CRIMINAL LAW 2- ELEMENTS AND PENALTIES

TITLE ONE- CRIMES AGAINST NATIONALSECURITY AND THE LAW OF

NATIONS

TITLE TWO- CRIMES AGAINST THE FUNFAMENTAL LAWS OF THE STATE

TITLE THREE- CRIMES AGAINST PUBLIC ORDER

TITLE FOUR- CRIMESAGAINST PUBLIC INTEREST

TITLE FIVE- CRIMES RELATIVE TO OPIUM AND OTHER PROHOBOTED

DRUGS

TITLE SIX- CRIMES AGAINST PUBLIC MORALS

TITLE SEVEN- CRIMES COMMITTED BY PUBLIC OFFICERS

TITLE EIGHT- CRIMES GAINST PERSONS

TITLE NINE- CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

TITLE TEN- CRIMES AGAINST PROPERTY

TITLE ELEVEN- CRIMES AGAINST CHASTITY

TITLE TWELVE- CRIMES AGAINST THE CIVIL STATUS OF PERSONS

TITLE THIRTEEN- CRIMES AGAINST HONOR

TITLE FOURTEEN- QUASI-OFFENSES

TITLE FIFTEEN- FINAL PROVISIONS

pg. 1
 TITLE 1: CRIMES AGAINST NATIONAL SECURITY
SECTION ONE: TREASON AND ESPIONAGE
Article Number Elements Penalties
1. Offender is a Filipino or
resident alien;
2. there is a war in which the
Philippines is involved;
Filipino Citizen -Reclusion
3. Offender either –
temporal to death
a. levies war against
Art. 114 Treason the government; or
Alien residing in the
b. adheres to the
Philippines – reclusion
enemies, giving
temporal to death
them aid or comfort
within the
Philippines.

Conspiracy To Commit Treason

1. There is a war in which the
Philippines is involved;
2. At least two persons come
to an agreement to –

a. levy war against the

government; or
b. adhere to the
enemies, giving
them aid or
comfort;
3. They decide to commit

Art. 115 Conspiracy and Proposal To Commit Treason

Prision mayor ; Prision
Proposal to Commit 1. There is a war in which
Correccional
Treason the Philippines is
involved;
2. At least one person
decides to –

a. levy war against the

government; or
b. adhere to the
enemies, giving
them aid or
comfort;
3. He proposes its
execution to some other
persons.

1. Offender owes allegiance to the

government, and not a
foreigner;
Art. 116 Misprision of 2. He has knowledge of conspiracy An accessory to the crime of
Treason to commit treason against the treason
government;
3. He conceals or does not
disclose and make known the
same as soon as possible to the

pg. 2
 governor or fiscal of the
province in which he resides, or
the mayor or fiscal of the city in
which he resides.

Paragraph 1

1. Offender enters any of the

places mentioned;
2. He has no authority
therefore;
3. His purpose is to obtain
information, plans,
photographs or other data
of a confidential nature
relative to the defense of the
Philippines.
Art. 117 Espionage Prision correccional
Paragraph 2

1. Offender is a public officer;

2. He has in his possession the
articles, data or information
referred to in paragraph 1 of
Article 117, by reason of the
public office he holds;
3. He discloses their contents
to a representative of a
foreign nation.

SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF

WAR

1. Offender performs unlawful

or unauthorized acts;
2. The acts provoke or give
occasion for –
 Public officer or
Art. 118 Inciting to War or employee -reclusion
a. a war involving or
giving motives for temporal
liable to involve the
reprisals
Philippines; or  Private individual -
b. exposure of Filipino prision mayor
citizens to reprisals
on their persons or
property.

1. There is a war in which the

Philippines is not involved;
2. There is a regulation issued
Art. 119 Violation of
by a competent authority to Prision correccional
Neutrality
enforce neutrality;
3. Offender violates the
regulation.

Art. 220 Correspondence

with hostile Country 1. It is in time of war in  Prision correccional -

pg. 3

Article 121. Flight to
Enemy's Country
SECTION 3: PIRACY AND MUTINY ON THE HIGH SEAS OR IN
PHILIPPINE WATERS
Piracy
Article 122. Piracy in
general and Mutiny on the
High Seas or in Philippine
Waters
which the Philippines is if the correspondence
involved; has been prohibited
2. Offender makes by the Government
correspondence with an
enemy country or  Prision Mayor - if the
territory occupied by correspondence be
enemy troops; carried on in ciphers
3. The correspondence is or conventional signs;
either – and
a. prohibited by the  Reclusion temporal- if
government; notice or information
b. carried on in ciphers be given thereby
or conventional which might be useful
signs; or to the enemy
c. containing notice or
information which
might be useful to
the enemy.
1. There is a war in which
the Philippines is
involved;
2. Offender must be owing
allegiance to the
government;
3. Offender attempts to Arresto mayor
flee or go to enemy
country;
4. Going to the enemy
country is prohibited by
competent authority.
1. The vessel is on the high
seas or Philippine waters;
2. Offenders are neither
members of its complement
nor passengers of the vessel;
3. Offenders either –
a. attack or seize a vessel
on the high seas or in
Reclusion perpetua
Philippine waters; or
b. seize in the vessel while
on the high seas or in
Philippine waters the
whole or part of its
cargo, its equipment or
personal belongings of
its complement or
passengers;
4. There is intent to gain.
pg. 4
 Mutiny

1. The vessel is on the high seas or

Philippine waters;
2. Offenders are either members
of its complement, or
passengers of the vessel;
3. Offenders either –

a. attack or seize the

vessel; or
b. seize the whole or
part of the cargo, its
equipment, or
personal belongings
of the crew or
passengers.

1. The vessel is on the high seas or

Philippine waters:
2. Offenders may or may not be
members of its complement, or
passengers of the vessel;
3. Offenders either –

a. attack or seize the

vessel; or

b. seize the whole or

part of the cargo, its
equipment., or
personal belongings
of the crew or
passengers;
Article 123. Qualified 4. The preceding were
Piracy committed under any of the Reclusion perpetua to death
following circumstances:

a. whenever they have

seized a vessel by
boarding or firing
upon the same;

b. whenever the pirates

have abandoned
their victims without
means of saving
themselves; or

c. whenever the crime

is accompanied by
murder, homicide,
physical injuries or
rape.

pg. 5
TITLE II. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE
SECTION 1: ARBITRARY DETENTION AND EXPULSION
Article Number Elements Penalties

3days – arresto mayor in its

1. Offender is a public
Article 124. Arbitrary officer or employee;
Detention 2. He detains a person;
3. The detention is without
legal grounds.
maximum period to prision
correccional in its minimum
period.
4-15days – prision correccional
16days-6months – prision
mayor

6months and 1day – reclusion

temporal

1. Offender is a public
officer or employee;

2. He detains a person for

some legal ground;

3. He fails to deliver such

Article 125. Delay in the person to the proper
Delivery of Detained judicial authorities within
Persons to the Proper –
Judicial Authorities
a. 12 hour for light
penalties;

b. 18 hours for
correctional
penalties; and

c. 36 hours for
afflictive or
capital penalties.

1. Offender is a public
officer or employee;
2. There is a judicial or
executive order for the
release of a prisoner or
detention prisoner, or
Article 126. Delaying
that there is a proceeding
Release
upon a petition for the
liberation of such
person;
3. Offender without good
reason delays –

a. the service of the

notice of such
order to the

pg. 6
 prisoner;

b. the performance
of such judicial
or executive
order for the
release of the
prisoner; or

c. the proceedings
upon a petition
for the release of
such person.

1. Offender is a public
officer or employee;
2. He either –

a. expels any
person from the
Article 127. Expulsion Philippines; or Prision correccional
b. compels a person
to change
residence;
3. Offender is not
authorized to do so by
law.

SECTION 2: VIOLATION OF DOMICILE

1. Offender is a public
officer or employee;
2. He is not authorized by
Prision correccional in its
Article 128. Violation of judicial order to enter
minimum period
Domicile the dwelling or to make
a search therein for
papers or other effects.

1. Procuring a search
warrant without just
cause;

Elements
1. Offender is a public
Article 129. Search Warrants
officer or employee; Arresto mayor in its maximum
Maliciously Obtained, and
2. He procures a search period to prision correccional
Abuse in the Service of
warrant; in its minimum period
Those Legally Obtained
3. There is no just cause.

2. Exceeding his authority

or by using unnecessary
severity in executing a
search warrant legally
procured.

pg. 7
 Elements
1. Offender is a public
officer or employee;
2. He has legally procured a
search warrant;
3. He exceeds his authority
or uses unnecessary
severity in executing the
same.

1. Offender is a public
officer or employee;
2. He is armed with search
warrant legally procured;
3. He searches the
Article 130. Searching domicile, papers or other
Arresto mayor in its minimum
Domicile without Witnesses belongings of any
and maximum period
person;
4. The owner, or any
members of his family,
or two witnesses residing
in the same locality are
not present.

SECTION 3: PROHIBITION, INTERRUPTION, AND DISSOLUTION

OF PEACEFUL MEETINGS
1. Offender is a public
officer or employee;
2. He performs any of the
following acts:
a. prohibiting or by
interrupting, without
legal ground, the
holding of a peaceful
meeting, or by
dissolving the same;

Article 131. Prohibition, b. hindering any

Interruption, and person from
Dissolution of Peaceful joining any Prision correccional in its
Meetings lawful minimum period
association, or
attending any of
its meetings;

c. prohibiting or
hindering any
person from
addressing, either
alone or together
with others, any
petition to the
authorities for
the correction of

pg. 8
 abuses or redress
of grievances.

SECTION 4: CRIMES AGAINST RELIGIOUS WORSHIP

1. Offender is a public
officer or employee;

2. Religious ceremonies or
Public officer or employee –
manifestations of any
prision correccional in its
religious are about to
Article 132. Interruption of minimum period
take place or are going
Religious Worship
on;
Commited w/ violence or
threat- prision correccional in
3. Offender prevents or
its medium and maximum
disturbs the same.
periods
Qualified if committed by
violence or threat.

Elements

1. Acts complained of were

Article 133. Offending the
Religious Feelings
2.
performed in a place
devoted to religious
worship, or during the
celebration of any
religious ceremony;
Arresto mayor in its maximum
period to prision correccional
The acts must be
in its minimum period
notoriously offensive to
the feelings of the
faithful.

There must be deliberate intent

to hurt the feelings of the
faithful.

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

CHAPTER ONE: REBELLION, COUP D’ETAT, SEDITION AND
DISLOYALTY
Article Number Elements Penalties

1. There is a public uprising and taking

arms against the government;
2. The purpose of the uprising or
Article 134. movement is –
Rebellion or
Insurrection a. to remove from the allegiance
to the government or its laws
Philippine territory or any part
thereof, or any body of land,
naval, or other armed forces;

pg. 9
 or

b. to deprive the Chief Executive

or Congress, wholly or partially,
of any of their powers or
prerogatives.

1. Offender is a person or persons

belonging to the military or police or
holding any public office or
employment;
2. It is committed by means of a swift
attack accompanied by violence,
intimidation, threat, strategy or stealth;
3. The attack is directed against the duly
Article 134-A. Coup
constituted authorities of the Republic
d' etat
of the Philippines, or any military camp
or installation, communication
networks, public utilities or other
facilities needed for the exercise and
continued possession of power;
4. The purpose of the attack is to seize or
diminish state power.

Persons liable for rebellion, insurrection or coup d' etat under Article 135

1. The leaders –

a. Any person who promotes, maintains or heads a rebellion or insurrection; ( reclusion

perpetua) or
b. Any person who leads, directs or commands others to undertake a coup d' etat;
(reclusion perpetua)

2. The participants –

a. Any person who participates or executes the commands of others in rebellion,

insurrection or coup d' etat; (reclusion perpetua)
b. Any person not in the government service who participates, supports, finances, abets
or aids in undertaking a coup d' etat. (prision mayor in its maximum period)

Conspiracy and Proposal

to Commit Coup d' etat –
prision mayor in its
Article 136.
miniumum period
Conspiracy and Conspiracy and proposal to commit rebellion
Proposal to Commit are two different crimes, namely:
Conspiracy and Proposal
Coup d' etat, 1. Conspiracy to commit rebellion; and
to commit Rebellion or
Rebellion or
Insurrection – prision
Insurrection 2. Proposal to commit rebellion.
correctional in its
maximum/minimum
period

Article 137. Prision correccional in its

Disloyalty of Public 1. By failing to resist a rebellion by all the minimum period

pg. 10
 Officers or means in their power;
Employees 2. By continuing to discharge the duties
of their offices under the control of the
rebels; or
3. By accepting appointment to office
under them.

Offender must be a public officer or employee.

1. Offender does not take arms or is not

in open hostility against the
government;
2. He incites others to the execution of
Article 138. Inciting
any of the acts of rebellion;
to Rebellion or Prision mayor in its
3. The inciting is done by means of
Insurrection minimum period
speeches, proclamations, writings,
emblems, banners or other
representations tending to the same
end.

1. Offenders rise publicly and tumultuously;

2. Offenders employ force, intimidation, or
other means outside of legal methods;
3. Purpose is to attain any of the following
objects:
a. To prevent the promulgation or
execution of any law or the holding of Art 140: leader of
any popular election; sedition – prision
b. To prevent the national government or mayor in its minimum
any provincial or municipal period
government, or any public officer from Other persons
exercising its or his functions or participating – prision
Article 139. Sedition
prevent the execution of an correccional in its
administrative order; maximum period
c. To inflict any act of hate or revenge
upon the person or property of any Article 141. Conspiracy
public officer or employee; to Commit Sedition –
d. To commit, for any political or social prision correccional in
end, any act of hate or revenge against its medium period
private persons or any social classes;
e. To despoil for any political or social
end, any person, municipality or
province, or the national government
of all its property or any part thereof.

pg. 11
 1. Offender does not take direct part in
the crime of sedition;
2. He incites others to the
accomplishment of any of the acts
Article 142.
which constitute sedition; and Prision correccional in its
Inciting to Sedition 3. Inciting is done by means of speeches, maximum period
proclamations, writings, emblems,
cartoons, banners, or other
representations tending towards the
same end.

CHAPTER TWO: CRIMES AGAINST POPULAR REPRESENTATION

SECTION 1: CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR
BODIES
1. There is a projected or actual meeting
of Congress or any of its committees
Article 143. Acts
or subcommittees, constitutional
Tending to Prevent
committees or divisions thereof, or of
the Meeting of the
any provincial board or city or
Congress of the
municipal council or board;
Philippines and Prision correccional
2. Offender, who may be any person,
Similar Bodies
prevents such meetings by force or
fraud.

1. There is a meeting of Congress or 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;
Article 144. 2. Offender does any of the following
Disturbance of acts:
Arresto mayor
Proceedings 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.

SECTION 2: VIOLATION OF PARLIAMENTARY IMMUNITY

1. Using force, intimidation, threats, or
frauds to prevent any member of
Congress from attending the meetings Person use force
of Congress or of any of its intimidation, threats or
committees or subcommittees, fraud- prision mayor
Article 145.
constitutional commissions or
Violation of
committees or divisions thereof, or Attendees expressing
Parliamentary
from expressing his opinion or casting opinions or casting votes
Immunity
his vote; (public officers or
employees) - prision
Elements correccional
Except a member who
1. Offender uses force, committed the crime –
intimidation, threats or fraud; prision mayor

pg. 12
 2. The purpose of the offender is
to prevent any member of
Congress from –

a. attending the meetings

of the Congress or of
any of its committees
or constitutional
commissions, etc.;
b. expressing his opinion;
or
c. casting his vote.

2. Arresting or searching any member

thereof while Congress is in 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

1. Offender is a public officer of

employee;
2. He arrests or searches any
member of Congress;
3. Congress, at the time of arrest
or search, is in regular or
special session;
4. The member arrested or
searched has not committed a
crime punishable under the
Code by a penalty higher than
prision mayor.

CHAPTER THREE: ILLEGAL ASSEMBLIES AND ASSOCIATION

1. Any meeting attended by armed
persons for the purpose of committing
any of the crimes punishable under the
Code;

Elements Organizers and leaders –

1. There is a meeting, a gathering
or group of persons, whether
Article 146. Illegal in fixed place or moving;
Assemblies 2. The meeting is attended by
armed persons;
3. The purpose of the meeting is
to commit any of the crimes
punishable under the Code.
prision correccional in
itsmaximum period to
prision mayor in its
medium period
Person merely present at
the meeting – arresto
mayor ; when armed-
prision correccional

2. Any meeting in which the audience,

whether armed or not, is incited to the
commission of the crime of treason,
rebellion or insurrection, sedition, or

pg. 13
 assault upon person in authority or his
agents.

1. There is a meeting, a gathering

or group of persons, whether
in a fixed place or moving;
2. The audience, whether armed
or not, is incited to the
commission of the crime of
treason, rebellion or
insurrection, sedition or direct
assault.

Illegal associations

1. Associations totally or partially

Founders, directors, and
organized for the purpose of
presidents of the
committing any of the crimes
association - Prision
punishable under the Code;
Article 147. Illegal correccional in its
Associations 2. Associations totally or partially minimum and medium
organized for some purpose contrary periods
to public morals.
Persons liable Members of the
association – arresto
1. Founders, directors and president of mayor
the association;
2. Mere members of the association.

CHAPTER FOUR: ASSAULT UPON AND RESISTANCE AND

DISOBEDIENCE TO , PERSONS IN AUTHORITY AND THEIR
AGENTS
1. Without public uprising, by employing
force or intimidation for the attainment
of any of the purposes enumerated in
defining the crimes of rebellion and
sedition;

Elements
1. Offender employs force or
intimidation;
Article 148. Direct 2. The aim of the offender is to Prision correccional in its
Assault attain any of the purposes of medium and maximum
the crime of rebellion or any of period
the objects of the crime of
sedition;
There is no public uprising.

2. Without public uprising, by attacking,

by employing force or by seriously
intimidating or by seriously resisting
any person in authority or any of his
agents, while engaged in the
performance of official duties, or on

pg. 14
 occasion of such performance.

Elements

1. Offender makes an attack,

employs force, makes a serious
intimidation, or makes a serious
resistance;
2. The person assaulted is a
person in authority or his
agent;
3. At the time of the assault, the
person in authority or his agent
is engaged in the actual
performance of official duties,
or that he is assaulted by reason
of the past performance of
official duties;
4. Offender knows that the one
he is assaulting is a person in
authority or his agent in the
exercise of his duties.
5. There is no public uprising.

1. A person in authority or his agent is

the victim of any of the forms of direct
Article 149. Indirect assault defined in Article 148;
2. A person comes to the aid of such Prision correccional in its
Assault
authority or his agent; minimum and medium
3. Offender makes use of force or periods
intimidation upon such person coming
to the aid of the authority or his agent.

Acts punished

ARTICLE 150. 1. By refusing, without legal excuse, to

DISOBEDIENCE TO obey summons of Congress, its special
SUMMONS ISSUED or standing committees and
BY CONGRESS, ITS subcommittees, the Constitutional
COMMITTEES OR Commissions and its committees,
SUBCOMMITTEES, subcommittees or divisions, or by any
BY THE commission or committee chairman or Arresto mayor
CONSTITUTIONAL member authorized to summon
COMMISSIONS, ITS witnesses;
COMMITTEES, 2. By refusing to be sworn or placed
SUBCOMMITTEES OR under affirmation while being before
DIVISIONS such legislative or constitutional body
or official;
3. By refusing to answer any legal inquiry
or to produce any books, papers,
documents, or records in his

pg. 15
 possession, when required by them to
do so in the exercise of their functions;
4. By restraining another from attending
as a witness in such legislative or
constitutional body;
5. By inducing disobedience to a
summons or refusal to be sworn by any
such body or official.

Elements of resistance and serious

disobedience under the first paragraph

1. A person in authority or his agent is

engaged in the performance of official
duty or gives a lawful order to the
offender;
2. Offender resists or seriously disobeys
such person in authority or his agent;
ARTICLE 151.
RESISTANCE AND 3. The act of the offender is not included
DISOBEDIENCE TO in the provision of Articles 148, 149
A PERSON IN and 150.
AUTHORITY OR THE Arresto mayor
AGENTS OF SUCH
PERSON Elements of simple disobedience under the
second paragraph

1. An agent of a person in authority is

engaged in the performance of official
duty or gives a lawful order to the
offender;
2. Offender disobeys such agent of a
person in authority;
3. Such disobedience is not of a serious
nature.

CHAPTER FIVE: PUBLIC DISORDERS

Acts punished

1. Causing any serious disturbance in a

public place, office or establishment;
2. Interrupting or disturbing
performances, functions or gatherings,
Article 153.
or peaceful meetings, if the act is not Arresto mayor in its
Tumults and Other
included in Articles 131 and 132; medium period to prision
Disturbances of
3. Making any outcry tending to incite correccional in its
Public Order
rebellion or sedition in any meeting, minimum period
association or public place;
4. Displaying placards or emblems which
provoke a disturbance of public order
in such place;
5. Burying with pomp the body of a
person who has been legally executed.
Article 154.
Unlawful Use of Acts punished
Arresto mayor
Means of
Publication and 1. Publishing or causing to be published,

pg. 16
 Unlawful by means of printing, lithography or
Utterances 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
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 printer’s name, or which
are classified as anonymous.

Actual public disorder or actual damage to the

credit of the State is not necessary.
Acts punished

1. Discharging any firearm, rocket,

firecracker, or other explosive within
any town or public place, calculated to
cause (which produces) alarm of
danger;
2. Instigating or taking an active part in
ARTICLE 155. any charivari or other disorderly
ALARMS AND meeting offensive to another or
SCANDALS prejudicial to public tranquility; Arresto menor
3. Disturbing the public peace while
wandering about at night or while
engaged in any other nocturnal
amusements;
4. Causing any disturbance or scandal in
public places while intoxicated or
otherwise, provided Article 153 in not
applicable.

Penalty of arresto mayor

in its maximum period to
1. There is a person confined in a jail or prision correccional in its
penal establishment; minimum period is
Article 156. imposed if violence,
Delivering Prisoners 2. Offender removes therefrom such intimidation or bribery is
from Jail person, or helps the escape of such used.
person.
Penalty of arresto mayor
if other means are used.
Penalty decreased to the
minimum period if the

pg. 17
 escape of the prisoner
shall take place outside of
said establishments by
taking the guards by
surprise.

CHAPTER SIX: EVASION OF SERVICE OF SENTENCE

1. Offender is a convict by final

ARTICLE 157. judgment;
EVASION OF 2. He is serving sentence which consists Prision correccional in its
SERVICE OF in the deprivation of liberty; medium and maximum
SENTENCE 3. He evades service of his sentence by period
escaping during the term of his
imprisonment.

1. Offender is a convict by final

judgment, who is confined in a penal
institution;
2. There is disorder, resulting from –
a. conflagration;
b. earthquake;
Article 158. Evasion
c. explosion; or
of Service of
d. similar catastrophe; or
Sentence on the
e. mutiny in which he has not
Occasion of
participated;
Disorders,
Conflagrations,
3. He evades the service of his sentence
Earthquakes, or
by leaving the penal institution where
Other Calamities
he is confined, on the occasion of such
disorder or during the mutiny;
4. He 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.

Article 159. Other 1. Offender was a convict;

Cases of Evasion of 2. He was granted pardon by the Chief Prision correccional in its
Service of Sentence Executive; minimum period
3. He violated any of the conditions of
such pardon.
CHAPTER SEVEN: COMMISSION OF ANOTHER CRIME DURING
SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS
OFFENSE – PENALTY
Article 160.
Commission of
Another Crime
During Service of 1. Offender was already convicted by Maximum period of the
Penalty Imposed for final judgment of one offense; penalty prescribed by law
Another Previous 2. He committed a new felony before of the new felony
Offense beginning to serve such sentence or
while serving the same.

pg. 18
TITLE IV: CRIMES AGAINST PUBLIC INTEREST
ARTICLE NOS/CRIME ELEMENTS/ACTS PUNISHABLE PENALTY
ART.161 Counterfeiting the great 1. Forging the Great Seal of the Government of the
seal of the Government of the Philippines
Reclusion Temporal
Philippines, forging the signature or 2. Forging the signature of the President
stamp of the Chief Executive 3. Forging the stamp of the President
1. That the Great Seal of the Republic was
counterfeited or the signature or stamp of the
Chief Executive was forged by another person
ART.162 Using forged signature or
counterfeit seal or stamp 2. That the offender knew of the counterfeiting or Prision Mayor
forgery
3. That he used the counterfeit seal or forged
signature or stamp
Prision Mayor in its minimum
and medium periods and a fine
not to exceed 10, 000 pesos, if
the counterfeied coin be silver
coin of the Philippines or coin
of th Central Bnak of the
Philippines of ten-centavo
denomination or above.
1. That there be false or counterfeited coins
Prision correccional in its
2. That the offender either made, imported or
minimum and medium periods
ART.163 Making and importing and uttered such coins
and a fine not to exceed 2, 000
uttering false coins 3. That in case of uttering such false or
pesos if the counterfeited coins
counterfeited coins, he connived with the
be any of the minor coinage of
counterfeiters or importers.
the Philippines or of the Central
Bank of the Philippines below
ten-centavo denomination.

Prision Correccional in its

minimum period and a fine not
to exceed 1, 000 pesos, if the
counterfeited coin be currency
of a foreign country.
1. Mutilating coins of the legal currency, with the
further requirement that there be intent to damage or
Prision Correccional in its
to defraud another.
ART. 164 Mutilation of Coins minimum period and a fine not
2. Importing or uttering such mutilated coins, with the
to exceed 2, 000 pesos
further requirement that there must be connivance
with the mutilator or importer in case of uttering.
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 (includes constructive possession)
b. With intent to utter, and
ART. 165 Selling of false or
c. Knowledge Arresto Mayor
mutilated coin, without connivance
2. Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated.
Elements:
a. Actually uttering a false or mutilated coin, and
b.Knowledge that such coin is false or mutilated
Reclusion Temporal in its
minimum period and a fine not
1. Forging or falsification of treasury or bank notes or to exceed 10, 000 pesos, if the
ART. 166 Forging treasury or bank other documents payable to bearer document which has been
notes or other documents payable to 2. Importation of such false or forged obligations or falsified, counterfeited, or
bearer; importing and uttering such notes altered is an obligation or
false or forged notes and documents 3. Uttering of such false or forged obligations or security of the Philippine
notes in connivance with the forgers or importers Islands

Prision Mayor in its maximum

pg. 19

ART. 167 Counterfeiting, importing
and uttering instruments not payable
to bearer
ART. 168 Illegal possession and use
of false treasury or bank notes and
other instruments of credit
ART. 170 Falsification of legislative
documents
ART. 171 Falsification by public
officer, employee or notary or a. Counterfeiting or imitating any handwriting,
ecclesiastical minister
period and a fine not to exceed
5, 000 pesos, if the falsified or
altered document is a circulating
note issued by any banking
asssociation duly authorized by
law to issue the same
Prision Mayor in its medium
period and a fine not to exceeed
5, 000 pesos if the falsified or
counterfeited document was
issued by a foreign government
Prision mayor in its minimum
period and a fine not to exceed
2, 000 pesos, when the forged or
altered document is a circulating
note or bill issued by a foreign
bank duly authorized therefor
1. That there be an instrument payable to order or
other document of credit not payable to bearer. Prision Correccional in its
2. That the offender either forged, imported or uttered medium and maximum periods
such instrument. and a fine not to exceeding 6,
3. That in case of uttering, he connived with the 000 pesos
forger or importer.
1. That any treasury or bank note or certificate or
other obligation and security 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; Arresto Mayor
2. That the offender knows that any of the said
instruments is forged or falsified; and
3. That he either used or possessed with intent to use
any of such forged or falsified instruments
1. That there be a bill, resolution or ordinance enacted
or approved or pending approval by either House of
Legislature or any provincial board or municipal
council. Prision Correccional in its
maximum period and a fine not
2. That the offender alters the same.
exceeding 6, 000 pesos
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the
document.
1. That the offender is a public officer, employee, or
notary public.
2. That he takes advantage of his official position.
a. He has the duty to make or prepare or to otherwise
intervene in the preparation of the document; or
b. He has the official custody of the document which
he falsifies.
3. That he falsifies a document by committing any of
the following acts:
Prision Mayor and a fine not to
exceed 5, 000 pesos
signature, or rubric.
Elements:
i. That there be an intent to imitate, or an attempt to
imitate, and
ii. That the two signatures or handwritings, the
genuine and the forged bear some resemblance to
each other.
b. Causing it to appear that persons have participated
in any act or proceeding when they did not in fact so
participate.
Elements:
pg. 20
 i. That the offender caused it to appear in a document
that a person or persons participated in an act or a
proceeding; and
ii. That such person or persons did not in fact so
participate in the act or proceeding.

c. Attributing to persons who have participated in an

act or proceeding statements other than those in fact
made by them.
Elements:
i. That a person or persons participated in an act or a
proceeding;
ii. That such person or persons made statements n that
act or proceeding; and
iii. 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.

d. Making untruthful statements in a narration of

facts.
Elements:
i. That the offender makes in a document untruthful
statements in a narration of facts;
ii. That he has legal obligation to disclose the truth of
the facts narrated by him;
iii. The facts narrated by the offender are absolutely
false.
iv. The untruthful narration must be such as to affect
the integrity of the document or to change the effects
which it would otherwise produce.

e. Altering true dates.

f. Making any alteration or intercalation in a genuine

document which changes its meaning.
Elements:
i. That there be an alteration (change) or intercalation
(insertion) on a document;
ii. That it was made on a genuine document;
iii. That the alteration or intercalation had changed
the meaning of the document; and
iv. That the change made the document speak
something false.

g. Issuing in authenticated form a document

purporting to be a copy of an original document when
no such original exists, or including in such copy a
statement contrary to, or different from, that of the
genuine original.

h. Intercalating any instrument or note relative to the

issuance thereof in a protocol, registry or official
book.

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.
1. Falsification of public official or commercial
document by a private individual.
Elements:
Prision Correccional in its
ART. 172 Falsification by private a. Offender is a private individual or public officer or
medium and maximum periods
individuals and use of falsified employee who did not take advantage of his official
and a fine not to exceed 5, 000
documents position
pesos
b. He committed any act of falsification
c. The falsification is committed in a public, official,
or commercial document or letter of exchange

pg. 21
 2. Falsification of private document by any person
Elements:
a. Offender committed any of the acts of falsification
except Art. 171 (7), that is, issuing in an authenticated
form a document purporting to be a copy of an
original document when no such original exists, or
including in such a copy a statement contrary to, or
different from that of the genuine original
b. Falsification was committed in any private
document
c. Falsification caused damage to a third party or at
least the falsification was committed with intent to
cause such damage

3. Use of falsified document.

Elements:
a. In introducing in a judicial proceeding –
i. Offender knew that the document was falsified by
another person
ii. The falsified document is in Arts. 171 or 172 (1 or
2)
iii. He introduced said document in evidence in a
judicial proceeding

b. In use in any other transaction –

i. Offender knew that a document was falsified by
another person
ii. The false document is embraced in Arts. 171 or
172 (1 or 2)
iii. He used such document
iv. The use caused damaged to another or at least
used with intent to cause damage
1. Uttering fictitious wireless, telegraph or telephone
message.
2. Falsifying wireless, telegraph or telephone
message.
Elements of par. 1 and 2:
a. That the offender is an officer or employee of the
Government or an officer or employee of a private
corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
b. That the offender commits any of the following
acts:
ART. 173 Falsifictation of wireless, i. Uttering fictitious wireless, cable, telegraph or
cable, telegraph and telephone telephone message; or Prision Correccional in its
messages and use of said falsified ii. Falsifying wireless, cable, telegraph, or telephone medium and maximum period
messages message.

3. Using such falsified message.

Elements:
a. Offender knew that wireless, cable, telegraph, or
telephone message was falsified by an officer or
employee of a private corporation, engaged in the
service of sending or receiving wireless, cable or
telephone message
b. He used such falsified dispatch
c. The use resulted in the prejudice of a third party or
at least there was intent to cause such prejudice
1. Issuance of false certificate by a physician or
surgeon in connection with the practice of his Arresto Mayor in its maximum
profession period to Prision Correccional
ART. 174 False medical certificates,
2. Issuance of a false certificate or merit or service, in its minimum period and a
false certificates of merit or service,
good conduct or similar circumstances by a public fine not to exceed 1, 000 pesos
etc.
officer
3. Falsification by a private person of any certificate Arresto Mayor for #3
falling within 1 and 2.

pg. 22

ART. 175 Using false certificates
ART. 176 Manufacturing and
possession of instruments or
implements for falsifications
ART. 177 Usurpation of authority or
official function
ART. 178 Using fictitious name and
concealing true name
ART. 179 Illegal use of uniforms or not held by the offender or to a class of persons of
insignia
1. A physician or surgeon had issued a false medical
certificate, or public officer issued a false certificate
of merit or service, good conduct, or similar
circumstance, or a private person had falsified any of Arresto menor
said certificates
2. Offender knew that the certificate was false
3. He used the same
1. Making or introducing into the Philippines any
stamps, dies, marks, or other instruments or Prision correccional in its
implements for counterfeiting or falsification medium and maximum periods
2. Possessing with intent to use the instrument or and a fine not to exceed 10, 000
implements for counterfeiting or falsification made in pesos
or introduced into the Philippines by another person.
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 any foreign government.
2. Usurpation of Official Functions – by performing Prision correccional in its
any act pertaining to any person in authority or public minimum and medium periods
officer of the Philippine Government or of a foreign
government or any agency thereof, under pretense of
official position, and without being lawfully entitled
to do so.
1. Using fictitious name
Elements:
a. Offender uses a name other than his real name
b. He uses the fictitious name publicly
c. Purpose of use is to conceal a crime, to evade the
execution of a judgment or to cause damage (to Arresto Mayor and a fine not to
public interest) exceed 500 pesos
2. Concealing true name
Elements:
a. Offender conceals his true name and other personal
circumstances
b. Purpose is only to conceal his identity
1. Offender makes use of insignia, uniform or dress
2. The insignia, uniform or dress pertains to an office
Arresto Mayor
which he is not a member
3. Said insignia, uniform, or dress is used publicly
and improperly
Reclusion Temporal if the
defendant sentenced to death

1. There is a criminal proceeding Prision Mayor if the defendant

sentenced to Reclusion temporal
2. Offender testifies falsely under oath against the
or reclusion perpetua
defendant therein
ART. 180 False testimony against a 3. Offender who gives false testimony knows that it is
Prision Correccional if the
defendant false
defendant shall have been
4. Defendant against whom the false testimony is sentenced to any other afflictive
given is either acquitted or convicted in a final penalty
judgment
Arresto mayor if the defendant
shall have been sentenced to a
correccional penalty or a fine
Prision Correcccional in its
1. Testimony must be given in a civil case. minimum period and a fine not
2. It must relate to the issues presented in said case to exceed 6,000 pesos if the
3. It must be false amount in the controversy shall
ART. 182 False testimony in civil
4. It must be given by the defendant knowing the exceed 5,000 pesos
cases
same to be false
5. It must be malicious and given with an intent to Arresto mayor in its maximum
affect the issued presented in said case period and a fine not to exceed
1,000 pesos
ART. 183 False testimony in other Arresto Mayor in its maximum
cases and perjury in solemn 1. Accused made a statement under oath or executed period to prision correccional in

pg. 23
affirmation an affidavit upon a material matter its minimum period
2. Statement or affidavit was made before a
competent officer, authorized to receive and
administer oath
3. In that statement or affidavit, the accused made a
willful and deliberate assertion of a falsehood
4. Sworn statement or affidavit containing the falsity
is required by law

1. Offender offered in evidence a false witness or

ART. 184 Offering false testimony in false testimony
evidence 2. He knew the witness or testimony was false
3. Offer was made in a judicial or official proceeding

1. Soliciting any gift or promise as a consideration for

refraining from taking part in any public auction.
Elements:
a. There is a public auction
b. Offender solicits any gift or compromise from any
of the bidders
c. Such gift or promise is the consideration for his
refraining from taking part in that public auction
d. Offender has the intent to cause the reduction of Prision correccional in its
the price of the thing auctioned minimum period and a fine
ART. 185 Machinations in public
ranging from 10 to 50 per
auction
2. Attempting to cause bidders to stay away from an centum of the value of the thing
auction by threats, gifts, promises or any other auctioned
artifice.
Elements:
a. There is a public auction
b. Offender attempts to cause the bidders to stay away
from that public auction
c. It is done by threats, gifts, promises or any other
artifice
d. Offender has the intent to cause the reduction of
the price of the thing auctioned

1. Combination to prevent free competition in the

market.
Elements:
a. Entering into any contract or agreement or taking
part in any conspiracy or combination in the form of a
trust or otherwise

b. In restraint of trade or commerce or to prevent by

artificial means free competition in the market

2. Monopoly to restrain free competition in the

market.
Elements:
a. By monopolizing any merchandise or object of Prision Correccional in its
ART. 186 Monopolies and trade or commerce, or by combining with any other minimum period or a fine
combinations in restraint of trade person or persons to monopolize said merchandise or ranging from 2,00 to 6,000
object pesos or both
b. In order to alter the prices thereof by spreading
false rumors or making use of any other artifice
c. To restrain free competition in the market

3. Manufacturer, producer, or processor or importer

combining, conspiring or agreeing with any person to
make transactions prejudicial to lawful commerce or
to increase the market price of merchandise.

Elements:
a. Manufacturer, producer, processor or importer of
any merchandise or object of commerce
b. Combines, conspires, or agrees with any person

pg. 24

ART. 187 Importation and
disposition of falsely marked articles
or merchandise made of gold, silver
or other precious metals or their
alloys
ART. 188 Substituting and altering
trademarks, tradenames or service
marks
ART. 189 Unfair competition,
fraudulent registration of trade nmae,
trademark, or service mark,
fraudulent designation of origin and
false description
TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
RA 9165 ELEMENTS/ACTS PUNISHABLE
SEC. 4 Importation of Dangerous
Drugs and/or Controlled Precursors
and Essential Chemicals
SEC. 5 Sale, Trading,
Administration, Dispensation,
Delivery, Distribution and
Transportation of Dangerous Drugs
and/or Controlled Precursors and
Essential Chemicals
c. Purpose is to make transactions prejudicial to
lawful commerce or to increase the market price of
any merchandise or object of commerce
manufactured, produced, processed, assembled or
imported into the Philippines
1. Offender imports, sells, or disposes of any of those
articles or merchandise.
2. Stamps, brands, or marks of those articles of
Prision Correccional or a fine
merchandise fail to indicate the actual fineness or
ranging from 200 to 1,000 pesos
quality of said metals or alloys.
or both
3. Offender knows that the stamps, brands or marks
fail to indicate the actual fineness or the quality of the
metals or alloys .
1. By (a) substituting the tradename or trademark of
some other manufacture or dealer, or a colorable
imitation thereof, for the trade name or trademark
of the real manufacturer or delaeer upon any
article of commerce (b) selling the same
2. By selling or by offering for sale such articles of
commerce, knowing that the tradename or
Prision Correccional in its
trademark has been fraudulently used
minimum period or a fine
3. By using or substituting the service mark of some
ranging from 500 to 2,000 pesos
other person, or a colorable imitation of such
or both
mark, in the sale or advertising of his services
4. By printing, lithographing or reproducing
tradenmae, trademark or service mark of one
person, or a colorable imitation thereof, to enable
another person to fraudulently use the same,
knowing the fraudulent purpose for which it is to
be used.
1. By selling of hid goods, giving them the general
appearance of the goods of another manufacturer
or dealer
2. By (a) affixing to his goods or using in connection
with his services a false designation of origin, or
any false description or representation, and (b)
selling such goods or services
3. By procuring fraudulently from the patent office
the registration of trade name, trademark or service
mark.
PENALTY
Life to death & fine of 500,000
Any person, who, unless authorized by law, shall to 10 million regardless of the
import or bring into the Philippines any dangerous Quantity and purity involved
drug, regardless of the quantity and purity involved,
including any and all species of opium poppy or any MAXIMUM PENALTY :
part thereof or substances derived there from even for 1.Use of diplomatic Passport
floral, decorative and culinary purposes. 2.Financier
NOT BAILABLE
PENALTY :
Life to death & fine of 500,000
to 10 million regardless of the
Quantity and purity involved
Selling of Illegal Drugs: ( includes BROKER )
a) The identity of the buyer and seller,
b) the object and consideration; and Qualifying Circumstances –
c) the delivery of the thing sold and payment thereof 1) if the victim of the offense
is a minor or should a
prohibited/regulated drug
involve in any offense under
this section be the proximate
cause of the death of a victim
thereof, the maximum penalty
herein shall be imposed.
pg. 25
 2) Financier
3) Sale made within 100m from
school
Who are liable?

1. Owner of den, dive or resort where any dangerous

SEC. 6 Maintenance of a Den, Dive
or Resort
drug is used or sold in any form
2. Employee of den dive or resort who is aware of the
nature of the place as such
3. Visitor of den, dive or resort who is aware of the
nature of the place as such and shall knowingly visit
the same

1. The production, preparation, compounding or

processing of any dangerous drug and/or controlled
precursor and essential chemical, either directly or
indirectly or by extraction from substances of natural
origin, or independently by means of chemical
synthesis or by a combination of extraction and
chemical synthesis,
2. And shall include any packaging or repackaging of
SEC. 8 Manufacture of Dangerous
such substances, design or configuration of its form,
Drugs and/or Controlled Precursors
or labeling or relabeling of its container;
and Essential Chemicals
3. Except preparation, compounding, packaging or
labeling of a drug or other substances by a duly
authorized practitioner as an incident to his/her
administration or dispensation of such drug or
substance in the course of his/her professional
practice including research, teaching and chemical
analysis of dangerous drugs or such substances that
are not intended for sale or for any other purpose.

The offender illegally diverts any controlled

precursor and essential chemical by selling,
distributing, supplying or transporting legitimately
imported, in transit, manufactured or procured
controlled precursors and essential chemicals, in
SEC. 9 Illegal Chemical Diversion of
diluted mixtures or in concentrated form to any
Controlled Precursors and Essential
person or entity engaged in the manufacture of any
Chemicals
dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment of
such transaction through fraud, destruction of
documents, fraudulent use of permits, misdeclaration,
use of front companies or mail fraud.

1. The accused is in possession of an item or an

SEC. 10 Manufacture or Delivery of
object identified to be a prohibited or a regulated
Equipment, Instrument, Apparatus,
drug;
and Other Paraphernalia for
2. Such possession is not authorized by law; and
Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. 3. The accused freely and consciously possessed the
said drug

a. Life to death & fine

of 500,000 to 10
million
SEC. 11 Possession of Dangerous 10 gms. Opium, morphine,
Drugs heroine, cocaine, marijuana
resin and Ecstasy.

50 gms. Shabu
500 gms. Marijuana

b. Life Imprisonment and a fine

pg. 26

SEC. 12 Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs
SEC. 13 Possession of Dangerous
Drugs During Parties, Social
Gatherings or Meetings
SEC. 14 Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs
During Parties, Social Gatherings or
Meetings
SEC. 15 Use of Dangerous Drugs
Cultivation is any act of knowingly planting,
SEC. 16 Cultivation or Culture of
growing, raising, or permitting the planting, growing
Plants Classified as Dangerous Drugs
or raising of any plant which is the source of a
or are Sources Thereof
dangerous drug.
of P400,000.00-P500,000.00
10-50 gms. Shabu
c. 20 years to Life and a fine of
400,000.00-500,000.00
5-10 gms. Shabu
d. 12 – 20 years and a fine of
300,000.00-400,000.00
Less than 5 gms. Of any
dangerous drugs
6 mos. – 4 yrs. & fine of
10,000 – 50,000
1. The accused is in possession of an item or an
object identified to be a prohibited or a regulated
drug;
2. Such possession is not authorized by law; and
3. The accused freely and consciously possessed the
said drug
A person apprehended or
arrested, who is found to be
positive for use of any
dangerous drug, after a
confirmatory test, shall be
imposed a penalty of a
minimum of six (6) months
rehabilitation in a government
1. The accused was apprehended for the use of center for the first offense,
dangerous drugs subject to the provisions of
2. He was found to be positive for use of any
Article VIII of this Act.
dangerous drugs
3. No other dangerous drug was found in his
possession. If apprehended using any
dangerous drug act for the
second time, he/she shall suffer
the penalty of imprisonment
ranging from six (6) years and
one (1) day to twelve(12) years
and a fine ranging from Fifty
thousand pesos (P50,000.00) to
Two hundred thousand pesos
(P200,000.00)
Life to death and a fine of
P500,000.00 to P10 Million
Qualifying Circumstance
1. If the land involved is part of
the public domain, the
maximum of the penalty herein
provided shall be imposed.
2. Maximum penalty imposed
on financier
pg. 27

SEC. 17 Maintenance and Keeping of
Original Records of Transactions on
Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals
SEC. 18 Unnecessary Prescription of prescribed therein, as determined by the Board in
Dangerous Drugs
SEC. 19 Unlawful Prescription of
Dangerous Drugs
TITLE VI: CRIMES AGAINST PUBLIC MORALS
ARTICLE NOS/CRIME
ART. 200 Grave Scandal
ART. 202 Vagrants and Prostitutes
Any practitioner, manufacturer, wholesaler, importer,
distributor, dealer or retailer who violates or fails to
comply with the maintenance and keeping of the
original records of transactions on any dangerous
drug and/or controlled precursor and essential
chemical in accordance with Sec. 40 of this Act.
Any practitioner, who shall prescribe any dangerous
drug to any person whose physical or physiological
condition does not require the use or in the dosage
12 to 20 years and fine of
P100,000 to P500,000 plus
consultation with recognized competent experts who
revocation of license
are authorized representatives of professional
organizations of practitioners, particularly those who
are involved in the care of persons with severe pain.
Any person, who, unless authorized by law, shall
make or issue a prescription or any other writing Life to death and a fine of
purporting to be a prescription for any dangerous P500,000 to P10 Million
drug.
ELEMENTS/ACTS PUNISHABLE PENALTY
1. Offender performs an act or acts;
2. Such act or acts be highly scandalous as offending
against decency or good customs;
3. Highly scandalous conduct is not expressly falling Arresto Mayor
within any other article of this Code;
4. Act or acts complained of be committed in a public
place or within the public knowledge or view.
Who 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- Arresto menor or a fine not
public buildings or places, or tramping or wandering exceeding P200
about the country or the streets without visible means
of support; If recidivist, arresto mayor in
ints medium period to prision
3. Any idle or dissolute person who lodges in houses correccional in its minimum
of ill-fame; ruffians or pimps and those who period or a fine ranging from
habitually associate with prostitutes; P200 to P2000, or both.
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.
pg. 28
TITLE SEVEN : CRIMES COMMITTED BY PUBLIC OFFICERS
Chapter One- Preliminary Provisions
ARTICLE 203
Who are public officers 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 pg
the Philippines Islands, or 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
public officer.
Chapter Two- MALFEASANCE AND MISFEASANCE IN OFFICE
Section One- Dereliction of duty
ARTICLE 204 ELEMENTS
Knowingly rendering unjust 1. That the offender is a judge;
judgment 2. That he renders a judgment in
a case submitted to him for
decision;
3. That the judgment is unjust;
4. That the judge knows that his
judgment is unjust.
ARTICLE 205
Judgment rendered through 1. That the offender is a
negligence judge.
2. That he renders a
judgment in a case
submitted to him for
decision.
3. That the judgment is
manifestly unjust
4. That it is due to his
inexcusable negligence or
ignorance
ARTICLE 206
Unjust interlocutory order 1. That the offender is a
judge;
2. That he performs any of
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 or subordinate
official, of any rank or
class; and
(2) That his authority to
take part in the
performance of public
functions or to perform
public duties must be –
a. By direct provision of the
law, or
b. By popular election, or
c. By appointment by
competent authority
PENALTY
Shall be punished by prision
mayor and perpetual absolute
disqualification.
Shall be punished by arresto
mayor and temporary special
disqualification
The penalty shall be
suspension.
pg. 29
 the following acts:
a. Knowingly renders
unjust interlocutory
order or decree; or
b. Renders a manifestly
unjust interlocutory
order or decree
through inexcusable
negligence or
ignorance.
ARTICLE 207
Malicious delay in the 1. That the offender is a The penalty of prision
administration of justice judge; correctional in its minimum
2. That there is a proceeding period shall be imposed upon
in his court; any judge guilty of malicious
3. That he delays the delay in the administration of
administration of justice; justice.
4. That the delay is
malicious, that is, the
delay is cause by the
judge with deliberate
intent to inflict damage
on either party in the
case.
ARTICLE 208
Prosecution of offenses; ACTS PUNISHABLE: The penalty of prision
negligence and tolerance correctional in its minimum
1. By maliciously refraining from period and suspension shall
instituting prosecution against be imposed upon any public
violators of the law. officers or officer of the law,
2. By maliciously tolerating the who, in dereliction of the
commission of the offenses. duties of his office, shall
maliciously refrain from
ELEMENTS OR DERELICTION OF DUTY instituting prosecution for the
IN THE PROSECUTION OF OFFENSES: punishment of violators of the
1. That the offender is a public law, or shall tolerate the
officer or officer of the law commission of the offenses.
who has a duty to cause the
prosecution of, or to
prosecute, offenses
2. That there is dereliction of the
duties of his office; that is,
knowing the commission of
the crime, he does not cause
the prosecution of the
criminal or knowing that a
crime is about to be
committed, he tolerates its
commission.
3. That the offender acts with
malice and deliberate intent
to favor the violator of the
law
ARTICLE 209
Betrayal of trust by an ACTS PUNISHED AS BETRAYAL OF In addition to the proper
attorney of solicitor-- TRUST BY ATTORNEY administration action, the
revelation of secrets penalty of prision correctional
1. By causing damage to his in its minimum period, or a

pg. 30
 client, either (1) by any
malicious breach of
professional duty, (2) by
inexcusable negligence or
ignorance
Note: When the attorney acts (1) with
malicious abuse of his employment or
(2) inexcusable negligence or
ignorance, there just be damage to his
client.
2. By revealing any of the
secrets of his client learned by
him in his professional
capacity.
Note: Damage is not necessary.
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.
Note: If the client consents to the
attorney’s taking the defense of the
other party, there is no crime.
SECTION TWO--- BRIBERY
ARTICLE 210 ELEMENTS/ACTS PUNISHABLE
Direct bribery Acts punishable in direct
bribery:
A public officer commits direct
bribery ---
1. By agreeing to perform,
or by performing, in
consideration of any
officer, promise, gift or
present – an acts
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, in
connection with the
performance of his
fine ranging from 200 to 1,000
pesos, or both shall be
imposed upon any attorney-
at-law or solicitor 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 any attorney-
at-law or solicitor 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.
PENALTY
Any public officer who shall
agree to perform an act
constituting a crime, in
connection with the
performance of his 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 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
pg. 31
 official duty
3. By agreeing to refrain, or
by refraining, from doing
something which it is his
official duty to do, in
consideration of gift or
promise.
ELEMENTS OF DIRECT BRIBERY:
a. That the offender be a
public officer within the
scope of Article 203.
b. That the offender accepts
an offer or a promise be
accepted, or gift or present
received by the public
officer—
c. That such offer or promise
be accepted, or gift or
present received by the
public officer-
(1) With a view to
committing some crime;
or
(2) In consideration of the
execution of an act
which does not
constitute a crime, but
the act must be unjust;
or
(3) To refrain from doing
something which it is his
official duty to do.
d. That the act which the
offender agrees to perform
or which he executes be
connected with the
performance of his official
duties.
ARTICLE 211 ELEMENTS
Indirect bribery 1. That the offender is a
public officer.
2. That he accepts gifts.
3. That the said gifts are
offered to him by reason
of his office
ARTICLE 211-A
Qualified Bribery 1. That the offender is a
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
correctional in its medium
period and a fine 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 correctional in its
maximum period to prision
mayor in its minimum period
and a fine of 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.
PENALTY
The penalties of prision
correctional, in its medium and
maximum periods, suspension
and public censure shall be
imposed upon any public officer
who shall accept gifts offered to
him by reason of his office.
If any public officer is entrusted
pg. 32

ARTICLE 212
Corruption of public officials
Please see ANTI-GRAFT AND CORRUPT PRACTICES ACT ( RA 3019 as amended by RA 3047, PD 77 and
BP 195)
Chapter Three--- FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
ARTICLE 213
Frauds against the public
treasury and similar offenses
public officer entrusted with law enforcement and he
with law enforcement; refrains from arresting or
prosecuting an offender who has
2. That the offender committed a crime punishable
refrains from arresting by reclusion perpetua and/or
or prosecuting an death in consideration of any
offender who has offer, promise, gift or present,
committed a crime he shall suffer the penalty for
punishable by reclusion the offense which was not
perpetua and/or death; prosecuted.
3. That the offender If it is the public officer who asks
refrains from arresting or demands such gift or present,
or prosecuting the he shall suffer the penalty of
offender in death.
consideration of any
promise, gift or present.
1. That the offender makes The same penalties imposed
offers or promises or upon the officer corrupted,
gives gifts or presents to except those of disqualification
a public officer. and suspension, shall be
imposed upon any person who
2. That the offers or shall have made the offers or
promises are made or promises or given the gifts or
the gifts or presents presents as described in the
given to a public officer, preceding articles.
under circumstances
that will make the public
officer liable for direct
bribery or indirect
bribery.
ACTS PUNISHABLE AS FRAUDS The penalty of prision
AGAINST PUBLIC TREASURY correctional in its medium
AND ILLEGAL EXACTIONS: period to prision mayor in its
minimum period, or a fine
1. By entering into an ranging from 200 to 10,000
agreement with any pesos, or both, shall be imposed
interested party or upon any public officer;
speculator or making use
of any other scheme, to
defraud the government,
in dealing with nay
person with regard to
furnishing supplies, the
making of contracts, or
the adjustment or
settlement of accounts
relating to public
property or funds.
pg. 33
 2. By demanding, directly
or indirectly, the
payment of sums
different from or larger
than those authorized by
law, in the collection of
taxes, licenses, fees, and
other imposts.

3. By failing voluntarily to
issue a receipt, as
provided by law, for any
sum of money collected
by him officially, in the
collection of taxes,
licenses, fees, and other
imposts.

4. By collecting or
receiving, directly or
indirectly, by way of
payment or otherwise,
things or objects of a
nature different from
that provided by law, in
the collection of taxes,
licenses, fees, and other
imposts.

ELEMENTS OF FRAUDS AGAINST

PUBLIC TREASURY

a. That the offender be

a public officer.
b. That he should have
taken advantage of
his office, that is, he
intervened in the
transaction in his
official capacity.
c. That he entered into
an agreement with
any interested party
or speculator or
made use of any
other scheme with
regard to (1)
furnishing supplies,
(2) the making of
contracts, or (3) the
adjustment or
settlement of
accounts relating to
public property or
funds.
d. That the accused
had intent to
defraud the

pg. 34
 Government

ELEMENTS OF ILLEGAL
EXACTIONS:

a. The offender is a
public officer
entrusted with the
collection of taxes,
licenses, fees and
other imposts.
b. He is guilty of any of
the following acts or
omissions:

(1) Demanding, directly or

indirectly, the payment
of sums different from
any or larger than those
authorized by law; or
(2) Failing voluntarily to
issue a receipt, as
provided by law, for any
sum of money collected
by him officially; or
(3) Collecting or receiving,
directly or indirectly, by
way of payment or
otherwise, things or
objects of a nature
different from that
provided by law.
ARTICLE 214
Other frauds 1. That the offender is a In addition to the penalties
public officer. prescribed in the provisions of
Chapter Six, Title Ten, Book Two
2. That he takes advantage of this Code, the penalty of
of his official position. temporary special
disqualification in its maximum
3. That he commits any of period to perpetual special
the frauds or deceits disqualification shall be imposed
enumerated in Articles upon any public officer who,
315 to 318. taking advantage of his official
position, shall commit any of the
frauds or deceits enumerated in
said provisions.
ARTICLE 215
Prohibited transactions 1. That the offender is an The penalty of prision
appointive public officer. correctional in its minimum
2. That he becomes period or a fine ranging from 200
interested, directly or to 1,000 pesos, or both, shall be
indirectly, in any imposed upon any appointive
transaction of exchange public officer who, during his
or speculation. incumbency, shall directly or
3. That the transaction indirectly become interested in
takes place within the any transaction of exchange or
territory subject to his speculation within the territory
jurisdiction. subject to his jurisdiction.

pg. 35

ARTICLE 216
Possession of prohibited
interest by a public officer
4. That he becomes
interested in the
transaction during his
incumbency.
Who are liable for possession of The penalty of arresto mayor in
prohibited articles? its medium period to prision
correctional in its minimum
1. Public officer who, period, or a fine ranging from
directly or indirectly, 200 to 1,000 pesos, or both, shall
became interested in be imposed upon a public officer
any contract or business who, directly or indirectly, shall
in which it was his become interested in any
official duty to contract or business in which it is
intervene. his official duty to intervene.
2. Experts, arbitrators, and
private accountants This provision is applicable to
who, in like manner took experts, arbitrators and private
part in any contract or accountants who, in like manner,
transaction connected shall take part in any contract or
with the estate or transaction connected with the
property in the estate or property in appraisal,
appraisal, distribution or distribution, or adjudication of
adjudication of which which they shall have acted, and
they had acted. to the guardians and executors
3. Guardians and executors with respect to the property
with respect to the belonging to their wards or
property belonging to estate.
their wards or the
estate.

Chapter Four--- MALVERSATION OF PUBLIC FUNDS OR PROPERTY

ARTICLE 217
Malversation of public funds or
property—Presumption of
malversation
ACTS PUNISHABLE IN
MALVERSATION
1. By appropriating public
funds or property.
2. By taking or
misappropriating the
same.
3. By consenting, or
through abandonment
or negligence, permitting
any other person to take
such public funds or
property.
4. By being otherwise guilty
of the misappropriation
or malversation of such
funds or property.
1. The penalty of prision
correctional in its
medium and maximum
periods, if the amount
involved in the
misappropriation or
malversation does not
exceed two hundred
pesos.
2. The penalty of prision
mayor in its minimum
and medium periods, if
the amount involved is
more than two hundred
pesos but does not
exceed six thousand
pesos.

ELEMENTS COMMON TO ALL 3. The penalty of prision

ACTS OF MALVERSATION mayor in its maximum
UNDER ARTICLE 217 period to reclusion
(a) That the offender be a temporal in its minimum

pg. 36
 public officer
(b) That he had the custody
or control of funds or
property by reason of
the duties of his office.
(c) That those funds or
property were public
funds or property for
which he was
accountable.
(d) That he appropriated,
took, misappropriated or
consented or, through
abandonment or
negligence, permitted
another person to take
them.
*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 out such missing funds or
property to personal uses. (As
amended by RA 1060)
period, if the amount
involved is more than six
thousand pesos but is
less than twelve
thousand pesos.
4. 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.

ARTICLE 218
Failure of accountable officer to
render accounts
ARTICLE 219
Failure of a responsible public
officer to render accounts
before leaving the country
1. That the offender is a Shall be punished by prision
public officer, whether in correctional in its minimum
the service or separated period, or by a fine ranging from
therefrom. 200 to 6,000 pesos, or both.
2. That he must be an
accountable officer for
public funds or property.
3. That he is required by
law or regulation to
render accounts to the
Commission on Audit, or
to a provincial auditor.
4. That he fails to do so for
a period of two months
after such accounts
should be rendered.
(a) That the offender is a Shall be punished by arresto
public officer mayor, or a fine ranging from
(b) That he must be an 200 to 1,000 pesos, or both.
accountable officer for
public funds or property
(c) That he must have
unlawfully left (or be on
the point of leaving) the
Philippines without
securing from the
Commission on Audit a
certificate showing that

pg. 37

ARTICLE 220
Illegal use of public funds or
property
ARTICLE 221
Failure to make delivery of
public funds or property
ARTICLE 222
Officers included in the
preceding provisions
his accounts have been
finally settled.
1. That the offender is Shall suffer the penalty of prision
a public officer. correctional in its minimum
2. That there is a public period or a fine ranging from
fund or property one-half to the total value of the
under his sum misapplied, if by reason of
administration. such misapplication, any
3. That such public damages or embarrassment shall
fund or property has have resulted to the public
been appropriated service. In either case, the
by law or ordinance. offender shall also suffer the
4. That he applies the penalty or temporary special
same to a public use disqualification.
other than that for
which such fund or If no damage or embarrassment
property has been to the public service has
appropriated by law resulted, the penalty shall be a
or ordinance. fine from 5 to 50 percent of the
sum misapplied.
ACTS PUNISHABLE UNDER Shall be punished by arresto
ARTICLE 221 mayor and a fine of from 5 to 25
percent of the sum which he
1. By failing to make failed to pay.
payment by a public
officer who is under The fine shall be graduated in
obligation to make such such case by the value of the
payment from thing, provided that it shall not
Government funds in his be less than 50 pesos.
possession.
2. By refusing to make
delivery by a public
officer who has been
ordered by competent
authority to deliver any
property in his custody
or under his
administration.
ELEMENTS OF FAILURE TO
MAKE PAYMENT
1. That the public officer
has Government funds in
his possession.
2. That he is under
obligation to make
payment from such
funds.
3. That he fails to make the
payment maliciously.
Private individuals who may be
liable under Articles 217 to 221.
1. Private individuals who,
pg. 38
 in any capacity
whatever, have charge
of any national,
provincial or municipal
funds, revenue, or
property.
2. Administrator or
depository of funds or
property attached,
seized or deposited by
public authority, even if
such property belongs to
a private individual.

Chapter Five--- INFIDELITY OF PUBLIC OFFICERS

ARTICLE 223 ELEMENTS PENALTY

Conniving with or consenting to 1. That the offender is a 1. By prision correctional in
evasion public officer. its medium and
2. That he had in his maximum periods and
custody or charge, a temporary special
prisoner, either disqualification in its
detention prisoner or maximum period to
prisoner by final perpetual special
judgment. disqualification, if
3. That such prisoner fugitive the fugitive shall
escaped from his have been sentenced by
custody. final judgment to any
4. That he was in penalty.
connivance with the 2. By prision correctional in
prisoner in the latter’s its minimum period and
escape. temporary special
disqualification, in case
the fugitive shall not
have been finally
convicted but only held
as a detention prisoner
for any crime or violation
of law or municipal
ordinance.
ARTICLE 224
Evasion through negligence 1. That the offender is a Said officer shall suffer the
public officer. penalties od arreto mayor in its
2. That he is charged with maximum period to prision
the conveyance or correctional in its minimum
custody of a prisoner, period and temporary special
either detention disqualification.
prisoner or prisoner by
final judgment
3. That such prisoner
escapes through his
negligence
ARTICLE 225
Escape of prisoner under the 1. That the offender is a Shall suffer the penalty next
custody of a person not a public private person. lower in degree than that
officer 2. That the conveyance or prescribed for the public officer.
custody of a prisoner or

pg. 39

ARTICLE 226
Removal, concealment or
destruction of documents
person under arrest is
confided to him.
3. That the prisoner or
person under arrest
escapes.
4. That the offender
consents to the escape
of the prisoner or person
under arrest, or that the
escape takes place
through his negligence.
1. That the offender is a
public officer.
2. The he abstracts,
destroys or conceals
documents or papers.
3. That the said documents
or papers should have
been entrusted to such
pubic officers by reason
of his office.
4. That the damage,
whether serious or not,
to a third party or to the
public interest should
have been caused.
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. That the penalty of
prision correctional in its
minimum and medium
period and a fine not
exceeding 1,000 pesos,
whenever the damage
caused to a third party
or to the public interests
shall not have been
serious.

In either case, the additional

ARTICLE 227
Officer breaking seal
ARTICLE 228
Opening of closed documents
penalty of temporary special
disqualification in its maximum
period to perpetual special
disqualification shall be imposed.
1. That the offender is a Shall suffer the penalties of
public officer. prision correctional in its
2. That he is charged with minimum and medium periods,
the custody of papers or temporary special
property. disqualification and a fine not
3. That these papers or exceeding 2,000 pesos.
property are sealed by
proper authority.
4. That he breaks the seals
or permits them to be
broken.
1. That the offender is a Shall suffer the penalties of
public officer. arresto mayor, temporary
2. That any closed papers, special disqualification and a fine
documents, or objects not exceeding 2,000 pesos.
are entrusted to his
custody.
3. That he opens or permits
to be opened said closed
papers, documents or

pg. 40
 objects.
4. That he does not have
proper authority.
ARTICLE 229
Revelation of secrets by an ACTS PUNISHABLE AS Any public officer who shall
officer REVELATION OF SECRETS BY AN reveal any secret known to him
OFFICER by reason of his official capacity,
or shall wrongfully deliver papers
1. By revealing any secrets or copies of papers of which he
known to the offending may have charge and which
public officer by reason should not be published, shall
of his official capacity. suffer the penalties of prision
2. By delivering wrongfully correctional in its medium and
papers or copies of maximum periods, perpetual
papers of which he may special disqualification, and a
have charge and which fine not exceeding 2,000 pesos if
should not be published. the revelation of such secrets or
the delivery of such papers shall
ELEMENTS OF NO. 1 have caused serious damage to
the public interest; otherwise,
a. That the offender is a the penalties of prision
public officer. correctional in its minimum
b. That he knows of a period, temporary special
secret by reason of his disqualification, and a fine not
official capacity. exceeding 500 pesos shall be
c. That he reveals such imposed.
secret without authority
or justifiable reasons.
d. That damage, great or
small, be caused to the
public interest.

ELEMENTS OF NO. 2

1. That the offender is a

public officer.
2. That he has charge of
papers.
3. That those papers
should not be published.
4. That he delivers those
papers or copies thereof
to a third person.
5. That the delivery is
wrongful.
6. That the damage be
caused to public interest.

ARTICLE 230
Public officer revealing secrets
of private individual
1. That the offender is a
public officer.
2. That he knows of the
secrets of a private
individual by reason of
his office.
3. That he reveals such
secrets without
authority or justifiable

pg. 41
 reason.

Chapter six --- OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

SECTION ONE—Disobedience, refusal of assistance, and maltreatment of prisoners

ARTICLE 231
Open disobedience 1. That the offender is a Shall suffer the penalties od
judicial or executive arresto mayor in its medium
officer. period to prision correctional in
2. That there is a judgment, its minimum period, temporary
decision or order of a special disqualification in its
superior authority. maximum period, and a fine not
3. That such judgment, exceeding 1,000 pesos.
decision or order was
made within the scope
of the jurisdiction of the
superior authority and
issued with all the legal
formalities.
4. That the offender
without any legal
justification openly
refuses to execute the
said judgment, decision,
decision or order, which
he is duty bound to
obey.
ARTICLE 232
Disobedience to order of 1. That the offender is a Shall suffer the penalties of
superior officer, when said public officer. prision correctional in its
order was suspended by inferior 2. That an order is issued minimum and medium periods
officer by his superior for and perpetual special
execution. disqualification.
3. That he has for any
reason suspended the
execution of such order.
4. That his superior
disapproves the
suspension of the
execution of the order.
5. That the offender
disobeys his superior
despite the disapproved
of the suspension.
ARTICLE 233
Refusal of assistance 1. That the offender is a The penalties of arresto mayor in
pubic officer. its medium period to prision
2. That a competent correctional in its minimum
authority demands from period, perpetual special
the offender that he disqualification and a fine not
lend his cooperation exceeding 1, 000 pesos, shall be
towards the imposed upon a public officer
administration of justice who, upon demand from
or other public service. competent authority, shall fauil
3. That the offender fails to to lend his cooperation towards
do so maliciously. the administration of justice or

pg. 42

ARTICLE 234
Refusal to discharge elective 1. That the offender is
office elected by popular
election to a public
office.
2. That he refuses to be
sworn in or to discharge
the duties of said office.
3. That there is no legal
motive for such refusal
to be sworn in or to
discharge the duties of
said office.
ARTICLE 235
Maltreatment of prisoners 1. That the offender is a
public officer or
employee.
2. That he has under his
charge a prisoner or
detention prisoner.
3. That he maltreats such
prisoner in either of the
following manners:
a.) Be overdoing himself
in the correction or
handling of a
prisoner or
detention prisoner
under his charge
either—
(1) By the
imposition of
punishments not
authorized by
the regulations,
or
(2) By inflicting such
punishments
(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.
other public service, is 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.
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 a
public office, shall refuse without
legal motive to be sworn in or to
discharge the duties of said
office.
The penalty of prision
correctional in its medium
period to prision mayor 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
punishments not authorized by
the regulations, or by inflicting
such punishments 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 prision mayor in its minimum
period, temporary special
disqualification and a fine not
exceeding six thousand (P6,000)
pesos, in addition to his liability
for the physical injuries or
damage caused (as amended by
EO 62)
pg. 43
SECTION TWO--- Anticipation, prolongation, and abandonment of the duties and powers of public
office

ARTICLE 236
Anticipation of duties of a public 1. That the offender is Any person who shall assume
office entitled to hold a public the performance of the duties
office or employment, and powers of any public office
either by election or or employment without first
appointment. being sworn in or having given
2. That the law requires the bond required by law, shall
that he should first be be suspended from such office
sworn in and/or should or employment until he shall
first give a bond. have complied with the
3. That he assumes the respective formalities and shall
performance of the be fined from 200 to 500 pesos.
duties and powers of
such office.
4. That he has not taken his
oath of office and/or
given the bond required
by law.
ARTICLE 237
Prolonging performance of 1. That the offender is Shall suffer the penalties of
duties and powers holding public office. prision correctional in its
2. That the period provided minimum period, special
by law, regulations or temporary disqualification in its
special provisions for minimum period and a fine not
holding such office, has exceeding 500 pesos.
already expired.
3. That he continues to
exercise the duties and
powers of such office.
ARTICLE 238
Abandonment of office or 1. That the offender is a Any public officer who, before
position public officer. the acceptance of his
2. That he formally resigns resignation, shall abandon his
from his position. office to the detriment of the
3. That his resignation has public service, shall suffer the
not yet been accepted. penalty of arresto mayor.
4. That he abandons his
office to the detriment If such office shall have been
of the public service. abandoned in order to evade the
discharge of the duties of
preventing, prosecuting, or
punishing any of the crimes
falling within Title One, and
Chapter One of Title Three of
Book Two of this Code, the
offender shall be punished by
prision correctional in its
minimum and medium periods,
and by arresto mayor if the
purpose of such abandonment is
to evade the duty of preventing,
prosecuting, or punishing any
other crime.

pg. 44
SECTION THREE--- Usurpation of powers and unlawful appointments
ARTICLE 239
Usurpation of legislative powers
ARTICLE 240
Usurpation of executive powers
ARTICLE 241
Usurpation of judicial functions
ARTICLE 242
Disobeying request for
disqualification
ARTICLE 243
Orders or requests by executive
officers to any judicial authority
ELEMENTS PENALTY
1. That the offender is an The penalties of prision
executive or judicial correctional in its minimum
order. period, temporary special
2. That he (a) makes disqualification, and a fine not
general rules and exceeding 1,000 pesos.
regulations beyond the
scope of his authority, or
(b) attempts to repeal a
law or (c) suspends the
execution thereof.
1. That the offender is a Shall suffer the penalty of
judge. arresto mayor in its medium
2. That he (a) assumes a period to prision correctional in
power pertaining to the its minimum period.
executive authorities, or
(b) obstructs the
executive authorities in
the lawful exercise of
their powers.
1. That the offender is an The penalty of arresto mayor in
officer of the executive its medium period to prision
branch of the correctional in its minimum
Government. period.
2. That he (a) assumes
judicial powers, or (b)
obstructs the execution
of any order or decision
rendered by any judge
within his jurisdiction.
1. That the offender is a Shall be punished by arresto
public officer. mayor and a fine not exceeding
2. That a proceeding is 500 pesos.
pending before such
public officer.
3. That there is a question
brought before the
proper authority
regarding his
jurisdiction, which is not
yet decided.
4. That he has been
lawfully required to
refrain from continuing
the proceeding.
5. That he continues the
proceeding.
1. That the offender is an Shall suffer the penalty of
executive officer. arresto mayor and a fine not
2. That he address any exceeding 500 pesos.
order or suggestion to
any judicial authority.
pg. 45
 3. That the order or
suggestion relates to any
case or business coming
within the exclusive
jurisdiction of the courts
of justice.
ARTICLE 244
Unlawful appointments 1. That the offender is a Shall suffer the penalty of
public officer. arresto mayor and a fine not
2. That he nominates or exceeding 1,000 pesos.
appoints a person to a
public office.
3. That such person lacks
the legal qualifications
therefor.
4. That the offender knows
that his nominee or
appointee lacks the
qualifications at the time
he made the nomination
or appointment.

SECTION FOUR--- Abuses against chastity

ARTICLE 245
Abuses against chastity
WAYS OF COMMTTING ABUSES The penalties of prison
AGAINST CHASTITY correctional in its medium and
maximum periods and
1. By soliciting or making temporary special
immoral or indecent disqualification shall be imposed.
advances against a
woman interested in If the person solicited be the
matters pending before wife, daughter, sister, or relative
the offending officer for within the same degree by
decision, or with respect affinity of any person in the
to which he is required custody of such warden or
to submit a report to or officer, the penalties shall be
consult with a superior prision correctional in its
officer. minimum and medium periods
2. By soliciting or making and temporary special
immoral or indecent disqualification.
advances to a woman
under the offender’s
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.

ELEMENTS OF THE OFFENSE

a. That the offender is

pg. 46
 a public officer.
b. That he solicits or
makes immoral or
indecent advances
to a woman.
c. That such woman
must be –

(1) Interested in matters

pending before the
offender for decision, or
with respect to which he
is required to submit a
report to or consult with
a superior officer; or
(2) Under the custody of the
offender who is a
warden or other public
officer directly charged
with the care and
custody of prisoners or
persons under arrest; or
(3) The wife, daughter,
sister or relative within
the same degree by
affinity of the person in
the custody of the
offender.
Note: the mother of the person
in the custody of the offender is
not included.

TITLE 8- CRIMES AGAINST PERSONS

CHAPTER ONE- DESTRUCTION OF LIFE

SECTION ONE—Parricide, murder, homicide

ARTICLE 248 ELEMENTS PENALTY

Parricide 1. That a person is killed. Penalty or reclusion perpetua to
2. That the deceased is death.
killed by the accused.
3. That the deceased is the
father, mother, or child,
whether legitimate or
illegitimate, or a
legitimate other
ascendant or other
descendant, or the
legitimate spouse, of the
accused.
ARTICLE 247
Death or physical injuries 1. That a legally married Any legally married person who,
inflicted under exceptional person or a parent having surprised his spouse in
circumstances surprises his spouse or the act of committing sexual
his daughter, the latter intercourse with another person,
under 18 years of age shall kill any of them or both of
and living with him, in them in the act or immediately

pg. 47
 the act of committing thereafter, or shall inflict upon
sexual intercourse with them any serious physical injury,
another person. shall suffer the penalty of
2. That he or she kills any destierro.
or both, of them or
inflicts upon any or both If he shall inflict upon them
of them any serious physical injuries of any other
physical injury in the act kind, he shall be exempt from
or immediately punishment.
thereafter.
3. That he has not
promoted or facilitated
the prostitution of his
wife or daughter, or that
he or she has not
consented to the
infidelity of the other
spouse.
ARTICLE 248
Murder 1. That a person is killed. Any person who, not falling
2. That the accused killed within the provisions of Article
him. 246, shall kill another, shall be
3. That the killing was guilty of murder and shall be
attended by any of the punished by reclusion perpetua
qualifying circumstances to death
mentioned in Article
248.
4. The killing is not
parricide or infanticide.
ARTICLE 249
Homicide 1. That a person was killed. Any person who, not falling
2. That the accused killed within the provisions of Article
him without any 246, shall kill another, without
justifying circumstance; the attendance of any of the
3. That the accused had the circumstances enumerated in
intention to kill, which is the next preceding article, shall
presumed; be deemed guilty of homicide
4. That the killing was not and be punished by reclusion
attended by any of the temporal.
qualifying circumstances
of murder, or by that of
parricide or infanticide.
ARTICLE 250
Penalty for frustrated parricide, The courts, in view of the facts of the case, may impose upon the
murder, or homicide person guilty of the frustrated crime or 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
provisions 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 such crimes.
ARTICLE 251
Death caused in a tumultuous 1. That there be several The penalty of prision
affray persons. correctional in its medium and
2. That they did not maximum periods shall be
compose groups imposed upon all those who
organized for the shall have used violence upon

pg. 48
 common purpose of
assaulting and attacking
each other reciprocally.
3. That these several
persons quarreled and
assaulted one another in
a confused and
tumultuous manner.
4. That someone was killed
in the course of the
affray.
5. That it cannot be
ascertained who actually
killed the deceased.
6. That the person or
persons who inflicted
serious physical injuries
or who used violence
can be identified.
ARTICLE 252
Physical injuries inflicted in a 1. That there is a
tumultuous affray tumultuous affray as
referred to in the
preceding article.
2. That a participant or
some participants
thereof suffer serious
physical injuries or
physical injuries of a less
serious nature only.
3. That the person
responsible therefor
cannot be identified.
4. That all those who
appear to have used
violence upon the
person of the offended
party are known.
ARTICLE 253
Giving assistance to suicide ACTS PUNISHABLE AS GIVING
ASSISTANCE TO SUICIDE
1. By assisting another to
commit suicide, whether
the suicide is
consummated or not.
2. By lending his assistance
to another to cmiit
suicide to the extent of
doing the killing himself.
ARTICLE 254
Discharge of firearms 1. That the offender
the person of the victim.
When in a tumultuous affray as
referred to in the preceding
article, only serious physical
injuries are inflicted upon the
participants therefor 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 arreto
mayor from five to fifteen days.
Any person who shall assist
another to commit suicide shall
suffer the penalty of prision
mayor, if such person lends 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.
Any person who shall shoot at
pg. 49
 discharges a firearm another with any firearm shall
against or at another suffer the penalty of prision
person. correctional in its minimum and
2. That the offender has no medium periods, unless the facts
intention to kill that of the case are such that the act
person. 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.
ARTICLE 255
Infanticide 1. That a child was killed. The penalty provided for
2. That the deceased child parricide in Article 246 and for
was less than three days murder in Article 248 shall be
(72hours) of age. imposed upon any person who
3. That the deceased killed shall kill any child less than three
the said child. 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 mayor 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
reclusion temporal. (As amended
by RA 7659)
ARTICLE 256
Intentional abortion WAYS OF COMMITTING 1. The penalty of reclusion
INTENTIONAL ABORTION temporal, if he shall use
any violence upon the
1. By using any violence person of the pregnant
upon the person of the woman.
pregnant woman. 2. The penalty of prision
2. By acting, but without mayor, if, without using
using violence, without violence, he shall act
the consent of the without the consent of
woman. (by the woman.
administering drugs or 3. The penalty of prision
beverages upon such correctional in its
pregnant woman medium and maximum
without her consent.) periods, of the woman
3. By acting (by shall have consented.
administering drugs or
beverages), with the
consent of the pregnant
woman.
ELEMENTS OF INTENTIONAL
ABORTION

a. That there is a pregnant

woman;
b. That violence is exerted,

pg. 50
 or drugs or beverages
administered, or that the
accused otherwise acts
upon such pregnant
woman;
c. That as a result of the
use of violence or drugs
or beverages upon her,
or nay other act of the
accused, the foetus dies,
either in the womb or
after having been
expelled therefrom;
d. That the abortion is
intentional.
ARTICLE 257
Unintentional abortion 1. That there is a pregnant The penalty of prision
woman. correctional in its minimum and
2. That violence is used medium periods shall be
upon such pregnant imposed upon any person who
woman without shall cause an abortion by
intending an abortion. violence, but unintentionally.
3. That the violence is
intentionally exerted.
4. That as a result if the
violence the foetus dies,
either in the womb or
after having been
expelled therefrom.
ARTICLE 258
Abortion practiced by the 1. That there is a pregnant The penalty of prision
woman herself or by her woman who has correctional in its medium and
parents suffered an abortion. maximum periods, shall be
2. That the abortion is imposed upon a woman who
intended. shall practice an abortion upon
3. That the abortion is herself or shall consent that any
caused by--- other person should do so.
a. The pregnant
woman herself; Any woman who shall commit
b. Any other person, this offense to conceal her
with her consent; or dishonor shall suffer the penalty
c. Any of her parents, of prision correctional in its
with her consent for minimum and medium periods.
the purpose of
concealing her If this crime be committed by the
dishonor. parents if 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
correctional in its medium and
maximum periods.
ARTICLE 259
Abortion practiced by a 1. That there is pregnant The penalties provided in Article
physician or midwife and woman who has 256 shall be imposed in their
dispensing of abortion suffered an abortion. maximum period, respectively,
2. That the abortion is upon any physician or midwife

pg. 51
 intended.
3. That the offender, who
must be a physician or
midwife, causes, or
assists in causing, the
abortion.
4. That said physician or
midwife takes advantage
of his or her scientific
knowledge or skill.
who, taking advantage of their
scientific knowledge or skill, shall
cause an abortion or assist in
causing the same.
Any physician who, without the
proper prescription from a
physician, shall dispense any
abortive shall suffer arresto
mayor and a fine not exceeding
1,000 pesos.

SECTION THREE- Duel

ARTICLE 260
Responsibility of participants in ACTS PUNISHED IN DUEL
a duel
1. By killing one’s adversary
in a duel.
2. By inflicting upon such
adversary physical
injuries.
3. By making a combat
although no physical
injuries have been
inflicted.
WHO ARE LIABLE IN A DUEL?
1. The person who killed or
inflicted physical injuries
upon his adversary, or
both combatants in any
other case, as principals.
2. The seconds, as
accomplices.
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.
The seconds shall in all events be
punished as accomplices.

ARTICLE 261
Challenging to a duel ACTS PUNISHED UNDER ARTICLE The penalty of prision
261: correctional in its minimum
period shall be imposed upon
1. By challenging another any person who shall challenge
to a duel. another, or incite another to give
2. By inciting another to or accept a challenge to a duel,
give or accept a or shall scoff at or decry another
challenge to a duel. publicly for having refused to
3. By scoffing at or decrying accept a challenge to fight a
another publicly for duel.
having refused to accept
a challenge to fight a
duel.

CHAPTER TWO--- Physical Injuries

ARTICLE 262 ELEMENTS PENALTY

Mutilation TWO KINDS OF MUTILATION The penalty of reclusion
temporal to reclusion perpetua

pg. 52
 1. By intentionally
mutilating another by
depriving him, either
totally or partially, of
some essential organ for
reproduction.
2. By intentionally making
other mutilation, that is,
by lopping or clipping off
any part of the body of
the offended party,
other than the essential
organ for reproduction,
to deprive him of that
part of his body.
ELEMENTS OF MUTILATION OF
THE FIRST KIND:
1. That there be a
castration, that is,
mutilation of organs
necessary for
generation, such as the
penis or ovarium.
2. That the mutilation is
caused purposely and
deliberately, that is, to
deprive the offended
party of some essential
organ for reproduction.
ARTICLE 263
Serious physical injuries HOW IS THE CRIME OF SERIOUS
PHYSICAL INJURIES
COMMITTED?
It is committed---
(1) By wounding;
(2) By beating; or
(3) By assaulting (art. 263);
or
(4) By administering
injurious substance. (art.
264)
WHAT ARE SERIOUS PHYSICAL
INJURIES?
They are:
1. When the injured person
becomes insane,
imbecile, impotent or
blind in consequence of
the physical injuries
inflicted.
2. When the injured person
(a) loses the use of
speech or the power to
hear or to smell, or loses
shall be imposed upon any
person who shall intentionally
mutilate another by depriving
him, either totally or partially, of
some essential organ for
reproduction.
Any other intentional mutilation
shell be punished by prision
mayor in its medium and
maximum periods.
1. The penalty of prision
mayor, if in consequence
of the physical inkuries
inflicted, the injured
person shall become
insane, imbecile,
impotent, or blind;
2. The penalty of prision
correctional 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 lost the use
of any such member, or
shall have become
incapacitated for the
work in which he was
therefore habitually
engaged.
pg. 53
 an eye, a hand, a foot,
an arm, or a leg, or (b)
loses the use of any such
member, or (c) becomes
incapacitated for the
work in which he was
theretofore habitually
engaged, in
consequences of the
physical injuries inflicted.
3. When the person injured
(a) become deformed, or
(b) loses any other
member of his body, or
(c) loses the use thereof,
or (d) becomes ill or
incapacitated for the
performance of the work
in which he was
habitually engaged for
more than 90 days, in
consequence of the
physical injuries inflicted.
4. When the injured person
becomes ill or
incapacitated for labor
for more than 30 days
(but must not be more
than 90 days)m, as a
result of the physical
injuries inflicted.
ARTICLE 264
Administering injurious 1. That the offender
substances or beverages inflicted upon another
any serious physical
injury.
3. The penalty of prision
correctional 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
threof, or shall have
been ill or incapacitated
for the performance of
the work in which he
was habitually engaged
for a period of more
than ninety days;
4. The penalty of arresto
mayor in its maximum
period to prision
correctional in its
minimum period, if the
physical injuries inflicted
shall have caused 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 correctional in its
maximum period to prision
mayor in its minimum period the
case covered by subdivision
number 3 by prision correctional
in its medium and maximum
periods and the case covered by
subdivision number 4 by prision
correctional in its minimum and
medium periods.
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
pg. 54

ARTICLE 265
Less serious physical injuries
2. That it was done by
knowingly administering
to him any injurious
substances or beverages
or by taking advantage
of his weakness of mind
or credulity.
3. That he had no intent to
kill.
Matters to be noted the crime
of less serious physical injuries.
1. That the offended party
is incapacitated for labor
for ten days or more
(but not more than 30
days), or needs medical
attendance for the same
period of time.
2. That the physical injuries
must not be those
described in the
preceding articles.
another any serious physical
injury, by knowingly
administering to him any
injurious substances or
beverages or by taking
advantage of his weakness of
mind or credulity.
Any person who shall inflict upon
another physical injuries not
described in the preceding
articles, but which shall
incapacitate the offended party
for labor for ten days or more, or
shall require medical attendance
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 insult
or offend 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 offender’s
parents, ascendants, guardians,
curators, teachers, or persons of
rank, or persons in authority,
shall be punished by prision
correctional 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 persons.
QUALIFIED LESS SERIOUS
PHYSICAL INJURIES.
(1) A fine not exceeding
P500, in addition to
arresto mayor, shall be
imposed for less serious
physical injuries when—
(a) There is a manifest
intent to insult or
offend the injured
pg. 55

ARTICLE 266
Slight physical injuries and THREE KINDS OF SLIGHT
maltreatment PHYSICAL INJURIES:
1. Physical injuries which
incapacitated the
offended party for labor
from one (1) to nine (9)
days, or required
medical attendance
during the same period.
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
any injury.
CHAPTER THREE--- Rape
ARTICLE 266-A
Rape, When and How ELEMENTS OF RAPE UNDER
Committed PARAGRAPH 1:
1. That the offender is a
man;
2. That the offender had
carnal knowledge of a
woman;
3. That such act is
person, or
(b) There are
circumstances
adding ignominy to
the offense.
(2) A higher penalty is
imposed when the
victim is either—
(a) The offender’s
parents, ascendants,
guardians, curators
or teachers; or
(b) Persons of rank or
persons in authority,
provided the crime is
not direct assault.
1. By arresto menor when
the offended party 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;
2. By arresto menor or a
fine not exceeding 200
pesos and censure when
the offender has caused
physical injuries which
do not prevent the
offended party from
engaging in his habitual
work nor require
medical attendance.
3. 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.
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
pg. 56
 accomplished under any
of the following
circumstances:
(a) by using force or
intimidation; or
(b) when the woman is
deprived of reason or
otherwise unconscious;
or
(c) by means of fraudulent
machination or grave
abuse of authority; or
(d) when the woman is
under 12 years of age or
demented.
ELEMENTS OF RAPE UNDER
PARAGRAPH 2:
1. That the offender
commits an act of sexual
assault;
2. That the act of sexual
assault is committed by
any of the following
means:
(a) By inserting his penis
into another person’s
mouth or anal orifice; or
(b) By inserting any
instrument or object into
the genital or anal orifice
of another person;
3. That the act of sexual
assault is accomplished
under any of the
following circumstances:
(a) By using force or
intimidation;
(b) When the woman is
deprived of reason or
otherwise unconscious;
or
(c) By means of fraudulent
machination or grave
abuse of authority; or
(d) When the woman is
under 12 years of age or
demented.
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
pg. 57
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

pg. 58
 temporal.

"When by reason or on the

occasion of the rape, the victim
has become insane, the penalty
shall be reclusion temporal.

"When the rape is attempted

and a homicide is committed by
reason or on the occasion
thereof, the penalty shall be
reclusion temporal to reclusion
perpetua.

"When by reason or on the

occasion ofthe rape, homicide is
committed, the penalty shall be
reclusion perpetua.

"Reclusion temporal shall be

imposed if the rape is committed
with any of the ten aggravating/
qualifying circumstances
mentioned in this article.
ARTICLE 266-C
Effect of pardon The subsequent valid marriage between the offended party shall
extinguish the criminal action or the penalty imposed.

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

pg. 59
 TITLE NINE – CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
CRIMES AGAINST LIBERTY
Crime Elements Penalty/ies
1. That the offender is a private
individual;
2. The he kidnaps or detains
another, or in any manner
deprives the latter of his liberty;
3. That the act of detention or
kidnapping must be illegal; Reclusion perpetua to death (Article 63;
4. That in the commission of the ISLAW not applicable)
offense, any of the following
circumstances is present; Maximum penalty (DEATH):
a) That the kidnapping or
Article 267. detention lasts for - If the kidnapping or detention was
Kidnapping and more than 3 days; committed for the purpose of
Serious Illegal b) That it is committed extorting ransom from the victim or
Detention simulating public any other person;
policy; - If the victim is killed or dies as a
c) That any serious consequence of the detention;
physical injuries are - If raped;
inflicted upon the - If subjected to torture or
person kidnapped or dehumanizing acts
detained or threats to
kill him are made; or
d) That the person
kidnapped or detained
is a minor, female, or a
public officer.

Reclusion temporal (12 years and 1 day to

20 years) No. 28 Table of Penalties
1. That the offender is a private
individual;
Prision Mayor in its minimum and
2. That he kidnaps or detains
medium periods (6 years and 1 day to 10
another, or in any manner
years) No. 23 Table of Penalties and a fine not
deprives him of his liberty;
Article 268. Slight exceeding Php 700.00
3. That the act of kidnapping or
Illegal Detention
detention is illegal;
- If the offender voluntarily release
4. That the crime is committed
the person kidnapped or detained
without the attendance of any
within 3 days from the
circumstances enumerated in
commencement of the detention
Article 267.
(before institution of criminal
proceedings against him)

1. That the offender arrests or

detains another person;
2. That the purpose of the offender
Arresto mayor (1 month and 1 day to 6
Article 269. is to deliver him to the proper
months) No. 1 Table of Penalties and a fine not
Unlawful Arrest authorities;
exceeding Php 500.00.
3. That the arrest or detention is
not authorized by law or there is
no reasonable ground therefor.
Kidnapping of Minors
Article 270. 1. That the offender is entrusted
Kidnapping and with the custody of a minor
failure to return a person (whether over or under 7
Reclusion perpetua (Article 63; ISLAW
minor years but less than 21 years of
not applicable)
age);
2. That he deliberately fails to
restore the said minor to his
parents or guardians.

pg. 60
 Crime Elements
1. That the minor is living in the
home of his parents or
Article 271. Inducing
guardians or the person
a minor to abandon his
entrusted with his custody;
home
2. That the offender induces said
minor to abandon such home.
Penalty/ies
Prision correccional (6 months and 1 day to
6 years) No. 10 Table of Penalties and a fine not
exceeding Php 700.00
Arresto mayor (1 month and 1 day to 6
months) No. 1 Table of Penalties or a fine not
exceeding Php 300.00, or both.
- If the person committing any of the
crimes covered by the two
preceding articles shall be the
father or the mother of the minor.

Slavery and Servitude

Prision mayor (6 years and 1 day to 12
years) No. 19 Table of Penalties and a fine not
1. That the offender purchases,
exceeding Php 10, 000.00
sells, kidnaps, or detains human
being;
Article 272. Slavery Maximum period:
2. That the purpose of the
- If the crime committed is for the
offender is to enslave such
purpose of assigning the offended
human being.
party to some immoral traffic.

Article 273. 1. That the offender retains a

Exploitation of child minor in his service;
labor 2. That it is against the will of the Prision correccional in its minimum and
minor; medium periods (6 months and 1 day to 4
3. That it is under the pretext of years and 2 months) No. 14 Table of Penalties
reimbursing himself of a debt and a fine not exceeding Php 500.00
incurred by an ascendant,
guardian or person entrusted
with the custody of such minor.
Article 274. Services 1. That the offender compels a
rendered under debtor to work for him, either
compulsion in as household servant or farm
Arresto mayor in its maximum period to
payment of debt labourer;
prision correctional in its minimum
2. That it is against the debtor’s
period (4 months and 1 day to 2 years and 4
will;
months) No. 8 Table of Penalties
3. That the purpose is to require
or enforce the payment of a
debt.
CRIMES AGAINST SECURITY
Abandonment of helpless persons and Exploitation of minors
Acts punished:

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
Article 275. without detriment to himself,
Abandonment of unless such omission shall
Arresto mayor (1 month and 1 day to 6
persons in danger and constitute a more serious offense.
months) No. 1 Table of Penalties
abandonment of one’s
own victim Elements:
a) The place is not inhabited;
b) The accused found there a person
wounded or in danger of dying;
c) The accused can render assistance
without detriment to himself;
d) The accused fails to render assistance.

2. By failing to help or render

pg. 61
 assistance to another whom the
offender has accidentally wounded
or injured.
3. By failing to deliver a child, under
seven years of age whom the
offender has found abandoned, to
the authorities or to his family, or
by failing to take him to a safe
place.
Arresto mayor (1 month and 1 day to 6
months) No. 1 Table of Penalties and a fine
not exceeding Php 500.00

Prision Correccional in its medium

and maximum periods (2 years, 4
1. That the offender has the custody months and 1 day to 6 years) No. 15 Table
of Penalties
of a child;
2. That the child is under 7 years of
Article 276. - When the death of a minor
age;
Abandoning a minor result from such abandonment
3. That he abandons such child;
4. That he has no intent to kill the
Prision correccional in its minimum
child when the latter is abandoned.
and medium periods (6 months and 1
day to 4 years and 2 months) No. 14 Table
of Penalties

- When the life of a minor have

been in danger only

Acts punished:

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. That the offender has charge of the

rearing or education of a minor;
b. That he delivers said minor to a
public institution or other persons;
Article 277.
c. That the one who entrusted such
Abandonment of Arresto mayor (1 month and 1 day to 6
child to the offender has not
minor by person months) No. 1 Table of Penalties and a fine
consented to such act; or if the one
entrusted with his not exceeding Php 500.00
who entrusted such child to the
custody; indifference
offender is absent, the proper
of parents
authorities have not consented to it.

2. By neglecting his (offender’s)

children by not giving the
education which their station in life
requires and financial condition
permits.

Elements:

a. That the offender is a parent;

b. That he neglects his children by not
giving them education,
c. That his station in life requires such
education and his financial
condition permits it.

pg. 62
 Crime Elements Penalty/ies
Acts punished:

a. By causing any boy or girl under

16 years of age to perform any
dangerous feat of balancing,
physical strength, or contortion,
the offender being any person;
b. By employing children under 16
years of age who are not the
children or descendants of the
offender in exhibitions of acrobat,
gymnast, rape-walker, diver, wild-
animal tamer, the offender being
an acrobat, etc. or circus manager Prision correccional in its minimum
or person engaged in similar and medium periods (6 months and 1
calling; day to 4 years and 2 months) No. 14 Table
c. By employing any descendant of Penalties and a Fine not exceeding
under 12 years of age in dangerous Php 500.00
exhibitions enumerated in the next
Article 278. preceding paragraph, the offender Circumstance qualifying the offense:
Exploitation of minors being engaged in any of the said
callings; If the delivery of the child to any person
d. By delivering the child under 16 following any of acrobat, gymnast, rape-
years of age gratuitously to any walker, diver, wild-animal tamer or
person following any of the circus manager in consideration of any
callings enumerated in paragraph 2 price, compensation or promise, the
or to any habitual vagrant or penalty is higher (maximum period)
beggar, the offender being an
ascendant, guardian, teacher or
person entrusted in any capacity
with the care of such child;
e. By inducing any child under 16
years of age to abandon the home
of its ascendants, guardian,
curators or teachers to follow any
person engaged in any of the
callings mentioned in paragraph 2
or to accompany any habitual
vagrant or beggar, the offender
being any person.
Article 279. Additional The imposition of the penalties prescribed in the preceding articles, shall not prevent
penalties for other the imposition upon the same person of the penalty provided for any other felonies
offenses defined and punished by this Code.
Section Two – Trespass to Dwelling

1. Offender is a private person;

2. He enters the dwelling of another;
3. Such entrance is against the
latter’s
Arresto mayor (1 month and 1 day to 6
will.
months) No. 1 Table of Penalties and a Fine
not exceeding Php 1,000.00
Cases when Article 280 does not apply:
1. When the purpose of the entrance
If committed by means of violence or
isto prevent serious harm to
Article 280. Qualified intimidation:
himself,the occupant or third
trespass to dwelling
persons;
Prision Correccional in its medium
and maximum periods (2 years, 4
2. When the purpose of the offender
months and 1 day to 6 years) No. 15 Table
in entering is to render some
of Penalties and a Fine not exceeding Php
service to humanity or justice;
1,000.00
3. Anyone who shall enter cafes,
taverns, inns and other public
houses while they are open.

pg. 63
 Crime Elements Penalty/ies
1. Offender enters the closed
premises or the fenced estate of
another;
2. The entrance is made while either
Article 281. Other of them is uninhabited; Arresto menor or a fine not exceeding
forms of trespass 3. The prohibition to enter be Php 200.00, or both
manifest;
4. The trespasser has not secured the
permission of the owner or the
caretaker thereof.
Section Three - Threats and Coercion
Acts punished:

1. Threatening another with the

infliction upon his person, honor or
property or that of this family of
any wrong amounting to a crime
and demanding money or imposing
any other condition, even though
not unlawful, and the offender
attained his purpose;

Elements:

a) That the offender threatens

another person with the
infliction upon the latter’s
person, honor, or property, or
upon that of the latter’s family, Penalty next lower in degree than that
of any wrong;
prescribed by law for the crime he
b) That such wrong amounts to a
crime; threatened to commit - if it falls under
c) That there is a demand for #1
money or that any other
condition is imposed, even Penalty lower by two degrees - if it
Article 282. Grave though not unlawful;
d) falls under #2
Threats That the offender attains his
purpose.
Arresto mayor (1 month and 1 day to 6
2. Making such threat without the months) No. 1 Table of Penalties and a Fine
offender attaining his purpose; not exceeding Php 500.00 – if it falls
under #3
3. Threatening another with the
infliction upon his person, honor or
property or that of his family of
any wrong amounting to a crime,
the threat not being subject to a
condition.

Elements:

a) That the offender threatens

another person with the
infliction upon the latter’s
person, honor, or property, or
upon that of the latter’s family,
of any wrong;
b) That such wrong amounts to a
crime;
c) That the threat is not subject to a
condition
1. Offender makes a threat to commit
a wrong;
2. The wrong does not constitute a
Article 283. Light Arresto mayor (1 month and 1 day to 6
crime;
Threats months) No. 1 Table of Penalties
3. There is a demand for money or
that other condition is imposed,
even though not unlawful;

pg. 64
 4. Offender has attained his purpose
or, that he has not attained his
purpose.

Crime Elements Penalty/ies

In all cases falling within the two next preceding articles, the person making threats
Article 284. Bond for may also be required to give bail not to molest the person threatened, or if he shall fail
good behavior to give such bail, he shall be sentenced to destierro (6 months and 1 day to 6 years)
No. 10 Table of Penalties
Acts punished:

1. Threatening another with a weapon,

or by drawing such weapon in a
quarrel, unless it be in lawful self-
defense;
Arresto menor in its minimum
Article 285. Other 2. Orally threatening another, in the
period (From 1 to 11 days) or a fine
Light Threats heat of anger, with some harm
not exceeding Php 200.00
constituting a crime, without
persisting in the idea involved in
his threat;
4. Orally threatening to do another
any harm not constituting a felony.

Acts punished:

1. Preventing another, by means of

violence, threats or intimidation,
from doing something not
prohibited by law;

2. Compelling another, by means of

violence, threats or intimidation, to
do something against his will,
whether it be right or wrong.
Prision Correccional (6 months and 1
day to 6 years) No. 10 Table of Penalties and
a fine not exceeding Php 6,000.00
Elements:
Prision Mayor (6 years and 1 day to 12
Article 286. Grave 1. A person prevented another from
years) No. 19 Table of Penalties – if the
Coercions doing something not prohibited by
coercion committed is in violation of
law, or that he compelled him to do
the exercise of suffrage or for the
something against his will; be it
purpose of compelling another to
right or wrong;
perform any religious act or prevent
him from exercising such right
2. The prevention or compulsion be
effected by violence, threats or
intimidation; and

3. The person that restrained the will

and liberty of another had not the
authority of law or 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.

1. Offender must be a creditor; Arresto Mayor in its minimum

Article 287. Light period (1 month and 1 day to 2
2. He seizes anything belonging to his
Coercions months) No. 2 Table of Penalties
debtor;
3. The seizure of the thing be
2nd paragraph – Unjust Arresto Menor or a fine ranging from
accomplished by means of violence Php 5.00 to 200.00, or both – if unjust
Vexation
or a display of material force vexation or any other coercion
producing intimidation;

pg. 65
 4. The purpose of the offender is to
apply the same to the payment of
the debt.

Crime Elements Penalty/ies

Acts punished:

1. Forcing or compelling, directly or

indirectly, or knowingly permitting
the forcing or compelling of the
labourer or employee of the
offender to purchase merchandise
of commodities of any kind from
him;

Elements:

a) Offender is any person, agent or

officer of any association or
corporation;

b) He or such firm or corporation has

employed laborers or employees;

c) He forces or compels, directly or

Article 288. Other indirectly, or knowingly permits to
Similar Coercions be forced or compelled, any of his
Arresto mayor (1 month and 1 day to
(Compulsory purchase or its laborers or employees to
purchase merchandise or 6 months) No. 1 Table of Penalties and a
of merchandise and
commodities of any kind from him fine ranging from Php 200.00 to
payment of wages by or from said firm or corporation. 500.00, or both
means of tokens)
2. Paying the wages due his laborer or
employee by means of tokens or
object other than the legal tender
currency of the Philippines, unless
expressly requested by such
labourer or employee.

Elements:

a) Offender pays the wages due a

laborer or employee employed by
him by means of tokens or object;

b) Those tokens or objects are other

than the legal tender currency of
the Philippines;

c) Such employee or laborer does not

expressly request that he be paid
by means of tokens or objects.

1. Offender employs violence or

threats, in such a degree as to
Article 289.
compel or force the laborers or
Formations,
employers in the free and legal
maintenance and Arresto mayor (1 month and 1 day to
exercise of their industry or work;
prohibition of 6 months) No. 1 Table of Penalties and a
combination of capital fine not exceeding Php 300.00
2. The purpose is to organize,
or labor through
maintain or prevent coalitions of
violence or threats
capital or labor, strike of laborers
or lockout of employers.

pg. 66
 DISCOVERY AND REVELATION OF SECRETS
1. Offender is a private individual or
even a public officer not in the
Prision correccional in its minimum
exercise of his official function;
and medium periods (6 months and 1
day to 4 years and 2 months) No. 14 Table
2. He seizes the papers or letters of
Article 290. of Penalties and a Fine not exceeding
another;
Discovering secrets Php 500.00
through seizure of
3. The purpose is to discover the
correspondence Arresto mayor (1 month and 1 day to
secrets of such another person;
6 months) No. 1 Table of Penalties and a
fine not exceeding Php 500.00 – if the
4. Offender is informed of the
offender shall not reveal such secrets
contents of the papers or letters
seized.

Crime Elements Penalty/ies

1. Offender is a manager, employee or
servant;
Article 291. Revealing Arresto mayor (1 month and 1 day to
2. He learns the secrets of his
secrets with abuse of 6 months) No. 1 Table of Penalties and a
principal or master in such
office fine not exceeding Php 500.00
capacity;

3. He reveals such secrets.

1. Offender is a person in charge,
employee or workman of a
manufacturing or industrial
establishment;

2. The manufacturing or industrial Arresto mayor (1 month and 1 day to

Article 292. Revelation
establishment has a secret of the 6 months) No. 1 Table of Penalties and a
of industrial secrets
industry which the offender has fine not exceeding Php 500.00
learned;

3. Offender reveals such secrets;

4. Prejudice is caused to the owner

pg. 67
 TITLE TEN – CRIMES AGAINST PROPERTY
ROBBERY IN GENERAL
Crime Elements Penalty/ies
1. There is personal property belonging
to another;

2. There is unlawful taking of that

property;
Article 293. Who are
guilty of robbery 3. The taking must be with intent to
gain; and

4. There is violence against or

intimidation of any person, or force
upon anything.
Robbery with violence against or intimidation of persons
Acts punished:

1. When by reason or on occasion of the

robbery (taking of personal property
belonging to another with intent to gain),
the crime of homicide is committed;
2. When the robbery is accompanied by
rape or intentional mutilation or arson;
3. When by reason of on occasion of such
robbery, any of the physical injuries
resulting in insanity, imbecility,
impotency or blindness is inflicted;
4. When by reason or on occasion of
robbery, any of the physical injuries
resulting in the loss of the use of speech
or the power to hear or to smell, or the
loss of an eye, a hand, a foot, an arm, or
a leg or the loss of the use of any such
member or incapacity for the work in
which the injured person is theretofore
habitually engaged is inflicted;
Article 294. Robbery
with violence against 5. If the violence or intimidation employed
or intimidation of in the commission of the robbery is
persons carried to a degree unnecessary for the
commission of the crime;
6. When in the course of its execution, the
offender shall have inflicted upon any
person not responsible for the
commission of the robbery any of the
physical injuries in consequence of
which the person injured becomes
deformed or loses any other member of
his body or loses the sue thereof or
becomes ill or incapacitated for the
performance of the work in which he is
habitually engaged for more than 90 days
or the person injured becomes ill or
incapacitated for labor for more than 30
days;
Reclusion perpetua to death (ISLAW
not applicable) No. 37 Table of Penalties – if
accompanied by rape or intentional
mutilation or arson
Reclusion temporal in its medium
period to reclusion perpetua (14
years, 8 months and 1 day to reclusion
perpetua) No. 33 Table of Penalties – if any
of the physical injuries penalized under
subdivision 1 of Art. 263 have been
inflicted
Reclusion temporal (12 years and 1
day to 20 years) No. 28 Table of Penalties -
if any of the physical injuries penalized
under subdivision 2 of the article
mentioned in the next preceding
paragraph have been inflicted
Prision Mayor in its maximum
period to reclusion temporal in its
medium period (10 years and 1 day to
17 years and 4 months) No. 27 Table of
Penalties – if any of the physical injuries
covered by subdivisions 3 and 4 of Art.
263 have been inflicted or carried to a
degree clearly unnecessary for the
commission of the crime
Prision correccional in its maximum
period to prision mayor in its
medium period (4 years, 2 months and
1 day to 10 years) No. 18 Table of Penalties
– other cases

7. If the violence employed by the offender

does not cause any of the serious
physical injuries defined in Article 263,
or if the offender employs intimidation
only.

pg. 68
 Crime Elements Penalty/ies
Robbery with violence against or intimidation
of person is qualified if it is committed:

1. In an uninhabited place;
2. By a band;
Article 295. Robbery
3. By attacking a moving train, street
with physical injuries,
car, motor vehicle, or airship;
committed in an The offender shall be punished by the
4. By entering the passengers’
uninhabited place and maximum periods of the proper
compartments in a train, or in any
by a band, or with the penalties prescribed in Article 294
manner taking the passengers thereof
use of firearm on a
by surprise in the respective
street, road or alley
conveyances; or
5. On a street, road, highway or alley,
and the intimidation is made with the
use of firearms.

Requisites for liability for the acts of the Maximum period of the
members of the band: corresponding penalty prescribed by
law – if in the commission of the
Article 296. 1. He was a member of the band; offense, unlicensed firearm is used.
Definition of a band 2. He was present at the commission of (without prejudice to the criminal
and penalty incurred a robbery by that band; liability for illegal possession of
by the members 3. The other members of the band unlicensed firearm)
thereof committed an assault;
4. He did not attempt to prevent the Shall be punished as principal – if the
assault. members of the band are present at the
commission of the robbery by a band
Article 297.
Reclusion temporal in its maximum
Attempted and
period to reclusion perpetua (17
frustrated robbery
years 4 months and 1 day to reclusion
committed under
perpetua) No. 34 Table of Penalties
certain circumstances
1. Offender has intent to defraud
another;
Article 298. 2. Offender compels him to sign,
Execution of deeds
execute, or deliver any public
by means of violence
instrument or document.
or intimidation
3. The compulsion is by means of
violence or intimidation.
Robbery by the use of force upon things
Subdivision (a): Reclusion temporal ((12 years and 1
1. Offender entered an inhabited house, day to 20 years) No. 28 Table of Penalties –
public building; if ARMED and the value of the
2. The entrance was effected by any of property taken exceeds Php 250.00 and
the following means: if committed as specified in subdivision
a) Through an opening not (a)
intended for entrance or
egress; Prision Mayor (6 years and 1 day to
b) By breaking any wall, roof 12 years) No. 19 Table of Penalties – if
or floor, or breaking any UNARMED and the value of the
door or window; property taken exceeds Php 250.00
Article 299. Robbery c) By using false keys,
in an inhabited house picklocks or similar tools; Prision Mayor ( 6 years and 1 day to
or public building or or 12 years) No. 19 Table of Penalties – if
edifice devoted to d) By using any fictitious ARMED and the value of the property
worship name or pretending the taken does not exceeds Php 250.00
exercise of public authority.
3. Once inside the building, offender Prision Mayor in its minimum period
took personal property belonging to (6 years and 1 day to 8 years) No. 20
another with intent to gain. Table of Penalties – if UNARMED and the
value of the property taken does not
Subdivision (b): exceeds Php 250.00

1. Offender is inside a dwelling house, Penalty next lower in degree than

public building, or edifice devoted to those specified above - if committed
religious worship, regardless of the in a dependency of inhabited house,
circumstances under which he public building or edifice devoted to

pg. 69
 entered it; religious worship

2. Offender takes personal property

belonging to another, with intent to
gain, under any of the following
circumstances:

a) By the breaking of doors,

wardrobes, chests, or any
other kind of locked or
sealed furniture or
receptacle; or

b) By taking such furniture or

objects away to be broken
or forced open outside the
place of the robbery.

Article 300. Robbery

The two qualifications (uninhabited place and Maximum period of the penalty
in an uninhabited
by a band) must concur provided
place and by a band
Inhabited house – Any shelter, ship, or vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof shall temporarily be absent therefrom when
the robbery is committed.

Article 301. What is Public building – Includes every building owned by the government or belonging to a
an inhabited house, private person but used or rented by the government, although temporarily unoccupied
public building, or by the same.
building dedicated to
religious worship and Dependencies of an inhabited house, public building, or building dedicated to
their dependencies religious worship – All interior courts, corrals, warehouses, granaries, barns, coach
houses, stables, or other departments, or enclosed interior entrance connected therewith
and which form part of the whole. Orchards and other lands used for cultivation or
production are not included, even if closed, contiguous to the building, and having direct
connection therewith.
1. Offender entered an uninhabited
place or a building which was not a
dwelling house, not a public
building, or not an edifice devoted to
religious worship;

2. Any of the following circumstances Prision Correccional in its medium

was present:
Article 302. Robbery
in an uninhabited
place or in a private
building
a) The entrance was effected
through an opening not
intended for entrance or
egress;
b) A wall, roof, floor, or
outside door or window was
broken;
c) The entrance was effected
through the use of false
keys, picklocks or other
similar tools;
d) A door, wardrobe, chest, or
any sealed or closed
furniture or receptacle was
broken; or
e) A closed or sealed
receptacle was removed,
even if the same be broken
open elsewhere.
and maximum periods (2 years, 4
months and 1 day to 6 years) No. 15 Table
of Penalties - if the value of the property
taken exceeds Php 250.00 provided that
any of the circumstances in Article 302
is present
Arresto mayor in its maximum
period to prision correctional in its
minimum period (4 months and 1 day
to 2 years and 4 months) No. 8 Table of
Penalties - if the value of the property
taken does not exceeds Php 250.00
Penalty next higher in degree (in
cases specified in Articles 294, 295,
297, 299, 300 and 302) – if the property
taken is a mail matter or large cattle

3. Offender took therefrom personal

property belonging to another with
intent to gain.

pg. 70
 Crime Elements Penalty/ies
Article 303. Robbery
of cereals, fruits, or
If the robbery under Article 299 and 302 consists in the taking of cereals, fruits, or
firewood in an
firewood, the penalty imposable is lower.
uninhabited place or
private building
Prision Correccional in its medium
and maximum periods (2 years, 4
1. Offender has in his possession months and 1 day to 6 years) No. 15 Table
picklocks or similar tools; of Penalties - if the offender is a
locksmith
Article 304.
2. Such picklock or similar tools are
Possession of
especially adopted to the Arresto mayor in its maximum
picklocks or similar
commission of robbery; period to prision correctional in its
tools
minimum period (4 months and 1 day
3. Offender does not have lawful cause to 2 years and 4 months) No. 8 Table of
for such possession. Penalties – if the offender is a mere
possessor

It includes:

1. Tools mentioned in Article 304;

Article 305. False 2. Genuine keys stolen from the owner;
Keys 3. Any key other than those intended
by the owner for use in the lock
forcibly opened by the offender.

BRIGANDAGE
1. There are least four armed persons;
2. They formed a band of robbers; Prision Mayor in its medium period
3. The purpose is any of the following: to reclusion temporal in its minimum
a) To commit robbery in the period (8 years and 1 day to 14 years
highway; and 8 months) No. 25 Table of Penalties - if
Article 306. Who are
b) To kidnap persons for the the acts committed are not punishable
brigands
purpose of extortion or to by higher penalties
obtain ransom; or
c) To attain by means of force Maximum period - if any of the arms
and violence any other carried be an unlicensed firearm
purpose.
1. There is a band of brigands;
2. Offender knows the band to be of
brigands;
3. Offender does any of the following
acts:
a) He in any manner aids,
abets or protects such band Prision Correccional in its medium
Article 307. Aiding period to prision mayor in its
of brigands;
and abetting a band of minimum period (2 years, 4 months
b) He gives them information
brigands and 1 day to 8 years) No. 16 Table of
of the movements of the
Penalties
police or other peace
officers of the government;
or
c) He acquires or receives the
property taken by such
brigands.
THEFT
Persons Liable: There is no crime of Frustrated Theft

1. Those who with intent to gain, but Theft is not a continuing offense
without violence against or
Fencing under Presidential Decree No. 1612 is a
intimidation of persons nor force distinct crime from theft and robbery. If the
Article 308. Who are upon things, take personal property participant who profited is being prosecuted with
liable for theft of another without the latter’s person who robbed, the person is prosecuted as
consent; an accessory. If he is being prosecuted separately,
the person who partook of the proceeds is liable
2. Those who having found lost for fencing.
property, fails to deliver the same to
the local authorities or to its owner; Elements:
3. Those who, after having maliciously

pg. 71
 damaged the property of another,
remove or make use of the fruits or
objects of the damage caused by
them;
4. Those who enter an enclosed estate
or a field where trespass is forbidden
or which belongs to another and,
without the consent of its owner,
hunt or fish upon the same or gather
fruits, cereals or other forest or farm
products.
Elements of Theft:
1. There is taking of personal property;
2. The property taken belongs to
another;
3. The taking was done with intent to
gain;
4. The taking was done without the
consent of the owner;
5. The taking is accomplished without
the use of violence against or
intimidation of persons of force upon
things.
Elements (Par. 3, Art. 308)
1. That there is an enclosed estate or a
field where trespass is forbidden or
which belongs to another;
2. That the offender enters the same;
3. That the offender hunts or fishes
upon the same or gathers fruits,
cereals or other forest or farm
products in the estate or field
4. That the hunting or fishing or
gathering of products is without the
consent of the owner
1. The crime of robbery or theft has been
committed;
2. The accused, who is not a principal or
accomplice in the commission of the
crime of robbery or theft, buys,
receives, possesses, keeps, acquires,
conceals, sells or disposes, or buys
and sells, or in any manner deals in
any article, item, object or anything of
value, which has been derived from
the proceeds of the said crime;
3. The accused knows or should have
known that the said article, item or
object or anything of value has been
derived from the proceeds of the
crime of robbery or theft;
4. There is, on the part of the accused,
intent to gain from himself or another.
The crime of cattle-rustling is defined and
punished under Presidential Decree No. 533, the
Anti-Cattle Rustling law of 1974, as the taking by
any means, method or scheme, of any large cattle,
with or without intent to gain and whether
committed with or without violence against or
intimidation of person or force upon things, so
long as the taking is without the consent of the
owner/breed thereof. The crime includes the
killing or taking the meat or hide of large cattle
without the consent of the owner.
The Presidential Decree, however, does not
supersede the crime of qualified theft of large
cattle under Article 310 of the Revised Penal
Code, but merely modified the penalties provided
for theft of large cattle and, to that extent,
amended Articles 309 and 310. Note that the
overt act that gives rise to the crime of cattle-
rustling is the taking or killing of large cattle.
Where the large cattle was not taken, but received
by the offender from the owner/overseer thereof,
the crime is not cattle-rustling; it is qualified theft
of large cattle.
How to prove theft (Par.1 Art 308)
1. The time of the seizure of the thing
2. That it was lost property belonging to
another
3. That the accused having had the
opportunity to return or deliver the
lost property to its owner or to the
local authorities, refrained from doing
so.

See also:
Presidential Decree No. 534
Presidential Decree No. 581

Prision Mayor in its minimum and medium periods (6 years and 1 day to 10 years) No. 23 Table of
Penalties - if the value of the thing stolen is more than Php 12,000.00 but does not exceed 22,000.00; if it
exceeds Php 22,000.00, the penalty imposed is the maximum period and one year of each additional ten
thousand pesos but the total penalty shall not exceed twenty (20) years

Prision Correccional in its medium and maximum periods (2 years, 4 months and 1 day to 6 years) No. 15
Table of Penalties – if the value of the property stolen is more than Php 6,000.00 but does not exceed
12,000.00

Prision correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months)
No. 14 Table of Penalties – if the value of the property stolen is more than Php 200.00 but does not exceed
6,000.00

Article 309. Penalties Arresto Mayor in its medium to prision correccional in its minimum period (2 months and 1 day to 2
years and 4 months) No. 7 Table of Penalties - if the value of the property stolen is over Php 50.00 but does
not exceed 200.00

Arresto mayor (1 month and 1 day to 6 months) No. 1 Table of Penalties - if the value of the property stolen
is over Php 5.00 but does not exceed 50.00

Arresto Mayor in its minimum and medium periods (1 month and 1 day to 4 months) No. 5 Table of
Penalties - if the value of the property stolen does not exceed Php 5.00

Arresto menor or a fine not exceeding Php 200.00 - if the theft is committed under the ccircumstances
enumerated under par. 3 of the next preceding article and the value of the property stolen does not exceed Php
5.00; if such value exceeds Php 5.00, the provisions of any of the five preceding subdivision shall be made
applicable

pg. 72
 Arresto menor in its minimum period (From 1 day to 10 days) or a fine not exceeding Php 50.00 – if the
value of the property stolen is not over Php 5.00 and the offender have acted under the impulse of hunger,
poverty or difficulty of earning a livelihood for the support of himself or his family

Crime Elements Penalty/ies

Theft is qualified if:

1. Committed by a domestic servant;

2. Committed with grave abuse of
confidence; Penalty is next higher by two degrees
3. The property stolen is a motor than those respectively specified in
vehicle, mail matter, or large cattle; the next preceding article
4. The property stolen consists of
Article 310.
coconuts taken from the premises of
Qualified Theft
a plantation; See also:
5. The property stolen is fish taken
from a fishpond or fishery; or R.A. No. 10883
6. If property is taken on the occasion Presidential Decree No. 330
of fire, earthquake, typhoon,
volcanic eruption, or any other
calamity, vehicular accident, or civil
disturbance.
Arresto mayor (1 month and 1 day to
If the property stolen is any property of the 6 months) No. 1 Table of Penalties and a
Article 311. Theft of
National Library or of the National Museum; fine ranging from Php 200.00 to
the property of the
but if the crime is committed with grave 500.00, or both, unless a higher penalty
National Library and
abuse of confidence the penalty for qualified should be provided under other
National Museum
theft shall be imposed. provisions of this Code

USURPATION
Acts punished:

1. Taking possession of any real

property belonging to another by
means of violence against or
intimidation of persons;
In addition to the penalty incurred for
2. Usurping any real rights in property the act of violence, a fine of from 50 to
belonging to another by means of 100 per centum for the gain which he
violence against or intimidation of shall have obtained but not less than
Article 312. persons. Php 75.00
Occupation of Real
Property or If the value of the gain cannot be
Usurpation of real Elements: ascertained, a fine from Php 200.00 to
rights in property 500.00 shall be imposed.
1. Offender takes possession of any real
property or usurps any real rights in See also:
property;
2. The real property or real rights RA No. 947
belong to another;
3. Violence against or intimidation of
persons is used by the offender in
occupying real property or usurping
real rights in property;
4. There is intent to gain.
1. There are boundary marks or
monuments of towns, provinces, or
Article 313. Altering estates, or any other marks intended
Arresto menor or a fine not
boundaries or to designate the boundaries of the
exceeding Php 100.00, or both
landmarks same;

2. Offender alters said boundary marks.

CULPABLE INSOLVENCY
Article 314. 1. Offender is a debtor, that is, he has Prision mayor (6 years and 1 day to 12

pg. 73
Fraudulent Insolvency obligations due and payable; years) No. 19 Table of Penalties - if he be a
2. He absconds with his property; merchant
3. There is prejudice to his creditors.
Prision correccional in its maximum
period to prision mayor in its
medium period (4 years, 2 months and
1 day to 10 years) No. 18 Table of Penalties
– if he be not a merchant

Crime Elements Penalty/ies

SWINDLING AND OTHER DECEITS
Elements in general:

1. Accused defrauded another by abuse of

confidence or by means of deceit; and

- This covers the three different ways of

committing estafa under Article 315; thus,
estafa is committed –

a. With unfaithfulness or abuse of

confidence;
b. By means of false pretenses or
Prision correccional in its maximum
fraudulents acts; or period to prision mayor in its
c. Through fraudulent means. minimum period (4 years, 2 months
(The first form under subdivision 1 and 1 day to 8 years) No. 17 Table of
is known as estafa with abuse of
Penalties - if the amount of fraud is over
confidence; and the second and
third forms under subdivisions 2 Php 12,000.00 but does not exceed
and 3 cover estafa by means of 22,000.00; if such amount exceeds Php
deceit.) 22,000.00 the penalty shall be in its
maximum period adding one year for
2. Damage or prejudice capable of pecuniary
estimation is caused to the offended party or each additional 10,000 but the total
third person. penalty shall not exceed twenty years
Elements of estafa with unfaithfulness of abuse of
confidence under Article 315 (1)
Prision correccional in its minimum
and medium periods (6 months and 1
Under paragraph (a) day to 4 years and 2 months) No. 14 Table
1. Offender has an onerous obligation to deliver of Penalties- if the amount of fraud is
something of value;
over Php 6,000.00 but does not exceed
2. He alters its substance, quantity, or quality;
3. Damage or prejudice is caused to another. 12,000.00
Article 315.
Swindling (Estafa) Under paragraph (b) Arresto mayor in its maximum
1. Money, goods, or other personal property is
received by the offender is trust, or on
period to prision correctional in its
commission, or for administration, or under minimum period (4 months and 1 day
any other obligation involving the duty to to 2 years and 4 months) No. 8 Table of
make delivery of, or to return, the same; Penalties - if the amount of fraud is over
2. There is misappropriation or conversion of
Php 200.00 but does not exceed
such money or his part of such receipt;
3. Such misappropriation or conversion or denial 6,000.00
is to the prejudice of another; and
4. There is a demand made by the offended party Arresto Mayor in its medium and
to the offender. (The fourth element is not
maximum periods (2 months an d 1
necessary when there is evidence of
misappropriation of the goods by the day to 6 months) No. 6 Table of Penalties -
defendant). if the amount of fraud does not exceed
Php 200.00
Under paragraph (c)
1. The paper with the signature of the offended
party is in blank;
2. Offended party delivered it to the offender; See also:
3. Above the signature of the offended party, a
document is written by the offender without Presidential Decree No. 115
authority to do so; BP Blg. No. 22
4. The document so written creates a liability of,
or causes damage to, the offended party or any
third person.

Elements of estafa by means of false pretenses or

fraudulent acts under Article 315 (2)

Acts punished under paragraph (a)

1. Using fictitious name;
2. Falsely pretending to possess power,

pg. 74
 influence, qualifications, property, credit,
agency, business or imaginary transactions; or
3. By means of other similar deceits.

Under paragraph (b)

Altering the quality, fineness, or weight of anything

pertaining to his art or business.

Under paragraph (c)

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.

Under paragraph (d)

1. Offender post-dated a check, or issued a check
in payment of an obligation;
2. Such postdating or issuing a check was done
when the offender had no funds in the bank, or
his funds deposited therein were not sufficient
to cover the amount of the check.

Note that this only applies if –

(1) The obligation is not pre-existing;
(2) The check is drawn to enter into an obligation;
(Remember that it is the check that is supposed to be the
sole consideration for the other party to have entered into
the obligation).

Acts punished under paragraph (e)

1. Obtaining food, refreshment, or
accommodation at a hotel, inn, restaurant,
boarding house, lodging house, or apartment
house without paying therefor with intent to
defraud the proprietor or manager.
2. Obtaining credit at any of the establishments
using false pretense
3. Abandoning or surreptitiously removing any
part of his baggage in the establishment after
obtaining credit, food, refreshment,
accommodation without paying.

Estafa through any of the following fraudulent means

under Article 315 (3)

Under paragraph (a)

1. Offender induced the offended party to sign a
document;
2. Deceit was employed to make him sign the
document;
3. Offended party personally signed the
document;
4. Prejudice was caused.

Under paragraph (b)

Resorting to some fraudulent practice to insure success in
a gambling game;

Under paragraph (c)

1. Offender removed, concealed or destroyed;
2. Any court record, office files, documents or
any other papers;
3. With intent to defraud another.
Under paragraph 1 – By conveying, selling,
encumbering, or mortgaging any real property,
pretending to be the owner of the same

Elements
1. There is an immovable, such as a parcel of
land or a building; Arresto Mayor in its minimum and
2. Offender who is not the owner represents medium periods (1 month and 1 day to
himself as the owner thereof;
Article 316. Other 4 months) No. 5 Table of Penalties and a
3. Offender executes an act of ownership such as
forms of swindling selling, leasing, encumbering or mortgaging fine not less than the value of the
the real property; damage caused and not more than three
4. The act is made to the prejudice to the owner times such value
or a third person.

Under paragraph 2 – by disposing of real property as

free from encumbrance, although such encumbrance
be not recorded

pg. 75
 Elements
1. The thing disposed is a real property:
2. Offender knew that the real property was
encumbered, whether the encumbrance is
recorded or not;
3. There must be express representation by
offender that the real property is free from
encumbrance;
4. The act of disposing of the real property is
made to the damage of another.

Under paragraph 3 – by wrongfully taking by the

owner of his personal property from its lawful
possessor

Elements
1. Offender is the owner of personal property;
2. Said personal property is in the lawful
possession of another;
3. Offender wrongfully takes it from its lawful
possessor;
4. Prejudice is thereby caused to the possessor or
third person.

Under paragraph 4 – by executing any fictitious

contract to the prejudice of another

Under paragraph 5 – by accepting any compensation

for services not rendered or for labor not performed

Under paragraph 6 – by selling, mortgaging or

encumbering real property or properties with which
the offender guaranteed the fulfilment of his
obligation as surety

Elements
1. Offender is a surety in a bond given in a
criminal or civil action;
2. He guaranteed the fulfilment of such
obligation with his real property or properties;
3. He sells, mortgages, or in any manner
encumbers said real property;
4. Such sale, mortgage or encumbrance is
without express authority from the court, or
made before the cancellation of his bond, or
before being relieved from the obligation
contracted by him.
1. Offender takes advantage of the
inexperience or emotions or feelings
of a minor;
2. He induces such minor to assume an
Arresto mayor (1 month and 1 day to
obligation or to give release or to
6 months) No. 1 Table of Penalties and a
Article 317. execute a transfer of any property
fine of a sum ranging from 10 to 50
Swindling a minor right;
percent of the value of the obligation
3. The consideration is some loan of
contracted by the minor
money, credit or other personal
property;
4. The transaction is to the detriment of
such minor
Arresto mayor (1 month and 1 day to
6 months) No. 1 Table of Penalties and a
Acts punished:
fine of not less than the amount of the
damaged caused and not more than
1. Defrauding or damaging another by
twice such amount – shall be imposed
any other deceit not mentioned in the
upon any person who shall defraud or
Article 318. Other preceding articles;
damage another by any other deceit
deceits 2. Interpreting dreams, by making
forecasts, by telling fortunes, or by
Arresto menor or a fine not
taking advantage or the credulity of
exceeding Php 200.00 - if any person
the public in any other similar
who, for profit or gain, shall interpret
manner, for profit or gain.
dreams, make forecasts, or take
advantage of the credulity of the public
CHATTEL MORTGAGE
Acts punished:
Arresto mayor (1 month and 1 day to 6
Article 319. Removal, 1. Knowingly removing any personal
months) No. 1 Table of Penalties and a fine
sale or pledge of property mortgaged under the Chattel
amounting to twice the value of the
mortgaged property Mortgage law to any province or city
property
other than the one in which it was

pg. 76
 located at the time of execution of the
mortgage, without the written consent of
the mortgagee or his executors,
administrators or assigns;

Elements:
a. Personal property is mortgaged
under the Chattel Mortgage Law;
b. Offender knows that such property
is so mortgaged;
c. Offender removes such mortgaged
personal property to any province
or city other than the one in which
it was located at the time of the
execution of the mortgage;
d. The removal is permanent;
e. There is no written consent of the
mortgagee or his executors,
administrators or assigns to such
removal.

2. Selling or pledging personal property

already pledged, or any part thereof,
under the terms of the Chattel Mortgage
Law, without the consent of the
mortgagee written on the back of the
mortgage and noted on the record thereof
in the office of the register of deeds of
the province where such property is
located.

Elements:
a. Personal property is already
pledged under the terms of the
Chattel Mortgage Law;
b. Offender, who is the mortgagor of
such property, sells or pledges the
same or any part thereof;
c. There is no consent of the
mortgagee written on the back of
the mortgage and noted on the
record thereof in the office of the
register of deeds.
ARSON AND OTHER CRIMES INVOLVING DESTRUCTION
(PD 1613 repealed Articles 320 to 326-B)
Kinds of arson
1. Simple Arson / Arson, under Section 1 of Presidential Decree No. 1613;
2. Destructive arson, under Article 320 of the Revised Penal Code, as amended by Republic Act No. 7659;
3. Other cases of arson, under Section 3 of Presidential Decree No. 1613.
Arson, under Section 1 of Presidential Decree No. 1613
- When a person sets fire to his own property under the circumstances which
expose to danger the life or property of another
Prision mayor (6 years and 1 day to 12
Destructive arson, under Article 320 of the Revised Penal Code, as amended by years) No. 19 Table of Penalties – if the
Republic Act No. 7659 crime committed is simple arson
If the property burned is any of the following:
1. Any ammunition factory and other establishment where explosives,
Reclusion temporal in its maximum
inflammable or combustible materials are stored period to reclusion perpetua (17
2. Any archive, museum, whether public or private, or any edifice devoted to years 4 months and 1 day to reclusion
culture, education or social services perpetua) No. 34 Table of Penalties - if
3. Any church or place of worship or other building where people usually
assemble
destructive arson
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for
transportation of persons or property Reclusion temporal to reclusion
5. Any building where the evidence is kept for use in any legislative, judicial, perpetua (12 years and 1 day to
administrative or other official proceeding reclusion perpetua) No. 32 Table of
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping Penalties
center, public or private market, theatre or movie house or any similar place
or building
7. Any building, whether used as a dwelling or not, situated in a populated or
Reclusion perpetua to death (ISLAW
congested area not applicable) No. 37 Table of Penalties – if
death results by reason of or on
Other cases of arson, under Section 3 of Presidential Decree No. 1613 occasion of arson
If the property burned is any of the following:
1. Any building used as offices of the government or any of its agencies Prision Mayor in its minimum period
2. Any inhabited house or dwelling (6 years and 1 day to 8 years) No. 20
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or Table of Penalties – if there is conspiracy
tunnel
4. Any plantation, farm, pasture land, growing crop, grain field, orchard,
to commit arson
bamboo grove or forest
5. Any rice mill, sugar mill, cane mill, or mill central

pg. 77
 6. Any railway or bus station, airport, wharf or warehouse

Special Aggravating Circumstances in Arson: (penalty imposed at maximum period)

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 (if planned or carried out by a group of 3 or
more persons)

See Section 6 of PD 1613 for prima facie evidence of arson

MALICIOUS MISCHIEF
1. Offender deliberately caused damage to the property of another;
Article 327. Who are
2. Such act does not constitute arson or other crimes involving destruction;
Liable for Malicious
3. The act of damaging another’s property was committed merely for the sake of
Mischief
damaging it;

Crime Elements Penalty/ies

Acts punished:
Article 328. Special
cases of malicious
mischief
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 or National
Library, or to any archive or registry,
waterworks, road, promenade, or any
other thing used is common by the
public.
Prision correccional in its minimum
and medium periods (6 months and 1
day to 4 years and 2 months) No. 14 Table
of Penalties – if the value of the damage
caused exceeds Php 1,000.00
Arresto mayor (1 month and 1 day to
6 months) No. 1 Table of Penalties - if the
value of the damage caused does not
exceed Php 1,000.00 but is over 200.00
Arresto menor – if the value of the
damage caused does not exceed Php
200.00
Arresto Mayor in its medium and
maximum periods (2 months an d 1
day to 6 months) No. 6 Table of
Penalties - if the value of the damage
caused exceeds Php 1,000.00

Arresto Mayor in its minimum and

medium periods (1 month and 1 day to
4 months) No. 5 Table of Penalties - if
Article 329. Other All other mischiefs not included in the next
the value of the damage caused does
mischiefs preceding article
not exceed Php 1,000.00 but is over
200.00

Arresto menor or a fine of not less

than the value of the damage caused
and not more than Php 200.00 - if the
amount involved does not exceed Php
200.00 or cannot be estimated

Prision Correccional in its medium

Article 330. Damage and maximum periods (2 years, 4
and obstruction to This is committed by damaging any railway, months and 1 day to 6 years) No. 15 Table
of Penalties
means of telegraph or telephone lines.
communication Prision Mayor - if damage shall result
in any derailment of cars, collision, or

pg. 78
 other accident

Article 331. Arresto Mayor in its medium to prision correccional in its minimum period (2
Destroying or months and 1 day to 2 years and 4 months) No. 7 Table of Penalties
damaging statutes,
public monuments or Arresto menor or a fine not exceeding Php 200.00, or both - id any useful or
paintings ornamental painting of a public nature is destroyed or damaged
EXTINCTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY
Crimes involved in the exemption
1. Theft;
2. Estafa; and
3. Malicious mischief.
Article 332. Persons
exempt from criminal Persons exempted from criminal liability
liability 1. Spouse, ascendants and descendants, or relatives by affinity in the same line;
2. Widowed spouse with respect to the property which belonged to the deceased spouse
before the same passed into the possession of another
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

pg. 79
TITLE 11: CRIMES AGAINST CHASTITY
ARTICLE ELEMENTS PENALTIES
Chapter One- Adultery and Concubinage
333. Adultery 1. That the woman is married; Prision
2. That she has sexual intercourse with a man not correccional-
her husband; Medium and
3. That as regards the man with whom she has Maximum periods
sexual intercourse, he must know her to be
married.
334. Concubinage 1. That the man must be married. Prision
2. That he committed any of the following acts: correccional-
a. Keeping a mistress in the conjugal Minimum and
dwelling, Medium periods
b. Having sexual intercourse under
scandalous circumstances with a Concubine-
woman who is not his wife, Destierro
c. Cohabiting with her in any other place.
3. 3. That as regards the woman, she must know
him to be married.
Chapter Two- Rape and Acts of Lasciviousness
335. Rape Repealed by R.A. No. 8353
(see chapter three)
336. Acts of 1. That the offender commits any act of Prision correccional
lasciviousness lasciviousness of 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; or
b. When the offended party is deprived of
reason or otherwise unconscious;
c. By means of fraudulent machination or
grave abuse of authority;
d. When the offended party is under 12
years of age or is demented.
Chapter Three- Seduction, Corruption of Minors, and White Slave Trade
337. Qualified Of a virgin: Prision
Seduction 1. That the offended party is a virgin, which is correccional-
presumed if she is unmarried and of good Minimum and
reputation. Medium periods
2. That she must be over 12 and under 18 years of
age.
3. That the offended has sexual intercourse with
her.
4. That there is abuse of authority, confidence or
relationship on the part of the offender.

Sister or descendant (relationship must be made by Penalty next higher

consanguinity, need not be legitimate) in degree.
- Need not be a virgin
- May be over 18 years of age
338. Simple Seduction 1. That the offended party is over 12 and under Arresto Mayor
18 years of age.
2. That she must be of good reputation, single or
widow.
3. That the offender has sexual intercourse with
her.
4. That is committed by means of deceit.

pg. 80
339. Acts of 1. That the offender commits acts of Arresto Mayor
lasciviousness with the lasciviousness or lewdness;
consent of the 2. That the acts are committed upon a woman One degree higher
offended party who is virgin or single or widow of good if less than 12 years
reputation, under 18 years of age but over 12 old (sec. 10 RA no.
years, or a sister or descendant regardless of 7610)
her reputation or age.
3. That the offender, accomplishes the acts by
abuse of authority, confidence, relationship, or
deceit.
340. Corruption of - Promote or facilitate the prostitution or Prision Mayor
Minors corruption of persons under age to satisfy the
lust of another.
- (If public officer or employee, including those in Temporary
GOCCs) absolute
disqualification.
341. White slave trade Acts penalized: Prision
1. Engaging in business of prostitution. correccional-
2. Profiting by prostitution. Medium and
3. Enlisting the services of women for the purpose Maximum periods
of prostitution.
342. Forcible abduction 1. That the person abducted is any woman, Reclusion temporal
regardless of her age, civil status, or reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.
Chapter Four- Abduction
343. Consented 1. That the offended party must be a virgin. Prision
abduction 2. That she must be over 12 and under 18 years of correccional-
age. Minimum and
3. That the taking away of the offended party Medium periods
must be with her consent, after solicitation or
cajolery from the offender.
4. That the taking away of the offended party
must be with lewd designs.

Chapter Five- Provisions Relative to the Preceding Chapters of Title Eleven

344. Prosecution of the Requirements:
crimes of adultery, 1. Adultery and concubinage must be prosecuted upon complaint signed
concubinage, by the offended spouse.
seduction, abduction, 2. Seduction, abduction, rape or acts of lasciviousness must be
rape, and accts of producted upon complaint signed by-
lasciviousness a. Offended party,
b. Her parents,
c. Grandparents,
d. Guardians in the order in which they are named above.
345. Civil liability of Civil liability-
persons guilty of crimes 1. To indemnify the offended woman.
against chastity 2. To acknowledge the offspring, unless the law should prevent him
from doing so
3. In every case to support the offspring.
346. Liability of Persons who cooperate as ACCOMPLICES but are punished as PRINCIPALS in
ascendants, guardians, rape, seduction, abduction, etc.
teachers, or other 1. Ascendants;
persons entrusted with 2. Guardians;
the custody of the 3. Curators;
offended party. 4. Teachers; and
5. Any other person, who cooperates as accomplice with abuse of

pg. 81
 authority or confidential relationship

TITLE 12: CRIMES AGAINST THE CIVIL STATUS OF PERSONS

ARTICLE ELEMENTS PENALTIES
Chapter One- Simulation of Births and Usurpation of Civil Status
347. Simulation of -Simulation of births takes place when the woman Prision Mayor and
births, substitutions of pretends to be pregnant when in fact she is not, and on a fine not
one child for another, the day of the supposed delivery, takes the child of exceeding 1,000
and concealment or another as her own. pesos
abandonment of a -Substitution one child for another when, for instance, a
legitimate child. child is exchanged with another without the knowledge physician or
of their respective parents with intent to cause the loss surgeon or public
of any trace of their filiation officer who shall
-Concealing or abandoning any legitimate child cooperate shall
1. The child must be legitimate; suffer the penalties
2. The offender conceals or abandons such child; therein prescribed
and and temporary
3. The offender has the intent to cause such child special
to lose its civil status. disqualification.

348. Usurpation of civil 1. A person usurp the civil status of another; Prision
status. 2. For the purpose of defrauding the offended correccional-
party or his heirs. Medium and
Maximum periods
Chapter Two- Illegal Marriages
349. Bigamy. 1. That the offender has been legally married. Prision mayor
2. That the marriage has not been legally
dissolved or, in case his or her spouse is absent,
the absent spouse could not yet be presumed
dead according to the Civil Code.
3. That he contracts a second or subsequent
marriage.
4. That the second or subsequent marriage has all
the essential requisites for validity.
350. Marriage 1. That the offender contracted marriage. Prison correccional-
contracted against 2. That he knew at the time that- Medium and
provisions of laws. a. the requirements of the law were not Maximum periods
complied with; or
b. the marriage was in disregard of a legal Maximum- If
impediment. consent is obtained
by means of
violence,
intimidation, or
fraud.
351. Premature Persons liable Arresto mayor and
marriages. - A widow who married within 301 days from the a fine not
date of the death of her husband, or before exceeding 500
having delivered if she is pregnant at the time pesos
of his death.
- A woman who, her marriage having been
annulled or dissolved, married before her
delivery or before the expiration of the period
of 301 days after the date of the legal
separation.
352. Performance of 1. That the person is a priest or minister or civil Imprisonment for
illegal marriage authority is authorized to solemnize marriages. not less than one
ceremony 2. That he perform or authorize any illegal month nor more

pg. 82
 marriage ceremony than two years, or
a fine not less than
P200 nor more
than P2,000 (Sec.
39, Act no. 3613,
Marriage Law)

TITLE 13: CRIMES AGAINST HONOR

ARTICLE ELEMENTS PENALTIES
Chapter One- Libel
Section One- Definitions, forms and punishment of the crime
353. Libel by means of Defamation includes libel and slander.
writing or similar 1. That there must be an imputation of a crime, or of a vice or defect,
means. real or imaginary, or any act, omission, status or circumstance.
2. That the imputation must be made publicly.
3. That it must be malicious.
4. That the imputation must be directed to a natural or juridical person,
or one who is dead.
5. That the imputation must tend to cause the dishonor, discredit or
contempt of the person defamed.

354. Requirement for Malice is presumed from every defamatory imputation, except in the
publicity. following cases:
1. A private communication made by any person to another in the
performance of any legal, moral or social duty.
2. 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 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 their functions.
355. Libel by means of A libel may be committed by means of: Prison correccional-
writings or similar 1. Writing, Minimum and
means. 2. Printing, Medium periods or
3. Lithography, a fine ranging from
4. Engraving, 200 to 6,000 pesos,
5. Radio, or both, in addition
6. Phonograph, to the civil action
7. Painting, which may be
8. Theatrical exhibition, brought.
9. Cinematographic exhibition,
10. Or any similar means.
356. Threatening to Acts punished: Arresto mayor or a
publish and offer to 1. By threatening another to publish a libel fine of from 200 to
prevent such concerning him, or his parents, spouse, child, or 2,000 pesos, or
publication for a other members of his family. both
compensation. 2. By offering to prevent the publication of such
libel for compensation, or money
consideration.
357. Prohibited 1. That the offender is a reporter, editor or Arresto mayor or a
publication of acts manager of a newspaper daily or magazine. fine of from 200 to
referred to in the 2. That he publishes facts connected with the 2,000 pesos, or

pg. 83
course of official private life of another. both
proceedings 3. That such facts are offensive to the honor,
virtue and reputation of said person.
358. Slander Slander is libel committed by oral means, instead of in Arresto Menor or a
written. fine not exceeding
200 pesos (simple)
Two kinds of oral defamation:
- Simple Arresto Mayor in its
- Grave Maximum to
Prision correccional
in its Minimum
(grave)

359. Slander by deed 1. That the offender performs any act not Arresto Menor or a
included in any other crime against honor. fine not exceeding
2. That such act is performed in the presence of 200 pesos (simple)
other person or persons.
3. That such act casts dishonor, discredit or Arresto Mayor in its
contempt upon the offended party. Maximum to
Prision correccional
Two kinds of slander by deed in its Minimum
- Simple (grave)
- Grave
Section Two- General Provisions
360. Persons liable The persons responsible for libel are:
1. The person who publishes, exhibits or causes the publication or
exhibition of any defamation in writing or similar means.
2. The author or editor of a book or pamphlet.
3. The editor or business manager of a daily newspaper magazine or
serial publication.
4. The owner of the printing plant which publishes a libelous article with
his consent and all other persons who in any way participate in or
have connection with its publication.
361. Proof of truth Requisites of defense in defamation:
1. If it appears that the matter charged as libelous is true.
2. It was published with good motives.
3. It was for justifiable ends.

Proof of truth is admissible in any of the following:

1. When act or omission imputed constitutes a crime regardless of
whether the offended party is a private individual or a public officer.
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.
362. Libelous remarks. Libelous remarks or comments connected with the matter privileged under
the provisions of Article 354, of made with malice, shall not exempt the
author thereof nor the editor or managing editor of a newspaper from
criminal liability.

Chapter Two- Incriminatory Machinations

363. Incriminating 1. That the offender performs an act. Arresto Mayor.
innocent person. 2. That by such act he directly incriminates or
imputes to an innocent person the commission
of a crime.
3. That such act does not constitute perjury
364. Intriguing against Committed by any person who shall make an intrigue Arresto Menor or
honor which has for its principal purpose to blemish the honor fine not exceeding

pg. 84
 or reputation of another person. 200 pesos.

TITLE 14: QUASI-OFFENSES

ARTICLE ELEMENTS PENALTIES
Criminal Negligence
365. Imprudence and - Reckless Imprudence -
Negligence 1. That the offender does or fails to do an act. Arresto Menor-
2. That the doing of or the failure to that act is Maximum period
voluntary. (light felony)
3. That it be without malice.
4. That material damage results. Arresto Mayor-
5. That there is inexcusable lack of precaution on Minimum and
the part of the offender, taking into Medium periods
consideration- (less grave felony)
a. his employment or occupation;
b. degree of intelligence, physical condition; Arresto Mayor –
and Maximum period
c. other circumstances regarding persons, to Prision
time and place. Correcional-
Medium period

-
- Simple Prudence Fine not exceeding
1. That there is lack of precaution on the part of P200 and censure
the offender. (light felony)
2. That the damage impending to be caused is not
immediate or the danger is not clearly Arresto Mayor-
manifest. Minimum period
(less serious felony)

Arresto Mayor-
Medium and
Maximum periods
(grave felony)

-
- Imprudence resulted only in damage to the Fine ranging from
property of another. an amount equal to
the value of said
damages to three
times such value
but which shall in
no case be less
than P25.

-
- offender who fails to lend on the spot to the Penalty next higher
parties such help as may be in his hands to give. in degree.

The penalties provided in Article 365 are not applicable

in the following cases: -
1. When the penalty provided for the offense is Penalty next lower
equal to or lower than those provided in the in degree than

pg. 85
 first two paragraphs of this article (Art. 365) which should be
imposed, in the
period which they
may deem proper
to apply.
-
2. When, by imprudence or negligence and with Prison
violation of the Automobile Law, the death of a correcctional-
person shall be caused. Medium and
Maximum periods.

pg. 86