TITLE 4: CRIMES AGAINST PUBLIC INTEREST
That it was made on a genuine document
ART. 161: COUNTERFEITING THE GREAT SEAL OF GOVERNMENT
1) Forging the great seal
2) Forging the signature of the President
3) Forging the stamp of the President
ART. 162: USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR
STAMP
ART. 163: MAKING AND IMPORTING AND UTTERING FALSE COINS
1) False or counterfeited coins
2) Offender either made, imported, uttered
3) He connives with counterfeiters or importers
ART. 164: MUTILATION OF COINS
ART. 165: SELLING OF FALSE OR MUTILATED COIN, WITHOUT
CONNIVANCE
ART. 166: FORGING TREASURY OR BANK NOTES – IMPORTING AND
UTTERING
ART. 167: COUNTERFEITING, IMPORTING, AND UTTERING
INSTRUMENT NOT PAYABLE TO BEARER
ART. 168: ILLEGAL POSSESSION ANDUSE OF FALSE TREASURY OR
BANK NOTES AND OTHER INSTRUMENT OF CREDIT
ART. 169: FORGERY
1) By giving to a treasury or bank note the appearance of a true and
genuine document
2) By erasing, substituting, counterfeiting, altering by any means the
figures, letters or words, or signs
ART. 170: FALSIFICATION OF LEGISLATIVE DOCUMENTS
1) There be a bill, resolution, or ordinance
2) Offender (any person) alters the same
3) That he has no proper authority
4) The alteration has changed the meaning of the document
ART. 171: FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER,
EMPLOYEE, OR NOTARY OR ECCLESIASTICAL MINISTER
1) Offender is a public officer
2) He takes advantage of his official position
3) Commits any of the ff. acts:
- Counterfeiting or imitating any handwriting, signature, or
rubric
a. There be intent to imitate, or an attempt to imitate
b. That the 2 signatures, the genuine and the forged,
bear some resemblance to each other
- Causing it to appear that persons have participated in any
act or proceeding when they did not in fact so participate
- Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by
them
a. That the offender caused it to appear in a document
that a person participated in a act
b. Such persons did not in fact so participate
- Making untruthful statements in a narration of facts
a. That the offender makes in a document statements in
a narration of facts
b. That he has a legal obligation to disclose the truth of
the facts narrated
c. The facts narrated by the offender are false
d. The truth in the narration of facts were made with the
wrongful intent
- Altering true dates
- Making any alteration in a genuine document which changes
its meaning
a. That there be an alteration on a document
b.
c. The alteration has changed the meaning of the
document
d. Change made the document speak something false
- Issuing in an authenticated document purporting to be a
copy of an original document when no such original exists
ART. 172: FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL
DOCUMENT BY A PRIVATE INDIVIDUAL (PAR. 1)
1) Offender is a private individual or a public officer or employee who
did not take advantage of his official position
2) He committed any of the acts enumerated in Art. 171
3) Falsification was committed in any public or official or commercial
document
(PAR. 2)
1) Offender committed any of the acts of falsification
2) Falsification was committed in any private document
3) That the falsification caused damage to a third party
(PAR. 3)
a. Introducing in a judicial proceedings
1. Offender knew that a document was falsified by another
person
2. That the false document is embraced in Art. 171
3. That he introduced said document in evidence in any judicial
proceeding
b. Use in any other transaction
1. That the offender knew the document was falsified by
another person
2. That the false document is embraced in Art. 171
3. That he used such documents not in any judicial proceeding
4. That the use of the documents caused damage to another
ART. 173: FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND
TELEPHONE MESSAGES, AND USE OF FALSIFIED MESSAGES
 Acts punishable:
1. Uttering fictitious, wireless, telegraph or telephone message
Requisites:
a. That the offender is an officer or employee of the
government or an officer or employee of a private
corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
b. That the accused commits any of the following acts:
- uttering fictitious wireless, cable, telegraph, or
telephone message, or
- falsifying wireless, cable, telegraph, or telephone
message
-
2. Falsifying wireless, telegraph or telephone message
Requisites:
a. That the offender is an officer or employee of the
government or an officer or employee of a private
corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
b. That the accused commits any of the following acts:
- uttering fictitious wireless, cable, telegraph, or
telephone message, or
- falsifying wireless, cable, telegraph, or telephone
message
 3. Using such falsified message
Requisites:
a. That the accused knew that wireless, cable, telegraph,
or telephone message was falsified by any of the
person specified in the first paragraph of art. 173.
b. That the accused used such falsified dispatch.
c. That the use of the falsified dispatch resulted in the
prejudice of a third party, or that the use thereof was
with intent to cause such prejudice.
Article 174: FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES
OF MERIT OR SERVICE AND THE LIKE:
 Persons liable:
a. Physician or surgeon who, in connection with the practice of his
profession, issued a false certificate (note: such certificate must
refer to the illness or injury of a person)
b. Public officer who issued a false certificate of merit of service,
good conduct or similar circumstances
c. Private individual who falsified a certificate under (1) and (2)
Article 175: USING FALSE CERTIFICATES
1) That a physician or surgeon has issued a false medical certificate,
or a public officer has issued a false certificate of merit or service,
good conduct, or similar circumstances, or a private person had
falsified any of said certificates.
2) That the offender knew that the certificate was false.
3) That he used the same.
Article 176: MANUFACTURING AND POSSESSION OF INTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION:
1) Making or introducing into the Philippines any stamps, dies or
marks or other instruments or implements for counterfeiting or
falsification
2) Possessing with intent to use the instruments or implements for
counterfeiting or falsification made in or introduced into the
Philippines by another person
Article 177:USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:
2 ways of committing the crime:
a. By knowingly and falsely representing oneself to be an
officer, agent or representative of any department or agency
of the Philippine gov’t or any foreign gov’t.
b. By performing an act pertaining to any person in authority or
public officer of the Phil gov’t or foreign gov’t under the
pretense of such official position, and without being lawfully
entitled to do so.
Article 178: USING FICTITIOUS NAME AND CONCEALING TRUE NAME
ELEMENTS (using fictitious name) :
a. That the offender uses a name other than his real name.
b. That he uses that fictitious name publicly.
c. That the purpose of the offender is –
1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing
fictitious name for a passport)
ELEMENTS (concealing true name):
a. that the offender conceals –
1. his true name, and
2. all other personal circumstances.
b. that the purpose is only to conceal his identity
Article 179: ILLEGAL USE OF UNIFORM OR INSIGNIA
1) That the offender makes use of insignia, uniform or dress.
2) That the insignia, uniform or dress pertains to an office not held
by the offender or to a class of persons of which he is not a
member.
3) That said insignia, uniform or dress is used publicly and
improperly.
Article 180: FALSE TESTIMONY AGAINST A DEFENDANT
1. That there be a criminal proceeding.
2. That the offender testifies falsely under oath against the
defendant therein.
3. That the offender who gives false testimony knows that it is false.
4. That the defendant against whom the false testimony is given is
either acquitted or convicted in a final judgment (prescriptive
period starts at this point)
Article 181: FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal
case:
1. A person gives false testimony;
2. In favor of the defendant;
3. In a criminal case.
Article 182: FALSE TESTIMONY IN CIVIL CASES
1. That the testimony must be given in a civil case.
2. That the testimony must relate to the issues presented in said
case.
3. That the testimony must be false.
4. That the false testimony must be given by the defendant knowing
the same to be false.
5. That the testimony must be malicious and given with an intent to
affect the issues presented in the said case
Article183: FALSE TESTIMONY IN OTHER CASES AND PERJURY IN
SOLEMN AFFIRMATION
1. That an accused made a statement under oath or made an
affidavit upon a material matter.
2. That the statement or affidavit was made before a competent
officer, authorized to receive and administer oath.
3. That in that statement or affidavit, the accused made a willful and
deliberate assertion of a falsehood, and
4. That the sworn statement or affidavit containing the falsity is
required by law.
Article 184: OFFERING FALSE TESTIMONY IN EVIDENCE
1. That the offender offered in evidence a false witness or false
testimony.
2. That he knew the witness or the testimony was false.
3. That the offer was made in a judicial or official proceeding.
Article 185: MACHINATIONS IN PUBLIC AUCTION
1. That there be a public auction.
2. That the accused solicited any gift or a promise from any of the
bidders.
3. That such gifts or promise was the consideration for his refraining
from taking part in that public auction.
4. That the accused had the intent to cause the reduction of the
price of the thing auctioned.
ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:
1. That there be a public auction.
2. That the accused attempted to cause the bidders to stay away
from that public auction
3. That it was done by threats, gifts, promises, or any other artifice.
4. That the accused had the intent to cause the reduction of the
price of the thing auctioned.
Article 186: MONOPOLIES AND COMBINATIONS IN RESTRAINT OF
TRADE
 Acts punished:
a. Combination to prevent free competition in the market
Elements
1. Entering into any contract or agreement or taking part
in any conspiracy or combination in the form of a trust
or otherwise;
2. In restraint of trade or commerce or to prevent by
artificial means free competition in the market.
b. By entering into a contract or agreement or taking part in any
conspiracy or combination in the form of a trust or otherwise, in
restraint of trade or commerce or prevent by artificial means free
competition in the market (It is enough that initial steps are taken.
It is not necessary that there be actual restraint of trade)
c. Monopoly to restrain free competition in the market
Elements
1. By monopolizing any merchandise or object of trade or
commerce, or by combining with any other person or
persons to monopolize said merchandise or object;
2. In order to alter the prices thereof by spreading false
rumors or making use of any other artifice;
3. To restrain free competition in the market
d. Manufacturer, producer or processor or importer combining,
conspiring or agreeing with any person to make transactions
prejudicial to lawful commerce or to increase the market price of
the merchandise.
Elements
1. Manufacturer, producer, processor or importer of any
merchandise or object of commerce;
2. Combines, conspires or agrees with any person;
3. Purpose is to make transactions prejudicial to lawful
commerce or to increase the market price of any
merchandise or object of commerce manufactured,
produced, processed, assembled or imported into the
Philippines.
Article 187: IMPORTATION AND DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER
PRECIOUS METALS OR THEIR ALLOYS
1. That the offender imports, sells or disposes of any of those
articles or merchandise.
2. That the stamps, brands, or marks or those articles or
merchandise fails to indicate the actual fineness or quality of said
metals or alloys.
3. That the offender knows that the said stamp, brand, or mark fails
to indicate the actual fineness or quality of the metals or alloys.
Article 188: SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME,
OR SERVICE MARK
1. By (a) substituting the trade name (t/n) or trademark (t/m) of
some other manufacturer or dealer or a colorable imitation
thereof, for the t/n or t/m of the real manufacturer or dealer upon
any article of commerce and (b) selling the same.
2. By selling or by offering for sale such article of commerce,
knowing that the t/n or t/m has been fraudulently used
3. By using or substituting the service mark of some other person, or
a colorable imitation of such marks, in the sale or advertising of
services
4. By printing, lithographing or reproducing t/n, t/m or service mark
of one person, or a colorable limitation thereof, to enable another
person to fraudulently use the same, knowing the fraudulent
purpose for which it is to be used.
Article 189: UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF
TRADENAME, TRADEMARK SERVICE MARK, FRAUDULENT
DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION
 Acts punished:
1. Unfair competition by selling his goods, giving them the general
appearance of the goods of another manufacturer or dealer
2. Fraudulent designation of origin; false description by (a) affixing to
his goods or using in connection with his services a false
designation of origin; or any false description or representation,
and (b) selling such goods or services
3. Fraudulent registration by procuring fraudulently from the patent
office the registration of t/m, t/m or service mark.
 ELEMENTS:
1. That the offender gives his goods the general appearance of the
goods of another manufacturer or dealer
2. That the general appearance is shown in the (a) goods
themselves, or in the (b) wrapping of their packages, or in the (c)
device or words therein, or in (d) any other feature of their
appearance
3. That the offender offers to sell or sells those goods or gives other
persons a chance or opportunity to do the same with a like
purpose.
4. That there is actual intent to deceive the public or defraud a
competitor.
TITLE 5: COMPREHENSIVE DRUGS ACT
Acts Punishable:
1. Importation of prohibited drugs
2. sale, administration, delivery, distribution and transportation of
prohibited drugs
3. maintenance of a den, dive or resort for prohibited drug users
4. being employees or visitors of drug den
5. manufacture of prohibited drugs
6. possession or use
7. cultivation of plants
8. failure to comply with provisions relative to keeping of records of
prescription
9. unnecessary prescription
10. possession of opium pipe and other paraphernalia
11. Importation, sale, etc. of regulated drugs
TITLE 6: CRIMES AGAINST PUBLIC MORALS
TITLE 7: CRIMES COMMITTED BY PUBLIC OFFICERS
Article 203: WHO ARE PUBLIC OFFICERS
Article 204: KNOWINGLY RENDERING AN UNJUST JUDGMENT
1. Offender is a judge
2. Renders a judgment in the case submitted to him for judgment
3. Judgment is unjust
4. Knowledge that the decision is unjust
Article 205: JUDGMENT RENDERED THROUGH NEGLIGENCE
 1. Offender is a judge
2. Renders a judgment in a case submitted to him for decision
3. Judgment is manifestly unjust
4. Due to inexcusable negligence or ignorance
Article 206: UNJUST INTERLOCUTORY ORDER
1. That the offender is a judge.
2. That he performs any of the following acts:
- knowingly renders unjust interlocutory order or decree, or
- renders a manifestly unjust interlocutory order or decree
through inexcusable negligence or ignorance.
Article 207: MALICIOUS DELAY IN THE ADMINISTRATION OR JUSTICE
1. That the offender is a judge.
2. That there is a proceeding in his court.
3. That he delays the administration of justice.
4. That the delay is malicious, that is, the delay is caused by the
judge with deliberate intent to inflict damage on either party in the
case.
Article 208: PROSECUTION OF OFFENSES; NEGLIGENCE AND
TOLERANCE
Acts Punished
1. Maliciously refraining from instituting prosecution against violators
of the law;
2. Maliciously tolerating the commission of offenses.
ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF
OFFENSES:
1. That the offender is a public officer or officer of the law who has a
duty to cause the prosecution of, or to prosecute offenses.
2. That there is dereliction of the duties of his office, that is, knowing
the commission of the crime, he does not cause (a) the
prosecution of the criminal (People vs. Rosales, G.R. no. 42648)
or (b) knowing that a crime is about to be committed he tolerates
its commission (if gift/promise is a consideration for his conduct:
direct bribery)
3. That the offender acts with malice and deliberate intent to favor
the violator of the law.
Article 209: BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR
1. Causing damage to client (prejudice is essential) either
- by any malicious breach of professional duty, or
- by inexcusable negligence or ignorance.
2. Revealing any of the secrets of his client learned by him in his
professional capacity (damage not necessary)
3. Undertaking the defense of the opposing party of the 1st client
and/or having received confidential information from the latter and
without the latter’s consent (damage not necessary)
Article 210: DIRECT BRIBERY
1. That the offender be a public officer within the scope of Art 203
2. That the offender accepts an offer or promise or receives a gift or
present by himself or through another
3. That such offer or promise be accepted or gift/present received by
the public officer (mere agreement consummates the crime)
4. with a view to committing some crime (delivery of consideration is
not necessary) or
5. in consideration of an execution of an act which does not
constitute a crime, but the act must be unjust (delivery of
consideration is necessary), or
6. to refrain from doing something which is his official duty to do
7. That the act which the offender agrees to perform or which he
executes be connected with the performance of his official duties
Article 211: INDIRECT BRIBERY
1. That the offender is a public officer.
2. That he accepts gifts.
3. That the said gifts are offered to him by reason of his office.
Article 211-A: QUALIFIED BRIBERY
1. Public officer entrusted with law enforcement
2. Refrains from arresting/prosecuting offender for crime punishable
by reclusion perpetua and/or death (if lower penalty than stated
above, the crime is direct bribery)
3. In consideration of any offer, promise or gift
Article 212: CORRUPTION OF PUBLIC OFFICIALS
1. That the offender makes offers or promises or gives gifts or
present to a public officer.
2. That the offers or promises are made or the gifts or presents
given to a public officer, under circumstances that will make the
public officer liable for direct bribery or indirect bribery
Article 213: FRAUDS AGAINST PUBLIC TREASURY
ELEMENTS: (par. 1)
1. That the offender be a public officer.
2. That he should have taken advantage of his office, that is, he
intervened in the transaction in his official capacity.
3. That he entered into an agreement with any interested party or
speculator or made use of any other scheme with regard to (a)
furnishing supplies (b) the making of contracts, or (c) the
adjustment or settlement of account relating to a public property
or funds.
4. That the accused had intent to defraud the government.
ILLEGAL EXACTIONS (par 2)
ELEMENTS:
1. The offender is a public officer entrusted with the collection of
taxes, licenses, fees and other imposts.
2. He is guilty of any of the following acts or omissions:
- demanding, directly or indirectly the payment of sums
different from or larger than those authorized by law, or
- failing voluntarily to issue a receipt, as provided by law, for
any sum of money collected by him officially, or
- Collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature different
from that provided by law.
Article 214: OTHER FRAUDS
1. That the offender is a public officer.
2. That he takes advantage of his official position.
3. That he commits any of the frauds or deceits enumerated in art.
315 to 318. (estafa; swindling)
Article 215: PROHIBITED TRANSACTIONS
1. That the offender is an appointive public officer.
2. That he becomes interested, directly or indirectly, in any
transaction of exchange or speculation.
3. That the transaction takes place within the territory subject to his
jurisdiction.
4. That he becomes interested in the transaction during his
incumbency.
Article 216: POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC
OFFICER
Who are liable:
1. Public officer – in any contract or business in which it is his official
duty to intervene.
2. Experts, arbitrators and private accountants – in any contract or
transaction connected with the estate or property in the approval,
distribution or adjudication of which they had acted.
3. Guardians and executors – with respect to property belonging to
their wards or the estate.
 1. That the offender be a public officer (or private person if entrusted
with public funds or connived with public officers)
2. That he had the custody or control of funds or property (if not
accountable for the funds, theft or qualified theft)
3. That those funds or property were public funds or property (even
if private funds if attached, seized, deposited or commingled with
public funds)
4. That he:
- Appropriated the funds or property
- Took or misappropriated them
- Consented or, through abandonment or negligence,
permitted any other person to take such public funds or
property. (it is not necessary that the offender profited
thereby. His being remiss in the duty of safekeeping public
funds violates the trust reposed)
1. That the offender is a public officer, whether in the service or
separated therefrom.
2. That he must be an accountable officer for public funds property.
3. That he is required by law or regulation to render accounts to the
commission on audit, or to a provincial auditor.
4. That he fails to do so for a period of two months after such
accounts should be rendered.
Article 217: MALVERSATION OF PUBLIC FUNDS OR PROPERTY
Article 218: FAILURE OF ACCOUNTABLE OFFICER TO RENDER
ACCOUNTS
Article 219: FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO
RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY
Article 224: EVASION THROUGH NEGLIGENCE
Article 225: ESCAPE OF PRISONERS UNDER THE CUSTODY OF A
PERSON NOT A PUBLIC OFFICER
Article 226:
1. That the offender is a public officer.
2. That he must be an accountable officer for public funds or
property.
3. That he must have unlawfully left (or be on the point of leaving)
the Philippines without securing from the Commission on Audit a
certificate showing that his accounts have been finally settled.
Article 220: ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (Technical
Malversation)
1. That the offender is a public officer
2. That there is public fund or property under his administration.
3. That such public fund or property has been appropriated by law or
ordinance (without this, it is simple malversation even if applied to
other public purpose).
4. That he applies the same to a public use other than for which
such fund or property has been appropriated by law or ordinance.
Article 221: FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR
PROPERTY
1. Offender has gov’t funds or property in his possession
2. He is under obligation to either:
- make payment from such funds
- to deliver property in his custody or administration when
ordered by competent authority
3. He maliciously fails or refuses to do so
Article 222: PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO
221
1. Private individual who, in any capacity, have charge of any
national, provincial or municipal funds, revenue, or property
2. Administrator or depositary of funds or property that has been
attached, seized or deposited by public authority, even if owned
by a private individual
Article 223: CONNIVING WITH OR CONSENTING TO EVASION
1. That the offender is a public officer (on duty).
2. That he is charged with the conveyance or custody of a prisoner,
either detention prisoner or prisoner by final judgment.
3. That such prisoner escaped from his custody
4. That he was in connivance with the prisoner in the latter’s escape
1. That the offender is a public officer.
2. That he is charged with the conveyance or custody of a prisoner,
either detention prisoner or prisoner by final judgment.
3. That such prisoner escapes through his negligence.
4. Penalty based on nature of imprisonment
1. That the offender is a private person (note: must be on duty)
2. That the conveyance or custody of a prisoner or person under
arrest is confined to him.
3. That the prisoner or person under arrest escapes.
4. That the offender consents to the escape of the prisoner or
person under arrest, or that the escape takes place through his
negligence
REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS
1. That the offender be a public officer.
2. That he abstracts, destroys or conceals a document or papers.
3. That the said document or paper should have been entrusted to
such public officer by reason of his office.
4. That damage, whether serious or not, to a third party or to the
public interest should have been caused.
Article 227: OFFICER BREAKING SEAL
1. That the offender is a public officer.
2. That he is charged with the custody of papers or property.
3. That these papers or property are sealed by proper authority.
4. That he breaks the seals or permits them to be broken.
Article 228: OPENING OF CLOSED DOCUMENTS
1. That the offender is a public officer.
2. That any closed papers, documents, or objects are entrusted to
his custody.
3. That he opens or permits to be opened said closed papers,
documents or objects.
4. That he does not have proper authority.
ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY
1. That the offender is a public officer.
2. That he knows of a secret by reason of his official capacity.
3. That he reveals such secret without authority or justifiable
reasons.
4. That damage, great or small, be caused to the public interest.
ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY PAPERS OR
COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH
SHOULD NOT BE PUBLISHED:
1. That the offender is a public officer.
2. That he has charge of papers.
3. That those papers should not be published.
4. That he delivers those papers or copies thereof to a third person.
5. That the delivery is wrongful.
6. That damage be caused to public interest.
Article 230: PUBLIC OFFICER REVEALING SECRETS OF PRIVATE
INDIVIDUAL
1. That the offender is a public officer
 2. That he knows of the secret of a private individual by reason of
his office.
3. That he reveals such secrets without authority or justification
reason.
Article 231: OPEN DISOBEDIENCE
1. That the offender is a judicial or executive officer.
2. That there is a judgment, decision or order of superior authority.
3. That such judgment, decision or order was made within the scope
of the jurisdiction of the superior authority and issued with all the
legal formalities.
4. that the offender without any legal justification openly refuses to
execute the said judgment, decision or order which he is duty
bound to obey.
Article 232: DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN
SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER
That the offender is a public officer.
1. That an order is issued by his superior for execution.
2. That he has for any reason suspended the execution of such
order.
3. That his superior disapproves the suspension of the execution of
the order.
4. That the offender disobeys his superior despite the disapproval of
the suspension.
Article 233: REFUSAL OF ASSISTANCE
1. That the offender is a public officer.
2. That a competent authority demands from the offender that he
lend his cooperation towards the administration of justice or other
public service.
3. That the offender fails to do so maliciously.
Article 234: REFUSAL TO DISCHARGE ELECTIVE OFFICE
1. That the offender is elected by popular election to a public office.
2. That he refuses to be sworn in or discharge the duties of said
office.
3. That there is no legal motive for such refusal to be sworn in or to
discharge the duties of said office.
Article 235: MALTREATMENT OF PRISONERS
1. That the offender is a public officer or employee.
2. That he has under charge a prisoner or detention prisoner
(otherwise the crime is physical injuries)
3. That he maltreats such prisoner in either of the following manners
- By overdoing himself in the correction or handling of a
prisoner or detention prisoner under his charge either –
- by the imposition of punishments not authorized by the
regulations, or
- by inflicting such punishments (those authorized) in a cruel
and humiliating manner, or
- by maltreating such prisoner to extort a confession or to
obtain some information from the prisoner.
Article 236: ANTICIPATION OF DUTIES OF A PUBLIC OFFICE
1. That the offender is entitled to hold a public office or employment,
either by election or appointment.
2. That the law requires that he should first be sworn in and/or
should first give a bond.
3. That he assumes the performance of the duties and powers of
such office.
4. That he has not taken his oath of office and /or given the bond
required by law.
Article 237: PROLONGING PERFORMANCE OF DUTIES AND POWERS
1. That the offender is holding a public office.
2. That the period provided by law, regulations or special provisions
for holding such office has already expired.
3. That he continues to exercise the duties and powers of such
office.
Article 238: ABANDONMENT OF OFFICE OR POSITION
1. That the offender is a public officer.
2. That he formally resigns from his position.
3. That his resignation has not yet been accepted.
4. That he abandons his office to the detriment of the public service.
Article 239: USURPATION OF LEGISLATIVE POWERS
1. That the offender is an executive or judicial officer.
2. That he (a.) makes general rules or regulations beyond the scope
of his authority or (b.) attempts to repeal a law or (c.) suspends
the execution thereof.
Article 240: USURPATION OF EXECUTIVE FUNCTIONS
1. That the offender is a judge.
2. That he (a.) assumes a power pertaining to the executive
authorities, or (b.) obstructs executive authorities in the lawful
exercise of their powers.
Article 241: USURPATION OF JUDICIAL FUNCTIONS
1. That the offender is an officer of the executive branch of the
government.
2. That he (a.) assumes judicial powers, or (b.) obstruct the
execution of any order decision rendered by any judge within his
jurisdiction.
Article 242: DISOBEYING REQUEST FOR DISQUALIFICATION
1. That the offender is a public officer.
2. That a proceeding is pending before such public officer.
3. That there is a question brought before the proper authority
regarding his jurisdiction, which is not yet decided.
4. That he has been lawfully required to refrain from continuing the
proceeding.
Article 243: ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY
JUDICIAL AUTHORITY
1. That the offender is an executive officer.
2. That he addresses any order or suggestion to any judicial
authority.
3. That the order or suggestion relates to any case or business
coming within the exclusive jurisdiction of the courts of justice.
Article 244: UNLAWFUL APPOINTMENTS
1. That the offender is a public officer.
2. That he nominates or appoints a person to a public office.
3. That such person lacks the legal qualification therefor.
4. That the offender knows that his nominee or appointee lacks the
qualification at the time he made the nomination or appointment.
Article 245: ABUSES AGAINST CHASTITY
1. That the offender is a public officer.
2. That he solicits or makes immoral or indecent advances to a
woman.
3. That such woman must be –
- interested in matters pending before the offender for
decision, or with respect to which he is required to submit a
report to or consult with a superior officer, or
- under the custody of the offender who is a warden or other
public officer directly charged with care and custody of
prisoners or person under arrest, or
- the wife, daughter, sister or relative within the same degree
by affinity of the person in the custody of the offender
TITLE 8: CRIMES AGAINST PERSONS
Article 246: PARRICIDE
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.
Article 247: DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL
CIRCUMSTANCES
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.
Article 248: MURDER
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
a. 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
b. in consideration of price, reward or promise
c. 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
d. on occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or any other public
calamity
e. with evident premeditation
f. 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.
Article 249: HOMICIDE
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.
Article 250: PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR
HOMICIDE
Article 251: DEATH IN A TUMULTOUS AFFRAY
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.
Article 252: PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY
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.
3. that the person responsible therefor cannot be identified.
4. That all those who appear to have used violence upon the person of
the offended party are known.
Article 253: GIVING ASSISTANCE TO SUICIDE
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
Article 254: DISCHARGE OF FIREARMS
1. that the offender discharges a firearm against or at another person.
2. That the offender has no intention to kill that person.
Article 255: INFANTICIDE
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
Article 256: INTENTIONAL ABORTION
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.
Article 257: UNINTENTIONAL ABORTION
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.
Article 258: ABORTION PRACTICED BY THE WOMAN HERSELF OR BY
HER PARENTS
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 –
a. the pregnant woman herself
b. any other person, with her consent, or
c. any of her parents, with her consent for the purpose of
concealing her dishonor.
Article 259: ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND
DISPENSING OF ABORTIVES
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.
Article 260: RESPONSIBILITY OF PARTICIPANTS IN A DUEL
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
Persons liable:
1. Principals – person who killed or inflicted physical injuries upon
his adversary, or both combatants in any other cases
2. Accomplices – as seconds
Article 261: CHALLENGING TO A DUEL 2. That which did not prevent the offended party from engaging in
his habitual work or which did not require medical attendance (ex.
Acts punishable: Black-eye)
1. Challenging another to a duel 3. Ill-treatment of another by deed without causing any injury (ex.
2. Inciting another to give or accept a challenge to a duel slapping but without causing dishonor)
3. Scoffing at or decrying another publicly for having refused to
accept a challenge to fight a duel ART 266-A: RAPE
Rape is committed
Persons liable: 1. By a man who have carnal knowledge of a woman under any of
1. Challenger the following circumstances:
2. Instigators a. through force, threat or intimidation
b. when the offended party is deprived of reason or otherwise
Article 262: MUTILATION unconscious
c. by means of fraudulent machination or grave abuse of
Kinds of Mutilation authority
1. Intentionally mutilating another by depriving him, totally or d. when the offended party is under 12 years of age or is
partially, of some essential organ for reproduction demented, even though none of the circumstances
2. Intentionally making another mutilation, i.e. lopping, clipping off mentioned above be present
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 2. By any person who, under any of the circumstances mentioned in
Elements: par 1 hereof, shall commit an act of sexual assault by inserting
1. There be a castration i.e. mutilation of organs necessary for a. his penis into another person’s mouth or anal orifice,
generation b. any instrument or object, into the genital or anal orifice of
2. Mutilation is caused purposely and deliberately another person

Article 263: SERIOUS PHYSICAL INJURIES Rape committed under par 1 is punishable by:
What are serious physical injuries: 1. reclusion perpetua
1. Injured person becomes insane, imbecile, impotent or blind 2. reclusion perpetua to DEATH when
2. Injured person – a. victim became insane by reason or on the occasion of rape
- loses the use of speech or the power to hear or to smell, b. the rape is attempted and a homicide is committed by reason or
loses an eye, a hand, foot, arm or legloses the use of any on the occasion thereof
such member 3. DEATH when
- becomes incapacitated for the work in which he had been a. homicide is committed
habitually engaged b. victim under 18 years and offender is:
i. parent
3. Injured person – ii. ascendant
- becomes deformed iii. step-parent
- loses any other member of his body iv. guardian
- loses the use thereof v. relative by consanguinity or affinity with the 3rd civil
- becomes ill or incapacitated for the performance of the work degree or
in which he had been habitually engaged in for more than 90 vi. common law spouse of parent of victim
days
c. under the custody of the police or military authorities or any law
4. Injured person becomes ill or incapacitated for labor for more than enforcement or penal institution
30 days (but not more than 90 days) d. committed in full view of the spouse, parent or any of the children
or other relatives within the 3rd degree of consanguinity
Article 264: ADMINISTERING INJURIOUS SUBSTANCES OR e. victim is a religious engaged in legitimate religious vocation or
BEVERAGES calling and is personally known to be such by the offender before
1. That the offender inflicted upon another person any serious or at the time of the commission of the crime
physical injury f. a child below 7 years old
2. That it was done knowingly administering to him any injurious g. offender knows he is afflicted with HIV or AIDS or any other
substances or beverages or by taking advantage of his weakness sexually transmissible disease and the virus is transmitted to the
of mind of credulity victim
3. He had no intent to kill h. offender; member of the AFP, or para-military units thereof, or the
PNP, or any law enforcement agency or penal institution, when
Article 265: LESS SERIOUS PHYSICAL INJURIES the offender took advantage of his position to facilitate the
1. That the offended party is incapacitated for labor for 10 days or commission of the crime
more (but not more than 30 days), or needs medical attendance i. victim suffered permanent physical mutilation or disability
for the same period of time j. the offender knew of the pregnancy of the offended party at the
2. That the physical injuries must not be those described in the time of the commission of the crime; and
preceding articles 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
Article 266: SLIGHT PHYSICAL INJURIES
Rape committed under par 2 is punishable by:
3 Kinds: 1. prision mayor
1. That which incapacitated the offended party for labor from 1-9 2. prision mayor to reclusion temporal
days or required medical attendance during the same period a. use of deadly weapon or
b. by two or more persons
3. reclusion temporal – when the victim has become insane Article 275: ABANDONMENT OF PERSON IN DANGER AND
4. reclusion temporal to reclusion pepetua – rape is attempted and ABANDONMENT OF ONE’S OWN VICTIM
homicide is committed
5. reclusion perpetua – homicide is committed by reason or on occasion Acts punishable:
of rape 1. By failing to render assistance to any person whom the offender finds in
6. reclusion temporal – committed with any of the 10 aggravating an inhabited place wounded or in danger of dying, when he can render
circumstances mentioned above such assistance without detriment to himself, unless such omission
shall constitute a more serious offense
TITLE 9: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
Elements
Article 267: KIDNAPPING AND SERIOUS ILLEGAL DETENTION a. That place is not inhabited.
1. Offender is a private individual b. The accused found there a person wounded or in
2. He kidnaps or detains another, or in any other manner deprives the danger of dying.
latter of his liberty c. The accused can render assistance without detriment
3. The act of detention or kidnapping must be illegal to himself.
4. That in the commission of the offense, any of the following d. The accused fails to render assistance.
circumstances are present (becomes serious)
a. that the kidnapping/detention lasts for more than 3 days 2. By failing to help or render assistance to another whom the offender
b. that it is committed simulating public authority has accidentally wounded or injured
c. that any serious physical injuries are inflicted upon the person 3. By failing to deliver a child, under 7 whom the offender has found
kidnapped or detained or threats to kill him are made, or abandoned, to the authorities or to his family, or by failing to take him to
d. that the person kidnapped or detained is a minor (except if a safe place
parent is the offender), female or a public officer
Article 276: ABANDONING A MINOR
Article 268: SLIGHT ILLEGAL DETENTION 1. That the offender has the custody of a child.
1. Offender is a private person 2. That the child is under seven years of age.
2. He kidnaps or detains another or in any other maner deprives him 3. That he abandons such child.
pof his liberty / furnished place for the perpetuation of the crime 4. That he has no intent to kill the child when the latter is
3. That the act of detention or kidnapping must be illegal abandoned.
4. That the crime is committed without the attendant of any of the
circumstances enumerated in Art 267 Article 277: ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH
HIS CUSTODY; INDIFFERENCE OF PARENTS
Article 269: UNLAWFUL ARREST
1. That the offender arrests or detains another person Acts punished:
2. That the purpose of the offender is to deliver him to the proper 1. By delivering a minor to a public institution or other persons w/o
authorities consent of the one who entrusted such minor to the care of the offender
3. That the arrest or detention is not authorized by law or there is no or, in the absence of that one, without the consent of the proper
reasonable ground therefor authorities

Article 270: KIDNAPPING AND FAILURE TO RETURN A MINOR Elements:

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
Article 271: INDUCING A MINOR TO ABANDON HIS HOME
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
a. That the offender has charged of the rearing or education of
a minor.
b. That he delivers said minor to a public institution or other
persons.
c. 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.

Article 272: SLAVERY
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
Article 273: EXPLOITION OF CHILD LABOR
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.
Article 274: SERVICES RENDERED UNDER COMPULSION IN PAYMENT
OF DEBT
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.
2. By neglecting his (offender’s) children by not giving them education
which their station in life requires and financial condition permits
Elements:
a. That the offender is a parent.
b. That he neglects his children by not giving them education.
c. That his station in life requires such education and his
financial condition permits it.
Article 278: EXPLOITATION OF MINORS
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
Article 280: QUALIFIED TRESPASS TO DWELLING
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.
Article 281: OTHER FORMS OF TRESPASS
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.
Article 282”:GRAVE THREATS
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)
a. That the offender threatens another person with the infliction
upon the latter’s person, honor or property, or upon that of
the latter’s family, of any wrong.
b. That such wrong amounts to a crime.
c. That there is a demand for money or that any other
condition is imposed, even though not unlawful.
d. That the offender attains his purpose.
2. By making such threat without the offender attaining his purpose
3. By threatening another with the infliction upon his person, honor or
property or that of his family of any wrong amounting to a crime, the
threat not being subject to a condition (Note: threat is without condition)
a. That the offender threatens another person with the infliction
upon the latter’s person, honor or property, or upon that of
the latter’s family, of any wrong.
b. That such wrong amounts to a crime.
c. That the threat is not subject to a condition
Article 283: LIGHT THREATS
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
Article 284: BOND FOR GOOD BEHAVIOR
Article 285: OTHER LIGHT THREATS
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.
Article 286: GRAVE COERCIONS
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.
Acts punished
1. Preventing another, by means of violence, threats or intimidation,
from doing something not prohibited by law;
2. Compelling another, by means of violence, threats or intimidation,
to do something against his will, whether it be right or wrong
Article 287: LIGHT COERCIONS
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.
Article 288: OTHER SIMILAR COERCIONS
ELEMENTS OF NO. 1
Forcing or compelling, directly or indirectly, or knowingly permitting the
forcing or compelling of the laborer or employee of the offender to purchase
merchandise of commodities of any kind from him;
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.
ELEMENTS OF NO. 2
Paying the wages due his laborer or employee by means of tokens or object
other than the legal tender currency of the Philippines, unless expressly
requested by such laborer or employee.
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.
Article 289: FORMATION, MAINTENANCE, AND PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR
THREATS
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.
Article 290: DISCOVERING SECRETS THROUGH SEIZURE OF
CORRESPONDENCE
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.
Article 291: REVEALING SECRETS WITH ABUSE OF OFFICE
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.
Article 292: REVELATION OF INDUSTRIAL SECRETS
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 10: CRIMES AGAINST PROPERTY
Article 308: THEFT
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.
Article 310: QUALIFIED THEFT
1. Committed by domestic servant,
2. With grave abuse of confidence,
3. Property stolen is:
- motor vehicle
- mail matter
- large cattle
- coconut from plantation
- fish from fishpond or fishery, or
4. On occasion of calamities and civil disturbance.
Article 315
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. ELEMENTS OF 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. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER
SUBDIVISION NO.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), SUBDIVISION N0.1, 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.
E. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE
SIGNATURE IN 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.
F. ELEMENTS OF 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
TITLE 11: CRIMES AGAINST CHASTITY
Article 333: ADULTERY
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.
Article 334: CONCUBINAGE
1. That the man must be married.
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling.
b. Having sexual intercourse under scandalous circumstances
with a woman who is not his wife.
c. Cohabiting with her in any other place.
3. That as regards the woman she must know him to be married.
Article 336: ACTS OF LASCIVIOUSNESS
1. That the offender commits any act of lasciviousness or lewdness.
2. That it is done under any of the following circumstances:
a. by using force or intimidation, or
b. when the offended party is deprived of reason or otherwise
unconscious, or
c. when the offended party is under 12 years of age.
3. That the offended party is another person of either sex
Article 337: QUALIFIED SEDUCTION OF A VIRGIN
Two classes of qualified seduction:
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, (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)
Persons liable:
1. Those who abuse their authority:
 a. persons in public authority Article 346: LIABILITY OF ASCENDANTS, OTHER PERSONS
b. guardian ENTRUSTED WITH CUSTODY OF OFFENDED PARTY WHO BY ABUSE
c. teacher OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS
d. person who, in any capacity, is entrusted with the education ACCOMPLIES
or custody of the woman seduced
TITLE 12: CRIMES AGAINST CIVIL STATUS OF PERSONS
2. Those who abused the confidence reposed in them:
a. priest Article 347: SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD
b. house servant FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A
c. domestic LEGITIMATE CHILD

3. Those who abused their relationship: Acts Punished:

a. brother who seduced his sister 1. Simulation of births
b. ascendant who seduced his descendant 2. Substitution of one child for another
3. Concealing or abandoning any legitimate child with the intent to cause
Article 338: SIMPLE SEDUCTION such child to lose its civil status
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. Requisites:
3. That the offender has sexual intercourse with her. 1. The child must be legitimate
4. That it is committed by means of deceit. 2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to lose its civil status
Article 339: ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE
OFFENDED PARTY Elements of Simulation of Birth
1. that the offender commits acts of lasciviousness or lewdness. 1. Child is baptized or registered in the Registry of birth as hers
2. That the acts are committed upon a woman who is virgin or single or 2. Child loses its real status and acquiires a new one
widow of good reputation, under 18 years of age but over 12 years, or a 3. Actor’s purpose was to cause the loss of any trace as to the child’s
sister or descendant regardless of her reputation or age. true filiation
3. that the offender accomplishes the acts by abuse of authority,
confidence, relationship, or deceit. Article 348: USURPATION OF CIVIL STATUS

Article 340: CORRUPTION OF MINORS Article 349: BIGAMY

Article 341: WHITE SLAVE TRADE
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the service of women for the purpose of prostitution
Article 342: FORCIBLE ABDUCTION
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.
Article 343: CONSENTED ABDUCTION
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.
Article 344: PROSECUTION OF ADULTERY, CONCUBINAGE,
SEDUCTION, ABDUCTION RAPE AND ACTS OF LASCIVIOUSNESS
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:
a. offended party
b. by her parents
c. grandparents
d. guardians in the order in which they are named above
Article 345: CIVIL LIABILITY OF PERSONS GUILTY OF RAPE,
SEDUCTION OR ABDUCTION
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
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.
Article 350: MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS
1. That the offender contracted marriage.
2. That he knew at the time that
a. the requirement of the law were not complied with, or
b. The marriage was in disregard of a legal impediment.
Article 351: PREMATURE MARRIAGE
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
Article 352: PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY
TITLE 13: CRIMES AGAINST HONOR
Article 353: LIBEL
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.
Article 354: REQUIREMENT OF PUBLICITY
Article 355: LIBEL BY MEANS OF WRITING OR SIMILAR MEANS
Article 356: THREATENING TO PUBLISH LIBEL AND OFFER TO
PREVENT SUCH PUBLICATION FOR A COMPENSATION
1. Threatening another to publish a libel concerning him, or his
parents, spouse, child, or other members of his family;
2. Offering to prevent the publication of such libel for compensation
or money consideration.

Article 357: PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE

COURSE OF OFFICIAL PROCEEDINGS
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.

Article 358: ORAL DEFAMATION / SLANDER

Article 359: SLANDER BY DEED:

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.

Article 360: PERSONS RESPONSIBLE FOR LIBEL

Who are liable:

1. person who publishes, exhibits or causes the publication or
exhibition of any defamation in writing or similar means(par.1)
2. author or editor of a book or pamphlet
3. editor or business manager of a daily newspaper magazine or
serial publication(par.2)

4. owner of the printing plant which publishes a libelous article with

his consent and all other persons who in any way participate in or
have connection with its publication

Article 361: PROOF OF THE TRUTH

Article 362: LIBELOUS REMARKS

Article363: INCRIMINATING INNOCENT PERSON

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.

Article 364: INTRIGUING AGAINST HONOR

Article 365: ELEMENTS OF RECKLESS IMPRUDENCE:

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
a. his employment or occupation
b. degree of intelligence, physical condition, and
c. other circumstances regarding persons, time and place.

ELEMENTS OF SIMPLE IMPRUDENCE:

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.