TITLE EIGHT

I. CRIMES AGAINSTPERSONS

DESTRUCTIONOF LIFE

A. ELEMENTSOF PARRICIDE:(246)

1. That a person is killed.

2. That the deceased is 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.

Notes:

1. The relationship of the offender with the victim is the essential element of the felony

2. Parents and children are not included in the term “ascendants ” or “descendants ”

3. The other ascendant or descendant must be legitimate. On the other hand, the father,
mother or child may be legitimate or illegitimate

4. The child should not be less than 3 days old. Otherwise, the offense is infanticide

5. Relationship must be alleged

6. A stranger who cooperates in committing parricide is liable for murder or homicide

7. Even if the offender did not know that the person he had killed is his son, he is still liable for
parricide because the law does not require knowledge of the relationship

B. DEATHOR PHYSICALINJURIESUNDER EXCEPTIONALCIRCUMSTANCES

Requisites:

1. A legally married person or parent surprises his spouse or daughter (the latter must be
under 18 and living with them) in the act of committing sexual intercourse with another person

2. He/she kills any or both of them or inflicts upon any or both of them any serious physical
injury in the act or immediately thereafter

3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has
not consented to the infidelity of the other spouse.

Notes:

1. Article does not define or penalize a felony

2. Not necessary that the parent be legitimate

3. Article applies only when the daughter is single

4. Surprise: means to come upon suddenly or unexpectedly

5. Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse
with another person. However, it is enough that circumstances reasonably show that the carnal
 act is being committed or has been committed

6. Sexual intercourse does not include preparatory acts

7. Immediately thereafter: means that the discovery, escape, pursuit and the killing must all
form parts of one continuous act

8. The killing must be the direct by-product of the rage of the accused

9. No criminal liability is incurred when less serious or slight physical injuries are inflicted.
Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not
liable. The principle that one is liable for the consequences of his felonious act is not applicable
because he is not committing a felony

C. ELEMENTSOF MURDER: (248)

1. That a person was killed.

2. That the accused killed him.

3. That the killing was attended by any of the following qualifying circumstances

1. with treachery, taking advantage of superior strength, with the aid or armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity

2. in consideration of price, reward or promise

3. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel,

derailment or assault upon a street car or locomotive, fall of airship, by means of motor
vehicles or with the use of any other means involving great waste or ruin

4. on occasion of any of the calamities enumerated in the preceding paragraph, or of

an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public
calamity

5. with evident premeditation

6. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim
or outraging or scoffing at his person or corpse

4. The killing is not parricide or infanticide.

Notes:

1. The victim must be killed in order to consummate the offense. Otherwise, it would be
attempted or frustrated murder

2. Murder will exist with only one of the circumstances. The other circumstances are absorbed
or included in one qualifying circumstance. They cannot be considered as generic aggravating
circumstances

3. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will
only be considered as generic aggravating circumstances

4. Treachery and premeditation are inherent in murder with the use of poison.

D. ELEMENTSOF HOMICIDE:(249)

1. That a person was killed.

2. That the accused killed him without any justifying circumstances.

3. That the accused had the intention to kill, which is presumed.

 4. That the killing was not attended by any of the qualifying circumstances of murder, or by
that of parricide or infanticide.

Notes:

1. Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill
is required only in attempted or frustrated homicide

2. There is no crime of frustrated homicide through negligence

3. When the wounds that caused death were inflicted by 2 different persons, even if they
were not in conspiracy, each one of them is guilty of homicide

4. In all crimes against persons in which the death of the victim is an element, there must be
satisfactory evidence of (1) the fact of death and (2) the identity of the victim

E. PENALTYFOR FRUSTRATED PARRICIDE,MURDEROR HOMICIDE(250)

F. ELEMENTSOF DEATHIN A TUMULTOUSAFFRAY: (251)

1. That there be several persons.

2. That they did not compose groups organized for the 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.

Notes:

1. Tumultuous affray exists hen at least 4 persons take part in it

2. When there are 2 identified groups of men who assaulted each other, there is no
tumultuous affray

3. Persons liable are:

1. person/s who inflicted serious physical injuries

2. if it is not known who inflicted serious physical injuries on the deceased, all persons
who used violence upon the person of the victim.

G. ELEMENTSOF PHYSICALINJURIES INFLICTEDIN A TUMULTOUSAFFRAY: (252)

1. that there is a 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.

1. that the person responsible therefor cannot be identified.

2. That all those who appear to have used violence upon the person of the offended party are
known.
H.GIVINGASSISTANCE TO SUICIDE:(253)

• Acts punishable:

1. Assisting another to commit suicide, whether the suicide is consummated or not

2. Lending his assistance to another to commit suicide to the extent of doing the killing
himself.

• Notes:

1. A person who attempts to commit suicide is not criminally liable

2. A pregnant woman who tried to commit suicide by means of poison but instead of dying,
the fetus in her womb was expelled, is not liable for abortion

3. Assistance to suicide is different from mercy-killing. Euthanasia/mk is the practice of

painlessly putting to death a person suffering from some incurable disease. In this case, the
person does not want to die. A doctor who resorts to euthanasia may be held liable for murder

4. Penalty is mitigated if suicide is not successful.

I. ELEMENTSOF DISCHARGEOF FIREARMS:(254)

1. that the offender discharges a firearm against or at another person.

2. That the offender has no intention to kill that person.

• Notes:

1. The offender must shoot at another with any firearm without intention of killing him. If the
firearm is not discharged at a person, the act is not punished under this article

2. A discharge towards the house of the victim is not discharge of firearm. On the other hand,
firing a gun against the house of the offended party at random, not knowing in what part of
the house the people were, it is only alarm under art 155.

3. Usually, the purpose of the offender is only to intimidate or frighten the offended party

4. Intent to kill is negated by the fact that the distance between the victim and the offender is
200 yards

5. A person can be held liable for discharge even if the gun was not pointed at the offended
party when it fired for as long as it was initially aimed at or against the offended party.

J. ELEMENTSOF INFANTICIDE:(255)

1. That a child was killed.

2. That the deceased child was less than three days (72 hours) of age.

3. That the accused killed the said child.

Notes:

1. When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty
prescribed for parricide. If the offender is any other person, the penalty is that for murder. In
either case, the proper qualification for the offense is infanticide

2. When infanticide is committed by the mother or maternal grandmother in order to conceal

the dishonor, such fact is only mitigating

3. The delinquent mother who claims that she committed the offense to conceal the dishonor
must be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty
 because she has no honor to conceal

4. There is no infanticide when the child was born dead, or although born alive it could not
sustain an independent life when it was killed.

K. ELEMENTSOF INTENTIONALABORTION:(256)

1. That there is a pregnant woman.

2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise
acts upon such pregnant woman.

3. That as a result of the use of violence or drugs or beverages upon her, or any other act of
the accused, the fetus dies, either in the womb or after having been expelled therefrom.

4. That the abortion is intended.

L. ELEMENTSOF UNINTENTIONALABORTION:(257)

1. That there is a pregnant woman.

2. That violence is used upon such pregnant woman without intending an abortion.

3. That the violence is intentionally exerted.

4. That as a result of the violence that fetus dies, either in the womb or after having been
expelled therefrom.

Notes:

1. Unintentional abortion can also be committed through negligence

1. The accused can only be held liable if he knew that the woman was pregnant

2. If there is no intention to cause abortion and neither was violence exerted, arts 256
and 257 does not apply.

M. ELEMENTSOF ABORTION PRACTICEDBY THE WOMAN HERSELF OR BY HER PARENTS:

(258)

1. That there is a pregnant woman who has suffered an abortion.

2. That the abortion is intended.

3. That the abortion is caused by –

1. the pregnant woman herself

2. any other person, with her consent, or

3. any of her parents, with her consent for the purpose of concealing her dishonor.

Notes:

1. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor.
However, there is no litigation for the parents of the pregnant women even if their purpose is to
conceal their daughter ’s dishonor

2. In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor
of their daughter. This is not so for art 258
N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING
OF ABORTIVES:(259)

1. That there is a pregnant woman who has suffered an abortion.

2. That the abortion is 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.

Notes:

1. It is not necessary that the pharmacist knew that the abortive would be used to cause
abortion. What is punished is the act of dispensing an abortive without the proper prescription.
It is not necessary that the abortive be actually used

2. If the pharmacist knew that the abortive would be used to cause abortion and abortion
results, he is liable as an accomplice

O. RESPONSIBILITYOF PARTICIPANTS IN A DUEL: (260)

Acts punished:

1. Killing one’s adversary in a duel

2. Inflicting upon the adversary serious physical injuries

3. Making a combat although no physical injuries have been inflicted

Personsliable:

1. Principals – person who killed or inflicted physical injuries upon his adversary, or both
combatants in any other cases

2. Accomplices – as seconds

Notes:

1. Duel: a formal or regular combat previously concerted between 2 parties in the presence of
2 or more seconds of lawful age on each side, who make the selection of arms and fix all the
other conditions of the fight

2. If death results, the penalty is the same as that for homicide

P. CHALLENGINGTO A DUEL: (261)

Acts punishable:

1. Challenging another to a duel

2. Inciting another to give or accept a challenge to a duel

3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a
duel
Personsliable:

1. Challenger

2. Instigators

II. PHYSICAL INJURIES

A. MUTILATION: (262)

Kinds of Mutilation

1. Intentionally mutilating another by depriving him, totally or partially, of some essential

organ for reproduction

2. Intentionally making another mutilation, i.e. lopping, 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 the body

Elements:

1. There be a castration i.e. mutilation of organs necessary for generation

2. Mutilation is caused purposely and deliberately

Notes:

1. In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be
considered as mutilation of the second kind

2. Mayhem: refers to any other intentional mutilation

B. SERIOUS PHYSICAL INJURIES: (263)

How Committed

1. Wounding

2. Beating

3. Assaulting

4. Administering injurious substances

What are serious physicalinjuries:

1. Injured person becomes insane, imbecile, impotent or blind

2. Injured person –

1. loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot,
arm or leg

2. loses the use of any such member

3. becomes incapacitated for the work in which he had been habitually engaged

3. Injured person –
 1. becomes deformed

2. loses any other member of his body

3. loses the use thereof

4. becomes ill or incapacitated for the performance of the work in which he had been
habitually engaged in for more than 90 days

1. Injured person becomes ill or incapacitated for labor for more than 30 days
(but not more than 90 days)

Notes:

1. Serious physical injuries may be committed through reckless imprudence or simple

imprudence

2. There must be no intent to kill

3. Impotent should include inability to copulate and sterility

4. Blindness requires lost of vision in both eyes. Mere weakness in vision is not contemplated

5. Loss of power to hear must involve both ears. Otherwise, it will be considered as serious
physical injuries under par 3

6. Loss of use of hand or incapacity of usual work in par 2 must be permanent

7. Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other
member which is not a principal part of the body. In this respect, a front tooth is considered as a
member of the body, other than a principal member

8. Deformity: means physical ugliness, permanent and definite abnormality. Not curable by
natural means or by nature. It must be conspicuous and visible. Thus, if the scar is usually
covered by a dress, it would not be conspicuous and visible

9. The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one
tooth which impaired appearance is a deformity

10. Deformityby loss of teeth refers to injury which cannot be impaired by the action of the
nature

11. Loss of both outer ears constitutes deformity and also loss of the power to hear.
Meanwhile,loss of the lobule of the ear is only a deformity

12. Loss of the index and middle fingers is either a deformity or loss of a member, not a
principalone of his body or use of the same

13. Loss of the power to hear in the right ear is considered as merely loss of use of some
other part of the body

14. If the injury would require medical attendance for more than 30 days, the illness of the
offended party may be considered as lasting more than 30 days. The fact that there was
medical attendance for that period of time shows that the injuries were not cured for that
length of time

15. Under par 4, all that is required is illness or incapacity,not medical attendance

16. In determining incapacity, the injured party must have an avocation at the time of the
injury. Work: includesstudies or preparationfor a profession
17. When the category of the offense of serious physical injuries depends on the period of
the illness or incapacity for labor, there must be evidence of the length of that period.
Otherwise,the offense will only be consideredas slight physicalinjuries

18. There is no incapacity if the injured party could still engage in his work although less
effectivelythan before

19. Serious physical injuries is qualified when the crime is committed against the same
persons enumerated in the article on parricide or when it is attended by any of the
circumstancesdefiningthe crime of murder. However,serious physical injuriesresulting from
excessive chastisementby parents is not qualifiedserious physical injuries

C. ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES: (264)

1. That the offender inflicted upon another person any serious physical injury

2. That it was done knowingly administering to him any injurious substances or

beverages or by taking advantage of his weakness of mind of credulity

3. He had no intent to kill

Notes:

1. It is frustrated murder when there is intent to kill

2. Administering means introducing into the body the substance, thus throwing of the acid in
the face is not contemplated.

D. ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES: (265)

1. That the offended party is incapacitated for labor for 10 days or more (but not more
than 30 days), or needs medical attendance for the same period of time

2. That the physical injuries must not be those described in the preceding articles

Notes:

Circumstances qualifying the offense:

1. when there is manifest intent to insult or offend the injured person

2. when there are circumstances adding ignominy to the offense

3. when the victim is either the offender ’s parents, ascendants, guardians, curators or
teachers

4. when the victim is a person of rank or person in authority, provided the crime is not
direct assault

5. It falls under this article even if there was no incapacity but the medical treatment
was for 13 days

E. SLIGHT PHYSICAL INJURIES: (266)

3 Kinds:

1. That which incapacitated the offended party for labor from 1-9 days or required medical
attendance during the same period

2. That which did not prevent the offended party from engaging in his habitual work or which
did not require medical attendance (ex. Black-eye)

3. Ill-treatment of another by deed without causing any injury (ex. slapping but without
causing dishonor)

F. RAPE (ART 355)

The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against
Personsincorporatedinto Title 8 of the RPC to be known as Chapter3

Elements:Rape is committed

1. By a man who have carnal knowledge of a woman under any of the following
circumstances:

1. through force, threat or intimidation

2. when the offended party is deprived of reason or otherwise unconscious

3. by means of fraudulent machination or grave abuse of authority

4. when the offended party is under 12 years of age or is demented, even though none
of the circumstances mentioned above be present

5. By any person who, under any of the circumstances mentioned in par 1 hereof, shall
commit an ac of sexual assault by inserting

1. his penis into another person ’s mouth or anal orifice, or

2. any instrument or object, into the genital or anal orifice of another person

Rape committedunder par 1 is punishableby:

1. reclusion perpetua

2. reclusion perpetua to DEATH when

1. victim became insane by reason or on the occasion of rape

2. b. the rape is attempted and a homicide is committed by reason or on the

occasion thereof

3. DEATH when

1. homicide is committed

2. victim under 18 years and offender is:

1. parent

2. ascendant

3. step-parent

4. guardian

5. relative by consanguinity or affinity with the 3 rd civil degree or

 6. common law spouse of parent of victim

3. c. under the custody of the police or military authorities or any law enforcement
or penal institution

4. committed in full view of the spouse , parent or any of the children or other relatives
within the 3 rd degree of consanguinity

5. victim is a religious engaged in legitimate religious vocation or calling and is

personally known to be such by the offender before or at the time of the commission of
the crime

6. a child below 7 years old

7. g. offender knows he is afflicted with HIV or AIDS or any other sexually

transmissible disease and the virus is transmitted to the victim

8. h. offender; member of the AFP, or para-military units thereof , or the PNP, or any
law enforcement agency or penal institution, when the offender took advantage of his
position to facilitate the commission of the crime

9. victim suffered permanent physical mutilation or disability

10. j. the offender knew of the pregnancy of the offended party at the time of
the commission of the crime; and

11. k. when the offender knew of the mental disability, emotional disorder and/or
physical handicap or the offended party at the time of the commission of the crime

Rape committedunder par 2 is punishableby:

1. 1. prision mayor
2. 2. prision mayor to reclusion temporal

1. use of deadly weapon or

2. by two or more persons

3. reclusion temporal – when the victim has become insane

4. reclusion temporal to reclusion pepetua – rape is attempted and homicide is committed

5. reclusion perpetua – homicide is committed by reason or on occasion of rape

6. reclusion temporal – committed with any of the 10 aggravating circumstances mentioned

above

Notes:

1. The underscored words are the amendments provided by RA 8353

2. Dividing age in rape:

1. less than 7 yrs old, mandatory death

2. less than 12 yrs old, statutory rape

3. less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death
 CRIMES AGAINSTPERSONALLIBERTY AND SECURITY

A. ELEMENTSOF KIDNAPPINGAND SERIOUSILLEGAL DETENTION:(267)

1. Offender is a private individual

2. He kidnaps or detains another, or in any other manner deprives the latter of his
liberty

3. The act of detention or kidnapping must be illegal

4. That in the commission of the offense, any of the following circumstances are
present (becomes serious)

1. that the he kidnapping/detention lasts for more than 3 days

2. that it is committed simulating public authority

3. that any serious physical injuries are inflicted upon the person kidnapped or
detained or threats to kill him are made, or

4. that the person kidnapped or detained is a minor (except if parent is the

offender), female or a public officer

Note: When death penalty is imposed:

1. if kidnapping is committed for the purpose of extorting ransom either from the victim or
from any other person even if none of the aforementioned are present in the commission of the
offense (even if none of the circumstances are present)

2. when the victim is killed or dies as a consequence of the detention or is raped or is

subjected to torture or dehumanizing acts

B. ELEMENTSOF SLIGHT ILLEGALDETENTION:(268)

1. Offender is a private person

2. He kidnaps or detains another or in any other maner deprives him pof his liberty /
furnished place for the perpetuation of the crime

3. That the act of detention or kidnapping must be illegal

4. That the crime is committed without the attendant of any of the circumstances
enumerated in Art 267

Note: Privilegedmitigatingcircumstances:

If the offender:

1. voluntarily releases the person so kidnapped or detained within 3 days from the
commencement of the detention

2. without having attained the purpose intended and

3. before the institution of criminal proceedings against him

C. ELEMENTSOF UNLAWFULARREST: (269)

1. That the offender arrests or detains another person

2. That the purpose of the offender is to deliver him to the proper authorities
 1. That the arrest or detention is not authorized by law or there is no reasonable
ground therefor

Notes:

1. Offender is any person, so either a public officer or private individual

2. Refers to warrantless arrests

3. In art 125, the detention is for some legal ground while here, the detention is not
authorized by law

4. In art 125, the crime pertains to failure to deliver the person to the proper judicial authority
within the prescribed period while here, the arrest is not authorized by law

D. ELEMENTSOF KIDNAPPINGAND FAILURETO RETURNA MINOR: (270)

1. That the offender is entrusted with the custody of a minor person (whether over or
under 7 but less than 18 yrs old)

2. That he deliberately fails to restore the said minor to his parents

E. ELEMENTSOF INDUCINGA MINOR TO ABANDONHIS HOME:(271)

1. That the minor (whether over or under 7) is living in the home of his parents or
guardians or the person entrusted with his custody

2. That the offender induces a minor to abandon such home

Notes:

1. Inducement must be actual, committed with criminal intent and determined by a will to
cause damage

2. Minor should not leave his home of his own free will

3. Mitigating if by father or mother

F. ELEMENTSOF SLAVERY: (272)

1. That the offender purchases. Sells, kidnaps or detains a human being.

2. That the purpose of the offender is to enslave such human being.

Note: Qualifying circumstance – if the purpose of the offender is to assign the offended
party to some immoraltraffic (prostitution),the penalty is higher

G. ELEMENTSOF EXPLOITIONOF CHILD LABOR: (273)

1. That the offender retains a minor in his service.

2. That it is against the will of the minor.

3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant,

guardian or person entrusted with the custody of such minor.

H. ELEMENTSOF SERVICES RENDEREDUNDERCOMPULSIONIN PAYMENT OF DEBT: (274)

 1. That the offender compels a debtor to work for him, either as household servant or farm
laborer.

2. That it is against the debtor ’s will.

3. That the purpose is to require or enforce the payment of a debt.

II. CRIMES AGAINST SECURITY

A. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONE’S OWN

VICTIM: (275)

Acts punishable:

1. By failing to render assistance to any person whom the offender finds in an inhabited place
wounded or in danger of dying, when he can render such assistance without detriment to
himself, unless such omission shall constitute a more serious offense

Elements:

1. That place is not inhabited.

2. The accused found there a person wounded or in danger of dying.

3. The accused can render assistance without detriment to himself.

1. The accused fails to render assistance.

1. By failing to help or render assistance to another whom the offender has accidentally
wounded or injured

2. By failing to deliver a child, under 7 whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to a safe place.

B. ELEMENTSOF ABANDONINGA MINOR: (276)

1. That the offender has the custody of a child.

2. That the child is under seven years of age.

3. That he abandons such child.

4. That he has no intent to kill the child when the latter is abandoned.

Notes:
1. Conscious, deliberate, permanent, unless punishable by a more serious offense

2. Qualifying circumstances:

1. when the death of the minor resulted from such abandonment

2. if the life of the minor was in danger because of the abandonment

C. ELEMENTS OF ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS
CUSTODY; INDIFFERENCEOF PARENTS: (277)

Acts punished:

1. By delivering a minor to a public institution or other persons w/o 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:

1. That the offender has charged of the rearing or education of a minor.

2. That he delivers said minor to a public institution or other persons.

3. That the one who entrusted such child to the offender has not consented to such act, or if
the one who entrusted such child to the offender is absent; the proper authorities have not
consented to it.

4. By neglecting his (offender ’s) children by not giving them education which their station in
life requires and financial condition permits

Elements:

1. That the offender is a parent.

2. That he neglects his children by not giving them education.

3. That his station in life requires such education and his financial condition permits it.

D. ELEMENTSOF EXPLOITATION OF MINORS: (278)

Acts punished:
1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical
strength or contortion, the offender being any person

2. By employing children under 16 who are not the children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or
engaged in a similar calling

3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next

preceding paragraph, the offender being engaged in any of said callings

4. By delivering a child under 16 gratuitously to any person following any of the callings
enumerated in par 2 or to any habitual vagrant or beggar, the offender being an ascendant,
guardian, teacher or person entrusted in any capacity with the care of such child

5. By inducing any child under 16 to abandon the home of its ascendants; guardians, curators
or teachers to follow any person engaged in any of the callings mentioned in par 2 or to
accompany any habitual vagrant or beggar, the offender being any person

Note: Qualifying Circumstance – if the delivery of the child to any person following any of
the callings of acrobat, rope-walker,diver or wild-animal trainer or circus manager or to any
habitual vagrant of beggar is made in considerationof any price, compensationor promise,
the penalty is higher.
E. ADDITIONALPENALTIESFOR OTHER OFFENSES:(279)

F. ELEMENTSOF TRESPASSTO DWELLING:(280)

1. That the offender is a private person.

2. That he enters the dwelling of another.

3. That such entrance is against the latter ’s will.

Notes:

1. Qualifying circumstance: if the offense is committed by means of violence or intimidation,

the penalty is higher

2. There must be an opposition to the entry of the accused

3. Implied prohibition is present considering the situation – late at night and everyone ’s asleep
or entrance was made through the window

4. Prohibition is not necessary when violence or intimidation is employed by the offender

5. When there is no overt act of the crime intended to be committed, this is the crime

6. May be committed even by the owner (as against the actual occupant)

7. Not applicable to:

1. entrance is for the purpose of preventing harm to himself, the occupants or a third person

2. purpose is to render some service to humanity or justice

3. place is a café, tavern etc while open

8. Medina case: when the accused entered the dwelling through the window, he had no
intent to kill any person inside, but the intention to kill came to his mind when he was being
arrested by the occupantsthereof,the crime of trespass to dwellingis a separateand distinct
offense from frustratedhomicide

G. ELEMENTSOF OTHER FORMS OF TRESPASS: (281)

1. That the offender enters the closed premises or the fenced estate of another.

2. That the entrance is made while either of them is uninhabited.

3. That the prohibition to enter be manifest.

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

H. GRAVE THREATSWHERE OFFENDERATTAINED HIS PURPOSE:(282)

Acts punishable:

1. By threatening another with the infliction upon his person, honor or property that of his
family of any wrong amounting to a crime and demanding money or imposing any other
condition, even though not unlawful and the offender (Note: threat is with condition)

Elements:

1. 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.
 2. That such wrong amounts to a crime.

3. That there is a demand for money or that any other condition is imposed, even though not
unlawful.

4. That the offender attains his purpose.

5. By making such threat without the offender attaining his purpose

6. By threatening another with the infliction upon his person, honor or property or that of his
family of any wrong amounting to a crime, the threat not being subject to a condition (Note:
threat is without condition)

Elements:

1. 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.

2. That such wrong amounts to a crime.

3. That the threat is not subject to a condition

Notes:

1. Aggravating circumstances: if made in writing or thru a middleman

2. Frustrated – if not received by the person being threatened

3. Art 284 bond from good behavior may be imposed (only in these offenses)

I. ELEMENTSOF LIGHT THREATS:(283)

1. That the offender makes a threat to commit a wrong.

2. That the wrong does not constitute a crime.

3. That there is a demand for money or that other condition is imposed, even though not
unlawful

4. That the offender has attained his purpose or, that he has not attained his purpose

Art 284 bond from good behaviormay be imposed Notes:

1. (only in these offenses)

2. The wrong does not amount to a crime

J. BOND FOR GOOD BEHAVIOR: (284)

K. ELEMENTSOF OTHER LIGHT THREATS:(285)

1. Person shall threaten another with a weapon, or draw weapon in a quarrel unless in self-
defense.

2. In the heat of anger, person orally threatens another with some harm constituting a crime,
without persisting in the idea involved in the threat. Subsequent acts did not persist.

3. Person orally threatens another with harm not constituting a felony.

L. ELEMENTSOF GRAVE COERCIONS:(286)

1. That a person prevented another from doing something OR not to do something against his
will, be it right or wrong;

2. That the prevention or compulsion be effected by violence, of force as would produce

intimidation and control the will.

3. That the person that restrained the will and liberty by 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.

M. ELEMENTSOF LIGHT COERCIONS:(287)

1. That the offender must be a creditor.

2. That he seizes anything belonging to his debtor.

3. That the seizure of the thing be accomplished by means of violence or a display of material
force producing intimidation;

4. That the purpose of the offender is to apply the same to the payment of the debt.

N. ELEMENTSOF OTHER SIMILAR COERCIONS:(288)

ELEMENTSOF NO. 1

1. That the offender is any person, agent or officer of any association or corporation.

2. That he or such firm or corporation has employed laborers or employees.

3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or

compelled, any of his or its laborers or employees to purchase merchandise or commodities of
any kind from his or from said firm or corporation.

ELEMENTSOF NO. 2

1. That the offender pays the wages due a laborer or employee employed by him by means of
tokens or objects.

2. That those tokens or objects are other than the legal tender currency to the Philippines.

3. That such employee or laborer does not expressly request that he be paid by means of
tokens or objects.

O. ELEMENTS OF FORMATION, MAINTENANCE,AND PROHIBITION OF COMBINATION OF

CAPITAL OR LABOR THROUGHVIOLENCEOR THREATS:(289)

1. That the offender employs violence or threats, in such a degree as to compel or force the
laborers or employers in the free and legal exercise of their industry or work

2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of
laborers or lockout of employees.
III. DISCOVERY AND REVELATION OF SECRETS

A. ELEMENTSOF DISCOVERINGSECRETSTHROUGHSEIZURE OF CORRESPONDENCE:(290)

1. That the offender is a private individual or even a public officer not in the exercise of his
official function,

2. That he seizes the papers or letters of another.

3. That the purpose is to discover the secrets of such another person.

4. That offender is informed of the contents or the papers or letters seized.

Notes:
1. Not applicable to parents with respect to minor children

2. Contents need not be secret but purpose prevails

3. Circumstances qualifying the offense: when the offender reveals contents of such papers or
letters of another to a 3rd person, the penalty is higher

B. ELEMENTSOF REVEALINGSECRETSWITH ABUSE OF OFFICE: (291)

1. That the offender is a manager, employee or servant.

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

3. That he reveals such secrets.

C. ELEMENTSOF REVELATIONOF INDUSTRIALSECRETS:(292)

1. That the offender is a person in charge, employee or workman of a manufacturing or

industrial establishment.

2. That the manufacturing or industrial establishment has a secret of the industry which the
offender has learned.

3. That the offender reveals such secrets.

4. That the prejudice is caused to the owner.

TITLE TEN
I. CRIMES AGAINST PROPERTY
A. ELEMENTSOF ROBBERYIN GENERAL:(293)

1. That there be personal property belonging to another.

2. That there is unlawful taking of that property.

3. That the taking must be with intent to gain, and

4. That there is violence against or intimidation of any person, or force upon anything.
Notes:

1. Belonging to another – person from whom property was taken need not be the owner,
legal possession is sufficient

2. Name of the real owner is not essential so long as the personal property taken does not
belong to the accused except if crime is robbery with homicide

3. Taking of personal property – must be unlawful; if given in trust – estafa

4. As to robbery with violence or intimidation – from the moment the offender gains
possession of the thing even if offender has had no opportunity to dispose of the same, the
unlawful taking is complete

5. As to robbery with force upon things – thing must be taken out of the building

6. Intent to gain – presumed from unlawful taking

7. Taking must not be under the claim of title or ownership

8. When there ’s no intent to gain but there is violence in the taking – grave coercion

9. Violence or intimidation must be against the person of the offended party, not upon the
thing

10. General rule: violence or intimidationmust be present before the “taking” is complete

11. Except: when violence results in – homicide, rape, intentional mutilation or any of the
serious physical injuries in par 1 and 2 of art 263, the taking of the property is robbery
complexedwith any of these crimes under art 294, even if taking is already complete when
violence was used by the offender

12. Use of force upon things – entrance to the building by means described in arts 299 and
302 (offendermust enter)

13. When both violence or intimidation and force upon things concur – it is robbery with
violence

Robbery with Grave threats

Grave coercion
violence

Intent to gain No intent to gain None

Intimidation (effect) is
Intimidation;
immediate and offended party is
promises some
Immediate harm compelled to do something
future harm or
against his will (w/n right or
injury
wrong)
 Robbery Bribery

X didn’t commit crime but is X has committed a crime and

intimidated to deprive him of his gives money as way to avoid
property arrest or prosecution
Deprived of Php thru force or Giving of Php is in one sense
intimidation voluntary
Transaction is voluntary and
Neither
mutual
Ex. defendant demands payment of
P2.00 with threats of arrest and
prosecution, therefore, robbery
because (a) intent to gain and (b)
immediate harm

A. ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATIONOF PERSON:

(294)

Acts punishedas robberywith violence against or intimidationof persons

By reason or on occasionof the robbery,the followingare committed:

1. homicide

2. robbery accompanied with rape or intentional mutilation, SPI – insane, imbecile, impotent
or blind

3. SPI – lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member,
incapacitated for work habitually engaged in

4. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime
or when in the cause of its execution – SPI/deformity, or shall have lost any part of the body or
the use thereof or shall have been ill or incapacitated for the performance of the work for > 90
days; > 30 days

5. Any kind of robbery with less serious physical injuries or slight physical injuries

Notes:
1. special complex crimes (specific penalties prescribed)

1. robbery with homicide – if original design is robbery and homicide is committed –

robbery with homicide even though homicide precedes the robbery by an appreciable
time. If original design is not robbery but robbery was committed after homicide as an
afterthought – 2 separate offenses. Still robbery with homicide – if the person killed was
an innocent bystander and not the person robbed and if death supervened by mere
accident.

2. robbery with rape – intent to commit robbery must precede rape. Prosecution of the
crime need not be by offended party – fiscal can sign the information. When rape and
 homicide co-exist, rape should be considered as aggravating only and the crime is still
robbery with homicide

3. robbery with intimidation – acts done by the accused which by their own nature or
by reason of the circumstances inspire fear in the person against whom they are directed

4. qualifying circumstances in robbery with violence or intimidation of persons, if any of

the offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed:

1. in an uninhabited place or

2. by a band or

3. by attacking a moving train, street car, motor vehicle or airship, or

4. by entering the passenger ’s compartments in a train, or in any manner taking

the passengers thereof by surprise in the respective conveyances, or

5. on a street, road, highway or alley and the intimidation is made with the use
of firearms, the offender shall be punished by the max period of the proper
penalties prescribed in art 294

B. QUALIFIEDROBBERYWITH VIOLENCEOR INTIMIDATION(295)

Notes:
1. Must be alleged in the information

2. Can ’t be offset by generic mitigating

3. Art 295 will not apply to: robbery w/ homicide, rape or SPI under par 1 of art 263

C. ROBBERYBY A band: (296)

notes:
1. More than 3 armed malefactors

2. Liability for the acts of the other members of the band

3. Conspiracy to commit robbery with homicide – even if less than 4 armed men

4. Conspiracy to commit robbery only but homicide was committed also on the occasion
thereof – all members of the band are liable for robbery with homicide

5. Conspiracy is presumed when 4 or more armed persons committed robbery

6. Unless the others attempted to prevent the assault – guilty of robbery by band only

1. he was a member of the band

2. he was present at the commission of a robbery by that band

3. other members of the band committed an assault

4. he did not attempt to prevent the assault

D. ATTEMPTED OR FRUSTRATED ROBBERYWITH HOMICIDE:(297)

Notes:
1. Whether robbery is attempted or frustrated, penalty is the same

2. Where offense committed is attempted or frustrated robbery with serious physical injuries –
article 48 is applicable

E. ELEMENTSOF EXECUTIONOF DEEDS BY MEANSOF VIOLENCEOR INTIMIDATION: (298)

1. That the offender has intent to defraud another.

2. That the offender compels him to sign, execute, or deliver any public instrument or
document.

3. That the compulsion is by means of violence or intimidation.

F. ELEMENTS OF ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE

DEVOTEDTO WORSHIP:(299)

1. That the offender entered (a) an inhabited house, or (b) public buildings, or (c) edifice
devoted to religious worship.

2. That the entrance was effected by any of the following means:

1. Through an opening not intended for entrance or egress.

2. By breaking any wall, roof, or floor or breaking any door or window.

3. By using false keys, picklocks or similar tools or.

4. By using any fictitious name or pretending the exercise of public authority.

5. That once inside the building, the offender took personal property belonging to
another with intent to gain.

Notes:
1. Includes dependencies (stairways, hallways, etc.)

2. Inhabited house – any shelter, ship or vessel constituting the dwelling of one or more
person even though temporarily absent – dependencies, courts, corals, barns, etc.

3. NOT INCLUDED – ORCHARD, LANDS FOR CULTIVATION.

4. Important for robbery by use of force upon things, it is necessary that offender enters the
building or where object may be found. NO ENTRY, NO ROBBERY

5. Entrance is necessary – mere insertion of hand is not enough (whole body); not to get out
but to enter – therefore, evidence to such effect is necessary

6. P v. Lamahang – intent to rob being present is necessary

7. Place: house or building; not car

8. Public building – every building owned, rented or used by the government (though owned
by private persons) though temporarily vacant

9. Not robbery – passing through open door but getting out of a window
10. Outside door must be broken, smashed. Theft – if lock is merely removed or door was
merely pushed

11. False keys – genuine keys stolen from the owner or any keys other than those intended
by the owner for use in the lock

12. Picklocks – speciallymade, adoptedfor commissionof robbery

13. Key – stolen not by force, otherwise, it’s robbery by violence and intimidation against
persons

14. False key – used in opening house and not furniture inside, otherwise,theft (for latter to
be robbery.,must be brokenand not just opened)

15. Gen. Rule: outside door. Exception:inside door in a separate dwelling

16. E.g. pretendingto be police to be able to enter (not pretendingafter entrance)

G. ELEMENTSOF ROBBERYWITH FORCE UPON SUBDIVISION(B) OR ART. 299

1. That the offender is inside a dwelling house, public building, or edifice devoted to religious
worship, regardless of the circumstances under which he entered it

2. That the offender takes personal property belonging to another with intent to gain, under
any of the following circumstances.

1. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle, or

2. by taking such furniture or objects away to be broken or forced open outside the
place of the robbery.

Notes:
1. Entrance ( no matter how done)

2. Offender may be servants or guests

3. Destruction of keyhole of cabinet is robbery here

4. When sealed box is taken out for the purpose of breaking it, no need to open – already
consummated robbery

5. Estafa – if box is in the custody of acc

6. Theft – if box found outside and forced open

H. ROBBERYIN AN UNINHABITEDPLACE AND BY A BAND: (300)

I. WHAT IS AN UNINHABITEDHOUSE, PUBLIC BUILDING OR BUILDING DEDICATEDTO

RELIGIOUSWORSHIPAND THEIR DEPENDENCIES:(301)

Notes:

1. dependencies – are all interior courts, corrals, warehouses, granaries or enclosed places:
 1. contiguous to the building

2. having an interior entrance connected therewith

3. which form part of the whole

2. Garage – must have 3 requirements.Exception:orchards/lands

J. ELEMENTSOF ROBBERY IN AN UNINHABITEDPLACE OR IN A PRIVATE BUILDING:(302)

1. That the 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. that any of the following circumstances was present:

3. That with intent to gain the offender took therefrom personal property belonging to
another.

1. That entrance was effected through an opening not intended for entrance or egress.

2. A wall, roof, floor, or outside door or window was broken.

3. The entrance was effected through the use of false keys, picklocks or other similar tools.

4. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken or

5. A closed or sealed receptacle was removed, even if the same be broken open elsewhere.

Notes:

1. Second kind of robbery with force upon things

2. Uninhabited place – is an uninhabited building (habitable, not any of the 3 places

mentioned)

3. Ex. warehouse, freight car, store. Exception: pigsty

4. Same manner as 299 except that was entered into was an uninhabited place or a building
other than the 3 mentioned in 299. Exception: does not include use of fictitious name or
pretending the exercise of public authority

5. Breaking of padlock (but not door) is only theft

6. False keys – genuine keys stolen from the owner or any other keys other than those
intended by the owner for use in the lock forcibly opened

K. ROBBERY OF CEREALS, FRUITS OR FIRE WOOD IN AN UNINHABITEDPLACE OR PRIVATE

BUILDING:(303)

L. ELEMENTSOF ILLEGAL POSSESSIONOF PICKLOCKSOR SIMILAR TOOLS: (304)

1. That the offender has in his possession picklocks or similar tools.

2. That such picklocks or similar tools are specially adopted to the commission of robbery.

3. That the offender does not have lawful cause for such possession.

Note: Actual use of the same is not necessary

M. ELEMENTSOF FALSEKEYS: (305)

1. Picklocks, etc.
 2. Genuine key stolen from owner.

3. Any key other than those intended by owner for use in the lock forcibly opened by the
offender

Notes:

1. Possession of false keys here not punishable

2. If key was entrusted and used to steal, not robbery (not stolen)

II. BRIGANDAGE
A. BRIGANDAGE:(306)

Brigands – more than three armed persons forming a band

Purpose:

a. Robbery in highway

1. b. Kidnapping for extortion or ransom.

1. Any other purpose to be obtained by means of force and violence.

Presumptionof Brigandage:

1. if members of lawless band and possession of unlicensed firearms (any of them)

2. possession of any kind of arms (not just firearm)

BRIGANDAGE ROBBERYIN BAND

Purposes are given Only to commit robbery, not necessarily in hi-

way

Mere formation of a
band for the above If the purpose is to commit a part robbery
purpose
Necessary to prove that band actually
committed robbery

B. ELEMENTSOF AIDING AND ABETTINGA BAND OF BRIGANDS:(307)

1. That there is a band of brigands.

2. That the offender knows the band to be of brigands.

3. That the offender does any of the following acts:

 1. he in any manner aids, abets or protects such band if brigands, or

2. he gives them information of the movements of the police or other peace officers of the
government or

3. He acquires or receives the property taken by such brigands.

Notes:
1. PD 532 – brigandage. Seizure of any person for: (a) ransom; (b) extortion or other
unlawful purpose; (c) taking away of property by violence or intimidation or force upon things
or other unlawful means

2. Committed by any person

3. On any Phil hi-way

III. THEFT
A. ELEMENTSOF THEFT: (308)

1. That there be taking of personal property.

2. That said property belongs to another.

3. That the taking be done with intent to gain.

4. That the taking be done without the consent of the owner.

5. That the taking be accomplished without the use of violence against or intimidation of
persons or force upon things.

Personsliable:

1. Those who

a) with intent to gain

b) but without violenceagainst or intimidationof personsnot force upon things

c) take

d) personalproperty

e) of another

f) withoutthe latter’s consent

1. Those who

a) having found lost property

b) fail to deliver the same to local authoritiesor its owner

Notes:

1. Retention of money/property found is theft. Retention is failure to return (intent to gain)

2. Knowledge of owner is not required, knowledge of loss is enough

3. Finder in law is liable

4. Those who

a) after having maliciouslydamagedthe propertyof another

b) remove or make use of the fruits or object of the damagecaused by them

Note: Killingof cattle of another which destroyedhis propertyand gettingmeat for himself

1. Those who

a) enter an enclosed estate or a field where

b) trespass is forbidden or which belongs to another and, without the consent of its
owner

c) hunts or fish upon the same or gather fruits, cereals or other forest or farm products

Notes:

1. Theft is consummated when offender is able to place the thing taken under his control and
in such a situation as he could disclose of it at once (though no opportunity to dispose) i.e, the
control test

2. P v. Dino – applies only in theft of bulky goods (meaning there has to be capacity to
dispose of the things). Otherwise, P v. Espiritu – full possession is enough

3. Servant using car without permission deemed qualified theft though use was temporary

4. Reyes says: there must be some character of permanency in depriving owner of the use of
the object and making himself the owner, therefore must exclude “joyride ”

5. Theft: if after custody (only material possession) of object was given to the accused, it is
actually taken by him (no intent to return) e.g. felonious conversion. But it is estafa if juridical
possession is transferred e.g., by contract of bailment

6. Includes electricity and gas

1. inspector misreads meter to earn

2. one using a jumper

7. Selling share of co-partner is not theft

8. Salary must be delivered first to employee; prior to this, taking of Php is theft

9. If offender claims property as his own (in good faith) – not theft (though later found to be
untrue. If in bad faith – theft)

10. Gain is not just Php – satisfaction,use, pleasuredesired, any benefit (e.g. joyride)

11. Actual gain is not necessary(intent to gain necessary)

12. Allege lack of consent in info is important

B. ELEMENTSOF HUNTING,FISHING OR GATHERING FRUITS,ETC. IN ENCLOSEDESTATE

(PAR. NO.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, and

4. That the hunting or fishing or gathering of products is without the consent of the owner.

Note: Fish not in fishpond,otherwise,qualified

C.PENALTIESFOR QUALIFIEDTHEFT; (309)

D. ELEMENTSOF QUALIFIEDTHEFT: (310)

1. Committed by domestic servant, or

2. With grave abuse of confidence, or

3. Property stolen is:

1. motor vehicle

2. mail matter

3. large cattle

4. coconut from plantation

5. fish from fishpond or fishery, or

6. On occasion of calamities and civil disturbance.

Notes:
1. “grave abuse ” – high degree of confidence e.g. guests

2. no confidence, not qualified theft

3. theft – material possession ’ estafa – juridical possession

4. qualified: if done by one who has access to place where stolen property is kept e.g., guards,
tellers

5. novation theory applies only if there’s a relation

6. industrial partner is not liable for QT (estafa)

7. when accused considered the deed of sale as sham (modus) and he had intent to gain, his
absconding is QT

8. see carnapping law: RA 6539

9. motor vehicle in kabit system sold to another-theft. Motor vehicle not used as PU in kabit
system but under K of lease-estafa
 10. 10. mail matter – private mail to be QT, Not postmaster – Art. 226

11. theft of large cattle

E. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL

MUSEUM:(311)

IV. USURPATION
A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN
PROPERTY:(312)

1. That the offender takes possession of any real property or usurps any real rights in property.

2. That the real property or real rights belong to another.

3. That violence against or intimidation of persons is used by the offender in occupying real
property or usurpation real rights in property.

4. That there is intent to gain.

B. ELEMENTSOF ALTERINGBOUNDARIESOR LANDMARKS:(313)

1. That there be boundary marks or monuments of towns, provinces, or estates, or any other
marks intended to designate the boundaries of the same.

2. That the offender alters said boundary marks.

V. CULPABLE INSOLVENCY

A. ELEMENTSOF FRAUDULENTINSOLVENCY:(314) (culpableinsolvency)

1. That the offender is a debtor; that is, he was obligations due and payable.

2. That he absconds with his property.

3. That there be prejudice to his creditors.

VI. SWINDLING AND OTHER DECEITS

A. ELEMENTS OF ESTAFA IN GENERAL: (315)
1. That the accused defrauded another (a.) by abuse of confidence, or (b) or means of deceit
and

2. That damage or prejudice capable of pecuniary estimation is caused to the offended party
or third person
B. ELEMENTSOF ESTAFA WITH UNFAITHFULNESS:(315)

1. That the offender has an onerous obligation to deliver something of value.

2. That he alters its substance, quantity, or quality.

3. That damage or prejudice is caused to another.

C. ELEMENTSOF ESTAFA WITH ABUSE OF CONFIDENCEUNDERSUBDIVISIONNO.1 PAR.(B),

OF ART.315

1. That money, goods, or other personal property be received by the offender in trust, or on
commission, or for administration, or under any other obligation involving the duty to make
delivery of or to return, the same.

2. That there be misappropriation or conversion of such money or property by the offender, or

dental on his part of such receipt.

3. that such misappropriation or conversion or dental is to the prejudice of another and

4. That there is a demand made by the offended party to the offender.

D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH (B),

SUBDIVISIONN0.1, ART. 315 = 3 WAYS OF COMMITTING:

1. By misappropriating the thing received.

2. By converting the thing received.

3. By denying that the thing was received.

Notes:

1. Unfaithful or Abuse of Confidence

a. by altering the substance

b. existingobligationto deliver – even if it is not a subject of lawful commerce

c. thing delivered has not been fully or partially paid for – not estafa

3. no agreement as to quality – No estafa if delivery is unsatisfactory

1. By misappropriating and converting

1. thing is received by offender under transactions transferring juridical possession, not

ownership

2. under PD 115 (Trust Receipts Law) – failure to turn over to the bank the proceeds of the
sale of the goods covered by TR – Estafa

3. same thing received must be returned otherwise estafa; sale on credit by agency when it
was to be sold for cash – estafa

4. Estafa – not affected by Novation of Contract because it is a public offense

5. Novation must take place before criminal liability was incurred or perhaps prior to the filing
 of the criminal information in court by state prosecutors

6. Misappropriating – to take something for one’s own benefit

g. Converting – act of using or disposing of another’s propertyas if it was one’s own; thing
has been devoted for a purpose or use different from that agreed upon

1. There must be prejudice to another – not necessary that offender should obtain gain

2. When in the prosecution for malversation the public officer is acquitted, the private
individual allegedly in conspiracy with him may be held liable for estafa

9. Partners – No estafa of money or property received for the partnership when the business is
commercial and profits accrued. BUT if property is received for specific purpose and is
misappropriated – estafa!

10. Failure to account after the DEMAND is circumstantial evidence of misappropriation

11. DEMAND is not a condition precedent to existence of estafa when misappropriation may
be established by other proof

12. In theft, upon delivery of the thing to the offender, the owner expects an immediate
return of the ting to him – otherwise, Estafa

13. Servant, domestic or employee who misappropriates a thing he received from his master is
NOT guilty of estafa but of qualified theft

Estafa with Abuse of Confidence Malversation

offenders are entrusted with

Offenders are entrusted with funds or
funds or property and are
property and are continuing offenses
continuing offenses
Funds: always private Funds: public funds or property
Offender: private individual, or public Offender: public officer
officer not accountable accountable for public funds

Committed by misappropriating, Committed by appropriating,

converting, denying having received taking,
money misappropriating

E. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATUREIN BLANK:

(315)

1. That the paper with the signature of the offended party be in blank.

2. That the offended party should have delivered it to offender.

3. That above the signature of the offended party a document is written by the offender
without authority to do so.

4. That the document so written creates a liability of, or causes damage to, the offended party
or any third person.

Note: If the paper with signature in blank was stolen – Falsification if by making it appear
that he participatedin a transactionwhen in fact he did not so participate.

F. ELEMENTSOF ESTAFA BY MEANS OF DECEIT: (315)

1. that there must be a false pretense, fraudulent means must be made or executed prior to or

2. That such false pretense, fraudulent act or fraudulent means must be made or executed
prior to or simultaneously with the commission of the fraud.

3. That the offended party must have relied on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to part with his money or property because of the
false pretense, fraudulent act, or fraudulent means.

4. That as a result thereof, the offended party suffered damage.

Notes:
1. False pretenses or fraudulent acts – executed prior to or simultaneously with delivery of the
thing by the complainant

2. There must be evidence that the pretense of the accused that he possesses power/influence
is false.

G. ELEMENTSOF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF

AN OBLIGATION:(315)

1. That the offender postdated a check, or issued a check in payment of an obligation.

2. That such postdatig 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.

Notes:

1. good faith is a defense. (PP. VS. VILLAPANDO , 56 PHIL.31)

2. dishonor from lack of funds to prima facie evidence of deceit or failure to make good within
three days after notice of.

3. No funds in the bank or his funds are not sufficient

4. If check was issued in payment of pre-existing debt – no estafa

5. Offender must be able to obtain something from the offended party by means of the check
he issues and delivers

6. If postdating a check issued as mere guarantee/promissory note – no estafa.

H. ELEMENTSOF OFFENSEDEFINED IN THE FIRST PARAGRAPH OF SECTION1: BP 22

1. That a person makes or draws and issues any check.

2. That the check is made or drawn and issued to apply on account or for value.

3. That the person who makes or draws and issues the check knows at the time of issue that
he does not have sufficient funds in or credit with the drawee bank for the payment of such
check in full upon its presentment.

1. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or
credit, or would have been

dishonored for the same reason had not the drawee, without any valid reason, ordered the
bank to stop payment.

Note: Failure to make good within 5 bankingdays prima facie evidence of knowledgeof lack
and insufficiency

I. ELEMENTSOF THE OFFENSEDEFINED IN THE SECONDPARAGRAPHOF SECTION1: BP 22

1. That a person has sufficient funds in or credit with the drawee bank when he makes or
draws and issues a check.

2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the
check if presented within

a period of 90 days from the date appearingthereon.

1. That the check is dishonored by the drawee bank.

Note: Failure to make good within 5 banking days prima facie evididence of knowledge of
lack and insufficiency

J. BY OBTAINING FOOD OR CREDITAT HOTELS,INNS, RESTAURANTS ETC.

K. ELEMENTSOF ESTAFA BY INDUCINGANOTHERTO SIGN ANY DOCUMENTS:(315)

1. That the offender induced the offended party to sign a document.

2. That deceit be employed to make him sign the document.

3. That the offended party personally signed the document.

4. That prejudice be caused.

Note: If offended party willingly signed the document and there was deceit as to the
character or contents of the document – falsification; but where the accused made
representationto mislead the complainantsas to the characterof the documents – estafa

L. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS:

(315)

1. That there be court records, office files, documents or any other papers.

2. That the offender removed, concealed or destroyed any of them.

3. That the offender had intent to defraud another.

Note: No intent to defraud – destroyingor removal = maliciousmischief

M. DAMAGEOR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION: (315) (second element

of any form of estafa)

THE ELEMENTSOF DAMAGEOR PREJUDICEMAY CONSIST OF THE FF.:

1. The offender party being deprived of his money or property, as a result of the defraudation.

2. Disturbance in property right or

 3. Temporary prejudice.

N. ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING, SELLING, ENCUMBERING, OR

MORTGAGING ANY REAL PROPERTY,PRETENDINGTO BE THE OWNER OF THE SAME: (316)

1. That the thing be immovable, such as a parcel of land or a building.

2. That the offender who is not the owner of said property represented that he is the owner
thereof.

3. That the offender should have executed an act of ownership (selling, leasing, encumbering
or mortgaging the real property).

4. That the act be made to the prejudice of the owner or a third person.

ESTAFA INFIDELITYIN THE CUSTODY OF DOCUMENTS

Private individualwas
Publicofficer entrusted
entrusted

Intent to defraud No intent to defraud

O. ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING OF REAL PROPERTY AS FREE FROM

ENCUMBRANCE,ALTHOUGHSUCH ENCUMBRANCEBE NOT RECORDED:(316)

1. that the thing disposed of be real property.

2. That the offender knew that the real property was encumbered, whether the encumbrance
is recorded or not.

3. That there must be express representation by the offender that the real property is free
from encumbrance.

4. That the act of disposing of the real property be made to the damage of another.

P. ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY TAKING BY THE OWNER HIS

PERSONALFROM ITS LAWFUL POSSESSOR:(316)

1. That the offender is the owner of personal property.

2. That said personal property is in the lawful possession of another.

3. That the offender wrongfully takes it from its lawful possessor.

4. That prejudice is thereby caused to the possessor or third person.

Q. ELEMENTSOF SWINDLING(PAR. 6) BY SELLING,MORTGAGINGOR ENCUMBERINGREAL

PROPERTY OR PROPERTIESWITH WHICH THE OFFENDERGUARANTEEDTHE FULFILLMENT
OF HIS OBLIGATIONAS SURETY:(316)

1. That the offender is a surety in a bond given in a criminal or civil action.

2. That he guaranteed the fulfillment of such obligation with his real property or properties.

3. That he sells, mortgages, or, in any other manner encumbers said real property.

4. That such sale, mortage or encumbrance is (a) without express authority from the court, or
 (b) made before the cancellation of his bond, or (c) before being relieved from the obligation
contracted by him.

R. ELEMENTSOF SWINDLINGA MINOR: (317)

1. That the offender takes advantage of the inexperience or emotions or feelings of a minor.

2. That he induces such minor (a) ro assume an obligation, or (b) to give release, or (c) to
execute a transfer of any property right.

3. That the consideration is (a) some loan of money (b) credit or (c) other personal property.

4. That the transaction is to the detriment of such minor.

S. ELEMENTSOF OTHER DECEITS:(318)

1. not mentioned above;

2. interpretation of dreams, forecast, future-telling for profit or gain.

VII. CHATTEL MORTGAGE

A. ELEMENTSOF SELLING OR PLEDGINGPERSONALPROPERTYALREADYPLEDGED:(319)

1. That personal property is already pledged under the terms of the chattel mortgage law.

2. That the offender, who is the mortgagee of such property, sells or pledges the same or any
part thereof.

3. That 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.

B. ELEMENTSOF KNOWINGLYREMOVINGMORTGAGEDPERSONALPROPERTY:(319)

1. that personal property is mortgaged under the chattel mortage law.

2. That the offender knows that such property is so mortaged.

3. That he removes such mortgaged personal to any province or city other than the one in
which it was located at the time of the execution of the mortgage.

4. that the removal is permanent.

5. That there is no written consent of the mortgagee or his executors, administration or

assigns to such removal.

VIII. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

(Note: PD 1613 expresslyrepealed or amended Arts 320-326, but PD 1744 revived Art 320)

A. ELEMENTSOF ARSONS OF PROPERTYOF SMALL VALUES

1. That an uninhabited hut, storehouse, barn, shed or any other property is burned

2. That the value of the property burned does not exceed 25 pesos

3. That the burning was done at a time or under circumstances which clearly exclude all
danger of the fire spreading
B. ELEMENTSOF CRIME INVOLVING DESTRUCTION

1. That the offender causes destruction of the property

2. That the destruction was done by means of:

1. explosion

2. discharge of electric current

3. inundation

4. sinking or stranding of a vessel

5. damaging the engine of the vessel

6. taking up rails from the railway track

7. destroying telegraph wires and posts or those of any other system

8. other similar effective means of destruction

C. ELEMENTSOF BURNINGONE’S PROPERTYAS A MEANS TO COMMIT ARSON

1. That the offender set fire to or destroyed his own property

2. That the purpose of the offender in doing so was to commit arson or to cause a great
destruction

3. That the property belonging to another was burned or destroyed

D. ELEMENTSOF ARSON

1. That the property burned is the exclusive property of the offender

2. That (a) the purpose of the offender is burning it is to defraud or cause damage to another
or (b) prejudice is actually caused, or (c) the thing burned is a building in an inhabited place

IX. MALICIOUS MISCHIEF

A. ELEMENTSOF MALICIOUSMISCHIEF:(326)

1. That the offender deliberately caused damage to the property of another.

2. That such act does not constitute arson or other crimes involving destruction.

3. That the act damaging another ’s property be committed merely for the sake of damaging it.

Notes:
1. Malicious mischief – willful damaging of another ’s property for the sake of causing damage
due to hate, revenge or other evil motive

2. No negligence

3. Example. Killing the cow as revenge

4. If no malice – only civil liability

 5. Damage is also diminution in value

6. But after damaging the thing, he used it = theft

7. Damage is not incident of a crime (breaking windows in robbery)

B. SPECIALCASES OF MALICIOUSMISCHIEF:(328)

1. Obstruct performance of public functions.

2. Using poisonous or corrosive substances.

3. Spreading infection or contagious among cattle.

4. Damage to property of national museum or library, archive, registry, waterworks, road,

promenade, or any other thing ised in common by the public.

Note: Qualifiedmaliciousmischief – no uprisingor sedition (#1)

C. ELEMENTSOF OTHER MISCHIEF:(329)

1. Not included in 328

1. scattering human excrement

2. killing of cow as an act of revenge

D. ELEMENTSOF DAMAGEAND OBSTIVATION TO MEANSOF COMMUNICATION: (330)

Notes:
1. done by damaging railways, telegraph, telephone lines, electric wires, traction cables, signal
system of railways

2. removing rails from tracks is destruction (art 324)

3. not applicable when telegraph/phone lines don ’t pertain to railways (example: for
transmission of electric power/light)

4. people killed as a result:

5. circumstance qualifying the offense if the damage shall result in any derailment of cars,
collision or other accident – a higher penalty shall be imposed

1. murder – if derailment is means of intent to kill

2. none – art 48

E. ELEMENTS OF DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR

PAINTINGS:(331)

F. ELEMENTS OF EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY:

(332)

Personsexemptfrom criminal liability:

1. Spouse, ascendants and descendants or relatives by affinity in the same line

2. The widowed spouse with respect to the property w/c 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

Offensesinvolved in the exemption:

1. Theft

2. Swindling

3. Malicious mischief

Notes:

1. Exemption is based on family relations

2. Parties to the crime not related to the offended party still remains criminally liable

3. Persons exempt include:

1. stepfather/mother (ascendants by affinity)

2. adopted children (descendants)

3. concubine/paramour (spouse)

4. common law spouse (propert is part of their earnings)

TITLE ELEVEN
CRIMESAGAINST CHASTITY

A. ELEMENTSOF ADULTERY:(333)

1. That the woman is married (even if marriage subsequently declared void)

2. That she has sexual intercourse with a man not her husband.

3. That as regards the man with whom she has sexual intercourses, he must know her to be
married.

Notes:
1. mitigated if wife was abandoned without justification by the offended spouse (man is not
entitled to this mitigating circumstance)

2. attempted: caught disrobing a lover

B. ELEMENTSOF CONCUBINAGE:(334)

1. That the man must be married.

2. That he committed any of the following acts:

1. Keeping a mistress in the conjugal dwelling.

2. Having sexual intercourse under scandalous circumstances with a woman who is not
his wife.

3. Cohabiting with her in any other place.

3. That as regards the woman she must know him to be married.

Note: “Scandal” consists in any reprehensible word/deed that offends public conscience,
redounds to the detriment of the feelings of honest persons and gives occasions to the
neighbor’s spiritualdamage and ruin

C. ELEMENTSOF ACTS OF LASCIVIOUSNESS:(336)

1. That the offender commits any act of lasciviousness or lewdness.

2. That it is done under any of the following circumstances:

1. by using force or intimidation, or

2. when the offended party is deprived of reason or otherwise unconscious, or

3. when the offended party is under 12 years of age.

3. That the offended party is another person of either sex.

D. ELEMENTSOF QUALIFIEDSEDUCTIONOF A VIRGIN: (337)

Two classes of qualifiedseduction:

1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person
in authority, priest, teachers etc and

2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age
or reputation (incestuous seduction)

Elements:

1. That the offended party is a virgin, which is (presumed if she unmarried and of good
reputation.)

2. That she must be over 12 and under 18 years of age.

3. That the offender has sexual intercourse with her.

4. That there is abuse of authority, confidence or relationship on the part of the offender (
person entrusted with education or custody of victim; person in public authority, priest; servant)

Personsliable:

1. Those who abuse their authority:

1. persons in public authority

2. guardian

3. teacher

4. person who, in any capacity, is entrusted with the education or custody of the
woman seduced

2. Those who abused the confidence reposed in them:

1. priest

2. house servant

3. domestic

3. Those who abused their relationship:

 1. brother who seduced his sister

2. ascendant who seduced his descendant

E. ELEMENTSOF SIMPLE SEDUCTION:(338)

1. That the offended party is over 12 and under 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 it is committed by means of deceit.

Note: commonform is unconditionalpromise to marry

F. ELEMENTSOF ACTS OF LASCIVIOUSNESSWITH THE CONSENTOF THE OFFENDEDPARTY:

(339)

1. that the offender commits acts of lasciviousness or lewdness.

2. That the acts are committed upon a woman who is virgin or single or widow of good
reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her
reputation or age.

3. that the offender accomplishes the acts by abuse of authority, confidence, relationship, or
deceit.

G. ELEMENTSOF CORRUPTIONOF MINORS: (340)

Act punishable: By promoting or facilitating the prostitution or corruption of persons

underageto satisfy the lust of another

H. ELEMENTSOF WHITE SLAVE TRADE: (341)

Acts penalized

1. Engagingin the business of prostitution

2. Profitingby prostitution

3. Enlistingthe servicxeof women for the purpose of prostitution

I. ELEMENTSOF FORCIBLEABDUCTION:(342)

1. That the person abducted is any woman, regardless of her age, civil status, or reputation.

2. That the abduction is against her will.

3. That the abduction is with lewd designs.

Note: Sexualintercourseis NOT necessary

Crimes against chastity where age and reputation of victim are immaterial: rape, acts of
lasciviousness,qualifiedseductionof sister/descendant,forcible abduction.
J. ELEMENTSOF CONSENTEDABDUCTION:(343)

1. That the offended party must be a virgin.

2. That she must be over 12 and under 18 years of age.

3. That the taking away of the offended party 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.

K. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND

ACTS OF LASCIVIOUSNESS(344)

1. Adultery and concubinage must be prosecuted upon complaint signed by the offended
spouse

2. Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint

signed by:

1. offended party

2. by her parents

3. grandparents

4. guardians in the order in which they are named above

Note: Marriage of the offender with the offended party extinguishesthe criminal action or
remit the penalty already imposed upon him. This applies as well to the accomplices,
accessories-after-the-fact.But marriages must be in good faith. This rule does not apply in
case of multiplerape.

L. Civil liability of persons guilty of rape, seductionor abduction(345)

1. To idemnify the offended women

2. To acknowledge the offspring, unless the law should prevent him from doing so

3. In every case to support the offspring

M. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY OF

OFFENDEDPARTY WHO BY ABUSEOF AUTHORITYOR CONFIDENCESHALL COOPERATEAS
ACCOMPLIES:(346)
TITLE TWELVE

CRIMESAGAINST THE CIVIL STATUS OF PERSONS

A. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND

CONCEALMENTOR ABANDONMENTOF A LEGITIMATECHILD: (347)

Acts Punished:

1. Simulationof births

2. Substitutionof one child for another

3. Concealingor abandoningany legitimate child with the intent to cause such child to lose
its civil status

Requisites:

1. The child must be legitimate

2. The offender conceals or abandons such child

3. The offender has the intent to cause the child to lose its civil status

Elementsof Simulationof Birth:

1. Child is baptized or registered in the Registry of birth as hers

2. Child loses its real status and acquiires a new one

3. Actor ’s purpose was to cause the loss of any trace as to the child ’s true filiation

B. USURPATIONOF CIVIL STATUS: (348)

Notes:

1. Committed by a person who represents himself as another and assumes the filiation or
rights pertaining to such person

2. There must be criminal intent to enjoy the civil rights of another by the offender knowing
he is not entitled thereto

3. Committed by asuming the filiation, or the parental or conjugal rights of another

4. Circumstances qualifying the offense: penalty is heavier when the purpose of the
impersonation is to defraud the offended party or hios heirs.

C. ELEMENTSOF BIGAMY: (349)

1. That the offender has been legally married.

 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.

Notes:
1. The crime does not fall within the category of private crimes that can be prosecuted only at
the instance of the offended party

2. A simulated marriage is not marriage at all and can be used as a defense for bigamy

3. There must be a summary proceeding to declare the absent spouse presumptively dead for
purposes of remarriage

4. Failure to exercise due diligence to ascertain the whereabouts of the 1 st wife is bigamy
through reckless imprudence

5. A judicial declaration of the nullity of a marriage void ab initio is now required

6. One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses

7. One who vouches that there is no legal impediment knowing that one of the parties is
already married is an accomplice.

D. ELEMENTSOF MARRIAGECONTRACTEDAGAINSTPROVISIONSOF LAWS:(350)

1. That the offender contracted marriage.

2. That he knew at the time that

1. the requirement of the law were not complied with, or

2. The marriage was in disregard of a legal impediment.

Note: Circumstance qualifying the offense: if either of the contracting parties obtains the
consent of the other by means of violence, intimidationor fraud.

E. ELEMENTSOF PREMATUREMARRIAGE:(351)

Acts punished:

1. A widow who within 301 days from death of husband, got married or before her delivery, if
she was pregnant at the time of his death

2. A woman whose marriage having been dissolved or annulled, married before her delivery or
within 301 days after the legal separation.

F. ELEMENTSOF PERFORMANCEOF ILLEGALMARRIAGECEREMONY:(352)

Act punished: performance of any illegal marriage ceremony by a priest or minister of any
religiousdenominationor sect or by civil authorities
TITLE THIRTEEN

CRIMESAGAINST HONOR

A. ELEMENTSOF LIBEL DEFAMATION: (353)

1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any
act, omission, condition, status, or circumstances.

2. That the imputation must be made publicly.

3. That it must be malicious.

4. That the imputation must be directed at 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.

Notes:

1. Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or
any act, commission, condition, status or circumstances tending to cause the dishonor, discredit
or contempt of a natural or juridical person, or to blacken the memory of one who is dead

2. Kinds of malice: (a) malice in law; (b) malice in fact

3. Malice is presumed to exist in injurious publications

4. Publication is the communication of the defamatory matter to some third person/s

5. Person libeled must be identified. But the publication need not refer by name to the libeled
party. If not named it must be shown that the description of the person referred to in the
defamatory publication was sufficiently clear so that at least a 3rd person would have identified
the plaintiff.

6. There are as many crimes as there are persons defamed.

7. To presume publication there must be a reasonable probability that the alleged a libelous
matter was thereby exposed to be read or seen by 3 rd persons.

Criterionto determinewhetherstatementsare defamatory

1) words are calculated to induce the hearers to suppose and understand that the person
against who they are uttered were guilty of certain offenses, or are sufficient to impeach
their honesty,virtue or reputation,or to hole the person up to public ridicule(US v O’Connel)

2 )construednot only as to the expressionused but also with respect to the whole scope and
apparentobject of the writer.(P v Encarnacion)
 Libel Perjury

-false accusation need not be made -false accusationis made under oath
under oath

Newsweek v IAC

Newsweek portrayed the island province of Negros Occidental as a place dominated by big
landowners.Plaintiffsare associationsof sugarcaneplanters. HELD: Dismissed.To maintaina
libel suit, the specific victim must be identifiable.Defamatoryremarks directed at a group of
persons are not actionableunless the statementsare all-embracingor sufficientlyspecific for
victim to be identifiable. An action for libel allegedly directed against a group of sugar
planters cannot be done by resort to filing a class suit as each victim has his specific
reputation to protect. In this case, each of the plaintiffs has a separate and distinct
reputationin the community.

A. REQUIREMENTOF PUBLICITY:(354)

Kinds of privilegedcommunication

1. Absolutely privileged – not actionable even if the actor has acted in bad faith

2. Qualifiedly privileged – those which although containing defamatory imputations could not
be actionable unless made with malice or bad faith

General Rule:

Every defamatoryimputation is presumed malicious even if it be true, if no good intention

and justifiablemotive for making it is shown

Exception:
1. private communication in performance of legal, moral or social duty

Requisites:

1. that the person who made the communication had a legal, moral or social duty to make the
communication or at least he had an interest to be upheld

2. that the communication is addressed to an officer or a board, or superior, having some

interest or duty on the matter

3. that the statements in the communication are made in good faith without malice in fact

4. fair and true report, made in good faith, without any comments and remarks

Requisites:

1. that the publication of a report of an official proceeding is a fair and true report of a judicial,
legislative, or other official proceedings which are not of confidential nature, or of a statement,
report, or speech delivered in said proceedings, or of any other act performed by a public officer

2. that it is made in good faith

3. that it is made without any comments or remarks

Santos v CA

HELD: No malice, he simply furnished the readers with the info that a complaint has been
filed against the brokerage firm and reproduced the pleading verbatim with no
embellishments.

B. LIBEL BY MEANSOF WRITINGOR SIMILAR MEANS:(355)

Note: Enumeratesthe means by which libel may be committed:writing,printing, lithography,

engraving, radio phonograph, painting, theatrical or cinematographic exhibitions or any
similar means

C. THREATENINGTO PUBLISH LIBEL AND OFFER TO PREVENT SUCH PUBLICATIONFOR A

COMPENSATION: (356)

Note: Clearly, just a case of blackmail-any unlawful extortion of money by threats of

accusationand exposure

-possiblein light threats Art 283 and in threat to publish Art 356.

D. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF

OFFICIALPROCEEDINGS:(357)
1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine.

2. That he publishes facts connected with the private life of another.

3. That such facts are offensive to the honor, virtue and reputation of said person.

Note:

Even though made in connection with or under the pretext that it is necessary in the
narration of any judicial or administrative proceedings wherein such facts have been
mentioned.

Lacsa v IAC

Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be
president. He wrote to the BOD and to Marquez. He caused to publish the second letter.
HELD: Letter is not privileged communication.To be classified as such it must be free from
malice. Granting that the letter was privileged communication,written out of a duty of an
officer towards the members,such characterwas lost when it was published.

E. ELEMENTSOF ORAL DEFAMATION/SLANDER: (358)

1. action of a serious and insulting nature (Grave slander)

2. light insult or defamation – not serious in nature (simple slander)

Factors that determinegravityof the offense:

a) expressionsused

b) personalrelations of the accused and the offendedparty

c) circumstancessurroundingthe case

Notes:

Words utteredin the heat of anger constitutelight oral defamation(P v Doronilla)

If the utteranceswere made publicly and were heard by many people and the accused at the
same time levelled his finger at the complainant,oral defamationis committed(P v Salleque)

F. ELEMENTSOF SLANDERBY DEED: (359)

1. That the offender performs any act not included in any other crime against honor.

2. That such act is performed in the presence of other person or persons.

3. That such act casts dishonor, discredit or contempt upon the offended party.

Notes:

a. Seriousness depends on the social standing of offended party, the circumstances

surroundingthe act, the occasion,etc.

b. The acts of slapping and boxing the woman, a teacher, in the presence of many people
has put her to dishonor,contemptand ridicule.(P v Costa)

P v Motita

Accused held a mirror between the legs of complainant to reflect her private parts. The
crowd laughed. Guilty of slander by deed.

Distinctions:

a. Unjust Vexation-irritation or annoyance/anything that annoys or irritates without

justification.

b. Slander by Deed-irritationor annoyance+ attendantpublicityand dishonor or contempt.

c. Acts of lasciviousness-irritationor annoyance + any of 3 circumstanceprovided in Art335

of RPC on rape

i. use of force or intimidation

ii.deprivationof reason or renderingthe offendedunconscious

offendedparty under 12 yrs of age+lewddesigns

PERSONS RESPONSIBLEFOR LIBEL (360)

1) Who are liable

a. person who publishes, exhibits or causes the publication or exhibition of any

defamationin writing or similar means(par.1)

b. author or editor of a book or pamphlet

c. editor or businessmanager of a daily newspapermagazineor serial publication(par.2)

d. owner of the printingplant which publishesa libelousarticle with his consent and all other
persons who in any way participatein or have connectionwith its publication(US v Ortiz)

2) Venue of criminal and civil action for damages in cases of written defamation:

a. where the libelous article is printed and 1st publishedOR

b. where any of the offended parties actually resides at the time of the commission of the
offense

3) Where one of the offendedparties is a public officer:

a. if his office is in the City of Manila

– RTC of Manila OR

– city/provincewhere the article is printed and 1st published

b. Otherwise

– RTC of the city/provincewhere he held office at the time of offense OR

– where the article is 1st published

4) Where one of the offendedparties is a private individual:

– RTC of province/citywhere he actually resides at the time of the crime

– where article was printed or 1st published

Note: Offended party must file complaint for defamationimputing a crime which cannot be
prosecuted de oficio (e.g. adultery, concubinage, rape, seduction, abduction, and acts of
lasciviousness)

Soriano v IAC

The Philippinesfollows the multiple publication rule which means that every time the same
written matter is communicated,such communicationis considered a distinct and separate
publicationof libel.

PROOF OF THE TRUTH (361)

Admissiblewhen:

a. the act or omission imputed constitutes a crime regardless of whether the offended party
is a private individualor a public officer

b. the offended party is a government employee, even if the act or omission imputed does
not constitutea crime providedit is related to the dischargeof his official duties

Requisitesfor Acquittal:

a. it appears that the matter chargedas libelous is TRUE (for situations1 and 2 above)

b. it was publishedwith good motives and for a justifiableend (for situation1 only)

Notes: The proof of the truth of the accusation cannot be made to rest upon mere hearsay,
rumors, or suspicion. It must rest upon positive direct evidence, upon which a definite
finding may be made by the court (US v Sotto)

LIBELOUSREMARKS(362)

Libelous remarks or comments on privilegedmatters (under Art. 354) if made with malice in
fact will not exemptthe author and editor.

*This article is a limitationto the defense of privilegedcommunication.

ELEMENTSOF INCRIMINATING INNOCENTPERSON: (363)

1. That the offender performs an act.

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.

Two Kinds:

a. makinga statementwhich is

i. defamatoryor

ii. perjurious(if made under oath and is false)

b. plantingevidence

Note: article is limited to plantingevidence and the like

INTRIGUINGAGAINSTHONOR (364)

How committed:

-by any person who shall make any intriguewhich has for its principalpurpose to blemishthe
honor or reputationof another person

Notes:

a. Intriguing against honor refers to any scheme or plot designed to blemish the reputation
of anotheror of such trickery or secret plot.

b. Committed by saying to others an unattributablething, if said to the person himself it is

slander.

RA4200 The Anti-WireTapping Act

Acts punished:

1) any person, not authorized by all the parties to any private communicationor spoken
word

a) taps any wire of cable OR

b) uses any other device or arrangement, to secretly overhear, intercept, or record such
communication or spoken word by using a device commonly known as a dictaphone or
dictagraphor walkie talkie or tape recorder

2) any person,whether or not a participantin the above-mentionedacts:

a) knowingly possessesany tape record, wire record, disc record, or any other such record or
copies thereof of any communicationor spoken word

b) replaysthe same for any other person

c)communicatesthe contentsthereof, whethercomplete or partial, to any other person

Notes:

a. Peace officer is exempt if acts done under lawful order of the court. You can only use the
recordingfor the case for which it was validly requested.

b. Information obtained in violation of the Act is inadmissiblein evidence in any hearing or

investigation.
c. Gaanan v IAC

An extension phone is not one of those prohibited under RA 4200. There must be either a
physical interruption through the wiretap or the deliberate installation of a device or
arrangement in order to overhear, intercept or record the spoken words. The extension
phone was not installed for such purpose.

ELEMENTSOF RECKLESSIMPRUDENCE:(365)

1. That the offender does or fails to do an act.

2. That the doing of or the failure to do that act is voluntary.

3. That it be without malice.

4. That material damage results.

5. That there is inexcusable lack of precaution on the part of the offender, taking into
consideration

1. his employment or occupation

2. degree of intelligence, physical condition, and

3. other circumstances regarding persons, time and place.

ELEMENTSOF SIMPLE IMPRUDENCE:(365)

1. That there is lack of precaution on the part of the offender.

2. That the damage impending to be caused in not immediate or the danger is not clearly
manifest.

Notes:

1) Art.64 on mitigatingand aggravatingcircumstancesnot applicable.

2) Failure to lend on the spot assistance to victim of his negligence:penaltynext higher in

degree.

3) Abandoningusually punishable under Art 275, if charged under Art365 is only qualifying
and if not alleged cannot even be an aggravatingcircumstance.

4) Contributorynegligence—not a defense, only mitigating

Last clear chance doctrine –

The contributorynegligenceof the injuredparty will no t defeat the action if it be shown that
the accused might, by the exercise of reasonable care and prudence, have avoided the
consequencesof the negligenceof the injured party
Emergencyrule-

An automobile driver, who, by the negligence of another, is suddenly placed in an

emergency and compelled to act instantly to avoid a collision or injury is not guilty of
negligence if he makes a choice which a person of ordinary prudence placed in such a
position might make even though he did not make the wisest choice.

P v Cano

Negligence is a quasi-offense.What is punished is not the effect of the negligence but the
recklessnessof the accused.

P v Carillo

13 yr old girl dies 3 days after surgery due to an overdose of Nubain which triggereda heart
attack that caused brain damage. HELD: Guilty of simple negligence resulting to homicide.
Carillo was the anesthesiologist,he and his co-accused failed to monitor and provide close
patient care, to inform the parents of the child’s true condition, to prove that they exercised
necessaryand appropriatedegree of care and diligence to prevent the condition.

Buearanov CA

Conviction of the accused in the charge of slight and less serious physical injuries through
reckless imprudence constitutes double jeopardy to the charge of the crime of damage to
propertythrough recklessimprudence.