CRIMINAL LAW REVIEWER

Angelo Jimenez, Book I

Bayani Ramos, Book II
Elmira Bondoc, Book II & Special Laws
Kenneth Chua, Book II A. FUNDAMENTAL AND GENERAL
PRINCIPLES IN CRIMINAL LAW

Criminal Law – A branch of municipal law/

public substantive law which defines crimes,
treats of their nature and provides for their
punishment. (REYES, Book One)

Crimes - an act committed or omitted in

violation of a public law forbidding or
commanding it.

Felony (delito) - acts or omissions punishable

by law. (Article 3, RPC)

Offense - crime is punished by a special law.

(Gregorio, 2008, p. 3)

Infraction of an ordinance - acts in violation

of an ordinance. (Id.)

Misdemeanor - minor infraction or violation

of law.

Sources of Penal Laws

1. The Revised Penal Code (Act No.
3815) and its amendments.
2. Special Penal Laws passed by
a) Philippines Commission
b) Philippine Assembly
c) Philippine Legislature
d) National Assembly
e) Congress of the Philippines
f) Batasang Pambansa

3. Penal Presidential Decrees issued

during Martial Law
(REYES, RPC Book I, p. 1)

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The right of the State to restrain and
impose punishment on criminals is
anchored on its police power. (People vs.
Palmora, 46 Phil. 440 cited in Regalado,
2007, p. 4)
Constitutional Limitations on Power of
Congress to Enact Penal Laws
1. The law must observe both
substantive and procedural due
process. (Basis: Art. III, Sec. 1 of
the 1987 Constitution)
2. The law must be general in
application.
3. The law should not impose
cruel and unusual punishment or
excessive fines. (Art. III, Sec. 19
of the 1987 Constitution)
4. The law should not operate as a
bill of attainder or as an ex post
facto law. (Art. III, Sec. 22)
Mala in Se vs. Mala Prohibita
MALA IN SE MALA PROHIBITA
inherently evil or bad Prohibited evil
or per se wrongful or
inherently immoral
wrongful from their wrong merely because
nature (e.g rape, prohibited by statute
homicide, or arson) (e.g. illegal possession
(REYES,BOOK I) of firearms).
(REYES,BOOK I)
so serious in their Violations of mere
effects on society as to rules of convenience to
call for almost secure a more orderly
unanimous regulation of
condemnation of its affairs of the society
members
good faith is a defense Generally, good faith
is not a defense.
-Violations of the Revised Penal Code are
referred to as Malum in Se, which literally
means, that the act is inherently evil or bad or
per se wrongful. On the other hand, violations
of special laws are generally referred to as
Malum Prohibitum.
Note:
 Not all violations of special laws are
Mala Prohibita. While intentional
felonies are always Mala in Se, it does
not follow that prohibited acts done in
violation of special laws are always
Mala Prohibita. Even if the crime is
punished under a special law, if the act
punished is one which is inherently
wrong, the same is Malum in Se, and,
therefore, good faith and the lack of
criminal intent is a valid defense;
unless it is the product of criminal
negligence or culpa.
 When the act penalized is not
inherently wrong, it is wrong only
because a law punishes the same.
Theories in Criminal Law
1. Classical Theory
 The basis of criminal
liability is human free will
and the purpose of the
penalty is retribution.
 That man is
essentially a moral creature
with an absolutely free will
to choose between good
and evil, thereby placing
more stress upon the effect
or result of the felonious act
than upon the man, the
criminal himself.
the  It has endeavored to
establish mechanical and
direct proportion between
crime and penalty.
 There is a scant
regard to the human
element.
(Reyes, Book I, pp. 23-24)
2

2. Positivist Theory
 That man is subdued
occasionally by a (Magno v. CA, G.R. No. 96132)
strange and morbid
phenomenon which
constrains him to do
wrong, in spite of or
contrary to his volition.
 That crime is
essentially a social and
natural phenomenon,
and as such, it cannot
be treated and checked
by the application of
abstract principles of
law and jurisprudence
nor by the imposition
of a punishment, fixed
and determined a happiness of society
priori; but rather
through the
enforcement of
individual measures in
each particular case
after a thorough,
personal and individual
investigation conducted
by a competent body of
psychiatrists and social
(Reyes,
scientists.
Book I, p. 24. Citing
Basic Principles, Rationale,
pp. 2 and 3, by the Code of
Commission on Code of
Crimes.)
3. Mixed or Eclectic Theory
 Combination of the
good feautures of both
the classical and
positivist theory.
4. Utilitarian or protective
theory The primary
function of punishment in
criminal law is to protect
society from potential and
actual wrongdoers. The
retrinbutive aspect of penal
laws should be directed
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against them. The law should
not be applied to further
materialism and opportunism.
The right of the State to restrain and
impose punishment on criminals is
anchored on its police power. (People
vs. Palmora, 46 Phil. 440 cited in
Regalado, 2007, p. 4)
Two Principles of Punishment
1. Utilitarian
 Seeks to punish offenders to
discourage or deter future
wrongdoing
 Laws should be used to maximize the
 Rehabilitation
2. Retributive
 Offenders are punished for criminal
behavior because they deserve
punishment
 Focuses on the crime itself as the
reason for imposing punishment
 Human beings have free will and
capable of making rational decisions
APPLICABILITY AND EFFECTIVITY
OF THE PENAL CODE
1. GENERALITY
Criminal law is binding on all persons
who live or sojourn in the Philippine territory.
Penal laws and those of public security and
safety shall be obligatory upon all those who
live or sjourn in Philippine territory, subject to
the principles of public international law and
to treaty and stipulations. (Article 14, New
Civil Code)
General Rule
 The criminal law of the country
governs all persons within the country
regardless of their race, belief, sex, or
creed.
Exceptions to the Rule
“Except as provided in the treaties and
laws of preferential application…” (Art. 2,
RPC)
1. Treaties
Examples of this exception are Art.
XIII of the former Military Bases
Agreement between the Philippines
and the United States and the Visiting
Forces Agreement. (Regalado, p.5)
2. Laws of preferential application
Republic Act No. 75 - A law that
penalize acts which would impair the
proper observance by the Republic
and inhabitants of the Philippines of
immunities, rights, and privileges of
duly accredited foreign diplomatic
representatives of the Philippines.
(Reyes, p. 12)
Punishable Acts
Sec. 4 punishes the issuance of a
writ or process or prosecution by any
person in any court in the Philippines,
by any judge or justice, whereby the
person of any ambassador or public
minister of any foreign State,
authorized and received as such by
the President, or any domestic or
domestic servant of any such
ambassador or minister is :
a. arrested or imprisoned or
b. his goods or chattels are
distrained, seized or
shall be deemed
attachedvoid
Every person concerned in executing it
shall suffer the penalty of imprisonment
for not more than three (3) years and a fine
of not exceeding two hundred pesos.
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Exceptions
Sec. 5 - The provisions of Section Four shall
not apply to:
1. Citizen or inhabitant of the
Philippines
a) In the service of an ambassador
or a public minister
b) The process is founded upon a
debt contracted before he
entered upon such service
2. Domestic Servant
a) Of an ambassador or a public
minister
Exception to the exceptions
The name of the domestic servant
has, before the issuance of the writ, been
registered in the DFA, and transmitted by the
Secretary of Foreign Affairs to the Chief of
Police of the City of Manila, who shall upon
receipt thereof post the same in some public
place in his office.
Sec. 7 - Not applicable when the foreign
country adversely affected does not provide
similar protection to our diplomatic
representatives. (Reyes, p. 12)
3. Principles of public international
law
The following are not subject to the
operation of our criminal laws:
(MMACCS)
1) Sovereigns and other chiefs of state;
2) Ambassadors;
3) Ministers plenipotentiary;
4) Ministers resident; and
5) Chares d’affaires.
(Reyes, p. 13)
However, it is subject to certain exceptions
brought about by international agreement.
Ambassadors, chiefs of states and other
diplomatic officials are immune from the
application of penal laws when they are in the
country where they are assigned.
A consul is not entitled to the privileges and
immunities of an ambassador or minister.

It is well settled that a consul is not
entitled to the privileges and immunities of
an ambassador or minister, but is subject
to the laws and regulations of the country
to which he is accredited. A consul is not
exempt from criminal prosecution for
violations of the laws of the country where
he resides.(Schneckenburger vs. Manuel
Moran, G.R. No. L-44896)
Consuls are not diplomatic officers. This
includes consul-general, vice-consul or
any consul in a foreign country, who are
therefore, not immune to the operation or
application of the penal law of the country
where they are assigned. Consuls are
subject to the penal laws of the country
where they are assigned.
The doctrine of immunity from suit will
not apply and may not be invoked where
the public official is being sued in his
private and personal capacity as an
ordinary citizen. The cloak of protection
afforded the officers and agents of the
government is removed the moment they
are sued in their individual capacity. This
situation usually arises where the public
official acts without authority or in excess
of the powers vested in him. (Khosrow
Minucher vs. CA, G.R. No. 97765, citing
Shauf v. CA, G.R. No. 90314)
It is well-settled principle of law that a
public official may be liable in his
personal private capacity for whatever
damage he may have caused by his act
done with malice or in bad faith or beyond
the scope of his authority or jurisdiction.
(Liang vs. People, G.R. No. 125865.
January 28, 2000;Shauf v. CA, 191 SCRA
713 (1990); Animos v. Phil. Veterans
Affairs Office, 174 SCRA 214 (1989);
Dumlao v. CA, 114 SCRA 247 (1982))
 Slandering a person could not
possibly be covered by the immunity
agreement because our laws do not
allow the commission of a crime,
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such as defamation, in the name of
official duty. (Liang v. People)
 The imputation of theft is ultra vires and
cannot be part of official
functions. (Liang v. People)
It has no reference to territory.
2. TERRITORIALITY
General Rule
Criminal laws undertake to punish
crimes committed within the Philippine
territory.
Territoriality means that the penal laws of the
country have force and effect only within its
territory. It cannot penalize crimes committed
outside the same. This is subject to certain
exceptions brought about by international
agreements and practice. The territory of the
country is not limited to the land where its
sovereignty resides but includes also its
maritime and interior waters as well as its
atmosphere.
Exception
Article 2 of the Revised Penal Code provides
for the extraterritorial application of penal
laws. (see the discussion under Art. 2)
Terrestrial jurisdiction is the jurisdiction
exercised over land.
Fluvial jurisdiction is the jurisdiction
exercised over maritime and interior waters.
Rules as to jurisdiction over crimes aboard
foreign merchant vessels.
1. The French Rule
The French Rule provides that the nationality
of the vessel follows the flag which the vessel
flies, unless the crime committed endangers
the national security of a foreign country
where the vessel is within jurisdiction in which
case such foreign country will never lose
jurisdiction over such vessel.
2. The American or Anglo-Saxon
or English Rule
This rule strictly enforces the territoriality
of criminal law. The law of the foreign
country where a foreign vessel is within its
jurisdiction is strictly applied, except if the
crime affects only the internal
management of the vessel In which case it
is subject to the penal law of the country
where it is registered.
The Philippines observes the English Rule.
Aerial jurisdiction is the jurisdiction
exercised over the atmosphere.
A crime which occurred on board of a
foreign vessel, which began when the ship
was in a foreign territory and continued
when it entered into Philippine waters, is
considered a continuing crime. Hence,
within the jurisdiction of the local courts.
(US v. Bull, G.R. No. 5270)
3. PROSPECTIVITY
The RPC has no retroactive effect.
This is also called irretrospectivity.
Acts or omissions will only be subject to a
penal law if they are committed after a
penal law had already taken effect.
Vice-versa, this act or omission which has
been committed before the effectivity of a
penal law could not be penalized by such
penal law because penal laws operate only
prospectively.
Exception: conditions are more lenient
or favorable to the accused (see Art. 22)
Exceptions to the exception
1. The new law expressly made
inapplicable to pending actions or existing
cause of action.
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2. Habitual Delinquent (Art. 22)
Rules of Construction of the RPC:
a. Its provisions are construed strictly against
the State and any doubt is resolved in favor of
the accused. (U.S. v. Abad Santos, 36 Phil.
243)
b. Spanish text is controlling. Since Act. No.
3815 was writtend and enacteed in Spanish the
original Spanish text of the law prevails over
the English text or translation.
Repeal of Penal law
may be express or implied
Effects:
a. If the repeal is absolute, the accused
should be acquitted (People vs. Tamayo,
61 Phil. 225), unless the repealing law
contains a saving clause to the effect that
violations committed prior to the repeal
should be punished under the law
(Lagrimas v. Director of Prisons, 57 Phil.
247)
b. If the repealing law does not punish the
act which constituted a crime under the
prior law, the court loses jurisdiction over
the case (People vs. Pastor, et al., 77 Phil.
1000); and
c. If the repeal is not express but merely
implied, as by reenactment, the court is
not deprived of juridiction as the criminal
liablity of the accused still subsists. (U.S.
vs. Cuna, 12 Phil. 241) (Regalado, 2007)
THE REVISED PENAL CODE
Consists of two books
Book One: 1st part (a) basic principles
affecting criminal liability (Arts. 1-20);
2nd part- provisions of penalties including
criminal and civil liability (Arts. 21-113)
Book Two: defines felonies with the
corresponding penalties classified and
grouped under fourteen different titles
(Arts. 114-365)
Article 1
Time when Act takes effect. - This Code
shall take effect on the first day of
January, nineteen hundred and thirty-two.
The Revised Penal Code, as enacted by the
Philippine Legislature, was approved on
December 8, 1930. It took effect on
January 1, 1932. Felonies and
misdemeanors, committed prior to January
1, 1932, were punished in accordance with
the Code or Acts in force at the time of
their commission, as directed by Art. 366
of the Revised Penal Code. (Reyes, 2012)
Article 2
Application of its provisions. - Except as
provided in the treaties and laws of
preferential application, the provisions of
this Code shall be enforced not only within
the Philippine Archipelago, including its
atmosphere, its interior waters and
maritime zone, but also outside of its
jurisdiction, against those who:
1. Should commit an offense while on a
Philippine ship or airship;
2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with
the introduction into these islands of the
obligations and securities mentioned in the
presiding number;
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4. While being public officers or employees,
should commit an offense in the exercise of
their functions; or
5. Should commit any of the crimes against
national security and the law of nations,
defined in Title One of Book Two of this
Code.
1. Should commit an offense while on a
Philippine ship or airship;
A Philippine vessel, although beyond three
miles from the seashore, is considered part of
the national territory. (Reyes)
But when the Philippine vessel or aircraft is in
the territory of a foreign country, the crime
committed on said vessel or aircraft is subject
to the laws of that foreign country. (Id.)
A Philippine vessel or aircraft must be
understood which is registered in the
Philippine Bureau of Customs. (Id.)
It is the registration of the vessel or aircraft in
accordance with the laws of the PHilippines,
not the citizenship of its owner which makes it
a Philippine ship or airship. A vessel or
aircraft which is unregistered or unlicensed
does not come within the purvies of paragraph
no. 1 of Article 2. (Reyes)
2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with
the introduction into these islands of the
obligations and securities mentioned in the
presiding number;
Pars. 2 and 3 both refer to those felonies
punishable under Arts. 163 and 166 but the
same are committed outside Philippine Article 3
Territory, and the fale or counterfeit coins
or forged treasury or bank notes or Article 3. Definitions. - Acts and omissions
obligations and securities are sought to be punishable by law are felonies (delitos).
introduced into the country. (Regalado)
Felonies are committed not only be means of
4. While being public officers or deceit (dolo) but also by means of fault
employees, should commit an offense in (culpa).
the exercise of their functions; or
There is deceit when the act is performed with
Crimes that may be committed in the deliberate intent and there is fault when the
exercise of public functions: wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
a. Direct bribery
b. Indirect bribery
c. Frauds against the public treasury Felonies
d. Possession of prohibited interest acts or omissions punishable by the RPC
e. Malversation of public funds or
property Elements
1. An act or omission imputable to the
f. Failure of accountable officer to
offender;
render accounts
g. Illegal use of public funds or property 2. Which he committed by dolo or culpa;
h. Failure to make delivery of public and
funds or property
i. Falsification by a public officer or 3. Which is punishable by law.
employee committed with abuse of
his official position
Act
5. Should commit any of the crimes “any bodily movement tending to produce
against national security and the law of some effect in the external world.” (People vs.
nations, defined in Title One of Book Gonzales, G.R. No. 80762, March 19, 1990)
Two of this Code.
CLASSIFICATION OF FELONIES
Crimes against national security and the
law of nations DOLO CULPA
1. Treason Involves malice or Results from
2. Conspiracy and proposal to commit deliberate intent negligence,
treason imprudence, lack of
3. Espionage foresight, lack of skill
4. Inciting to war and giving motives of Intentional Intent is replaced by
reprisals fault
5. Violation of neutrality
6. Correspondence with hostile country
7. Flight to enemy’s country 1. Intentional felonies (Dolo)
8. Piracy and mutiny on the high seas
Requisites:
B. FELONIES

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1. Criminal intent – the purpose to use a
particular means to effect such result.
Intent to commit an act with malice being
purely a mental process is presumed.
Such presumption arises from the proof of
commission of an unlawful act. A mental
state, hence, its existence is shown by
overt acts.
Ordinarily, evil intent must unite with an
unlawful act for a crime to exist. Actus
non facit reum, nisi mens sit rea. There
can be no crime when the criminal mind is
wanting. (Lecaroz v. Sandiganbayan, G.R.
No. 130872)
Note: If there is NO criminal intent, the
act is justified. Offender incurs NO
criminal liability. E.g. The existence of a
lawful or insuperable cause, commission
by mere accident.
2. Freedom of action – voluntariness on
the part of the person to commit the act or
omission.
Note: If there is lack of freedom, the
offender is exempt from liability. Example
is the presence of irresistible force or
uncontrollable fear.
In criminal law, voluntariness
comprehends the concurrence of freedom
of action, intelligence and the fact that the
act was intentional.
3. Intelligence – means the capacity to
know and understand the consequences of
one's act.
Note: If there is lack of intelligence, the
offender is exempt from liability. E.g. is
when the offender is an imbecile, insane,
or under 15 years of age.
Note: If any of these requisites is absent,
there is no dolo. If there is no dolo, there
could be no intentional felony.
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2. Culpable Felonies (Culpa)
Requisites:
1. Criminal negligence on the part of the
offender, that is, the crime was the result of
negligence, reckless imprudence, lack of
foresight or lack of skill.
Note: Negligence indicates deficiency of
perception or failure to pay attention and to
use diligence in foreseeing the injury or
damage impending to be caused. It usually
involves lack of foresight.
Imprudence indicates deficiency of action or
failure to take the necessary precaution to
avoid injury to person or damage to property.
It usually involves lack of skill.
2. Freedom of action on the part of the
offender, that is, he was not acting under
duress.
3. Intelligence on the part of the offender in
performing the negligent act.
Note: If any of these requisites is absent, there
can be no culpa.
Mens Rea
Mens rea is referred to as the gravamen of the
offense. Mens rea of the crime depends upon
the elements of the crime. It can only be
determined by knowing the particular crime
committed
Mens rea likewise denotes a guilty mind, a
guilty or wrongful purpose, or a criminal
intent. (Regalado, 2007)
Note:
1. In theft, the mens rea is the taking of the
property of another with intent to gain.
2. In falsification, the mens rea is the effecting
of the forgery with intent to pervert the truth.
3. In robbery, the mens rea is the taking of the
property of another coupled with the
employment of intimidation or violence
upon persons or things.
Intent
Intent refers to the use of a particular
means to effect the desired result. It is a
mental state, the existence of which is
demonstrated by the overt acts of a person.
*Kinds:
1. General criminal intent – Is presumed
from the mere doing of a wrong act. This
does not require proof. The burden is upon
the wrongdoer to prove that he acted
without such criminal intent.
Note: In felonies by means of deceit, the
third element of voluntariness is a general
intent.
2. Specific criminal intent – Is not
presumed because it is an ingredient or
element of a crime, like intent to kill in the
crimes of attempted or frustrated
homicide/parricide/murder. The
prosecution has the burden of proving the
same.
Note: In some particular felonies, proof of
specific intent is required to produce the
crime such as in frustrated and attempted
homicide.
May a crime be committed without
criminal intent?
Yes, in two cases:
(a) Felonies committed by means of
culpa;
(b) Offenses punishable as mala prohibita
(Gregorio, 2008)
Motive vs. Intent
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Motive is a state of mind which others cannot
discern, It is not an element of the crime and
as such does not have to be proved. In fact,
lack of motive for committing a crime does not
preclude conviction. IT is judicial m
knowledge that persons have been killed or
assaulted for no reason at all. Even in the
absence of a known-motive, the time-honored
rule is that motive is not essential to convict
when there is no doubt as to the identity of the
culprit. Motive assumes significance only
where there is no showing of who the
perpetrator of the crime was. (Rodolfo Velasco
vs. People, G.R. No. 166479, February 28,
2006)
Factors Affecting Intent:
1. Mistake of fact‐ that which had the facts
been true to the belief of the offender, his act
can be justified. It is such mistake that will
negate criminal liability because of the
absence of the element of intent.
Requisites of Mistake of Fact
(AWI)
1. Act done would have been lawful, had the
facts been as accused believed them to be
2. Without fault or negligence or carelesness
on the part of the accused
3. Intention should be lawful
The act of a person does not make him a
criminal unless his mind be criminal. (US v.
Catolico)
The presumption of criminal intent does not
arise from the commission of a lawful act.
Jurisprudence
Ah Chong being afraid of bad elements,
locked himself in his room by placing a chair
against the door. After having gone to bed, he
was awakened by somebody who was trying to
open the door. He asked the identity of the
person, but he did not receive a response.
Fearing that this intruder was a robber, he
leaped out of bed and said that he will kill
the intruder should he attempt to enter. At
that moment, the chair struck him.
Believing that he was attacked, he seized a
knife and fatally wounded the intruder.
(United States v. Ah Chong)
Note: Mistake of fact would be relevant
only when the felony would have been
intentional or through dolo, but not when
the felony is a result of culpa. When the
felony is a product of culpa, do not discuss
mistake of fact.
Article 4
Criminal liability. - Criminal liability
shall be incurred:
1. By any person committing a felony
(delito) although the wrongful act done
be different from that which he
intended.
2. By any person performing an act
which would be an offense against
persons or property, were it not for the
inherent impossibility of its
accomplishment or an account of the
employment of inadequate or
ineffectual means.
How Criminal Liability is Incurred
1. By committing a felony even if the
wrong produced as a consequence
thereof is not intended by the
offender.
2. In case of impossible crimes.
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By committing a felony even if the wrong
produced as a consequence thereof is not
intended by the offender.
Rationale: el que es causa de la causa es
causa del mal causado
he who is the cause of the cause is the cause of
the evil caused
When a person has not committed a felony, he
is not criminally liable for the result which is
not intended.
e.g. One who tries to retain the
possession of his bolo which was being taken
by another and because of the struggle the tip
of the bolo struck and pierced the breast of a
bystander, is not criminally liable therefor,
because the law allows a person to use the
necessary force to retain what belongs to him.
(People v. Bindoy, 56 Phil. 15)
Requisites of Paragraph 1 of Art. 4
1. That an intentional felony has been
committed; and
2. That the wrong done to the aggrieved part
be the direct, natural and logical consequence
of the felony committed by the offender. (U.S.
v. Brobst, 14 Phil. 310; People v. Iligan, G.R.
No. 75369, Nov. 26, 1990)
1st requisite - That an intentional felony has
been committed
No felony is committed when:
1. the act or omission is not punishable by the
R.P.C.; or
2. The act is covered by any of the justifying
circumstances enumerated under Art. 11 of the
RPC.
 One who tried to kill himself by jumping
out of the window, but as a consequence
 of the act an old woman died is not
criminally liable for intentional
homicide.
 One who shoots at another in
self-defense, defense of relative,
defense of a stranger, or in the
fulfillement of duty is not committing
a felony, the act being justified.
(Reyes)
Any person who creates in another’s mind
an immediate sense of danger, which
causes the latter to do something resulting
in the latter’s injuries, is liable for the
resulting injuries.
The rule is that "if a man creates in another
man's mind an immediate sense of danger
which causes such person to try to escape,
and in so doing he injures himself, the
person who creates such a state of mind is
responsible for the injuries which
result" (Reg. vs. Halliday 61 L. T. Rep.
[N.S.] 701, cited in U.S. vs. Valdez, 41
Phil. 4911, cited in People vs. Toling)
Following that rule, it was held that "if a
person against whom a criminal assault is
directed reasonably believes himself to be
in danger of death or great bodily harm
and in order to escape jumps into the
water, impelled by the instinct of
self-preservation, the assailant is
responsible for homicide in case death
results by drowning" (People v. Toling,
G.R. No. L-27097 )
2nd requisite - That the wrong done to
the aggrieved part be the direct, natural
and logical consequence of the felony
committed by the offender.
It is an established rule that a person is
criminally responsible for acts committed
by him in violation of the law and for all
the natural and logical consequences
resulting therefrom. (U.S. v. Sornito, 4
Phil. 357)
12
The felony committed must be the proximate
cause of the resulting injury.
Proximate cause
that cause, which, in natural and continuous
sequence, unbroken by any efficient
intervening cause, produces the injury, and
without which the result would not have
occurred. (G.R. No. 160110 June 18,
2014 MARIANO C. MENDOZA and
ELVIRA LIM, vs. SPOUSES LEONORA J.
GOMEZ and GABRIEL V. GOMEZ)
The felony committed is not the proximate
cause of the resulting injury when:
a) There is an active forece that intervened
between the felony committed and the
resulting injury, and the active force is a
distince act or fact absolutely foreign from the
felonious act of the accused; or
b) The resulting injury is due to the intentional
act of the victim.
The offender is criminally liable for the death
of the victim if his delictual act caused,
accelerated or contributed to the death of the
victim. A different doctrine would tend to give
immunity to crime and take away fromhuman
life a salutary and essential safeguard. (Quinto
v. Andres, G.R. No. 155791 cited in Reyes,
2017)
“Although the wrongful act be different
from that which he intended”
The offender is still criminally liable if there is
a/an: (EPA)
a. Error in personae
Mistake in the identity of the victim
b. Aberratio Ictus
Mistake in the blow
c. Praeter intentionem
The injurious result is greater than
intended.
A. CLASSIFICATION OF FELONIES (2) that the act was done with evil intent; and
(A
IMPOSSIBLE CRIME (3) that its accomplishment was inherently
impossible, or the means employed was either
(Art. 4 par. 2 RPC) inadequate or ineffectual. (Jacinto v. People,
G.R. 162540)
2. By any person performing an act
which would be an offense against Felonies against persons:
persons or property, were it not for the 1. Parricide
inherent impossibility of its 2. Murder
accomplishment or on account of the 3. Homicide
employment of inadequate or 4. Infanticide
ineffectual means.” 5. Abortion
6. Duel
7. Physical Injuries
8. Rape
The Revised Penal Code, inspired by the
Positivist School, recognizes in the Felonies against property:
offender his formidability, and now 1. Robbery
penalizes an act which were it not aimed at 2. Brigandage
something quite impossible or carried out 3. Theft
4. Usurpation
with means which prove inadequate,
5. Culpable insolvency
would constitute a felony against person or 6. Swindling and other deceits
against property. The rationale of Article 7. Chattel mortgage
4(2) is to punish such criminal tendencies. 8. Arson and other crimes involving
(see Intod v. CA) destruction
9. Malicious Mischief

The commission of an impossible crime is

indicative of criminal propensity or
criminal tendency on the part of the actor.
Such person Is a potential criminal.
Accordint to the positivist thinking, the
community must be protected from
anti-social activities, whether actual or
potential, of the morbid type of man called
“socially dangerous person”. (Reyes)
Purpose: To suppress criminal propensity
or criminal tendencies. Objectively, the
offender has not committed a felony, but
subjectively he is a criminal. (Reyes)
Requisites
(1) that the act performed would be an
offense against persons or property;
Notes:
1. Offender must believe that he can
consummate the intended crime, a man
stabbing another who he knew was already
dead cannot be liable for an impossible crime.
2. The law intends to punish the criminal
intent.
3. There is no attempted or frustrated
impossible crime.
Under Par. 2, Art. 4 of the RPC, the act
performed by the offender cannot produce an
offense against person or property because:

13
1) the commission of the offense is
inherently impossible of accomplishment;
2) the means employed is either (a)
inadequate or (b) ineffectual. (Intod v. CA
& People, G.R. No. 103119, Oct. 21,
1992)
Two kinds of impossibility
Legal impossibility occurs where the
intended acts, even if completed, would
not amount to a crime.
Legal impossibility would apply to those
circumstances where:
(1) the motive, desire and expectation is to
perform an act in violation of the law;
(2) there is intention to perform the
physical act;
(3) there is a performance of the intended
physical act; and
(4) the consequence resulting from the
intended act does not amount to a crime.
e.g. killing a person already dead
Factual Impossibility occurs when
extraneous circumstances unknown to the
actor or beyond his control prevent the
consummation of the intended crime.
E.g. the man who puts his hand in the coat
pocket of another with the intention to
steal the latter's wallet and finds the pocket
empty (See Intod v. CA)
In impossible crime the act performed
should not constitute a violation of
another provision of the code.
14
Article 5. Duty of the court in connection with
acts which should be repressed but which are
not covered by the law, and in cases of
excessive penalties. - Whenever a court has
knowledge of any act which it may deem
proper to repress and which is not punishable
by law, it shall render the proper decision, and
shall report to the Chief Executive, through the
Department of Justice, the reasons which
induce the court to believe that said act should
be made the subject of legislation.
In the same way, the court shall submit to the
Chief Executive, through the Department of
Justice, such statement as may be deemed
proper, without suspending the execution of
the sentence, when a strict enforcement of the
provisions of this Code would result in the
imposition of a clearly excessive penalty,
taking into consideration the degree of malice
and the injury caused by the offense.
PARAGRAPH 1, ART. 5 (trial of a criminal
case) requires the following:
1. The act committed by the accused appears
not punishable by any law;
2. But the court deems it proper to repress
such act;
3. The court must render the proper decision
by DISMISSING the case and
ACQUITTING the accused;
4. The judge must then make a report to the
Chief Executive, through the Secretary of
Justice, stating the reasons which induce him
to beleive that the said act should be made the
subject of penal legislation.
Basis: “nullum crimen, nulla poena sine lege”
There is no crime if there is no law that
punishes the act. (Reyes, 2017)
PARAGRAPH 2, ART. 5 (cases of
excessive penalties)

1. The court after trial finds the accused
guilty.
2. The penalty rpovided by law and which
the court imposes for the crime committed
appears to be clearly excessive because-
a. The accused acted with
LESSER degree of malice, and/or;
b. There is no injury or the injury
caused is of lesser gravity.
3. The court should NOT SUSPEND the
execution of the sentence.
4. The judge should submit a statement to
the Chief Executive, through the Secretary
of Justice, recommending executive
clemency.
Article 6. Consummated, frustrated, and
attempted felonies. - Consummated
felonies as well as those which are
frustrated and attempted, are punishable.
A felony is consummated when all the
elements necessary for its execution and
accomplishment are present; and it is
frustrated when the offender performs all
the acts of execution which would produce
the felony as a consequence but which,
nevertheless, do not produce it by reason
of causes independent of the will of the
perpetrator.
There is an attempt when the offender
commences the commission of a felony
directly or over acts, and does not perform
all the acts of execution which should
produce the felony by reason of some
cause or accident other than this own
spontaneous desistance.
STAGES OF EXECUTION
The classification of stages of a felony in
Article 6 are true only to crimes under the
15
Revised Penal Code. This does not apply to
crimes punished under special laws. But even
certain crimes which are punished under the
Revised Penal Code do not admit of these
stages.
DEVELOPMENT OF CRIME
1. Internal Acts mere ideas in the mind of a
person, are not punishable even if, had they
been carried out they would constitute a crime.
2. External Acts includes:
(a) Preparatory acts; and
(b) Acts of execution
(a) Preparatory acts - ordinarily they are not
punishable.
e.g. (1) buying poision or carrying a weapon
with which to kill the intended victim
Conspiracy and proposal to
commit felony are only preparatory acts,
hence, they are not punishable.
Exception
when the law provides for their punishment in
certain felonies (Art. 8)
- Conspiracy and proposal to commit
treason
-Preparatory acts which are considered
in themselves, by law, as independent crimes
are punishable.
Art. 304 - Possession of picklocks
b. Acts of execution
Attempted, Frustrated and
Consummated. (Art. 6)
Attempted Felony
Elements:
1. The offender commences the commission of
a felony directly by overt acts;
2. He does not perform all the acts of
executionwhich should produce the
felony;
3. The offender’s act is not stopped by his
own sponteneous desistance;
4. The non-performance of all acts of
execution was due to cause or accident
other than his spontaneous desistance.
When is the commission of a felony
deemed commenced directly by overt
acts?
1. That there be external acts;
2. Such external acts have direct
connection with the crime intended to be
committed.
Overt acts
defined as some physical activity or deed,
indicating the intention to commit a
particular crime, more than a mere
planning or preparation, which if carried
out to its complete termination following
its natural course, without being frustrated
by external obstacles nor by the
spontaneous desistance of the perpetrator,
will logically and necessarily ripen into a
concrete offense. (People v. Lizada, G.R.
No. 143468-71. January 24, 2003)
Overt act may not be physical activity.
A proposal consisting in makin an offer
of money to a public officer for the
purpose of corrupting him is the overt act
in the crime of corruption of public officer.
(U.S. v. Gloria, 4 Phil. 341)
The external acts must have a direct
connection with the crime intended to be
committed by the offender.
If the actor does not perfrom all the acts of
execution by reason of his own
spontaneous desistance, there is no
attempted felony. The law does not punish
him. (Reyes)
16
Reason: It is a sort of reward granted by law
to those who, having one foor on the verge of
crime, heed the call of their conscience and
return to the path of righteousness. (Viada,
Cod. Pen., 35-36)
The desistance may be through fear or
remorse. (People v. Pambaya, 60 Phil. 1022)
The desistance should be made before all the
acts of execution are performed. (Reyes)
The desistance which exempts from criminal
liability has reference to the crime intended to
be committed, and has no reference to the
crime actually committed by the offender
before his desistance.
Desistance
It is an absolutory cause which negates
criminal liability because the law allows a
person to desist from committing a crime.
(Estrada, Book One)
Kinds of Desistance
1. Legal Desistance
It is a desistance referred to in law
which would obviate criminal liability unless
the overt or preparatory act already committed
in themselves. Constitute a felony other than
what the actor intended.
It is made during the attempted stage.
2. Factual Desistance
It is the end thereof and the start of the
objective phase,
Subjective Phase & Objective Phase of the
offense
SUBJECTIVE PHASE
that portion of its execution starting from the
point where the offender begins by overt acts
to pursue the crime until he is prevented,
against his will, by some outside cause from
performing all of the acts which would
produce the offense.
If the subjective phase has not yet passed,
then the crime is only attempted.
If that phase has been done but the felony
is not produced, the crime is frustrated.
The crime is consummated if, following
the subjective phase, the last of the
elements of the felony meets to concur.
(People v. Enriquez, G.R. No. 99838, Oct.
23, 1997)
These rules are inapplicable to offenses
governed by special laws.
Objective Phase
The result of the acts of execution.
Elements
(1) The offender performs all the acts of
execution;
(2) all the acts performed would produce
the felony as a consequence;
(3) but the felony is not produced; and
(4) by reason of causes independent of the
will of the perpetrator.
(Martinez v. Court of Appeals, G.R. No.
168827, April 13, 2007; People v.
Bonifacio Badriago, G.R. No. 183566)
The essential element which distinguishes
attempted from frustrated felony is that, in
the latter, there is no intervention of a
foreign or extraneous cause or agency
between the beginning of the
consummation of the crim and the moment
when all of the acts have been performed
which should result in the consummated
crime; while in the former there is such
intervention and the offender does not
arrive at the point of performing all of the
ats which should produce the crime. He is
stopped short of that point by some cause
apart from his own voluntary desistance.
(People v. Orita, G.R. No. 88724)
In crimes against persons, as homicide,
which requires the victim’s death to
17
consummate the felony it is necessary for the
frustration of the same that a mortal wound
be inflicted, because then the wound could
produce the felony as a consequence. (People
v. Guihama, et al., 13 C.A. Rep. 557)
 Where the accused stabbed the offended
party in the abdomen, penetrating the
liver, and in the chest. It was only the
prompt and skillful medical treatment
which the offended party received that
saved his life. (People v. Honrada, 62
Phil. 112)
 Where the accused wounded the victim in
the left abdomen with a sharp-edged
weapon, causing a wound in the peritonial
cavity, serious enough to have produced
death. (People v. Mercado, 51 Phil 99)
 Where the accused in firing his revolver
at the offended party hit him in the upper
side of the body, piercing it from side to
side and perforating the lungs. The victim
was saved due to adequate and timely
intervention of medical science. (People
v. David, 60 Phil. 93)
In other cases, when there was no wound
inflicted or the wound inflicted was not mortal
the stage of execution was held to be attempted
only.
The crucial point to consider is the nature of
the wound inflicted which must be supported
by independent proof showing that the wound
inflicted was sufficient to cause the victims
death without timely medical intervention.
(Serrano v. People, G.R. No. 175023)
Attempted or Impossible Crime
frustrated
The evil intent of the offender is not
accomplished.
The evil intent of the The evil intent of the
offender is possible of offender cannot be
accomplishment. accomplished.
What prevented its The evil intent cannot
accomplishment is the be accomplished
intervention of certain because it is inherently
cause or accidedn in impossible of
which the offender had accomplishment or
no part. because the means slander, there is either a crime or no crime at
employed by the all, depending upon whether or not defamatory
offender is inadequate words were spoken pubicly. (Albert)
or ineffectual.
2. Crimes consummated by mere attempt or
proposal or by overt act.
Consummated felony
A felony is consummated when all Flight to enemy’s country (Art. 121)
the elements necessary for its execution Corruption of minors (Art. 340)
and accomplishment are present.
3. Felony by omission

There can be no attempted stage when the

When not all the elements of a felony
are proved
(1) The felony is not shown to have been
consummated; or
(2) The felony is not shown to have been
committed; or
(3) Another felony is shown to have been
committed.
The following must be considered to
determine whether the crime is only
attempted, frustrated or consummated:
1. The nature of the offense;
2. The elements constituting the felony
3. The manner of committing the same.
Manner of committing the crime
felony is by omission, because in this kind of
felony the offender does not execute acts.
(Reyes)
4. Crimes requiring the intervention of two
persons to commit them are consummated
by mere agreement.
In those crimes, like betting in sport
contests and corruption of public officer (Art.
196 and Art. 212), which require the
intervention of two persons to commit them,
the same are consummated by mere
agreement. The offer made by one of the
parties to the other constitutes attempted
felony, if the offer is rejected. (U.S. v. Basa, 8
Phil. 89)
5. Material Crimes
There are three stages of execution:
attempted, frustrated and consummated.

1. Formal crimes

Formal crimes are crimes which are

consummated in one instance.

e.g. Slander, false testimony

In oral defamation, there is no attempted

oral defamation or frustrated oral
defamation; it is always in the
consummated stage.

As a rule, there can be no attempt at a

formal crime, because between the thought
and the deed there is no chain of acts that
can be severed in any link. Thus, in

18
 2. He was previously convicted by final
ATTEMPTED FRUSTRATED CONSUMMATED judgment of another crime;
criminal criminal Criminal
purpose purpose purpose 3. That both first and second offense are
was not was not Was embraced in the same title of the RPC; (e.g.
accomplished accomplished accomplished. Robbery & theft)
Offender Offender has Offender has
merely performed all performed all 4. Offender is convicted of the new offense.
commences the acts of the acts of
the execution execution which There is recidivism even if the lapse of time
commission ofwhich would would produce between two felonies is more than 10 years.
the crime
produce the then felony as
directly by
felony as a the consequence. Pardon does not obliterate the fact that the
overt acts. consequence. accused was a recidivist, but amnesty
The The The felony was extinguishes the penalty and its effects.
intervention of
intervention produced as a
certain causeof certain consequence of
or accident
cause the act of the Habituality (Reiteracion)
which the or accident offender It is essential that the offender be previously
offender had which punished, he has served sentence, for an
no part
the offender offense which the law attaches, or provides for
prevented thehad an equal or greater penalty than that attached
accomplishme no part by law to the second offense, or for two or
nt prevented the more offenses in which the law attaches a
accomplishme lighter penalty. (Par.10, Art. 14)
nt
Offender has Offender has Subjective and Quasi-Recidivism
not reached the objective phase Any person who shall commit a felony after
passed the objective stage are present having been convicted by final judgment
subjective before beginning to serve such sentence or
phase while serving the same, shall be punished by
the maximum period of the penalty prescribed
by law for the new felony. (Art. 160 )
There is no attempted or frustrated
impossible crime. (Reyes) Defendant, while serving sentence in Bilibid
for one crime, struck and stabbed the foreman
There is no frustrated rape. of the brigade prisoners. (People v. Durante)

MULTIPLE OFFENDERS Habitual Delinquency (S.P.I.R.T.E.F)

When a person, within a period of ten years
Recidivist from the date of his release or last conviction
one who, at the time of his trial for one of the crimes of serious or less serious physical
crime, shall have been prviously convicted injuries, robbery, theft, estafa or falsification,
by final judgment of another crime is found guilty of any of said crimes a third
embraced in the same title of the RPC. thime or oftener. (Art. 62)

Requisites: The offender is either a recidivist or one who

has been previously ounished for two or more
1. Offender is on trial for an offense; offenses (habitutality), he shall suffer an
additional penalty for being a habitual
delinquent.

19
 crime” is used in criminal procedure when any
of the material ingredients of the crime was
Reiteracion Recidivism committed in different places.
Offender has Only requires
served final judgment A “continued crime” is one where the offender
sentence for for the 1st performs a series of acts violating one and the
the 1st offense
offense same penal provision committed at the same
The new
The new place and about the same time for the same
offense is not
offense and criminal purpose, regardless of a series of acts
embraced in the 1st offense done, it is regarded in law as one.
the same title
must be
of the code. embraced in
the same tite Where the accused took five roosters from one
of the RPC. and the same chicken coop, although, the
(e.g. Robbery roosters were owned by different persons, it
& Theft) was held that there is only one crime of theft
This is not Always be committed, because the accused acted out of a
always taken into single criminal impulse only. However
aggravating. consideration. performing a series of acts but this is one and
the same intent Supreme Court ruled that only
one crime is committed under one information.
(People v. De Leon)

COMPLEX AND COMPOSITE CRIMES

CONTINUING CRIMES
A single crime, consisting of a series of
acts but all arising from one criminal
resolution.
A continuing offense is a continuous,
unlawful act or series of actws set on foot
by a single impulse and operated by an
unintermittent force, however long a time
it may occupy. (22 C.J. 552)
Complex crime exists when two or more
crimes are committed but they constitute only
one crime in the eyes of the law. Here, there is
only one criminal intent hence, only one
penalty is imposed.
1. A single criminal act constituting 2 or more
grave or less grave felonies.
2. Offender has only one criminal intent,
hence, there is only one penalty imposed.

Kinds:

The term “continuing crimes” as 1. Compound crime

sometimes used in lieu of the term
“continued crimes”, however, both terms
are analogous, they are not really used
with the same import. “Continuing crime”
is the term used in criminal procedure to
denote that a certain crime may be
prosecuted and tried not only before the
court of the place where it was originally
committed or began, but also before the
court of the place where the crime was
continued. Hence, the term “continuing
when a single act constitutes two or
more grave or less grave felonies.
Requisites:
a. Only a single act is performed by the
offender
b. The single act produces:
i. Two or more grave felonies
ii. One or more grave and one or more
less grave felonies

20
 iii. Two or more less grave felonies. b. In all stages if the crime is against persons
or property.
2. Complex crime proper
when an offense is the necessary Who are punishable:
means for committing the other.

Requisites: Principals and accomplices

a. At least two offenses are committed Accessories are not criminally liable for light
felonies. (Boado)
b. One or some of the offenses must be
necessary to commit the other

c. Both or all the offenses must be

punished under the same statute
3. Special complex crime
known as composite crime, the
component crimes constitute a single
indivisible offense and are thus penalized
as one crime
Article 7. When light felonies are
punishable. - Light felonies are punishable
only when they have been consummated,
with the exception of those committed
against person or property.
Light Felonies
are those infractions of law for the
commission of which a penalty of arrest
menor or a fine not exceeding 200 pesos or
both; is provided.
“ those infractions of law or the commission
of which the penalty of arresto menoror a
fine not exceeding Forty housand pesos
(₱40,000) or both is provided” (Amended by
R.A. 10951)
When light felonies are punishable:
Article 8. Conspiracy and proposal to commit
felony. - Conspiracy and proposal to commit
felony are punishable only in the cases in
which the law specially provides a penalty
therefor.
A conspiracy exists when two or more persons
come to an agreement concerning the
commission of a felony and decide to commit
it.
There is proposal when the person who has
decided to commit a felony proposes its
execution to some other person or persons.
Conspiracy
exists when two or more persons come to an
agreement concerning the commission of a
felony and decide to commit it
Requisites:
1. That two or more persons came to an
agreement;
2. That the agreement concerned the
commission of a felony; an
3. That the execution of the felony be decided
upon. (Reyes, Book One, p. 132-133)

a. Only when consummated except for

crimes against persons or property.
Proposal

21
when the person who has decided to
commit a felony proposes its execution to
some other person or persons Conspiracy as a felony vs. Conspiracy as a
manner of incurring criminal liabililty
Requisites: As a felony As manner of
1. That a person has decided to commit a incurring criminal
felony; and liability
2. That he proposes its execution to some The subject of The execution of the
other person or persons. conspiracy is not yet plan is commenced.
committed but the Conspiracy by itself
General rule mere act of conspiring ceases to be the crime
is defined and but is absorbed. Hence,
Conspiracy and proposal to commit felony
punished as a crime, the crime above is no
are not punishable. for instance, proposal longer conspiracy to
and conspiracy to commit rebellion but
Exception commit treason or Rebellion under Art.
They are punishable only in the cases in rebellion. 135
which the law specially provides a penalty Felony relates to a
therefor. (Reyes) crime actually
committed. When
Reason for the rule there is conspiracy, the
act of one is the act of
Conspiracy and proposal to commit a
all.
crime are only preparatory acts, and the
(Boado; Reyes, Book One)
law regards them as innocent or at least
permissible except in rare and exceptional
Direct proof is not essential to establish
cases.
conspiracy. (Reyes)
It is essential for one to be liable for the
Implied Conspiracy
acts of the others that there be intentional
The offenders acted in concert during the
participation in the transaction with a view
commission of the crime.
to the furtherance of the common design.
Except when he is the mastermind in a
conspiracy, it is necessary that a Here it is essential that the conspirator
conspirator should have performed some participated in the commission of the crime to
overt act as a direct or indirect be liable. His mere presence or approval of the
contribution in the execution of the crime crime without more will not make him liable
planned to be committed. The overt act because there would be no basis for deducing
may consist of: conspiracy as to hikm as there is absent crim
inis particeps. Mere knowledgem acquiescence
to or approval of the act without cooperatio or
a. Active participation in the
agreement to cooperate, is not enought to
actual comission of the crime itselfl
constitute one a party to a conspiracy absent
b. Moral assistance to his
the intentional participation in the act with a
co-conspirators by being present at the
view to the furtherance of the common design
commission of the crime; or
and purpose. (People v. Bragaes, G.R. No.
c. Exerting moral ascendancy over 62359) (see Boado)
the other co-conspirators. (Pecho v. People,
G.R. No. 111399) (Boado)

22
There is no criminal proposal when:
1. The person who proposes is not
determined to commit the felony.
2. There is no decided, concrete and
formal proposal.
3. It is not the execution of a felony that is
proposed. (Reyes)
When may the head of a government
office be held liable as co-principal for
the acts of his subordinates?
If he by an act of reckless imprudence
brought about the commission of estafa
thru falsification, or malversation through
falsification, without which the crime
could not have been accomplished. When,
however, that infraction consists in the
reliance in good faith, albeit misplaced by
a head of office on a subordinate upon
whom the primary responsibility rests,
absent a clear case of conspiracy, the Arias
doctrine must be help to prevail. (Magsuci
v. Sandiganbayan, Jan. 3, 1995 cited in
Boado)
Arias doctrine
Under this doctrine all heads of offices
have to rely to a reasonable extent on their
subordinates and on the good faith of those
who prepare bids, purchase supplies, or
enter into negotiations. There has to be
some added reason why he should
examine each voucher in such detail. Any
executive head of even small government
agencies or commissions can attest to the
volume of papers that must be signed.
There are hundreds of documents, letters,
memoranda, vouchers, and supporting
papers that routinely pass through his
hands. The number in bigger offices or
departments is even more appalling. (Arias
v. Sandiganbayan, G.R. No. 81563)
23
Article 9. Grave felonies, less grave felonies
and light felonies. - Grave felonies are those to
which the law attaches the capital punishment
or penalties which in any of their periods are
afflictive, in accordance with Art. 25 of this
Code.
Less grave felonies are those which the law
punishes with penalties which in their
maximum period are correctional, in
accordance with the above-mentioned Art..
Light felonies are those infractions of law for
the commission of which a penalty of arrest
menor or a fine not exceeding 200 pesos or
both; is provided.
AMENDED BY RA 10951
“ART. 9. Grave felonies, less grave felonies and
light felonies.— Grave felonies are those to
which the law attaches the capital punishment or
penalties which in any of their periods are
afflictive, in accordance with Article 25 of this
Code.
“Less gave felonies are those which the law
punishes with penalties which in their maximum
period are correctional in accordance with
abovementioned article.
“Light felonies are those infractions of law or the
commission of which the penalty of arresto
menoror a fine not exceeding Forty housand
pesos (₱40,000) or both is provided.”
Grave Felonies are penalized by capital
punishent or afflictive penalties in any of its
period.
1. Reclusion Perpetua;
2. Reclusion Temporal;
3. Perpetual or temporary or absolute
disqualification;
4. Perpetual or temporary special
disqualification;
5. Prision mayor.
Less grave felonies are punished with
penalties which in their maximum period
are correctional.
1. Prision correcional
2. Arresto mayor
3. Suspension
4. Destierro
Light Felonies are infractions punished by
arresto menor or fine not exceeding
P40,000.00 or both.
The classification of felonies as to
severity is significant to determine:
a. If the felony is punishable; (Art. 7)
b. Whether the accessory is liable;
c. Whether a complex crime
committed;
d. The duration of the subsidiary penalty;
e. The duration of the detention in case of
failure to post the bond to keep the peace;
(Art. 35)
f. Whether the crime has prescribed; (Art.
90)
g. The proper penalty for quasi-offenses.
(Boado)
Article 10 Offenses not subject to the
provisions of this Code. - Offenses which
are or in the future may be punishable
under special laws are not subject to the
provisions of this Code. This Code shall
be supplementary to such laws, unless the
latter should specially provide the
contrary.
General rule:
1. Special laws are not subject to the
provisions of the RPC.
2. The RPC shall be supplementary to special
laws.
Exception
1. When the law provides otherwise.
CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY
1. Justifying circumstances
2. Exempting circumstances
was 3. Mitigating circumstances
4. Aggravating circumstances
5. Alternative circumstances
Other two (2) circumstances found in the
RPC affecting criminal liability
1. Absolutory cause – has the effect of an
exempting circumstance and it is predicated on
lack of voluntariness such as instigation
2. Extenuating circumstances – the effect of
extenuating circumstances is to mitigate the
criminal liability of the offender
Examples of Absolutory Causes:
1. Accessory is a relative of the principal.
(Art. 20)
2. Discovering secrets through seizure of
correspondence of ward by their guardian is
not penalized. (Art. 219)
24
3. When only slight or less serious
physical injuries are inflicted by the person
who surprised his/her spouse or daughter 7. Trespass to dwelling when the purpose of
in the act of sexual intercourse with entering another’s dwelling against the latter’s
another person. (Art. 247) will is to prevent some serious harm to
himself, the occupants of the dwelling or a
4. Crime of theft, swindling or malicious third person, or for the purposes of rendering
mischief is committed against a relative. some services to humanity or justice, or when
(Art. 332) entering cafes, taverns, inns and other public
houses, while the same are open. (Art. 280 par.
5. Marriage of the offender with the 2)
offended party when the crime committed
is rape, abduction, seduction, or acts of 8. Adultery and concubinage if the offended
lasciviousness. (Art. 344) party shall have consented or pardoned the
offenders. (Art. 344)
6. Instigation
The criminal intent originates in the mind JUSTIFYING CIRCUMSTANCES
of the instigator and the accused is lured
into the commission of the offense They are those acts of a person said to be in
charged in order to prosecute him. (People accordance with law, such that a person is
v. Ramos, Jr., G.R. No. 88301) deemed not to have transgressed the law and is
free from both criminal and civil liability.
Entrapment is the employment of ways
and means for the purpose of trapping or Kinds: (SeRSAFO)
capturing a lawbreaker;the idea to commit
the crime originates from the accused. 1. Self‐defense
This is not an absolutory cause. 2. Defense of relatives
3. Defense of stranger
Entrapment Instigation 4. Avoidance of greater evil or injury
The mens rea Evil idea originated 5. Fulfillment of duty or exercise of right or
originated from the from the peace officer office
accused who was who induced the 6. Obedience to an order of a superior
merely trapped by the accused to commit the
peace officer in act Self Defense
flagrante delicto.
This is not absolutory Absolutory by reason Includes defense of life, chastity, property and
as to the offender since of public policy honor of the accuse who must prove with clear
he authored the evil and convincing evidence the following
idea. elements:
Consistent with public Contary to public
policy policy a. Unlawful aggression
Trap for the unwary Trap for unwary b. Reasonable necessity of the means
criminal (People v. innocent. employed to prevent of repel it;
Marcos, G.R. No. c. Lack of sufficient provocation on the part of
83325) the person defending himself. (Art. 11, RPC)
The peace officer is The peace officer is a
withour criminal principal by Mere provocation is not enough.
liability for their acts inducement. (People v.
are in accordance with Ramos) In self-defense of property, the doctrine is that
law. (Boado, p. 30) the attack on the property must be coupled

25
with an attack upon the person of the
possessor of the property. (People v.
Apolinar)
Unlawful aggression is a condition sine
qua non. There is no self-defense, even
incomplete, if there’s no unlawful
aggression.
Two kinds of aggression
1. Unlawful
2. Lawful
Art. 249 of the New CIvil Code - A person
may use force or violence to protect his
property.
Unlawful aggression is equivalent to
assault or at least threatened assault of an
immediate and imminent kind. (People v.
Alconga)
There is unlawful aggression when the
peril to one’s life, limb, or right is either
ACTUAL or IMMINENT.
Unlawful aggression on the part of
the victim is the primordial
element of the justifying
circumstance of self-defense.
Without unlawful aggression,
there can be no justified killing in
defense of oneself. The test for the
presence of unlawful aggression
under the circumstances is
whether the aggression from the
victim put in real peril the life or
personal safety of the person
defending himself; the peril must
not be an imagined or imaginary
threat. Accordingly, the accused
must establish the concurrence of
three elements of unlawful
aggression, namely: (a) there must
be a physical or material attack or
assault; (b) the attack or assault
must be actual, or, at least,
26
imminent; and (c) the attack or assault
must be unlawful. (People v. Nugas)
Two kinds of Unlawful aggression
1. Actual or material unlawful
aggression
Means an attack with physical force or
with a weapon, an offensive act that
positively determines the intent of the
aggressor to cause the injury.
2. Imminent unlaful aggression
Means an attack that is impending or
at the point of happening; it must not
consist in a mere threatening attitutde,
nor must it be merely imaginary, but
must be offensive and positively
strong (like aiming a revolver at
another with intent to shoot or opening
a knife and making a motion as if to
attack).
Imminent unlawful aggression must
not be a mere threateninf attitude of
the victim, such as pressing his right
hand to his hip where a revolver was
holstered, accompanied by an angry
countenance, or like aiming to throw a
pot. (People v. Nugas, G.R. No.
172606)
When the aggression no longer exists,
such as when the aggressor ran away
after the attack or when the defender
was able to wrest the weapon from the
aggressor, there is no need for
self-defense. (Boado, p.31)
Test of reasonableness of the means
used
1. Nature and quality of the weapon
used by the aggresor
2. Physical condition, character, size
and other circumstances
3. Place and occasion of the assault.
Stand ground when in the right
The rule which applies when the
aggressor is armed with a weapon
and is especially more liberal if
the person attacked is a peace
officer in the performance of his
duty. This rule has superseded the
principle of “retreat to the wall”
which makes it a duty of a person
assailed to retreat as far as he can
before he meets the assault with
force. (Boado)
Lack of sufficient provocation
on the part of the person
defending himself shows that there
may have been provocation but it
should not be sufficient and it
must no immediately precede the
act. It is enough that the
provocative act be unreasonable or
annoying. (Id.)
R. A. No. 9262
Battered woman as defense
Victims-survivors who are found
by the courts to be suffering from
the battered women syndrome do
not incure any criminal or civil
liability notwithstanding the
absence of any of the elements for
justifying circumstances of
self-defense under the RPC. (Sec.
26, RA 9262)
Battered woman syndrome
A woman who is repeteadly
subjected to any forceful physical
and psychological behavior by a
man in order to coerce her to do
something he wants her to do
without concern for her rights.
The couple must go through the
battering cycle twice.
Cycle of violence
27
1. Tension building phase
-minor battering occurs
2. Acute-battering incident
3. Tranquil-loving phase
-batterer may show a tender and
nurturing behavior towards his partner
Defense of Relatives
Who are considered Relatives?
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, adopted brothers and sisters, or
relatives by affinity in the same degrees.
5. Relatives by consanguinity within the 4th
civil degree.
Requisites
1. Unlawful aggression
2. Reasonable necessity of the means
employed to prevent or repel it;and
3. In case the provocation was given by the
person attacked the one makin the defense had
no part therein.
Defense of stranger
If the person being defended is already a
second cousin, you do not invoke defense of
relative anymore. It will be defense of
stranger. This is vital because if the person
making the defense acted out or revenge,
resentment or some evil motive in killing the
aggressor, he cannot invoke the justifying
circumstance if the relative defended is already
a stranger in the eyes of the law. On the other
hand, if the relative defended is still within the
coverage of defense of relative, even though
he acted out of some evil motive, it would still
apply. It is enough that there was unlawful
aggression against the relative defended, and
that the person defending did not contribute to
the unlawful aggression.
Strangers
Those person not included in the enumeration
of relatives under Par. 2, Art. 11.

The presence or lack of all or some of
the requisites for the defense have the
following effects:
a. All requisites are present- Justifying
b. Two requisites are present - unlawful
aggression plus another- privileged
mitigating
c. One requisite present which must be
unlawful aggression- ordinary mitigating
(Art. 13, par. 1)
Avoidance of Greater Evil or Injury
State of necessity
The state of necessity must not have been
created by the one invoking the justifying
circumstances. For example, A drove his
car beyond the speed limit so much so that
when he reached the curve, his vehicle
skidded towards a ravine. He swerved his
car towards a house, destroying it and
killing the occupant therein. A cannot be
justified because the state of necessity was
brought about by his own felonious act.
Civil liability referred to in a state of
necessity is based not on the act
committed but on the benefit derived from
the state of necessity. So the accused will
not be civilly liable if he did not receive
any benefit out of the state of necessity.
On the other hand, persons who did not
participate in the damage or injury would
be pro tanto civilly liable if they derived
benefit out of the state of necessity.
Civil liability is based on the benefit
derived and not on the act, damage or
injury caused. It is wrong to treat this as an
exception to the rule that in justifying
circumstances, there is no criminal nor
civil liability, on the principle that “no one
should enrich himself at the expense of
another”.
Elements
1. The evil sought to be avoided actually
exists;
28
2. The injury feared be greater than that done
to avoid it; and
3. There is no other practical and less harmful
means of preventing it.
The state of necessity must not be caused by
the negligence or violation of the law of the
actor otherwise this benefit cannot be invoked.
(Boado)
Fulfillment of duty
The justifying circumstance of a person having
acted out of fulfillment of a duty and the
lawful exercise of a right or office, there are
only two conditions:
(1) The felony was committed while the
offender was in the fulfillment of a duty or in
the lawful exercise of a right or office; and
(2) The resulting felony is the unavoidable
consequence of the due fulfillment of the duty
or the lawful exercise of the right or office.
*People v. Oanis and Callanta
The accused Chief of Police and the
constabulary soldier were sent out to arrest a
certain Balagtas, supposedly a notorious
bandit. There was an order to kill Balagtas if
he would resist. The accused arrived at the
house of a dancer who was supposedly the
girlfriend of Balagtas. When they were there,
they saw a certain person who resembled
Balagtas in all his bodily appearance sleeping
on a bamboo bed but facing the other
direction. The accused, without going around
the house, started firing at the man. They
found out later on that the man was not really
Balagtas. They tried to invoke the justifying
circumstance of having acted in fulfillment of
a duty.
The second requisite is absent because they
acted with negligence. There was nothing that
prevented them from looking around the house
and looking at the face of the fellow who was
sleeping. There could not be any danger on
their life and limb. Hence, they were held
guilty of the crime of murder because the
fellow was killed when he was sleeping
and totally defenseless. However, the
Supreme Court granted them the benefit of
incomplete justification of fulfillment of
duty and the penalty was reduced by one
or two degrees.
Obedience to a Lawful Order
Elements:
1. An order has been issued by a superior
2. Such order must be for some lawful
purpose
3. Means used by the subordinate to carry
out said order is lawful
Even if the order is illegal if it is
apparently legal and the subordinate is not
aware of its illegality, the subordinate is
not liable. (Tabuena v. Sandiganbayan,
G.R. Nos. 103501-03)
Doctrine of Self-help (Art. 429 of the
Civil COde)
The law justifies the act of the owner or
lawful possessor of a thing in using force
necessary to protect his proprietary or
possessory rights. He must however
exercise this right at the very moment that
he is being deprived of his property. If
sufficient time elapsed from the
deprivation, he must seek the help of the
proper authorities in reclaiming his
property, otherwise he could be liable for
coercion.
EXEMPTING CIRCUMSTANCES
a. Imbecility/insanity
b. Minority
c. Accident
d. Compulsion of irressitble force
e. Impulse of uncontrollable fear
f. Insuperable or lawful cause
Justifying Exempting
The act is legal The act is criminal
29
There is no crime, There is a crime, hence
hence, no criminal. a criminal
Since there is no There is a crime and
crime, there is no vcivil liability but the
criminal or civil
law exempts the actor
liabilities from the criminal
liabilities.
The emphasis of the The emphasis of the
law is on the act law is on the actor
In exempting circumstances, the reason for the
exemption lies on the involuntariness of the
act – one or some of the ingredients of
voluntariness such as criminal intent,
intelligence, or freedom of action on the part
of the offender is missing. In case it is a
culpable felony, there is absence of freedom of
action or intelligence, or absence of
negligence, imprudence, lack of foresight or
lack of skill.
1. An imbecile or an insane person, unless the
latter has acted during a lucid interval.
2. A child fifteen years of age or under is
exempt from criminal liability under R.A.
9344
3. A person over fifteen years of age and under
eighteen, unless he has acted with
discernment, in which case, such child shall be
subject to appropriate proceedings in
accordance with R.A. 9344.
4. Any person who, while performing a lawful
act with due care, causes an injury by mere
accident without the fault or intention causing
it.
5. Any person who acts under the compulsion
of an irresistible force.
6. Any person who acts under the impulse of
an uncontrollable fear of an equal or greater
injury.
7. Any person who fails to perform an act
required by law, when prevented by some
lawful or insuperable cause.
Imbecility and insanity

Insanity
Accused must be completely deprived of
discernment or freedom of will. (People v.
Ambal, G.R. No. 52688)
Exception:
When the offender acted in lucid interval.
Insanity must exist as of the time of the
commission of the offense, or the accused
must have been deranged even prior
thereto, provided he was not in a state of
lucid interval when he committed the
crime, otherwise he will be criminally
responsible. These consideratrions do not
apply to imbecility which is generally an
organic, not a functional, malady existing
from birth and continuously thereafter
unless medically remedied.
The insanity that is exempting is limited
only to mental aberration or disease of the
mind and must completely impair the
intelligence of the accused. Under
common law countries, emotional or
spiritual insanity are exempting
circumstances unlike in this jurisdiction
because the Revised Administrative Code,
as defined is limited to mental aberration
of the mind. (People v. Dungo)
*In People v. Rafanan, the following are
the two tests for exemption on grounds
of insanity:
(1) The Test of Cognition, or whether the
accused acted with complete deprivation
of intelligence in committing said crime;
and
(2) The Test of Volition, or whether the
accused acted in total deprivation of
freedom of will.
Schizophrenia (dementia praecox) can
only be considered a mitigating
circumstance because it does not
completely deprive the offender of
consciousness of his acts.
30
Minority
Minimum age of criminal responsibility
1. 15 years of age or under at the time of the
commission of the offense- absolute
irresponsibility
RA 9344, Par. 3
1. Age of absolute irresponsibility
a) 15 years of age or under at the time
of the commission of the offense
2. Conditional Responsibility
a) 15 years and 1 day to 18 years
3. Full Responsibility
a) 18 years or over to 70 years old
Senility
or “second childhood”, is generally used to
describe the state of a person of very old age
with imapaired or diminished mental faculties
similar to but not on the level of the early
years of infancy. It can, at most, be only
mitigating, unless the mental deterioration has
become a case of senile dementia
approximating insanity, in which case it may
be considered as an exempting circumstance.
(Regalado, 2007)
In exempting circumstances, the most
important issue is how the minority of the
offender affected his criminal liability. It
seems that the view of many is that when the
offender is a youthful offender, he must
necessarily be confined in a reformatory. This
is wrong. A youthful offender can only be
confined in a reformatory upon order of the
court. Under the amendment to Presidential
Decree No. 603, Presidential Decree No. 1179
requires that before a youthful offender may
be given the benefit if a suspension of
sentence, there must be an application filed
with the court which should pronounce
sentence. Note that the commitment of the
offender in a reformatory is just a consequence
of the suspension of the sentence. If the
sentence is not suspended, there is no
commitment in a reformatory. The
commitment is in a penitentiary, since
suspension of sentence requires certain
conditions:
(1) The crime committed should not be
punishable by reclusion perpetua or death
penalty;
(2) The offender should not have been
given the benefit of a suspended sentence
before. This means he is a first timer;
(3) He must be below 18 years old because
a youthful offender is one who is below
18.
Note: The age of majority has been
reduced to 18.
ACCIDENT WITHOUT FAULT OR
INTENTION OF CAUSING IT
(DAMNUM ABSQUE INJURIA)
1. A person is performing a lawful act
2. With due care
3. He causes injury to another by mere
accident
Note: It is something that happens outside
the sway of our will, and although it
comes about through some act of our will,
lies beyond the bounds of humanly
foreseeable consequences.
4. Without fault or intention of causing it.
A chauffeur, while driving his automobile
on the proper side of the road at a
moderate speed and with due diligence,
suddenly and unexpectedly saw a man in
front of his vehicle coming from the
sidewalk and crossing the street without
any warning that he would do so. Because
it was not physically possible to avoid
hitting him, the said chauffeur ran over the
man with his car. It was held that he was
not criminally liable, it being a mere
accident. (U.S. v. Tayongtong)
31
Irresistible Force
Basis: complete absence of freedom, an
element of voluntariness
Force, to be irresistible, must produce such an
effect on an individual that despite of his
resistance, it reduces him to a mere instrument
and, as such, incapable of committing a crime.
It compels his member to act and his mind to
obey. It must act upon him from the outside
and by a third person.
Irresistible force can never consist in an
impulse or passion, or obfuscation. It must
consist of an extraneous force coming from a
third person.
1. That the compulsion is by means of physical
force
2. That the physical force must be irresistible.
3. That the physical force must come from a
third person
Uncontrollable Fear
Basis: Complete absence of freedom
Duress, to be a valid defense, should be based
on real, imminent or reasonable fear for one’s
life or limb. It should not be inspired by
speculative, fanciful or remote fear.
Threat of future injury is not enough. The
compulsion must leave no opportunity to the
accused for escape or self-defense in equal
combat.
There is uncontrollable fear when the
offender employs intimidation or threat in
compelling another to commit a crime, while
irresistible force is when the offender uses
violence or physical force to compel another
person to commit a crime.
Lawful or Insuperable Cause
Some motive which has lawfully, morally,
or physically prevented a person to do
what the law commands.
Note: Under the law, the person arrested
must be delivered to the nearest judicial
authority at most within 36 hours under
Art 125 of RPC, otherwise, the public
officer will be liable for arbitrary
detention.
Basis: acts without intent, the third
condition of voluntariness in intentional
felony.
Elements:
1. That an act is required by law to be
done
2. That a person fails to perform such act
3. That his failure to perform such act was
due to some lawful or insuperable cause
7. That the offender had voluntarily
surrendered himself to a person in authority or
his agents, or that he had voluntarily confessed
his guilt before the court prior to the
presentation of the evidence for the
prosecution;
8. That the offender is deaf and dumb, blind or
otherwise suffering some physical defect
which thus restricts his means of action,
defense, or communications with his fellow
beings.
9. Such illness of the offender as would
diminish the exercise of the will-power of the
offender without however depriving him of the
consciousness of his acts.
10. And, finally, any other circumstances of a
similar nature and analogous to those above
mentioned.

MITIGATING CIRCUMSTANCES Basis: The lesser perversity of the offender by

ARTICLE 13 reason of diminished criminal intent, freedom
1. Those mentioned in the preceding or intelligence on his part in committing the
chapter, when all the requisites necessary crime. (Regalado, 2007)
to justify or to exempt from criminal
liability in the respective cases are not Classes of mitigating circumstances
attendant. 1. Ordinary mitigating - those enumerated in
subsections 1 to 10 of Article 13
2. That the offender is under eighteen year
of age or over seventy years. 2. Privileged mitigating
3. That the offender had no intention to Only applicable to particular crimes
commit so grave a wrong as that
committed.
Ordinary Privileged
4. That sufficient provocation or threat on Susceptible of being Cannot be offset by
the part of the offended party immediately offset by any aggravating
preceded the act. aggravating circumstance
circumstance
5. That the act was committed in the If not offset by an Produces the effect of
immediate vindication of a grave offense aggravating imposing upon the
to the one committing the felony (delito), circumstance, produces offender the penalty
his spouse, ascendants, or relatives by only the effect of lower by one or two
affinity within the same degrees. applying the penalty degrees than that
provided by law for the provided by law for the
6. That of having acted upon an impulse so crime in its minimum crime.
powerful as naturally to have produced period, in case of
passion or obfuscation. divisible penalty

32
In order to be considered, it mus be
present prior to or simultaneously with the
commission of the offense, except
voluntary surrender or confession of guilt
by the accused.
Mitigating circumstances only reduce the
penalty, but do not change the nature of
the crime.
Those mentioned in the preceding
chapter when all the requisites
necessary to justify the act or to exempt
from criminal liability are not attendant
Justifying circumstances
1. Incomplete self-defense, defense of
relatives, and defense of stranger
a) Unlawful aggression must be
present
2. Incomplete justifying circumstance of
avoidance of greater evil or injury
3. Incomplete justifying circumstance of
performance of duty
4. Incomplete justifying circumstance of
obedience to an order
Exempting circumstances
1. Incomplete exempting circumstances of
minority over 15 and under 18 years of
age;
2. Incomplete exemptin circumstance of
accident;
3. Incomplete exempting circumstance of
uncontrollable fear;
33
Praeter intentionem
This mitigating circumstance will not be
applicable in the followin cases:
1. The seriousness of the result may
reasonably be anticipated or expected by the
accused by reason of the moder he adopted for
committing the offense and the weapon used
therefor (U.S. v. Mendac, 3 Phil. 240);
2. Felonies thru culpa ;
3. Felonies causing material or physical harm.
The common circumstance given in the bar of
praeter intentionem, under paragraph 3, means
that there must be a notable disproportion
between the means employed by the offender
compared to that of the resulting felony. If the
resulting felony could be expected from the
means employed, this circumstance does not
avail. This circumstance does not apply when
the crime results from criminal negligence or
culpa. When the crime is the product of
reckless imprudence or simple negligence,
mitigating circumstances does not apply. This
is one of the three instances where the offender
has performed a felony different from that
which he intended. Therefore, this is the
product of intentional felony, not a culpable
one.
Sufficient threat or provocation
This is mitigating only if the crime was
committed on the very person who made the
threat or provocation. The common set-up
given in a bar problem is that of provocation
was given by somebody. The person provoked
cannot retaliate against him; thus, the person
provoked retaliated on a younger brother or on
an elder father. Although in fact, there is
sufficient provocation, it is not mitigating
because the one who gives the provocation is
not the one against whom the crime was
committed.
It was held that the same act cannot give Passion or obfuscation
ries to separate circumstances of
vindication and obfuscation, although both
circumstances may be present in the case
if based on different facts. (PEople v Elements:
Diokno et al., 63 Phil 601) a. An unlawful act of the victim which
produces such a state of mind on the part of
Sufficient threat or Vindication of a grave the accused;
provocation offense
The threat was directed Need not be directed to b. There was no appricable lapse of time
at the accused the accused himself between the victim’s offending act and the
personally. commission of the crime by the accused;
Unlawful and Need not be unlawful
sufficient, that is, c. The act causing such obfuscation was
adequate to arouse committed by the victim himself. (US v.
resentment on the part Esmedia, 17 Phil. 26 cited in Regalado)
of the accused and
induce him to commit
the crime However, in one case, one of the mitigating
Made immediately Need not be circumstances under paragraphs 4, 5 and 6
prior to his committing immediate, but only stands or arises from a set of facts, and another
the act (“la de haber proximate, to the mitigating circumstance arises from another
precedido wrong done by the set of facts. Since they are predicated on
inmediatamete victim. different set of facts, they may be appreciated
provocacion o together, although they arose from one and the
amenaza adecuada”) same case. Hence, the prohibition against
considering all these mitigating circumstances
together and not as one applies only if they
would be taken on the basis of the same set of
Vindication of a grave offense facts.

The word ―offense should not be taken as

a crime. It is enough if what was imputed
or what was done was wrong. In Voluntary surrender
considering whether the wrong is a grave
one upon the person who committed the Two mitigating circumstances:
crime, his age, education and social status
will be considered. 1. Voluntary surrender

Here, in vindication of a grave offense, the 2. Plea of guilt.

vindication need not be done by the person
upon whom the grave offense was
committed. So, unlike in sufficient threat
or provocation where the crime should be
inflicted upon the very person who made
the threat or provocation, here, it need not
be the same person who committed the
grave offense or who was offended by the
wrong done by the offended party.
If both are present in the same case, they have
the mitigating effect of two independent
circumstances and in the absence of
aggravating circumstances, they will reduce
divisible penalties by one degree. (Regalado)
The essence of voluntary surrender requires
that the offender, after having committed the
crime, had evaded the law enforcers and the

34
law enforcers do not know of his
whereabouts. In short, he continues to
elude arrest. If, under this circumstance,
the offender would come out in the open
and he gives himself up, his act of doing
so will be considered as indicative of
repentance and he also saves the
government the time and the expense of
looking for him.
As a general rule, if after committing the
crime, the offender did not flee and he
went with the responding law enforcers
meekly, voluntary surrender is not
applicable.
However, there is a ruling that if after
committing the crime, the offender did not
flee and instead waited for the law
enforcers to arrive and he surrendered the
weapon he used in killing the victim, the
ruling was that voluntary surrender is
mitigating. In this case, the offender had
the opportunity to go into hiding, the fact
that he did not flee is not voluntary
surrender.
No mitigating if the accused was actually
arrested, or where he was arrested while
chasing the victim even if he readily
submitted to the responding policeman.
(People v. Siojo)
Physical defect
The physical defect that a person may
have must have a relation to the
commission of the crime. In a case where
the offender is deaf and dumb, personal
property was entrusted to him and he
misappropriated the same. The crime
committed was estafa. The fact that he was
deaf and dumb is not mitigating because
that does not bear any relation to the crime
committed.
Not any physical defect will affect the
crime. It will only do so if it has some
relation to the crime committed. If a
person is deaf and dumb and he has been
slandered, he cannot talk so what he did
35
was, he got a piece of wood and struck the
fellow on the head. The crime committed was
physical injuries. The Supreme Court held that
being a deaf and dumb is mitigating because
the only way is to use his force because he
cannot strike back.
If the offender is blind in one eye, as long as
his means of action, defense or communication
with others are not restricted, such
circumstance is not mitigating. This
circumstance must also have a bearing on the
crime committed and must depend on how the
crime was committed.
Illness diminishing willpower
Refers to illness which diminishes the
willpower of the accused but short of
depriving him of consciousness of his acts,
otherwise he may be totally exempted from
liability.
e.g. Eccentricity, morbidity and obsession in
the accused’s belief in witches
Analogous cases
Extreme poverty, as a similar state of necessity
(People v. Macbul, 74 Phil. 436) , which may
apply to crimes against property but not of
violence, such as murder. (People v. Agustin,
et al., G.R. No. L-18368)
Acting out of embarassment and fear caused
by the victim because of gambling debts of the
accused (People v. Ong, G.R. No. L-34497), as
akin to obfuscation.
The act of the offender of leading the law
enforcers to the place where he buried the
instrument of the crime has been considered as
equivalent to voluntary surrender. The act of a
thief in leading the authorities to the place
where he disposed of the loot has been
considered as analogous or equivalent to
voluntary surrender.
Stealing by a person who is driven to do so out
of extreme poverty is considered as analogous
to incomplete state of necessity. However, this
is not so where the offender became
impoverished because of his own way of
living his life. If his lifestyle is one of
having so many vices, as a result of which
he became poor, his subsequent stealing
because of his poverty will not be
considered mitigated by incomplete state
of necessity.
AGGRAVATING CIRCUMSTANCES
Article 14
1. That advantage be taken by the offender
of his public position.
2. That the crime be committed in
contempt or with insult to the public
authorities.
3. That the act be committed with insult
or in disregard of the respect due the
offended party on account of his rank, age,
or sex, or that is be committed in the
dwelling of the offended party, if the latter
has not given provocation.
4. That the act be committed with abuse of
confidence or obvious ungratefulness.
5. That the crime be committed in the
palace of the Chief Executive or in his
presence, or where public authorities are
engaged in the discharge of their duties, or
in a place dedicated to religious worship.
6. That the crime be committed in the
night time, or in an uninhabited place, or
by a band, whenever such circumstances
may facilitate the commission of the
offense. Whenever more than three armed
malefactors shall have acted together in
the commission of an offense, it shall be
deemed to have been committed by a
band.
7. That the crime be committed on the
occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or
misfortune.
36
8. That the crime be committed with the aid of
armed men or persons who insure or afford
impunity.
9. That the accused is a recidivist. A recidivist
is one who, at the time of his trial for one
crime, shall have been previously convicted by
final judgment of another crime embraced in
the same title of this Code.
10. That the offender has been previously
punished by an offense to which the law
attaches an equal or greater penalty or for two
or more crimes to which it attaches a lighter
penalty.
11. That the crime be committed in
consideration of a price, reward, or promise.
12. That the crime be committed by means of
inundation, fire, poison, explosion, stranding
of a vessel or international damage thereto,
derailment of a locomotive, or by the use of
any other artifice involving great waste and
ruin.
13. That the act be committed with evidence
premeditation.
14. That the craft, fraud or disguise be
employed.
15. That advantage be taken of superior
strength, or means be employed to weaken the
defense.
16. That the act be committed with treachery
(alevosia). There is treachery when the
offender commits any of the crimes against the
person, employing means, methods, or forms
in the execution thereof which tend directly
and specially to insure its execution, without
risk to himself arising from the defense which
the offended party might make.
17. That means be employed or circumstances
brought about which add ignominy to the
natural effects of the act.
18. That the crime be committed after an
unlawful entry. There is an unlawful entry
when an entrance of a crime a wall, roof,
floor, door, or window be broken.
20. That the crime be committed with the
aid of persons under fifteen years of age or
by means of motor vehicles, motorized
watercraft, airships, or other similar
means. (As amended by RA 5438).
21. That the wrong done in the
commission of the crime be deliberately
augmented by causing other wrong not
necessary for its commissions.
Kinds of aggravating circumstances:
(1) Generic or those that can generally
apply to all crime;
- Art. 14, paragraphs No. 1, 2,
3(dwelling), 4,5,6,9,10,14,18,19 and 20,
except by means of motor vehicles.
(2) Specific or those that apply only to a
particular crime;
-Art. 14, nos. 3,15, 16,17 and 21
(3) Qualifying or those that change the
nature of the crime;
Alevosia or evident premeditation
qualifies the killing of a person to murder.
(4) Inherent or those that must of necessity
accompany the commission of the crime.
The aggravating circumstances must be
established with moral certainty, with the
same degree of proof required to establish
the crime itself.
Distinctions between aggravating and
qualifying circumstances:
In aggravating circumstances –
37
(1) The circumstance can be offset by an
ordinary mitigating circumstance;
(2) No need to allege this circumstance in the
information, as long as it is proven during trial.
If it is proved during trial, the court would
consider the same in imposing the penalty;
(3) It is not an ingredient of a crime. It only
affects the penalty to be imposed but the crime
remains the same.
In qualifying circumstance –
(1) The circumstance affects the nature of the
crime itself such that the offender shall be
liable for a more serious crime. The
circumstance is actually an ingredient of the
crime;
(2) Being an ingredient of the crime, it cannot
be offset by any mitigating circumstance;
(3) Qualifying circumstances to be appreciated
as such must be specifically alleged in the
complaint or information. If not alleged but
proven during the trial, it will be considered
only as generic aggravating circumstance. If
this happens, they are susceptible of being
offset by a mitigating circumstance.
Aggravating circumstances which do not
have the effect of increasing the penalty
(a) Which in themselves constitute a crime
specially punishable by law;
(b) Which are included by the law in defining
a crime and prescribing the penalty therefor.
(c) Any aggravating circumstance inherent in
the crime to such degreee that it must of
necessity accompany the commission therof.
(Art. 62, Par. 2)
Aggravating circumstances which are
personal ton the offenders which arise
from:
(a) From the moral attributes of the offender;or
(b) From his private relations with the
offended party; or

(c) From any other personal cause.
Shall only aggravate the liability of the
principals, accomplices and accessories as
to whom such circumstances are attendant.
(Art. 62, Par. 3)
Taking advantage of public position
Basis: This is based on the greater
pervesity of the offender, as shown by the
personal circumstance of the offender and
also by the means used to secure the
commission of the crime. (Reyes)
Applicable only when the offender is a
public officer.
He must have abused his public position or
at least that the same facililtated the
commission of the offense. (U.S. v.
Rodriguez, 19 Phil. 150)
This does not apply, where the offender’s
act of taking advantage of his public
position is an integral element of, hence
inherent in, the offense committed, such as
malversation.n (Art. 217) (Regalado)
Contempt or insult to public authorities
Basis: Greater perversity of the offender,
as shown by his lack of respect for the
public authorities.
Requisites:
1. A person in authority is involved;
2. He is not the victim of the ofense;
3. His identity is known to the offender;
and
4. He is in the exercise of public functions.
Public authority
38
A public officer who is directly vested with
jurisdiction, that is, a public officer who has
the power to govern and execute the laws.
Not applicable when crime is committed in
the presence of an agent only.
The crime should not be committed against the
public authority.
For this aggravating circumstance to be
considered, it must not only be shown that the
crime was committed in the presence of the
public authority but also that the crime was not
committed against the public authority
himself. (People v. Hermogenes Magdueno ,
G.R. No. L- 68699)
Disrespect due to rank, age, sex or
committed in a dwelling
Essentially applicable only to crimes against
persons or honor. They are not taken into
account in crimes against property. They do
not apply to the special complex crime of
robbery with homicide which is classified as a
crime against property. (U.S. v. Samonte, 8
Phil. 286)
Rank
Designation or title of the distinction used to
fix the relative position of the offended part in
reference to others. (People v. Rodil)
Aggravating only in crimes against persons
and honor, not against property like Robbery
with homicide (People v. Ga, 156 SCRA 790).
The aggravating circumstance of dwellin
requires that the crime be wholly or partly
committed therein or in any integral part
thereof and that the place be actually used
exclusively as living quarters or for dwelling
purposes. (Regalado)
Dwelling includes any of its dependencies, the
foot of the staircase nand the enclosure under
the house. (US. v. Tapan, 20 Phil. 211)
Dwelling does not mean the permanent
residence or domicile of the offended part or
that he must be the owner thereof. He must,
however, be actually living or dwellin
therein even for a temporary duration or
purpose. Thus one, of two houses of the
victim, wherein he was attacked, suffices
for this aggravatin circumstance. (People
v. Rodrigues, 103 Phi. 1015)
Dwelling has been held not to be
aggravatin in the following instances:
(a) Where the victim gave provocation
(People v. Pakah, 81 Phil. 426), provided
that the provocation was given
immediately prior to the commission of
the crime, and there exists a close relation
between the provocation made by the
victim and the commission of the crime by
the accused. (People v. Dequina, 60 Phil.
279)
(b) The victim is not a dweller of the
house as where he merely went to his
neighbor’s house to verify the commotion
there when he was attacked (People v.
Bredejo, 21 Phi. 23); or he merely passed
the house of his common-law wife and
was killed in a fight there with her
brothers. (People v. Guhiting, 88 Phil..
672)
(c) The dwelling of the victim is also of
the accused (People v. Caliso, 58 Phil.
283), except in the case of adultery in the
conjugal dwelling (People v. Ibanez,
33Phil 611).
Dwelling is aggravatin in robbery with
violence or intimidation since it is not
inherent therein. (People v. Pecato, G.R.
No. L-41008), but it cannot be so
considered in robbery with force upon
things since it is inherent therein. (People
v. Valdez, et al., 64 Phil. 800)
Teachers, professors, supervisors of public
and duly recognized private schools,
colleges and universities, as well as
lawyers are persons in authority only for
purposes of direct assault and simple
resistance, but not for purposes of
39
aggravating circumstances in paragraph 2,
Article 14. (People v. Taoan, 182 SCRA 601).
Abuse of confidence or obvious
ungratefulness
Two aggravating circumstances:
1. Abuse of confidence
2. Obvious ungratefulness
Abuse of confidence requires a special
confidential relationship between the offender
and the victim, but this is not so in
ungratefulness. (see People v. Develos cited in
Regalado)
Ungratefulness
Must be clear and manifest ingratitued on the
part of the accused
Abuse of confidence
Not required to be grave as is specifically
provided in qualifiedtheft (Art. 310) wherein it
becomes a qualifying circusmtance.
This is aggravating only when the very
offended party is the one who reposed the
confidence. If the confidence is reposed by
another, the offended party is different from
the fellow who reposed the confidence and
abuse of confidence in this case is not
aggravating.
Band
More than three armed malefactors take part in
the commission of the crime.
The RPC does not require any particular arms
or weapons, so any instrument or implement
which, by reason of its intrinsic nature or the
purpose for which it was made or used by the
accused, is capable of inflicting serious
injuries may be so considered for purposes of
the law on cuadrilla. (REgalado)
In band, there should at least be four persons.
All of them should be armed. Even if there are
four, but only three or less are armed, it is not
a band. Whenever you talk of band, always
have in mind four at least. Do not say
three or more because it is four or more.
The way the law defines a band is
somewhat confusing because it refers
simply to more than 3, when actually it
should be 4 or more.
Correlate this with Article 306 -
Brigandage. The crime is the band itself.
The mere forming of a band even without
the commission of a crime is already a
crime so that band is not aggravating in
brigandage because the band itself is the
way to commit brigandage.
However, where brigandage is actually
committed, band becomes aggravating.
This aggravating circumstance is absorbed
in the circumstance of abuse of superior
strength (People v. Medrana) and cannot
be considered in the crime of rape.
Uninhabited place
It is determined not by the distance of the
nearest house to the scene of the crime but
whether or not in the place of the
commission of the offense, there was a
reasonable possibility of the victim
receiving some help.
Nighttime
is the darkness which begins at the end of
dusk and ends at dawn. (II Viada 261)
What if the crime started during the
daytime and continued all the way to
nighttime? This is not aggravating.
As a rule, the crime must begin and end
during the nighttime. Crime began at day
and ended at night, as well as crime began
at night and ended at day is not aggravated
by the circumstance of nighttime.
Darkness is what makes this circumstance
aggravating.
40
Recidivism
In recidivism, the emphasis is on the fact that
the offender was previously convicted by final
judgement of a felony and subsequently found
guilty of another felony embraced in the same
title of the Revised Penal Code. The law
considers this aggravating when a person has
been committing felonies embraced in the
same title because the implication is that he is
specializing on such kind of crime and the law
wants to prevent any specialization. Hence,
ordinarily, when a person commits a crime
under different titles, no aggravating
circumstance is present. It is important that the
conviction which came earlier must refer to
the crime committed earlier than the
subsequent conviction.
Habitual delinquency
If the offender had committed and was
convicted of each of the crimes under each
category so that no two crimes fall under the
same title of the Revised Penal Code, you have
a situation where the offender is a habitual
delinquent but not a recidivist because no two
crimes fall under the same title of the Code.
In consideration of a price, reward or
promise
The Supreme Court rulings before indicate that
this circumstance aggravates only the criminal
liability of the person who committed the
crime in consideration of the price, promise, or
reward but not the criminal liability of the
person who gave the price, reward or
consideration. However, when there is a
promise, reward or price offered or given as a
consideration for the commission of the crime,
the person making the offer is an inducer, a
principal by inducement while the person
receiving the price, reward or promise who
would execute the crime is a principal by
direct participation. Hence, their
responsibilities are the same. They are both
principals and that is why the recent rulings of
the Supreme Court are to the effect that
this aggravating circumstance affects or
aggravates not only the criminal liability
of the receiver of the price, reward or
promise but also the criminal liability of
the one giving the offer.
By means of inundation or fire
Fire is not aggravating in the crime of
arson.
Whenever a killing is done with the use of
fire, as when to kill someone, you burn
down his house while the latter is inside,
this is murder.
There is no such crime as murder with
arson or arson with homicide. The crime
committed is only murder. If the victim is
already dead and the house is burned, the
crime is arson. It is either arson or murder.
If the intent is to destroy property, the
crime is arson even if someone dies as a
consequence. If the intent is to kill, there is
murder even if the house is burned in the
process.
Evident Premeditation
For evident premeditation to be
aggravating, the following conditions must
concur:
(1) The time when the accused determined
to commit the crime;
(2) An act manifestly indicating that the
accused has clung to his determination;
(3) Sufficient lapse of time between such
determination and execution, to allow him
to reflect upon the consequences of his act.
Craft
Aggravating in a case where the offenders
pretended to be bona fide passengers of a
jeepney in order not to arouse suspicion,
41
but once inside the jeepney, robbed the
passengers and the driver (People v. Lee,
decided on December 20, 1991).
Abuse of Superior Strength
There must be evidence of notorious inequality
of forces between the offender and the
offended party in their age, size and strength,
and that the offender took advantage of such
superior strength in committing the crime. The
mere fact that there were two persons who
attacked the victim does not per se constitute
abuse of superior strength (People v. Carpio,
191 SCRA 12).
Treachery
Treachery refers to the employment of means,
method and form in the commission of the
crime which tend directly and specially to
insure its execution without risk to himself
arising from the defense which the offended
party might make. The means, method or form
employed may be an aggravating circumstance
which like availing of total darkness in
nighttime or availing of superior strength taken
advantage of by the offender, employing
means to weaken the defense.
The essence of treachery is that by virtue of
the means, method or form employed by the
offender, the offended party was not able to
put up any defense. If the offended party was
able to put up a defense, even only a token
one, there is no treachery anymore. Instead
some other aggravating circumstance may be
present but not treachery anymore.
Distinction between Ignominy and Cruelty
Ignominy shocks the moral conscience of
man while cruelty is physical. Ignominy refers
to the moral effect of a crime and it pertains to
the moral order, whether or not the victim is
dead or alive. Cruelty pertains to physical
suffering of the victim so the victim has to be
alive. In plain language, ignominy is adding
insult to injury. A clear example is a married
woman being raped before the eyes of her
husband.

In a case where the crime committed is
rape and the accused abused the victims
from behind, the Supreme Court
considered the crime as aggravated by
ignominy. Hence, raping a woman from
behind is ignominious because this is not
the usual intercourse, it is something
which offends the moral of the offended
woman. This is how animals do it.
In a case of homicide, while the victim
after having been killed by the offender,
the offender shoved the body inside a
canal, ignominy is held aggravating.
After having been killed, the body was
thrown into pile of garbage, ignominy is
aggravating. The Supreme Court held that
it added shame to the natural effects of the
crime.
Cruelty and ignominy are circumstances
brought about which are not necessary in
the commission of the crime.
Unlawful entry
Unlawful entry is inherent in the crime of
robbery with force upon things but
aggravating in the crime of robbery with
violence against or intimidation of
persons.
Motor vehicle
The Supreme Court considers strictly the
use of the word ―committed‖, that the
crime is committed with the use of a motor
vehicle, motorized means of transportation
or motorized watercraft. There is a
decision by the Court of Appeals that a
motorized bicycle is a motor vehicle even
if the offender used only the foot pedal
because he does not know how to operate
the motor so if a bicycle is used in the
commission of the crime, motor vehicle
becomes aggravating if the bicycle is
motorized.
42
This circumstance is aggravating only when
used in the commission of the offense. If
motor vehicle is used only in the escape of the
offender, motor vehicle is not aggravating. To
be aggravating, it must have been used to
facilitate the commission of the crime.
Aggravating when a motorized tricycle was
used to commit the crime.
Organized or syndicated crime group
In the same amendment to Article 62 of the
Revised Penal Code, paragraphs were added
which provide that the maximum penalty shall
be imposed if the offense was committed by
any person who belongs to an organized or
syndicated crime group.
An organized or syndicated crime group
means a group of two or more persons
collaborating, confederating or mutually
helping one another for purposes of gain in the
commission of a crime.
ALTERNATIVE CIRCUMSTANCES
Article 15
Alternative circumstances
Are those which must be taken into
consideration as aggravating or mitigating
according to the nature and effects of the crime
and the other conditions attending its
commission.
(1) Relationship;
(2) Intoxication;
(3) Degree of instruction; and
(4) Education
Relationship
When the offended party is the :
a. Spouse;
b. Ascendant;
c. Descendant;
d. Legitimate, natural or adopted brother or
sister;
e. Relative by affinity in the same degree of
the offender
Mitigating in crimes agains property by
analogy to the provision of Art. 332
Aggravating in crimes against persons
if the offended party is of a higher degree
or relatives of the same degree.
In crimes against chastity, it is always
aggravating.
Relationship is not simply mitigating or
aggravating. There are specific
circumstances where relationship is
exempting. Among such circumstances
are:
(1) In the case of an accessory who is
related to the principal within the
relationship prescribed in Article 20;
(2) Also in Article 247, a spouse does not
incur criminal liability for a crime of less
serious physical injuries or serious
physical injuries if this was inflicted after
having surprised the offended spouse or
paramour or mistress committing actual
sexual intercourse.
(3) Those commonly given in Article 332
when the crime of theft, malicious
mischief and swindling or estafa. There is
no criminal liability but only civil liability
if the offender is related to the offended
party as spouse, ascendant, or descendant
or if the offender is a brother or sister or
brother in law or sister in law of the
offended party and they are living
together. Exempting circumstance is the
relationship. This is an absolutory cause.
Intoxication
Mitigating
(1) Not habitual
(2) Not subsequent to the plan to commit a
felony
(3) At the time of the commission of the
criminal act, he has taken such quantity of
43
alcohol as to blur his reason and deprive him
of a certain degree of control.
Aggravating
(1) Habitual
when the offender drinks liquor fully knowing
its effects, to find in the liquor a stimulant to
commit a crime or a means to suffocate any
remorse.
(2) Intentional or subsequent to the plan to
commit a felony
This circumstance is ipso facto mitigating, so
that if the prosecution wants to deny the
offender the benefit of this mitigation, they
should prove that it is habitual and that it is
intentional. The moment it is shown to be
habitual or intentional to the commission of
the crime, the same will immediately
aggravate, regardless of the crime committed.
Intoxication to be considered mitigating,
requires that the offender has reached that
degree of intoxication where he has no control
of himself anymore. The idea is the offender,
because of the intoxication is already acting
under diminished self-control.
Illustration:
In a case, there were two laborers who were
the best of friends. Since it was payday, they
decided to have some good time and ordered
beer. When they drank two cases of beer they
became more talkative until they engaged in
an argument. One pulled out a knife and
stabbed the other. When arraigned he invoked
intoxication as a mitigating circumstance.
Intoxication does not simply mean that the
offender has partaken of so much alcoholic
beverages. The intoxication in law requires
that because of the quality of the alcoholic
drink taken, the offender had practically lost
self-control. So although the offender may
have partaken of two cases of beer, but after
stabbing the victim he hailed a tricycle and
even instructed the driver to the place where
he is sleeping and the tricycle could not reach
his house and so he has to alight and walk to
his house, then there is no diminished
self-control. The Supreme Court did not
give the mitigating circumstance because
of the number of wounds inflicted upon
the victim. There were 11 stab wounds and
this, the Supreme Court said, is
incompatible with the idea that the
offender is already suffering from
diminished self-control.
On the contrary, the indication is that the
offender gained strength out of the drinks
he had taken. It is not the quantity of drink
that will determine whether the offender
can legally invoke intoxication. The
conduct of the offender, the manner of
committing the crime, his behavior after
committing the crime must show the
behavior of a man who has already lost
control of himself. Otherwise intoxication
cannot legally be considered.
Degree of instruction and education
Generally mitigating
Low degree of instruction and education or
lack of it
Not illiteracy alone, but also lack of
intelligence
A person able to to sign his name but
otherwise so densely ignorant and of such
low intelligence that he does not fully
realize the consequences of his criminal
act may still be entitled to this mitigating
circumstances. On the other hand, another
person unable to write because of lack of
educational faculties or opportunities, may
yet be highly or exceptionally intelligent
and mentally alert that he easily realizes
the full significance of his acts in which
case he may not invoke this mitigating
circumstance. (People v. Geronimo)
This is not mitigating in the crime of
treason. Love of country should be a
natural feeling of every citizen.
44
Aggravating
High degree of instruction and education when
the offender avails himself of his learning in
committing the crime.
These are two distinct circumstances. One may
not have any degree of instruction but is
nevertheless educated. Example: A has been
living with professionals for some time. He
may just be a maid in the house with no degree
of instruction but he may still be educated.
PERSONS LIABLE AND DEGREE OF
PARTICIPATION
Art. 16. Who are criminally liable. — The
following are criminally liable for grave and
less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light
felonies:
1. Principals
2. Accomplices.
Art. 17. Principals. — The following are
considered principals:
1. Those who take a direct part in the
execution of the act;
2. Those who directly force or induce others to
commit it;
3. Those who cooperate in the commission of
the offense by another act without which it
would not have been accomplished.
Art. 18. Accomplices. —
Accomplices are those persons who, not being
included in Art. 17, cooperate in the execution
of the offense by previous or simultaneous
acts.
Art. 19. Accessories. —
Accessories are those who, having
knowledge of the commission of the
crime, and without having participated
therein, either as principals or
accomplices, take part subsequent to its
commission in any of the following
manners:
1. By profiting themselves or assisting the
offender to profit by the effects of the
crime.
2. By concealing or destroying the body of
the crime, or the effects or instruments
thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in
the escape of the principals of the crime,
provided the accessory acts with abuse of
his public functions or whenever the
author of the crime is guilty of treason,
parricide, murder, or an attempt to take the
life of the Chief Executive, or is known to
be habitually guilty of some other crime.
Art. 20. Accessories who are exempt from
criminal liability. — The penalties
prescribed for accessories shall not be
imposed upon those who are such with
respect to their spouses, ascendants,
descendants, legitimate, natural, and
adopted brothers and sisters, or relatives
by affinity within the same degrees, with
the single exception of accessories falling
within the provisions of paragraph 1 of the
next preceding article.
PRINCIPAL
Kinds of Principals:
1. Principal by direct participation
2. Principal by induction/inducement
3. Principal by indispensable cooperation
1. PRINCIPAL BY
DPARTICIPATION
Principals by Direct Participation
45
1. They participated in the criminal resolution.
2. They carried out the plan and personally
took part in its execution by acts, which
directly tended to the same end.
Note: Principals by direct participation are
those who materially execute the crime. They
appear at the crime scene and perform acts
necessary in the commission of the crime.
Principal by Inducement
Presupposes that the offender himself is
determined to commit the felony; he must
have persistently clung to his determination;
he offers the strongest of temptations sufficient
to induce the commission or exercises
ascendancy to compel obedience; and the
inducement must be the determining cause for
the commission of the crime. (People v.
Indanan, 24 Phil. 203)
Concept of the inducement – one strong
enough that the person induced could hardly
resist. This is tantamount to an irresistible
force compelling the person induced to carry
out the execution of the crime. Ill-advised
language is not enough unless he who made
such remark or advice is a co-conspirator in
the crime committed. While in the course of a
quarrel, a person shouted to A, ―Kill him!
Kill him. A killed the other fellow. Is the
person who shouted criminally liable? Is that
inducement? No. It must be strong as
irresistible force.
*People v. Balderrama
Ernesto shouted to his younger brother Oscar,
“Birahin mo na, birahin mo na.” Oscar stabbed
the victim. It was held that there was no
conspiracy. Joint or simultaneous action per se
is not indicia of conspiracy without showing of
common design. Oscar has no rancor with the
victim for him to kill the latter. Considering
that Ernesto had great moral ascendancy and
influence over Oscar being much older, 35
years old, than the latter, who was 18 yrs old,
and it was Ernesto who provided his
allowance, clothing as well as food and design of the principal by direct participation
shelter, Ernesto is principal by and concurs therein; that he cooperates in the
inducement. execution of the offense prior or simultaneous
acts by supplyin material or moral aid; and
Principal by Indispensable Cooperation there is a relation between the acts done by the
principal and those of accomplice. (People v.
A principal by indispensable cooperation Tamayo, 44 Phil. 38)
must have concurred in the criminal
resolution and cooperated by performin Conspirators Accomplices
another act indispensable for the They know and agree with the criminal design.
commission of the felony agreed upon. His They know the After the principals
cooperation is similar to that of an criminal intention have reached the
accomplice but is of greater degree because they have decision and only then
because of its indispensability to the decided upon such they agree to
accomplishment of the offender’s course of action. cooperate.
objective, while that of an accomplice is of
a lesser and minor importance. (Regalado) Decide that a crime Merely concur in it
should be committed
It is not just a matter of cooperation, it is
more than if the crime could hardly be Authors of a crime Merely their
committed. It is not that the crime would instruments who
not be committed because if that is what perform acts not
you would imply it becomes an ingredient essential to the
of the crime and that is not what the law perpetration of the
contemplates. offense. (People v. De
Vera, G.R. No.
128966)
The point is not just on participation but
on the importance of participation in
committing the crime. The acts of the accomplice should not produce
the most serious effect on the victim,
While there must be no conspiracy among otherwise he will be a principal. (Regalado, p.
the three classes of principals, there must 124)
at least be some sort of agreement among
them as to what acts they are respectively Accessories
supposed to perform. An exception to this
situation is where the inducer used There are two accessories under Par. 3 of Art.
irresistble force upon or created 19:
uncontrollable fear on the part of another
to compel him to perform a desired act of 1. Public officer
participation in the commission of the a) Who harbors, conceals, or assists in
crime. The former is a principal by the escape of the PRINCIPAL of the
inducement and the latter is actually a crime and who acts with abuse of his
principal by direct participation albeit public functions.
exempt from criminal liability (Pars. 5 and 2. Private individual
6, Art. 12) but he will still be civilly liable. a) The principal of the crime must have
(Art. 101) (Regalado) been guilty of TREASON,
Accomplices PARRICIDE, MURDER, OR AN
ATTEMPT AGAINST THE LIFE
To be considered as an accomplice, the OF THE CHIEF EXECUTIVE, OR
offender must have known of the criminal

46
 WHO IS KNOW TO BE
HABITUALLY GUILTY OF
SOME OTHER CRIME.
(The President Macapagal Arroyo & her
Husband ) 1
When accessories are not criminally
liable:
(1) When the felony committed is a light
felony;
(2) When the accessory is related to the
principal as spouse, or as an ascendant, or
descendant or as brother or sister whether
legitimate, natural or adopted or where the
accessory is a relative by affinity within
the same degree, unless the accessory
himself profited from the effects or
proceeds of the crime or assisted the
offender to profit therefrom.
Accessory as a fence
The Revised Penal Code defines what
manners of participation shall render an
offender liable as an accessory. Among the
enumeration is ―by profiting themselves
or by assisting the offender to profit by the
effects of the crime‖. So the accessory
shall be liable for the same felony
committed by the principal. However,
where the crime committed by the
principal was robbery or theft, such
participation of an accessory brings about
criminal liability under Presidential Decree
No. 1612 (Anti-Fencing Law). One who
knowingly profits or assists the principal
to profit by the effects of robbery or theft
is not just an accessory to the crime, but
principally liable for fencing under
Presidential Decree No. 1612.
Destroying the corpus delicti
1
This is from Ret. Fiscal Vicente :)
47
When the crime is robbery or theft, with
respect to the second involvement of an
accessory, do not overlook the purpose which
must be to prevent discovery of the crime.
The corpus delicti is not the body of the person
who is killed, even if the corpse is not
recovered, as long as that killing is established
beyond reasonable doubt, criminal liability
will arise and if there is someone who destroys
the corpus delicti to prevent discovery, he
becomes an accessory.
Harboring or Concealing An Offender
In the third form or manner of becoming an
accessory, take note that the law distinguishes
between a public officer harboring, concealing
or assisting the principal to escape and a
private citizen or civilian harboring concealing
or assisting the principal to escape.
In the case of a public officer, the crime
committed by the principal is immaterial. Such
officer becomes an accessory by the mere fact
that he helped the principal to escape by
harboring or concealing, making use of his
public function and thus abusing the same.
On the other hand, in case of a civilian, the
mere fact that he harbored concealed or
assisted the principal to escape does not ipso
facto make him an accessory. The law requires
that the principal must have committed the
crime of treason, parricide, murder or attempt
on the life of the Chief Executive.
A. Decree Penalizing Obstruction of
Apprehension and Prosecution of Criminal
Offenders (P.D. 1829)
Any person, who knowingly or willfully
obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation
and prosecution of criminal cases by
committing any of the following acts:
1. Preventing witnesses from testifying in any
criminal proceeding or from reporting the
commission of any offense or the identity of
any offender/s by means of bribery,
misrepresentation, deceit, intimidation,
force or threats
2. Altering, destroying, suppressing or
concealing any paper, record, document,
or object, with intent to impair its verity,
authenticity, legibility, availability, or
admissibility as evidence in any
investigation of or official proceedings in,
criminal cases, or to be used in the
investigation of, or official proceedings in,
criminal cases.
3. Harboring or concealing, or facilitating
the escape of, any person he knows, or has
reasonable ground to believe or suspect,
has committed any offense under existing
penal laws in order to prevent his arrest,
prosecution and conviction.
4. Publicly using a fictitious name for the
purpose of concealing a crime, evading
prosecution or the execution of a
judgment, or concealing his true name and
other personal circumstances for the same
purpose or purposes.
5. Delaying the prosecution of criminal
cases by obstructing the service of process
or court orders or disturbing proceedings
in the fiscal's offices, in Tanodbayan, or in
the courts
6. Making, presenting or using any record,
document, paper or object with knowledge
of its falsity and with intent to affect the
course or outcome of the investigation of,
or official proceedings in, criminal cases.
7. Soliciting, accepting, or agreeing to
accept any benefit in consideration of
abstaining from, discounting, or impeding
the prosecution of a criminal offender.
8. Threatening directly or indirectly
another with the infliction of any wrong
upon his person, honor or property or that
of any immediate member or members of
his family in order to prevent such person
from appearing in the investigation of, or
official proceedings in, criminal cases, or
48
imposing a condition, whether lawful or
unlawful, in order to prevent a person from
appearing in the investigation of or in official
proceedings in, criminal cases.
9. Giving of false or fabricated information to
mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecting the life or property of the
victim; or fabricating information from the
data gathered in confidence by investigating
authorities for purposes of background
information and not for publication and
publishing or disseminating the same to
mislead the investigator or the court. (Sec. 1)
PENALTIES
Penalty
Suffering that is inflicted by the State for the
transgression of law
Concept
In general sense, it signifies pain.
Juridical - suffering undergone because of the
action of human society, by one who commits
a crime.
General Principles
(1) Art. 21. Penalties that may be imposed. —
No felony shall be punishable by any penalty
not prescribed by law prior to its commission.
(2) Judicial conditions for penalty:
(a) Must be productive of suffering but the
limit is the integrity of human personality;
(b) Must be proportionate to the crime in the
sense that different penalties are prescribed for
different felonies;
(c) Must be personal as it must be imposed
only upon the criminal and no other;
(d) Must be legal as it must be the
consequence of a judgment according to law;
(e) Must be certain so that one cannot escape
from it;
(f) Must be equal in the sense that it applies to
all persons regardless of circumstances;
(g) Must be correctional. Purposes
(1) The purpose of the State in punishing
crimes is to secure justice. The State has
an existence of its own to maintain a
conscience of its own to assert, and moral
principles to be vindicated. Penal justice
must therefore be exercised by the State in
the service and satisfaction of a duty and
rests primarily on the moral rightfulness of
the punishment inflicted.
(2) Padilla gave five theories justifying
penalty:
(a) Prevention – The State must
punish the criminal to prevent or suppress
the danger to the State and to the public
arising from the criminal acts of the
offender;
(b) Correction or reformation – The
object of punishment in criminal cases is
to correct and reform, as the State has the
duty to take care of and reform the
criminal;
(c) Exemplarity – The criminal is
punished to serve as an example to deter
others from committing crimes;
(d) Social defense – The State has the
right to punish the criminal as a measure
of a self-defense so as to protect society
from the wrong caused by the criminal;
and
(e) Justice – The absolute theory of
penalty rests on the theory that crime must
be punished by the State as an act of
retributive justice, a vindication of
absolute right and moral law violated by
the criminal.
Prescribed penalty
The RPC provides for an initial penalty as
a general prescription for the felonies
defined therein which consists of a range
of period of time.
Imposable Penalty
The Code provides for attending or
modifying circumstances which when
present in the commission of a felony
affects the computation of the penalty to
be imposed on a convict.
49
Penalty actually imposed
From the imposable penalty, the court chooses
a single fixed penalty (also called a straight
penalty) which is the "penalty actually
imposed" on a convict. (See People v. Beth
Temporada, GR No. 173473 )
Three fold purpose
1. Retribution or expiation
2. Correction or Reformation
3. Social Defense
ACT PROHIBITING THE IMPOSITION
OF DEATH PENALTY (R.A. 9346)
(1) The imposition of the penalty of death is
hereby prohibited. Accordingly, RA 8177 (Act
Designating Death by Lethal Injection) is
hereby repealed. RA 7659 (Death Penalty
Law) and all other laws, executive orders and
decrees, insofar as they impose the death
penalty are hereby repealed or amended
accordingly (Sec. 1, RA 9346).
(2) In lieu of the death penalty, the following
shall be imposed:
(a) The penalty of reclusion perpetua when the
law violated makes use of the nomenclature of
the penalties of the RPC;
(b) The penalty of life imprisonment, when the
law violated does not make use of the
nomenclature of the penalties of the RPC;
(3) Persons convicted of offenses punished
with reclusion perpetua, or whose sentences
will be reduced to reclusion perpetua by
reason of the Act shall not be eligible for
parole under the ISLAW.
Classification of Penalties
1. Principal penalties – those expressly
imposed by the court in the judgment of
conviction.
2. Accessory penalties – those that are deemed
included in the imposition of the principal
penalties.
 (2) Article 41. Reclusion perpetua and
According to divisibility: reclusion temporal - civil interdiction for life
or during the period of the sentence as the case
1. Indivisible penalties – those which may be, and perpetual absolute
have no fixed duration, e.g. death disqualification;
and reclusion perpetua
(3) Article 42. Prision mayor - temporary
2. Divisible penalties – those that absolute disqualification perpetual special
have fixed duration and are disqualification from the right of suffrage;
divisible into three periods. e.g.
reclusion temporal down to (4) Article 43. Prision correccional -
arresto menor. suspension from public office, from the right
to follow a profession or calling, and perpetual
According to Gravity: special disqualification from the rights of
suffrage if the duration of said imprisonment
1. Capital shall exceed 18 months.
2. Afflictive
3. Correctional (5) Article 44. Arresto - suspension of the right
4. Light. to hold office and the right of suffrage during
the term of the sentence.
Duration of Penalties:
There are accessory penalties which are true to
PENALTY DURATION other principal penalties. An example is the
Reclusion Perpetua 20 years and 1 day to penalty of civil interdiction. This is an
40 accessory penalty and, as provided in Article
years 34, a convict sentenced to civil interdiction
Reclusion Temporal 12 years and 1 day to suffers certain disqualification during the term
20 of the sentence. One of the disqualifications is
years that of making a conveyance of his property
Prision mayor and 6 years and 1 day to inter vivos.
Temporary 12
disqualification years INDETERMINATE SENTENCE LAW
Prision correcional 6 months and 1 day (RA 4103, AS AMENDED)
Suspension and to 6
Destierro years The purpose of the Indeterminate Sentence law
Arresto mayor 1 month and 1 day to is to avoid prolonged imprisonment, because it
6 is proven to be more destructive than
months constructive to the offender. So, the purpose of
Arresto menor 1 day to 30 days the Indeterminate Sentence Law in shortening
Bond to keep the peace Discretionary on the the possible detention of the convict in jail is
Court to save valuable human resources. In other
words, if the valuable human resources were
allowed prolonged confinement in jail, they
Penalties in which other accessory
would deteriorate. Purpose is to preserve
penalties are inherent:
economic usefulness for these people for
(1) Article 40. Death - perpetual absolute having committed a crime -- to reform them
disqualification, and civil interdiction rather than to deteriorate them and, at the same
during 30 years following date of time, saving the government expenses of
sentence; maintaining the convicts on a prolonged
confinement in jail.

50
If the crime is a violation of the Revised
Penal Code, the court will impose a
sentence that has a minimum and
maximum. The maximum of the
indeterminate sentence will be arrived at
by taking into account the attendant
mitigating and/or aggravating
circumstances according to Article 64 of
the Revised Penal Code. In arriving at the
minimum of the indeterminate sentence,
the court will take into account the penalty
prescribed for the crime and go one degree
lower. Within the range of one degree
lower, the court will fix the minimum for
the indeterminate sentence, and within the
range of the penalty arrived at as the
maximum in the indeterminate sentence,
the court will fix the maximum of the
sentence. If there is a privilege mitigating
circumstance which has been taken in
consideration in fixing the maximum of
the indeterminate sentence, the minimum
shall be based on the penalty as reduced by
the privilege mitigating circumstance
within the range of the penalty next lower
in degree.
If the crime is a violation of a special law,
in fixing the maximum of the
indeterminate sentence, the court will
impose the penalty within the range of the
penalty prescribed by the special law, as
long as it will not exceed the limit of the
penalty. In fixing the minimum, the court
can fix a penalty anywhere within the
range of penalty prescribed by the special
law, as long as it will not be less than the
minimum limit of the penalty under said
law. No mitigating and aggravating
circumstances are taken into account.
Courts are required to fix a minimum and
a maximum of the sentence that they are to
impose upon an offender when found
guilty of the crime charged. So, whenever
the Indeterminate Sentence Law is
applicable, there is always a minimum and
maximum of the sentence that the convict
shall serve. If the crime is punished by the
Revised Penal Code, the law provides that
the maximum shall be arrived at by
51
considering the mitigating and aggravating
circumstances in the commission of the crime
according to the proper rules of the Revised
Penal Code. To fix the maximum, consider the
mitigating and aggravating circumstances
according to the rules found in Article 64. This
means –
(1) Penalties prescribed by the law for the
crime committed shall be imposed in the
medium period if no mitigating or aggravating
circumstance;
(2) If there is aggravating circumstance, no
mitigating, penalty shall be imposed in the
maximum;
(3) If there is mitigating circumstance, no
aggravating, penalty shall be in the minimum;
(4) If there are several mitigating and
aggravating circumstances, they shall offset
against each other. Whatever remains, apply
the rules.
(5) If there are two or more mitigating
circumstance and no aggravating
circumstance, penalty next lower in degree
shall be the one imposed.
Rule under Art 64 shall apply in determining
the maximum but not in determining the
minimum.
Rules to determine the indeterminate
sentence under the RPC:
(1) Minimum – one degree next lower to the
penalty imposed. This is determined without
considering the attending circumstances to eh
penalty prescribed. The term of the minimum
is left to the discretion of the court, which is
unqualified. The only limitation is that it is
within the range of the penalty next lower in
degree to that prescribed in the RPC for the
offense committed. Where there is a privileged
mitigating or the number of mitigating
circumstances is such as to entitle the accused
to the penalty next lower in degree, the starting
point to determine the minimum o the
indeterminate sentence of the indeterminate
sentence is the next lower than that prescribed
for the offense.
(2) Maximum – the penalty imposed as
provided by law. The period will depend
upon the attending circumstances.
Example: homicide in which one
mitigating circumstance attended its
commission.
Maximum – penalty prescribed by law that
is reclusion temporal. The period of that
penalty will now depend upon the
attending circumstance. Since there is one
mitigating and no aggravating it will be in
the minimum or reclusion temporal
minimum period.
Minimum – one degree next lower to
reclusion temporal is determined without
considering the mitigating circumstance
and that will be prision mayor. The range
of prision mayor will depend upon the
discretion of the Court.
The indeterminate penalty is therefore a
minimum of prision mayor (within the
range fixed by the court) to a maximum of
reclusion temporal minimum period.
(3) The Indeterminate Sentence Law
cannot be applied if it will result in the
lengthening of the sentence of the accused.
This will apply only to offenses punished
by special laws.
The Indeterminate Sentence Law shall
not apply to:
(1) Persons convicted of offense
punishable with death penalty or life
imprisonment;
(2) Persons convicted of treason,
conspiracy or proposal to commit treason;
(3) Persons convicted of misprision of
treason, rebellion, sedition, espionage;
(4) Persons convicted of piracy;
(5) Persons who are habitual delinquents;
(6) Persons who shall have escaped from
confinement or evaded sentence;
(7) Those who have been granted
conditional pardon by the Chief Executive
and shall have violated the term thereto;
52
(8) Those whose maximum term of
imprisonment does not exceed one year, but
not to those already sentenced by final
judgment at the time of the approval of
Indeterminate Sentence Law.
The Three-Fold Rule
Under this rule, when a convict is to serve
successive penalties, he will not actually serve
the penalties imposed by law. Instead, the
most severe of the penalties imposed on him
shall be multiplied by three and the period will
be the only term of the penalty to be served by
him. However, in no case should the penalty
exceed 40 years.
This rule is intended for the benefit of the
convict and so, you will only apply this
provided the sum total of all the penalties
imposed would be greater than the product of
the most severe penalty multiplied by three but
in no case will the penalties to be served by the
convict be more than 40 years.
Although this rule is known as the Three-Fold
rule, you cannot actually apply this if the
convict is to serve only three successive
penalties. The Three-Fold Rule can only be
applied if the convict is to serve four or more
sentences successively. If the sentences would
be served simultaneously, the Three-Fold rule
does not govern.
The chronology of the penalties as provided in
Article 70 of the Revised Penal Code shall be
followed.
It is in the service of the penalty, not in the
imposition of the penalty, that the Three-Fold
rule is to be applied. The three-Fold rule will
apply whether the sentences are the product of
one information in one court, whether the
sentences are promulgated in one day or
whether the sentences are promulgated by
different courts on different days. What is
material is that the convict shall serve more
than three successive sentences.
 the principal penalty and in no case will it be
more than 1 year - get 1/3 of the principal
Subsidiary penalty penalty - whichever is lower.

Is subsidiary penalty an accessory penalty? (2) If the subsidiary penalty is to be imposed

No.
If the convict does not want to pay fine
and has so many friends and wants to
prolong his stay in jail, can he stay there
and not pay fine? No.
After undergoing subsidiary penalty and
the convict is already released from jail
and his financial circumstances improve,
can he be made to pay? Yes, for the full
amount with deduction.
for nonpayment of fine and the principal
penalty imposed be fine only, which is a single
penalty, that means it does not go with another
principal penalty, the most that the convict will
be required to undergo subsidiary
imprisonment is six months, if the felony
committed is grave or less grave, otherwise, if
the felony committed is slight, the maximum
duration of the subsidiary penalty is only 15
days.
Graduation of Penalties

Article 39 deals with subsidiary penalty. Graduation of penalties may be by:

There are two situations there:
1. By Degrees:
(1) When there is a principal penalty of a. Stages of execution (consummated,
imprisonment or any other principal frustrated, or attempted); and
penalty and it carries with it a fine; and b. Degree of criminal participation of the
offender (principal, accomplice or accessory).
(2) When penalty is only a fine.
Therefore, there shall be no subsidiary 2. By Periods (maximum, medium, and
penalty for the non-payment of damages to minimum)
the offended party.
CONSUMMA FRUSTRATE ATTEMP
It was held that the convict cannot choose TED D TED
not to serve, or not to pay the fine and PRINCIPAL
instead serve the subsidiary penalty. A 0 1 2
subsidiary penalty will only be served if
the sheriff should return the execution for ACCOMPLICE
the fine on the property of the convict and 1 2 3
he does not have the properties to satisfy ACCESSORY
the writ. ( People v. Subido)
2 3 4
When is subsidiary penalty applied?

(1) If the subsidiary penalty prescribed for

the non-payment of fine which goes with
the principal penalty, the maximum
duration of the subsidiary penalty is one
year, so there is no subsidiary penalty that
goes beyond one year. But this will only
be true if the one year period is higher than
1/3 of the principal penalty, the convict
cannot be made to undergo subsidiary
penalty more than 1/3 of the duration of
Interpretation:
0 – represents the penalty prescribed by law,
which is to be imposed on the principal in a
consummated offense.
1 – represents that penalty prescribed by law
must be lowered by one degree to meet the

53
different situations and so on with
numbers 2, 3, 4…
Note: The rules in the diagram shall not
apply to cases were the law prescribed the
penalty for a frustrated or attempted
felony, or to be imposed upon accomplices
or accessories.
EXECUTION AND SERVICE OF
PENALTIES
In case of INSANITY:
1. When a convict becomes insane or
imbecile after final sentence has been
pronounced, the execution of such
sentence is suspended only as regards the
personal penalty.
2. If he recovers his reason, his sentence
shall be executed unless the penalty has
prescribed.
3. Even if while serving his sentence, the
convict becomes insane or imbecile, the
above provisions shall be observed.
4. But the payment of his civil or
pecuniary liabilities shall not be
suspended.
When is Death Penalty not imposed?
1. When the convict is below 18 yrs old at
the time of the commission of the crime.
2. When the convict is over 70 yrs old at
the time of the commission of the crime.
3. When upon appeal or automatic review
of the case by the Supreme Court, the
required majority vote is not obtained for
imposition of the death penalty, in which
cases the penalty shall be reclusion
perpetua. (Art. 47)
Cases when Destierro is imposed:
1. Death or serious physical injuries is
caused or are inflicted under exceptional
circumstances. (Art. 247)
54
2. Failure to give bond for good behavior in
grave and light threats. (Art. 284)
3. Penalty for the concubine in concubinage
(Art. 334)
4. When, after reducing the penalty by one or
more degrees, destierro is the proper penalty.
How is Destierro executed?
1. Convict shall not be permitted to enter the
place designated in the sentence nor within the
radius specified, which shall not be more than
250 and not less than
25 km from the place designated.
2. If the convict enters the prohibited area, he
commits evasion of sentence.
PROBATION LAW P.D. 986, as amended.
Definition of terms
1. Probation – a disposition under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by the
court and to the supervision of a probation
officer.
2. Probationer – a person placed on probation.
3. Probation officer – one who investigates for
the court a referral for probation or supervises
a probationer or both.
Purpose
1. Probation is only a privilege. So even if the
offender may not be disqualified of probation,
yet the court believes that because of the crime
committed it was not advisable to give
probation because it would depreciate the
effect of the crime, the court may refuse or
deny an application for probation.
2. The purposes of the law are:
(a) Promote the correction and
rehabilitation of an offender by
 providing him with individualized
treatment;
(b) Provide an opportunity for the
reformation of a penitent offender
which might be less probable if he
were to serve a prison sentence;
(c) Prevent the commission of
offenses; (d) Decongest our jails; and
(e) Save the government much needed
finance for maintaining convicts in
jail.
Grant of probation, Manner and
Conditions
1. No application for probation shall be
entertained or granted if the defendant has
perfected the appeal from the judgment or
conviction. Probation may be granted
whether the sentence imposes a term of
imprisonment or a fine only. An
application for probation shall be filed
with the trial court. The filing of the
application shall be deemed a waiver of
the right to appeal. An order granting or
denying probation shall not be appealable
(Sec. 4).
2. No person shall be placed on probation
except upon prior investigation by the
probation officer and a determination by
the court that the ends of justice and the
best interest of the public as well as that of
the defendant will be served thereby (Sec.
5).
3. The probation officer shall submit to the
court the investigation report on a
defendant not later than 60 days from
receipt of the order of said court to
conduct the investigation. The court shall
resolve the application for probation not
later than 15 days after receipt of said
report. Pending submission of the
investigation report and the resolution of
the petition, the defendant may be allowed
on temporary liberty under his bail filed
under the criminal case. Where no bail is
filed or that the defendant is incapable of
filing one, the court may allow the release
of the defendant on recognizance to the
55
custody of a responsible member of the
community who shall guarantee his
appearance whenever required by the court
(Sec. 7).
4. Every probation order issued by the court
shall contain conditions requiring that the
probationer shall:
(a) Present himself to the probation officer
within 72 hours from receipt of probation
order designated to undertake his supervision
at such place as may be specified in the order;
(b) Report to the probation officer at least once
a month at such time and place as specified by
said officer. The court may also require the
probationer to:
(c) Cooperate with a program of supervision;
(d) Meet his family responsibilities;
(e) Devote himself to a specific employment
and not to change said employment without
the prior written approval of the probation
officer;
(f) Undergo medical, psychological or
psychiatric examination and treatment and
enter and remain in a specified institution,
when required for that purpose;
(g) Pursue a prescribed secular study or
vocational training;
(h) Attend or reside in a facility established for
instruction, recreation or residence of persons
on probation;
(i) Refrain from visiting houses of ill repute;
(j) Abstain from drinking intoxicating
beverages to excess;
(k) Permit the probation officer or an
authorized social worker to visit his home and
place of work; (l) Reside at premises approved
by it and not to change his residence without
his prior written approval; or
(m) Satisfy any other conditions related to the
rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with
his freedom of conscience (Sec. 10).
5. Discretionary conditions - The trial court
which approved the application for probation
may impose any condition which may be
constructive to the correction of the offender,
provided the same would not violate the
constitutional rights of the offender and
subject to this two restrictions:
(1) The conditions imposed should not be
unduly restrictive of the probationer; and
(2) Such condition should not be
incompatible with the freedom of
conscience of the probationer.
Disqualified Offenders
The following are disqualified offenders:
(1) Those sentenced to serve maximum
term of imprisonment of more than 6 years
(6 years or less is the probationable
penalty);
(2) Those convicted of subversion or any
crime against the national security or the
public order; (a) Treason
(b) Conspiracy and proposal to
commit treason
(c) Misprision of treason
(d) Espionage
(e) Inciting to war and giving motives
for reprisal
(f) Violation of neutrality
(g) Correspondence with hostile
country (h) Flight to enemy country
(i) Piracy and mutiny
(j) Rebellion, insurrection, coup,
sedition (k) Illegal assemblies and
associations
(l) Direct/indirect assault, resistance
and disobedience
(m) Public disorders—Tumults,
alarms and scandals
(n) Delivery of prisoners from jail
(o) Evasion of service of sentence
(p) Quasi-recidivism
(3) Those who have previously been
convicted by final judgment of an offense
punished by imprisonment of not less than
one month and one day and/or fine of not
less than 200 pesos;
(4) Those who have been once on
probation under the provisions of PD 968;
56
(5) Those who are already serving sentence at
the time the substantive provisions of PD 968
became applicable pursuant to Sec. 33 thereof
(Sec. 9);
(6) Those entitled to the benefits under the
provisions of PD 603 and similar laws;
(7) Those who have perfected an appeal
because appeal and probation are mutually
exclusive remedies
Termination of probation; exception
After the period of probation and upon
consideration of the report and
recommendation of the probation officer, the
court may order the final discharge of the
probationer upon finding that he has fulfilled
the terms and conditions of his probation and
thereupon the case if deemed terminated.
The final discharge of the probationer shall
operate to restore to him all civil rights lost or
suspended as a result of his conviction and to
fully discharge his liability for any fine
imposed as to the offense for which probation
was granted.
Any person convicted for drug trafficking or
pushing under RA 9165, regardless of the
imposable penalty imposed by the Court,
cannot avail of the privilege granted by the
Probation Law (Sec. 24, RA 9165).
CRIMINAL AND CIVIL LIABILITIES
Extinction of Criminal Liability
Criminal liability is totally extinguished as
follows:
(1) By the death of the convict as to personal
penalties; and as to pecuniary penalties,
liability therefore is extinguished only when
the death of the offender occurs before final
judgment
(2) By service of sentence;
(3) By amnesty which completely
extinguished the penalty and all its effects;
(4) By absolute pardon;
(5) By prescription of the crime;
(6) By prescription of the penalty;
(7) By the marriage of the offended
women as in the crimes of rape, abduction,
seduction and acts of lasciviousness.
Criminal liability is partially extinguished
as follows:
(1) By conditional pardon;
(2) By commutation of sentence;
(3) For good conduct, allowances which
the culprit may earn while he is serving
sentence;
(4) Parole; and
(5) Probation.
Death of the offender
Where the offender dies before final
judgment, his death extinguishes both his
criminal and civil liabilities. So while a
case is on appeal, the offender dies, the
case on appeal will be dismissed. The
offended party may file a separate civil
action under the Civil Code if any other
basis for recovery of civil liability exists as
provided under Art 1157 Civil Code.
(People v. Bayotas, decided on September
2, 1994)
Pardon
An act of grace proceeding from the
power entrusted of the laws which
exempts the individual on whom it is
bestowed from the punishment the law
inflicts for the crime he has committed.
Kinds
Absolute & Conditional
may be granted only after conviction by
final judgment. If it is granted in general
57
terms, it does not include accessory penalty.
Exception: Absolute Pardon
Pardon after 20 years does not remove
perpetual absolute disqualification.
Exception: Expressly restored by te terms of
pardon.
Pardon by the Chief Pardon by the offended
Executive party
Extinguishes criminal Not extinguish
liability
Cannot include civil Can waive civil
liability liability
Can only be granted Must be given prior to
after conviction by criminal institution
final judgment
Limitation on the pardoning power of the
Chief Executive:
1. That the power be exercised after final
conviction, because where the President is not
so prevented by the Constitution, not even
Congress can impose any restriction to prevent
a presidential folly; and
2. That such power does not extend to cases of
impeachment. (People v. Salle, cited in Boado)
A judgment of conviction becomes final
a. When no appeal is seasonably perfected;
b. When the accused commences to serve the
sentence;
c. When the right to appeal is expressly
waived in writing, except where the death
penalty was imposed by the trial court;
d. When the accused applies for probation,
thereby waiving his right to appeal.
Amnesty
Act of sovereign power granting oblivion or a
general pardon for a past offense and is rarely,
if ever, exercised in favor of a single
individual and is usually exerted in behalf if
certain classes of persons, who are subject executed then the pardon shall be understood
to trial but have not yet been convicted. as intended to erase the effects of the
(Brown v. Walter) conviction.

Amnesty and Pardon So if the convict has already served the

sentence and in spite of that he was given a
pardon that pardon will cover the effects of the
Amnesty Pardon crime and therefore, if he will be subsequently
Application convicted for a felony embracing the same title
Generally to Generally to as that crime, he cannot be considered a
political crimes and ordinary crimes recidivist, because the pardon wipes out the
offenders and offenders effects of the crime.
Effect on convict
Obliterates the Relieves the But if he was serving sentence when he was
effects of offender of penalty pardoned, that pardon will not wipe out the
conviction as if the but the effects of effects of the crime, unless the language of the
act were not conviction stay pardon absolutely relieve the offender of all
criminal the effects thereof. Considering that recidivism
Congress does not prescribe, no matter how long ago
Concurrence Not needed was the first conviction, he shall still be a
requiredq recidivist.
When given
In Monsanto v. Factoran, Jr., 170 SCRA
Even before After final 191, it was held that absolute pardon does not
conviciton conviction ipso facto entitle the convict to reinstatement
To whom given to the public office forfeited by reason of his
Usually to a class To a specific conviction. Although pardon restores his
of persons individual eligibility for appointment to that office, the
Nature pardoned convict must reapply for the new
Public act of the Private act of the appointment.
President President Pardon becomes valid only when there is a
final judgment. If given before this, it is
Evidentiary value
premature and hence void. There is no such
Judicial notice Must be pleaded
thing as a premature amnesty, because it does
taken and proved by the
not require a final judgment; it may be given
accused
before final judgment or after it.

Prescription of Crimes (Art.90)

Forfeiture or loss of the right of the State to
Suppose, instead of amnesty, what was
prosecute the offender after the lapse of a
given was absolute pardon, then years
certain time.
later, the offended was again captured and
charged for rebellion, he was convicted, is
Death, RP and RT 20 years
he a recidivist? Yes. Pardon, although
Other afflictive 15 years
absolute does not erase the effects of
penalties
conviction. Pardon only excuses the
convict from serving the sentence. There is Correctional 10years
an exception to this and that is when the Except: arresto mayor
pardon was granted when the convict had (5 years)
already served the sentence such that there Libel or other similar 1 year
is no more service of sentence to be offenses

58
Oral defamation and 6 months
slander by deed In prescription of penalties, it is the penalty
imposed that should be considered.
Light offense 2 months
Compound penalty Highest penalty shall
be made the basis of Art. 93 computation of prescription
the application of the 1. Commences to run from the date when the
rules contained in the culprit evaded the service of his sentence
1st, 2nd, and 3rd 2. INTERRUPTED if the convict:
pararaph of Art. 90 a) Gives himself up
b) Be captured
Art. 91 computation of prescription of c) Goes to a foreign country with which
offenses we have no extradition treaty;
d) Commits another crime before the
1. The period of the prescription expiration of the period of
commences to run from the day on which prescription
the crime is discovered by the:
a) Offended party The period of prescription shall run again
b) The authorities or their agents when the convict escapes again after having
2. Interrupted by the filing of the complain been captured and returned to prison.
or information.
3. The period will run again when such The law on prescription of crimes is an act of
proceedings is terminated when: amnesty and liberality on the part of the state
a) Without the accused being in favor of the offender. Hence, in
convicted or acquitted; or interpretation of the law on prescription of
b) The proceedings are unjustifiably crimes, that which os most favorable to the
stopped for any reason not accused is to be adopted. The application of
imputable to him. the rule on constructive notice in the
4. The term of prescription shall not run construction of Art. 91 of the RPC would
when the offender is absent from the certainly be favorable to the accused since the
Philippines. prescriptive period of the cirme shall have to
be reckoned with earlier. (People v. Reyes,
Period of prescription of continuing G.R. No. 74226-27)
crime never runs.

Act. No. 326 - An act to establish periods of

Prescription of penalty (Art. 92) prescription for violations penalized by special
Loss or forfeiture of the right of the acts and municipal ordinances and to provide
government to execute the final sentence when prescription begin to run.
after the lapse of a certain time
Offenses punished by: Prescription
Death and reclusion 20 years
perpetua A fine or After 1 year
Other afflictive 15 years imprisonment not more
penalties than 1 month, or both.
Imprisonment for more After 4 years
Correctionaln penalties 10 years than 1 month but less
Except arresto mayor than 2 years
(5 years) Imprisonment for 2 After 8 years
Light penalties 1 year years or more but less
than 6 years

59
Imprisonment for 6 After 12 years
years or more Partial Extinction of Criminal Liability
Offenses under After 5 years
Internal Revenue Law Good Conduct Allowance
Violation of municipal 2 months
ordinance This includes the allowance for loyalty under
Violation of the After 2 months Article 98, in relation to Article 158. A convict
regulations or who escapes the place of confinement on the
conditions of occasion of disorder resulting from a
certificate of conflagration, earthquake or similar
convenience by the catastrophe or during a mutiny in which he has
public service not participated and he returned within 48
commission hours after the proclamation that the calamity
had already passed, such convict shall be given
credit of 1/5 of the original sentence from that
allowance for his loyalty of coming back.
Those who did not leave the penitentiary under
Conditional Pardon such circumstances do not get such allowance
Delivered and accepted and is considered a for loyalty. Article 158 refers only to those
contract between the sovereign power of who leave and return.
the executive and the convict that the
former will release the latter upon Parole
compliance with the condition.
This correspondingly extinguishes service of
Conditional pardon can be extended to sentence up to the maximum of the
the convict in three ways: indeterminate sentence. This is the partial
a. Through the operation of the ISLaw; extinction referred to, so that if the convict
b. Through the grant of probation under was never given parole, no partial extinction.
the probation law;
c. Through the exercise of the President CIVIL LIABILITY
motu proprio of the power under the
Constitution. (Boado) Two classes of Civil Liability:

When conditions violated, the offender 1. Social Injury – produced by disturbance

is:
a. Rearrested and reincarcerated by
order of the President under the Revised
Administrative Code; or
b. Prosecuted under Art. 159 of the
RPC. (Boado)
Commutation of Sentence
It is a chane of a decision of the court
made by the Chief Executive by reducing
the degree of the penalty inflicted upon the
convict, or by decreasin the lenght of the
imprisonment or the amount of the fine.
and alarm which are the outcome of the
offense
2. Personal Injury – caused by the victim
who may have suffered damage, either to his
person, property, honor or chastity
Damage that may be recovered in criminal
cases:
1. Crimes against persons, like crime of
physical injuries – whatever he spent for
treatment of wounds, doctor’s fees, medicines
as well as salary or wages unearned.
2. Moral Damages: seduction, abduction, rape
or other lascivious acts, adultery or

60
concubinage, illegal or arbitrary detention
or arrest, illegal search, libel, slander or
any other form of defamation, malicious
prosecution.
3. Exemplary Damages: imposed when
crime was committed with one or more
aggravating circumstances.
Art. 100 - Every person criminally liable
for a felony is also civilly liable.
Exceptions:
1. Victimless crimes;and
2. Flight to enemy country.
Art. 102 - SUBSIDIARY LIABILITY
OF INNKEEPERS,
TAVERNKEEPERS AND
PROPERIETORS OF
ESTABLISHMENTS
ART. 103 - SUBSIDIARY CIVIL
LIABILITY OF OTHER PERSONS
Requisites:
1. Existence of employer-employee
relationship
2. That the employer is engaged in some
kind of industry;
3. Employee is adjudged guilty of the
wrongful act and found to have committed
the offense in the discharge ofhis duties ;
and
4. Employee is insolvent. (Yonoha v. CA)
What is included in Civil Liability:
NOTE: The first remedy granted by law is
restitution of the thing taken away by the
offender; if restitution cannot be made by
the offender or by his heirs, the law allows
the offended party reparation. In either
case, indemnity for consequential damages
may be required.
61
Civil Liability includes:
1. Restitution
The resitution of the thing itself must be
made whenever possible. (Art. 105)
2. Reparation for damaged caused
The court shall determine the amount of
damage taking into consideration the price and
its special sentimental value to the injured
party. (Art. 106)
3. Indeminification for consequential
damages
 Generally refers to crimes against
persons.
 Includes not only those caused to the
injured party, but also those suffered by
his family or by a third person by reason
of the crime. (Art. 107)
If there is no damage caused by the
commission of the crime the offender is not
civilly liable.
Damage that may be recovered in criminal
cases:
1. Crimes against persons, like crime of
physical injuries – whatever he spent for
treatment of wounds, doctor’s fees, medicines
as well as salary or wages unearned.
2. Moral Damages: seduction, abduction, rape
or other lascivious acts, adultery or
concubinage, illegal or arbitrary detention or
arrest, illegal search, libel, slander or any other
form of defamation, malicious prosecution.
Extinction and survival of civil liability
1. By payment or performance
2. By loss of the thing due
3. By the condonation or remission of the debt
4. By the confusion or meger of his rights of
creditor & debtor
5. By novation
Prescription is one of the modes of
extinguishing obligations according to Art.
1232 of the Civil Code.
from which the civil liability may arise did
not exist or where the accused did not commit
the acts or omission imputed to him. (Dayap
v. Sendiong)

The death of the accused pending appeal of his

The extinction of the penal action does not conviction extinguishes his criminal liability
carry with it the extrinction of the civil. as well as the civil liability based solely
thereon. In pursuing recovery of civil liability
However, the civil action based on delict
arising from crime, the final determination of
shall be deemed extinguished if there is a the criminal liability is a condition precedent
finding in a final judgment in the criminal to the prosecution of the civil action, such that
action that the act or omission from which when the criminal action is extinguished by
the civil liability. (Reyes) the demise of the accused-appellant pending
appeal thereof, said civil action cannot
CIVIL LIABILITY PECUNIARY survived. (People v. Bayotas)
LIABILITY /FINE
Both include reparation of the damage caused
and indeminification for consequential damages.
Includes restitution Does not include
restitution
Does not include fine Includes fine and the
and the costs of the costs of the
proceedings proceedings

The acquittal of the accused does not

automatically preclude a judgment against
him on the civil aspect of the case. The
extinction of the penal action does not
carry with it the extinction of the civil
liability where:
(a) the acquittal is based on reasonable
doubt as only preponderance of evidence
is required;
(b) the court declares that the liability of
the accused is only civil; and
(c) the civil liability of the accused does
not arise from or is not based upon the
crime of which the accused is acquitted.
However, the civil action based on
delictmay be deemed extinguished if there
is a finding on the final judgment in the
criminal action that the act or omission

62
 Elements:

1. That the offender is a Filipino citizen or an

alien residing in the Philippines.
2. That there is a war in which the Philippines
is involved;
3. That the offender either -
a) Levies war against the Government,
or
b) Adheres to the enemies, giving them
aid or comfort.

Treason
a breach of allegiance to a government,
committed by a person who owes allegiance to
it. (63 CJ 814)

Allegiance
BOOK TWO the obligation of fidelity and obedience which
the individuals owe to the government under
Title One which they live or to their sovereign, in return
for the protection they receive. (52 Am. Jur.
CRIMES AGAINST NATIONAL 797)
SECURITY AND THE LAW OF
NATIONS a. Permanent allegiance consists in the
obligation of fidelity and obedience which
a citizen or subject owes to his
government or sovereign.

b. Temporary allegiance is the obligation of

Chapter One fidelity and obedience which a resident
CRIMES AGAINST alien owes to our government. (Laurel v.
Misa, 77 Phil. 856)
NATIONAL SECURITY
Levies War
1. Treason
Requires the concurrence of two things: (1)
2. Conspiracy and proposal to commit
that there be an actual assembling of men; and
treason
(2) for the purpose of executing a treasonable
3. Misprision of treason
design by force. (Ex parte Bollman and Ex
4. Espionage
parte Swartwout, 1 U.S. Sup. Ct. Rep. [4
Cranch 75], p. 571 cited in Reyes)

ART. 114 Adherence to the enemies, giving aid or

comfort
Treason Adherence to the enemies and giving them aid
or comfort must concur together.

63

Adherence to the enemies
Means intent to betray
When a citizen intellectually or
emotionally favors the enemy and harbors
sympathies or convictions disloyal to his
country’s policy or interest. (Cramer v.
U.S., 65 Sup. Ct. 918, April 23, 1945)
Aid or Comfort
An act which streghtens or tends to
strenghten the enemy in the conduct of
war against the traitor’s country and an act
which weakens or tends to weaken the
power of the traitor’s country to resist or
to attack the enemy. (Cramer v. U.S.,
supra.)
eg Serving the Japanese army as agent or
spy and participating in the raid of guerilla
hideout. (People vs. Munoz, 79 Phil. 702)
The act committed need not actually
strengthen the enemy.
Mere governmental work during the
Japanese regime is not an act of treason.
Treason is a continuous offense.
When killings and other common
crimes are charged as overt acts of
treason, they cannot be regarded as:
(1) separate crimes;or
(2) as complexed with treason.
Ways of proving treason
1. Testimony of two-witnesses, at least, to
the same overt act; or
2. Confession of the accused in open
court.
Two-witness rule
64
The testimony of two witnesses is required to
prove the overt act of giving aid or comfort. It
is not necessary to prove adherence.
Adherence may be proved:
1. By one witness
2. Nature of the act itself
3. From the circumstances surrounding the act
Aggravating circumstances in treason
1. Cruelty and ignominy
Rapes, wanton robbery for personal gain and
brutality with which the killing or physical
injuries are carried out are regarded as
ignominy and cruelty under paragraphs 17 and
21 of Art. 14 of the Code. (People v. Racaza,
82 Phil. 623)
Evident premeditation is not aggravating in
treason, because in treason, adherence and the
giving of aid and comfort to the enemy is
usually a long continued process requiring
reflective and persistent determination and
planning. (People v. Racaza)
Superior strength and treachery are
circumstances inherent in treason. Treachery is
merged in superior strength. They are,
therefore, not aggravating in treason. (People v.
Adlawan)
DEFENSES
1. Defense of obedience to a de facto
Government
2. Defense of duress or uncontrollable fear
In the eyes of the law, nothing will excuse
that act of joinin an enemy, but the fear of
immediate death; not the fear of any
inferior personal injury, nor the
apprehension of any outrage upon
property. (People v. Bagalawis, 78 Phil.
174)
Defense of suspended allegiance and change
of sovereignty, NOT ACCEPTED

Reasons:
(a) A citizen owes an absolute and
permanent allegiance to his Government;
(b) The sovereignty of the Government is
not transferred to the enemy by mere
occupation;
(c) The subsistence of the sovereignty of
the legitimate Government in a territory
occupied by the military forces of the
enemy during the war is one of the rules of
International Law; and
(d) What is suspended is the exercise of
the rights of sovereignty. (A. Laurel v.
Misa, 77 PHil. 856 cited in Reyes)
ART. 115.
Conspiracy and proposal to commit
treason
Conspiracy to commit treason
When in time of war, two or more person
come to an agreement to levy war against
the Government or to adhere to the
enemies and to give them aid or comfort,
and decide to commit it.
Proposal to commit treason
When in time of war a person who has
decided to levy war against the
Government or to adhere to the enemies
and to give them aid or comfort, proposes
its execution to some other person or
persons.
The two-witness rule does not apply to
conspiracy and proposal to commit treason
because this is a separate and distinct
offense from that of treason. (U.S. v.
Bautista, et al., 6 Phil. 581)
Article 116.
65
Misprision of treason
Elements:
1. That the offender must be owing allegiance
to the Government, and not a foreigner.
2. That he has knowledge of any conspiracy
(to commit treason) against the Government.
3. That he conceals or does not disclose and
make known the same as soon as possible to
the governor or fiscal of the province or the
mayor or fiscal of the city in which he resides.
Misprision of treason cannot be committed by
a resident alien. (Reyes)
Article 116 does not apply when the crime of
treason is already committed by someont and
the accused does not report its commission to
the proper authority. The crime speaks of
“knowledge of any conspiracy against” the
Government of the Philippines, not knowledge
of treason actually committed by another.
(Reyes, BOOK TWO, 2017)
The offender under Article 116 is “punished as
an accessory to the crime of treason.” Article
116 does not provide for a penalty. Hence, the
penalty for misprision of treason is two
degreees lower than that provided for treason.
(Reyes)
The offender is a principal of the crime of
misprision of treason.
Article 20 of the RPC does not apply because
the offender is a principal of the crime of
misprision of treason.
Article 117.
Espionage.
Espionge
is the offense of gathering, transmitting, or
losing information respecting the national
defense with intent or reason to believe
that the information is to be used to the
injury of the Republic of the Philippines or
to the advantage of any foreign nation.
(Commonwealth ACt No. 616 cited in
Reyes)
Two ways of committing espionage
paragraph No. 1 of Art. 117, by reason of the
public office he holds;
c) That he discloses their contents to a
representative of a foreign nation.
Persons liable
The offender must be a public officer who has
in his possession the article, data or
information by reason of the public office he
holds.

1. By enetering, without authority therefor, Commonwealth Act. No. 616

a warship, fort or naval or military
establishment or reservation to obtain any
Acts punished
information, plans, photographs or other
data of a confidential nature relative to the
1. Unlawfully obtaining or permitting to be
defense of the Philippines.
obtained information affecting national
defense;
Elements 2. Unlawful disclosing of information
affecting national defense;
a) That the offender enters any of the 3. Disloyal acts or words in times of peace;
places mentioned; 4. Disloyal acts or words in times of war;
b) That he has no authority therefor; 5. Conspiracy to violate preceding sections;
c) That his purpose is to obtain and
information, plans, photographs or other
data of a confidential nature relative to the
6. Harboring or concealing violators of law.
defense of the Philippines.
ESPIONAGE TREASON
Persons liable May be committed Committed only in
The offender is any person, whether both in time of peace time of war
citizen or a foreigner, a private individual and in time of war
or a public officer. May be committed Limited in two ways
in many ways of committing the
2. By disclosing to the representative of a including those crime: Levying war,
foreign nation the contents of the articles, under CA No. 616 and adhering to the
data or information referred to in enemy giving him
paragraph No. 1 of Art. 117, which he had aid or comfort.
in his possession by reason of the public REYES
office he holds.
Chapter Two
Elements:
a) That the offender is a public officer; Crimes against the Law of Nations
b) That he has in his possession of the
articles, data or information referred to in

66
Section Two. - Provoking war and
disloyalty in case of war
1. Inciting war or giving motives of
reprisals;
2. Violation of neutrality
3. Correspondence with hostile country;
4. Flight to enemy’s country.
Article 118.
Inciting to war or giving motives for
reprisals
Elements:
1. That the offender performs unlawful or
unauthorized acts;
2. That such acts provoke or give occasion
for a war involving or liable to involve the
Philippines or expose Filipino citizens to
reprisals on their person or property.
The intention of the offender is immaterial.
(Reyes)
Article 119
Violation of neutrality
Elements:
1. That there is a war in which the
Philippines is not involved;
2. That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality;
3. That the offender violates such
regulation.
There must be a regulation issued by
competent authority for the enforcement of
neutrality.
67
Article 120.
Correspondence with hostile country.
Elements:
1. That it is in time of war in which the
PHilippines is involved;
2. That the offender makes correspondence
with an enemy country or territory occupied
by enemy troops;
3. That the correspondence is either
a) Prohibited by the Government, or
b) Carried on ciphers or conventional
signs, or
c) Containing notice or information
which might be useful to the enemy
Correspondence
Communication by means of letters; or it may
refer to the letters which pass between those
who have friendly or business relations.
Even if correspondence contains innocent
matters, if the correspondence has been
prohibited by the Government, it is punishable.
For paragraphs 2 and 3 of Art. 120, prohibition
by the Government is not essential.
Qualifying circumstances
The ff. Must concur together:
a. That the notice or information might be
useful to the enemy.
b. That the offender intended to aid the enemy.
If the offender intended to aid the enemy by
giving such notice of information, the crime
amounts to treason; hence, the penalty is the
same as that for treason. (Reyes)
Article 121. Flight to enemy country.
Elements
1. There is a war in which the Philippines
is involved;
2. Offender must be owing allegiance to
the government;
3. Offender attempts to flee or go to
enemy country;
4. Going to the enemy country
prohibited by competent authority
Article 121 must be implemented by the
Government. If fleeing or going to an
enemy country is not prohibited by
competent authority, the crime defined in
Art. 121 can not be committed. (Reyes)
Section Three. - Piracy and mutiny on
the high seas or in Philippine waters
1. That a vessel is on the high seas or in
Philippine waters;
2. That the offenders are not members of its
complement or passengers of the vessel;
3. That the offenders -
a) Attack or seize that vessel, or
b) Seize the whole or part of the cargo
of said vessel, its equipment or
personal belongings of its
complement or passengers.
is
Piracy
It is robbery or forcible depredation on the
high seas, without lawful authority and done
with anime furiandi and in the spirit and
intention of universal hostility. (People v.
Lol-lo, et al., 43 Phil. 19)
Mutiny
Is the unlawful resistance to a superior officer,
or the raising of commotions and disturbances
on board a ship against the authority of its
commander. (Bouvier’s Law dictionary, Vol. 2,
p. 2283)

Article 122 PIRACY MUTINY

The persons who Members of the
Piracy in general and mutiny on the attack a vessel or crew or passengers
high seas seize its cargo are
strangers to said
Two ways or modes of committing vessels.
piracy: Intent to gain is The offenders may
essential only intend ti ignore
1. By attacking or seizing the vessel on th the ship’s officers or
high seas or in the Philippines waters; they may be
prompted by a
desiren to commit
plunder.
2. By seizing in the vessel while on the
high seas or in Philippine waters the whole
or part of its cargo, its equipment or Article 123
personal belongings of its complement or
passengers. Qualified piracy

Elements: 1. Whenever they have seized a vessel by

boarding or firing upon the same;

68
2. Whenever the pirates have abandoned 8. Prohibition, interruption, and dissolution of
their victims without means of saving peaful meetings.
themselves; or
9. Interruption of Religious worhsip
3. Whenever the crime is accompanied by 10. Offending relgious feelings.
murder, homicide, physical injuries or
rape.

They are called crimes against the fundamental

laws of the State because they violate certain
Qualified piracy is a special complex provisions of the Bill of Rights (Article III) of
crime punishable by reclusion perpetua to the 1987 Consitution.
death, regardless of the number of victims.

Piracy is a crime not against any particular

state but against all mankind. It may be
punished in the competent tribunal of any Chapter One
country where the offender may be found
or into which he may be carried. (People v.
Lol-lo and Saraw, 43 Phil. 19)
ARBITRARY DETENTION OR
EXPULSION, VIOLATION OF
DWELLING, PROHIBITION,
Title Two INTERRUPTION, AND DISSOLUTION
OF PEACEFUL MEETINGS AND
CRIMES AGAINST THE CRIMES AGAINST RELIGIOUS
WORSHIP
FUNDAMENTAL LAWS
OF THE STATE
1. Arbitrary Detention. (art. 124) Section One. - Arbitrary detention and
expulsion
2. Delay in the delivery of detained
persons to the proper judiacial authorities Classes of Arbitrary detention:
3. Delaying release
1. Arbitrary detendtion by detaining a person
4. Expulsion without legal ground (Art.124)
5. Violation of Domicile
2. Delay in the delivery of detained persons to
6. Search warrants maliciously obtained the proper judicial authorities. (Art. 125)
and abuse in the service of those legally
obtained
3. Delaying release. (Art. 126)
7. Searching domiciled without witnesses

69
The penalties for the three classes of
arbitray detention are the same, as
provided in Art. 124.
Article 124
Arbitrary detention
Elements:
1. That the offender is a public officer or
employee.
2. That he detains a person.
3. That the detention is without legal
grounds. (Astorga v. People, G.R. No.
154130)
Detention
the actual confinement of a person in an
enclosure, or in any manner detaining and
depriving him of his liberty. (People v.
Flores,G.R. No. 116488)
Even if the persons detained could move
freely in and out of their prison cell and
could take their meals outside the prison,
nevertheless, if they were under the
surveillance of the grounds and they could
not escape for fear of being apprehended
again, there would still be arbitrary
detention. (People v. Camerino, supra)
Legal grounds for the detention of any
person
1. The commission of a crime;
2. Violent insanity or any other ailment
requiring the compulsory confinement of
the patient in a hospital. (Art. 124, par. 2)
70
The detention of a person is without legal
ground:
1. When he has not committed any crime, or at
least, there is no reasonable ground for
suspicion that he has committed a crime;
2. When he is not suffering from violent
insanity of any other ailment requiring
compulsory confinement in a hospital.
Arrest without warrant is the usual cause of
arbitrary detention.
A peace officer must have a warrant of arrest
properly issued by the court in order to justify
an arrest. If there is no such warrant of arrest,
the arrest of a person by a public officer may
constitute artbitrary detention. (Reyes)
Rule 113, Section 5 which states that: Section
5. Arrest without warrant; when lawful. - A
peace officer or a private person may, without
a warrant, arrest a person:
(a) When, in his presence, the person to be
arrested has committed, is actually committing,
or is attempting to commit an offense;
(b) When an offense has just been committed,
and he has probable cause to believe based on
personal knowledge of facts or circumstances
that the person to be arrested has committed it;
and
(c) When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is serving
final judgment or is temporarily confined
while his case is pending, or has escaped while
being transferred from one confinement to
another.
A warrantless arrest under the circumstances
contemplated under Section 5(a) above has
been denominated as one "in flagrante
delicto," while that under Section 5(b) has
been described as a "hot pursuit"
arrest.(Pestilos et al., v. Generos and
People, G.R. No. 182601 November 10,
2014)
The crime of arbitrary detention can be
committed through imprudence. (Reyes)
ground and shall fail to deliver such person to
the proper judicial authorities within the
periods prescribed by law. The continued
detention of the accused becomes illegal upon
the expiration of the periods provided for by
Art. 125 without such detainee having been
delivered to the corresponding judicial
authorities. (Agbay v, THE HONORABLE
DEPUTY OMBUDSMAN FOR THE
MILITARY et al., G.R. No. 134503)

Article 125.
Delay in the delivery of detained
persons to the proper judicial
authorities
Elements:
1. That the offender is a public officer or
employee.
2. That he has detained a person for some
legal ground.
3. That he fails to deliver such person to
the proper authorities within:
a) Twelve hours, for crimes or
offenses punishable by light
penalties, or their equivalent; or
b) Eighteen hours, for crimes or
offenses punishable
correctional penalties, or their
equivalent; or
c) Thirty-six hours, for crimes or
offenses punishable by afflictive
or capital penalties, or their
equivalent.
Art. 125 of the Revised Penal Code is
intended to prevent any abuse resulting
from confining a person without informing
him of his offense and without permitting
him to go on bail28. More specifically, it
punishes public officials or employees
who shall detain any person for some legal
Judicial Authority
"judicial authority" as contemplated by Art.
125 mean "the courts of justices or judges of
said courts vested with judicial power to order
the temporary detention or confinement of a
person charged with having committed a
public offense, that is, the Supreme Court and
other such inferior courts as may be
established by law. (Sec. 1, Art. VIII of the
1987 Constitution) (Agbay v, THE
HONORABLE DEPUTY OMBUDSMAN FOR
THE MILITARY et al., G.R. No. 134503)
Where a judge is not available, the arresting
officer is duty-bound to release a detained
person, if the maximum hours for detention
provided under Art. 125 of the R.P. C has
already expired. Failure to cause the release
by may result in an offense under Art. 125.
(Albior v. Auguis, A.M. No. P-01-1472, June
26, 2003)
Art. 124 Art. 125
The detention is The detention is
illegal from the legal in the
beginning. beginning but the
illegality of the
detention starts from
the expiration of any
of the periods of
time specified in
Art. 125, without the
detained prisoner
detained having

71
 been delivered to the
proper judicial
authority.
Article 126.
Delaying release.
Three acts punishable under Art. 126
1. By delaying the performance of a
judicial or executive order for the release
of a prisoner.
2. By unduly delaying the service of the
notice of such order to said prisoner.
3. By unduly delaying the proceedings
upon any petition for the liberation of such
person..
Elements:
a. Thath the offender is a public
officer or employee
b. That there is a judicial or executive
order for the release of a prisoner or
detention prisoner, or that there is a
proceeding upon a petition for the
liberation of such person.
c. That the offender without good
reason delays: (1) the service of the notice
of such order to the prisoner; or (2) the
performance of such judicial or executive
orer for the release of the prisoner; or (3)
the proceedings upon a petition for the
release of such person.
Wardens and jailers are the public officers
most likely to violate Art. 126. (Reyes)
72
Article 127.
Expulsion
Two acts punishable:
1. By expelling a person from the Philippines.
2. By compelling a person to change his
residence.
Elements:
a. That the offender is a public officer or
employee.
b. That he expels any person from the
Philippines, or compels a person to change his
residence.
c. Thath the offender is not authorized to do so
by law.
Section Two. - Violation of domicile
1. Violation of domicile by enetering a
dwelling against the will of the owner thereof
or making search without previous consent of
the owner. (Art. 128)
2. Search warrants maliciously obtained and
abuse in the service of those legally obtained.
(Art. 129)
3. Searching domicile without witnesses. (Art.
130)
Article 128.
Violation of domicile
Acts punishable under Art. 128
1. Entering any dwelling against the will of the
owner thereof;
2. Searching papers or other effects found
therein without the previous consent of
such owner; or 3. Refusing to leave the
premises, after having surreptitiously
entered said dwelling and after having
been required to leave the same
Elements common to three acts:
1. Offender is a public officer or
employee;
2. He is not authorized by judicial order to
enter the dwelling or to make a search
therein for papers or other effects.
Qualifying Circumstances
1. committed at nighttime,or
2. If any papers or effects not constituting
evidence of a crime are not returned
immediately after the search made by the
offender.
Article 129
Search warrants maliciously obtained
and abuse in the service of those legally
obtained
Acts punishable
1. Procuring a search warrant without just
cause;
Elements
a. Offender is a public officer or
employee;
b. He procures a search warrant;
c. There is no just cause.
2. Exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured.
Elements
73
a. Offender is a public officer or employee;
b. He has legally procured a search warrant;
c. He exceeds his authority or uses
unnecessary severity in executing the same.
Search warrant is an order in writing issued
in the name of the People of the Philippines,
signed by a judge and directed to a peace
officer, commanding him to search for
personal property described threin and bring it
before the court. (SEc. 1, Rule 126, Revised
Rules of Criminal Procedure)
Personal property to be seized
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds of
fruits of the offense;or
(c) Used or intended to be used as the means
committing an offense. (Sec. 3, Rule 126,
Crim. Pro.)
A search warrant shall be valid for ten days
from its date. Thereafter, it shall be void.
(Sec. 10, Rule 126, Id.)
A search warrant is said to have been procured
without just cause when it appears on the face
of the affidavits filed in support of the
appliocation therefor, or through other
evidence, that the applicant had every reason
to believe that the search warrant sought for
was unjustified. (Reyes)
Test of lack of just cause
Whether the affidavit filed in support of the
application for search warrant has been drawn
in such a manner that perjury could be charged
thereon and affiant be held liable for damages
caused.
In addition to the liability attaching to the
offender for the commission of any other
offense.
The public officers procuring a search
warrant without just casuse may also be
held liable for perjury if they made a
willful and deliberate assertion of
falsehood in the affidavits filed in support
of the application for search warrant.
(Reyes)
Art. 132
Interruption of religious worship
Elements:
1. That the offender is a public officer or
employee;
2. That religious ceremonies or
manifestations of any religion are about to
take place or are going on.
Are those religious acts performwed outside of
a church, such as processions and special
prayers for buryin dead persons. (Albert)
ART. 133
. OFFENDING THE RELIGIOUS
FEELINGS
 ELEMENTS:
1. That the acts complained of were
performed (a) in a devoted to
religious worship, or (2) during
the celebration of any religious
ceremony
2. That the acts must be notoriously
offensive to the feeling of the
faithful.

3. That the offender prevents or disturbs

the same. The acts must be directed against the religious
practice or dogma or ritual for the purpose of
Qualifying circumstances
ridicule, as mocking or scoffing at or
If the crime is committed with violence or attempting to damage an object of religious
threats. veneration. (People v. Baes, 68 Phil. 203)

Any form of religious worship,ceremony Offense to feelings is judged from

or manifestation is covered by this article complainant’s point of view.
as long as the same is customarily
observed by the traditional or accepted
practices of that religion or authorized by
its authorities. (Regalado)
There must actually be a religious TITLE THREE
ceremony being conducted on that
occasion, either by itself or in conjunction
with some other activity of the religious CRIMES AGAINST PUBLIC
denomination. If the offense was
ORDER
committed only in a meeting or a rally of a
sect, it would be punishable under Art.
131. (People v. Reyes, G.R. No. 13633-R, 1. Rebellion or insurrection (Art. 134)
cited in Regalado) 2. Coup d’etat (Art. 134-A)

Religious ceremony

74
3. Conspiracy and proposal to 19. Unlawful use of means of
commit coup d’etat, rebellion or publication and unlawful utterances.
insurrection (Art. 136) (Art. 154)
4. Disloyalty of public officers or 20. Alarms and scandals (Art. 155)
employees (Art. 137) 21. Delivering prisoners from jails.
5. Inciting to rebellion (Art. 138) (Art. 156_
6. Sedition (Art. 139) 22. Evasion of service of sentence
7. Conspiracy to commit sedition (Art. 157)
(Art. 141) 23. Evasion on occasion of disorders
8. Inciting to sedition (Art. 142) (Art. 158)
9. Acts tending to prevent the 24. Violation of conditional
meetin of Congress and similar pardon(Art. 159)
bodies (Art. 143) 25. Commission of anotther crime
10. Disturbance of proceedings of during service of penalty imposed for
Congress or similar bodies (Art. another previous offense (Art.160)
144)
11. Violation of parliamentary
immunity (Art. 145) Chapter One
12. Illegal Assemblies (Art. 146)
ART. 134
13. Illegal Associations (Art. 147)
14. Direct assaults (Art. 148) REBELLION OR INSURRECTION
15. Indirect assaults (Art. 149)
16. Disbobedience to summons  ELEMENTS
issued by congress, its 1. That there be :
(a) public uprising, and
committees, etc., by the
constitutional commissions, its (b) taking arms against the
committees, etc. (Art 150) government

17. Resistance and disobedience to 2. That the purpose of the uprising or

a person in authority or the agents movement is either
a. To remove from the allegiance
of such person. (Art. 151)
to said government or its laws:
18. Tumults and other
disturbances of public order. (Art. 1. The territory of the Philippines or
any part thereof; or
153)

75
 2. Anybody of land, naval or 134 is rebellion
armed force; or Always involves May be committed
taking up arms by mere adherence
b.To deprive the Chief against the to the enemy giving
Executive or Congress, Government him aid or comfort.
wholly or partially, of any
of their powers or Crimes against Crimes against
prerogatives. public order national security

Can be committed Can be committed

REBELLION in wartime or only in wartime
The object or movement is completely peacetime
to overthrow and supersede the (Regalado)
existing government.

INSURRECTION
Reference to a movement which seeks
merely to effect some change of minor There is no crime of misprision of
importance, or to prevent the exercise rebellion. Thus, mere silence regarding the
of governmental authority with respect presence of rebels despite the knowledge
to particular matters or subjects. thereof by the accused is not punishable.
(See U.S. v. Ravidas, 4 Phil. 271)
It is not necessary that the purpose of
rebellion be accomplished.
ART. 134-A
The crime of rebellion is complete COUP D’ETAT
from the very moment a group of
rebels rise publicly and take atms
against the Government, for the ELEMENTS:
purpose of overthrowing the same by 1. That the offender is a person or
force. It is not necessary, to persons belonging to the military
consummate rebellion, that the rebels or police holding any public office
succeed in overthrowing the or employment
Government. Rising pubicly and
taking arms against the Government is 2. That it is committed by means of
the normative element of the offense, swift attack accompanied by
while the intenr or purpose to violence, intimidation, threat,
overthrow the Government is the strategy or stealths (VITSS)
subjective element. (Guevarra)
3. That the attack is directed against
REBELLION TREASON the duly constituted of the republic
of the Philippines, or any military
The levying of war The levying war camp or installation,
against the against the communication networks , public
Government during Government would utilities or other facilities needed
peace time for any constitute treason for the exercise and continued
of the purposes when performed to possession of power.
mentioned in Art. aid the enemy.

76
 4. That the purpose of the attack (d) abets, or
is to seize or diminish state (e) aids in undertaking a coup d ‘etat
power
Who shall be deemed the leader of
The crime of coup d’etat may be rebellion, insurrection or coup d’etat in case
committed with or without civillian he is unknown?
participation.
When the rebellion, insurrection, or coup d'etat
shall be under the command of unknown
ART. 135 leaders, any person who in fact directed the
others, spoke for them, signed receipts and
PERSON LIABLE FOR REBELLION, other documents issued in their name, as
INSURRECTTION AND ‘OR COU
performed similar acts, on behalf or the rebels
D’ETAT shall be deemed a leader of such a rebellion,
A. THE LEADERS insurrection, or coup d'etat. (As amended by
1. Any person who R.A. 6968, approved on October 24, 1990).
(a) promotes,
(b) maintains, or
(c) heads a rebellion or Rebellion cannot be complexed with, but
insurrection; or absorbs, acts committed in the furtherance of
the rebellious movement. (People v.
2. Any person who Hernandez)
(a) leads,
(b) directly, or Offenses which were not committed in the
(c) commands others to undertakes furtherance of the rebellion, but for personal
a coup d’etat reasons or other motives, are to be punished
separately even if committed simultaneously
B. THE PARTICIPANTS with the rebellious acts. (People v .Geronimo,
1. Any person who: 90 Phil. 95)
(a) participates, or
(b) executes the commands of Political Offense Doctrine
others in rebellion or, “common crimes, perpetrated in furtherance of
insurrection. a political offense, are divested of their
character as ‘common’ offenses and assume
2. Any person in the government the political complexion of the main crime of
service who : which they are mere ingredients, and,
consequently, cannot be punished separately
a) participates, or from the principal offense, or complexed with
b) executes directions or commands the same, to justify the imposition of a greater
of others in undertaking coup d’ etat penalty.”
Any ordinary act assumes a different nature by
3. Any person not in the being absorbed in the crime of rebellion. Thus,
government who: when a killing is committed in furtherance of
(a) participates, rebellion, the killing is not homicide or muder.
(b) supports Rather, the killing assumes the political
(c) finances, complexion of rebellion as its mere ingredient
and must be prosecuted and punsihed as

77
rebellion alone. (Saturnino Ocampo v.
Hon. Ephrem S. Abando, et al., G.R. No.
176830 cited in Reyes)
Political crimes and Common crimes
Political crimes are those directly aimed
against the political order, as well as such
common crimes as may be committed to
achieve a political purpose. The decisive
factor is the intent or motive. If a crime
DISLOYALTY OF PUBLIC OFFICERS
usually regarded as common, like
homicide, is perpetrated for the purpose of
removing from the allegiance to the
Government the territory of the Philippine
Islands or any part thereof, then said
offense becomes stripped of its “common”
complexion, inasmuch as, being part and
parcel of the crime of rebellion, the former
acquired the political character of the
latter. (People v. Hernandez as cited in
Reyes)
ART 136
CONSPIRACY AND PROPOSAL TO
COMMIT COUP D’ ETAT
TWO CRIMES DEFINED AND
PENALIZED
1. COMSPIRACY TO
COMMIT REBELLION
When two or more persons come
to an agreement to rise publicly
and take arms against the
government for any of the
purposes of rebellion and decide
to commit it.
2. PROPOSAL TO COMMIT
REBELLION
78
When the person who has decided to
rise publicly and take against the
government for any of the purpose of
rebellion and take arms against the
government for any the purposes of
rebellion propose its execution to
some other person or persons
ART. 137
OF EMPLOYEES
ACTS PUNISHABLE:
1. By failing to resist rebellion by all
means in their power or;
2. By continuing to discharge the
duties of their offices under the
control of the rebels; or
3. By accepting appointment to
office under them
The crime of disloyalty of public
officers presupposes the existence of
rebellion by other persons. (Reyes)
ART 138
INCITING TO REBELLION OR
INSURRECTION
ELEMENTS:
1. That the offender doesn’t not take
arms or is not in open hostility
against the government;
2. That he incites others to the
execution of any of the acts
rebellion
3. That the inciting is done by means
of speeches, proclamations,
writings, emblems, banners or
 other representations tending 3. That the offenders employ any
to the same end those means to attain any of the
following objects
Inciting to Proposal to a. To prevent the promulgation or
rebellion commit Rebellion execution of any law or the
holding of any popular
The offenser induces another to commit election
rebellion. b.To prevent the national
government or any provincial
It is not required The person who government, or any public
that the offenser has proposes has officer thereof from freely
decided to commit decided to commit exercising its or his functions
rebellion. rebellion. or prevent the execution of
administrative order.
The act of inciting Proposes the c. To inflict any act of hate or
is done pubicly. execution of the revenge upon the person or
crime through property of any public officer
secret means. or employee
d.To commit, for any political
Rebellion should not be committed.
social end, any person,
Reyes municipality or province or
the national government of all
its property or part thereof.

ART 139 Public uprising and an object of sedition must

SEDITION concur.

What is essential in sedition is the presence of

a public uprising. If there is no such uprising,
Sedition
but violence was used for any of the purposes
Raising of commotions or
of rebellion or sedition, the crime may be
disturbances in the state.
direct assault (Art. 148) or any ordinary crime.
(Regalado)
The ultimate object of sedition is a
violation of the public peace or at least
Unlike treason and rebellion, sedition does not
such a course of measures as evidently
absorb murder committed by reason or in the
engenders it. (People v. Perez, 45 Phil.
furtherance of the seditious activities. (People
599)
v. Cabrera, 43 Phil. 64)

 ELEMENTS:
1. The offenders rise (1) publicly
and (2) tumultuously ART. 140
2. That they employ force,
intimidation, or other means PENALTY FOR SEDITION-
outside of legal methods PERSONS LIABLE FOR SEDITION
1. Leader

79
 2. Other persons 1. That the offender does not take
direct part in the crime of sedition
ART. 141 2. That he incites other to the
CONSPIRACY TO COMMIT accomplishment of any of the acts
SEDITION which constitute sedition

There must be an agreement and 3. That the inciting is done by means

decision to rise publicly and of speeches, proclamations,
tumultuously to attain any objects of writings, emblems, cartoons,
sedition banners or other represent actions
tending to the same end
Art. 141 punishes only conspiracy to
commit sedition. Hence, proposal to UTTERING SEDITOUS TO DISTURB
commit sedition is not punishable. OR SPEECHED LIBELS
(reyes)
PUNISHABLE WHEN:

ART. 143 1. They tend to disturb or object any

lawful officer in executing the
INCITING TO SEDITION functions of his office.
2. They tend to instigate other to
ACTS of Inciting to Sedition
cabal and meet together for
1. Inciting others to
unlawful purposes
accomplishment of any of the
acts which constitute sedition
3. They suggest or incite rebellious
by means of speeches,
conspiracies or riots
proclamations, writings,
emblems, etc.
4. They lead or tend to stir up the
people against the lawful
2. Uttering seditious words or
authorities or its disturb the peace
speeches which tend to disturb
of the community, the safety and
the peace.
order of the government
3. Writing publishing, or
Knowingly concealing such evil practices
circulating scurrilous libels
is ordinarily an act of the accessory after the
against the government or any
fact, but under this provision, the act is treated
the duty constituted authorities
and punished as that of principal
thereof, which tend to disturb
the public peace.
It is not necessary, in order to be seditious, that
the words used should in fact result in a rising
of the people against the constituted
INCITING TO SEDITION TO
authorities, The law is not aimed merely at
ACCOMPLISH ANY OF ITS
actual disturbance, as its purpose is also to
OBJECTS
punish utterances which may edanger public
order. (People v. Nabong, 57 Phil. 455)
ELEMENTS

80
Two rules relative to seditious words
(a) Clear and Present Danger rule
The words must be of such nature that by
uttering them there is danger of a public
uprising and that such danger should be
both clear and imminent.
It is required that there must be reasonable
ground to believe that the danger
apprehended is imminent and that the evil
to be prevented is a serious one. There
must be probability of serious injury to the
State.
The danger must not only be probable but
very likely inevitable. (Reyes)
(b) Dangerous Tendency Rule
If the words tend to create a danger of
public uprising, then those words could
properly be the subject of penal clause.
(People v. Perez)
Chapter TWO
Crimes agains popular representation
1. ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND
SIMILAR BODIES
2. DISTURBANCE OF PROCEEDINGS
3. VIOLATION OF PARLIAMENTARY
IMMUNITY
These provisions are intended to protect
the proceedings of Congress of the
cosntitutional commissions and their
subordinate committees, as well as the
local legislative bodies such as the
provincial boards, city or municipal
councils, or their present counterpart. The
punishable acts enumerated therein are
81
applicable to any person as, in fact, a mayor
and a chief of police have been convicted
thereunder. (PEople v. Alipit, 44 Phil. 910 as
cited in REgalado)
As distiguished with rebellion or sedition
There is no public uprising involved in the
crimes punished by these articles. (Regalado)
ART 143
ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND
SIMILAR BODIES
 ELEMENTS:
1. The there be a projected or actual
meeting of the national assembly
or any of its committees or
subcommittees, constitutional
committees or divisions thereof, or
of any provincial board or city or
municipal council or board;
2. That the offender of who be any
person prevents such meeting by
force or fraud.
ART 144
DISTURBANCE OF PROCEEDINGS
 ELEMENTS:
1. The there be a meeting of the
national assembly or any of its
committees or subcommittees,
constitutional commissions or
committees or divisions thereof, or
of any provincial board any of the
following acts:
2. That the offender does any of the
following acts:
a. He disturbs any such meetings
 b. He behaves while in the
presence of any such
bodies in such a manner
as to interrupt its
proceedings or to impair
the respect due it.
SEC 2. VIOLATION OF
PARLIAMENTARY IMMUNITY
ART. 145
VIOLATION OF PARLIAMENTARY
IMMUNITY
ACTS PUNISHABLE
1. By using force, intimidation,
threats, or frauds to prevent any
member of the national assembly
from:
(1) attending the meeting of the
assembly or any of its committees
or subcommittees, constitutional
commissions or committees or
divisions thereof, or from
(2) expressing his opinions or
(3) casting his vote.
ELEMENTS:
I. That the offender use force,
intimidation, threats or fraud;
II. That the purpose of the offender is to
prevent any member of the
national assembly from
a. Attending the meetings of
the assembly or any of its
committees or
constitutional
commissions, etc, or
82
b.Expressing his opinions ; or
c. Casting his vote
2. By arresting or searching any member
thereof while the National Assembly
is in regular or special session, except
in case such member has committed a
crime punishable under the code by a
penalty higher than prision mayor
ELEMENTS:
1. That the offender is public officer
or employee
2. That he arrests or searches any
member of the National Assembly
3. That the Assembly at the time of
arrest or search, is in regular or
special session
4. That the member arrested or
searched has not committed a
crime punishable under the code
by a penalty higher than prision
mayor
Under the 1987 Constitution, a Senator or
Representative shall, in all offenses punishable
by not more than 6 years imprisonment, be
privileged from arrest while Congress is in
session. (Sec. 11, Art/ VI)
Chapter Three
ART 146
ILLEGAL ASSEMBLIES
What are illegal assemblies?
1. Any meeting attended by aimed
persons for the purpose of committing
any of the crimes punishable under the
code.
ELEMENTS
1. That there is a meeting, a
gathering or group of persons,
whether in a fixed place or
moving;
2. That the meeting is attended
by armed persons.
3. That the purpose of the
meeting is to commit any of
the crimes punishable under
the code.
2.Any meeting in which the
audience, whether armed or not, is
incited to commission of the crime of
treason, rebellion or insurrection,
sedition, or assault upon person in
authority or his agents.
ELEMENTS
1. That there is a meeting, a
gathering or group of persons,
whether in affixed place or
moving.
2. That the audience, whether
armed or not, is incited to
commission of the crime of:
A. treason,
B. rebellion, or insurrection
C. sedition or
D. direct assault.
PERSONS LIABLE FOR
ILLEGAL ASSEMBLY
83
1. The organizers or leaders of the
meeting
2. Persons merely present at the
meeting
As illegal assembly is a felony, the persons
merely present at the meeting must have a
commont intent to commit the felony of illegal
assembly. The absence of such intent may
exempt the person present from criminal
liability. (Reyes)
Meeting
A gathering or group, whether in a fixed place
or moving.
ART. 147
ILLEGAL ASSOCIATIONS
1. Association totally or partially
organized for the purpose of
committing any of the crimes
punishable under the code.
2. Association totally or partially
organized for some purpose contrary
to public morals.
PERSONS LIBALE FOR ILLEGAL
ASSOCIATION
1. Founders, directors and president of
the association
2. Mere members of the association.
Illegal association Illegal Assembly
It is not necessary it is necessary that
that there be an there is an actual
actual meeting. meeting or
assembly of armed
persosns for the
purpose of
committing any of
 the crimes 1. That the offender employs force or
punishable under intimidation
the code, or of
individuals who, 2. That the aim of the offender is to
although not armed attain any of the purpose of the crime
, are incited to the of rebellion or any of the objects in the
commission of crime of sedition.
treason, rebellion,
sedition or assault 3. That there is no public uprising
upon a person in
authority or his
agent 2. Without public uprising, by attacking, by
employing force, or by serious intimidating
It is the act of It is the meeting or seriously resisting any person authority or
forming or and attendance at any his agents while engaged in the
organizing and such meeting that performance of official duties, or on the
membership in the are punished occasion of such performance.
association that are
punished a) That the offender
PERSONS LIABLE
1. Founders, 1. organizers or (1) makes an attack
directors and leaders of the
presidents; meeting;and (2) employ force,
2. members 2. The person
present at the (3) makes a serious intimidating
meeting. or

(4) makes a serious resistance.

b) That the person assaulted is a

person in authority or his agent
Chapter Four
ART. 148 c) That at the time of the assault the
person in authority or his agent :
DIRECT ASSAULTS
(1) is engaged in the actual
performance of official duties, or that
TWO WAYS COMMITTING THE he is assaulted
CRIME OF DIRECT ASSAULT
(2) by reason of the past performance
1. Without public uprising, by of official duties.
employing force, intimidation for the
attainment of any of the purposes d) That the offender knows that he is
enumerated in defining the crimes of assaulting is a person authority or his
rebellions and sedition agent in the exercise of his duties.

ELEMENTS: e) That there is no public uprising.

84

What degree of force is necessary in
direct assaults?
If the offended party is only an agent of a
person in authority, the force employed
must be of a serious character as to
indicate determination to defy the law and
its representative at all hazards. (Reyes)
The resistance may be active or passive.
The resistance must be grave , it must be
active resistance.
The intimidation must be serious.
Additional penalty for attacking
ambassador or minister
Any person who assaults, strikes,
wounds, imprisons or in any other manner
offers violence to the person of an
ambassador or a public minister, in
violation of the law of nations, shall be
imprisoned not more than three years, and
fined not exceeding two hundred pesos, in
the discretion of the court, in addition to
the penalties that may be imposed under
the Revised Penal Code. (Sec. 6, RA 75)
PERSON IN AUTHORITY
Any person directly vested with
jurisdiction, whether as an individual or as
a member of some court or governmental
corporation, board, or commission, shall
be deemed a person in authority.
AGENT OF A PERSON IN
AUTHORITY
one who, by direct provision of law or by
election or by appointment by competent
authority, is charged with the maintenance
of public order and the protection and
security of life and property and nay
85
person who comes to the aid of persons in
authority.
The following are agents of persons in
authority:
1. Policeman
2. Municipal treasurer
3. Postmaster
4. Sheriff
5. Agents of the BIR
6. Barangay Chief Tanod
In all forms of assault, resistance or
disobedience, it is required that:
(a) The accused knew the identity of
the victim; and
(b) The victim was then acting in the
due and lawful performance of his
duties, or the reason for the attack
against him was his performance of
such official duties. (People v.. Rellin,
77 Phil. 108 as cited in Regalado)
If the public officer was acting with abuse of
his official functions, he is deemed to be
acting in a private capacity and if he is
attacked, there would be no crime of direct
assault. (Regalado)
DIRECT ASSUALT IS QUALIFIED
1. When the assault is committed with
a weapon
2. When the offender is a public officer
or employee
3. when the offender lays hands upon a
person in authority.
Weapon includes not only firearms and sharp or
cutting instruments but also stones, clubs, and
any other object with which some physical
injury may be inflicted. (1 Viada 203)
The crime of slight physical injuries is absorbed
in direct assault.

Where in the commission of direct assault,
serious or less serious physical injuries are
also inflicted, the offender is guilty of the
complex crime of direct assault with
seerious or less serious physical injuries.
(Art. 48)
ART. 149
INDIRECT ASSAULTS
ELEMENTS
1. That a person in authority or his
agent is the victim of any of forms
of direct assault defined in Art 148
2. That a person comes to the aid
of such authority or his agent
3. That the offender make use of
force or intimidation upon such
person coming to the aid of the
authority or his agent.
Indirect assault can be committed only
when a direct assault is also committed.
The offended party may be a private
person.
ART. 150
DISOBEDIENCE TO SUMMONS
ISSUED BY THE NATIONAL
ASSEMBLY ITS COMMITTEES OR
SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMITTEES,
SUBCOMMITTEES OR DIVISIONS.
ACTS PUNISHED AS
DISOBEDIENCE TO THE
NATIONAL ASSEMBLY OR ITS
86
COMMITTEE OR CONSITUTIONAL
COMMISSION
1. By refusing, without legal excuse,
to obey summons authorized to
summon witnesses.
2. By refusing to be sworn or placed
under affirmation while being before
such legislative or constitutional body
or official.
3. By refusing to answer any legal
inquiry or to reproduce any bodies,
papers, documents , or records in his
possession, when required by them to
do so in the exercise of their functions.
4. By restraining another from
attending as a witness in such
legislative or constitutional body.
5. By inducing disobedience to a
summons or refusal to be sworn by
any such body or official.
The power of inquiry- with process to enforce
it - is an essential and appropriate auxillary to
the legislative functions. (Reyes)
This article is limited only to Congress and the
Constitutional Commissions.
The liability of the offender for a violation of
this article is without prejudice to the power of
contempt of the foregoing legislative bodies.
(Arnault v. Nazareno)
ART. 151
RESISTANCE AND DISOBEDIENCE TO
A PERSON IN AUTHORITY OR THE
AGENTS OF SUCH PERSON
ELEMENTS OF RESISTANCE AND
SERIOUS DISOBEDIENCE
 The disobedience should not be of
1. That a person authority or his serious nature. If it is of serious
agent is engaged in the nature, the offender should be
performance of official duty or punished under the first paragraph of
gives a lawful order to the Article 151.
offender.
Direct assault Resistance or
2. That the offender resist or serious
seriously disobey such person in disobedience
authority or his agent
3. That the offender is not The person in The person in
included in the provisions of Art. authority or his authority or his
148-150 agent must be agent must be in
engaged in the actual performance
In order that the accused will be performance of of his duties.
punishable here, the directive which was official duties or
disobeyed: that he is assaulted
by reason thereof
(a) Must be peremptory in nature The second form is Committed only by
committed in four resisting or
(b) Was directed to the accused ways. seriously
for compliance or implementation disobeying a person
without allowing any exercise of authority or his
discretion by him. (Regalado) agent.

Force: serious Use of force is not

so serious
ELEMENTS OF SIMPLE
DISOBEDIENCE

1. That an agent of a person in ART 152

authority is engaged in the
performance of official duty or PERSON IN AUTHORITY
gives a lawful order to the
offender 1. Municipal mayor

2. That the offender disobeys such 2. Division superintendent of

agent of a person in authority schools

3. That such disobedience is not of 3. Public and private school

a serious nature. teachers

4. Teacher-nurse
The order given must be lawful;
otherwise, the resistance is 5. President of sanitary division
justified. (Reyes)
6. Provincial fiscal

87
 7. Justice of the peace TUMULTS AND OTHER
DISTURBANCES OF PUBLIC
8. Municipal councilor ORDER-TUMLTOUS DISTURBANCE

9. Barrio Captain/ Brgy.

Chairman 1. Causing any serious disturbance in
a public office or establishment.
10. Postmaster General
2. Interrupting or disturbing
A person in authority is one performances, functions or gatherings
“directly vested with jurisdiction”. or peaceful meetings, if the act is not
By “directly vested with included in Arts 131-132.
jurisdiction”is meant the power and
authority to govern and execute laws. 3. Making any outcry tending to incite
(Reyes) rebellion or sedition in any meeting
association or public place.
Agent of person in authority
4. Displaying placards or emblems
To be an agent of a person in which people a disturbance of public
authority, one must be charged with: order in such place.

(1) Maintenance of public order; and 5. Burying with pomp the body of a
person who has legally executed.
(2) The protection and security of life
and property. Such outcry was spontaneously made, as
distinguished from the real crime of inciting to
rebellion or sedition where the offender
deliberately with intent or expectation that the
Chapter Five crown would act affirmatively on such
criminal incitement. (Regalado)
Public Disorders
Outcry
1. TUMULTS AND OTHER
To shout subversive or provocative words
DISTURBANCES OF PUBLIC ORDER
tending to stir up the people to obtain by
2. UNLAWFUL USE OF MEANS means of force or violence any of the objects
PUBLICATION AND UNLAWFUL of rebellion or sedition.
UTTERANCES
The penalty next higher in degree shall be
3. ALARMS ANCD SCANDALS imposed upon persons causing any disturbance
4. DELIVERING PRISNOERS FROM or interruption of a tumutuous character.
JAIL
Tumultuous
The disturbance or interruption shall be
deemed to be tumultuous if caused by more
ART. 153

88
than three person who are armed or Actual public disorder or actual damage to
provided by means of violence. the credit of the State not necessary.

If the act of disturbing or interrupting a The offender must know that the news is
meeting or religious worship is committed false.
by a private individual, or even a public
officer but he is participant in the meeting
or religious worship which he disturbs or
interrupts, Art. 153, not Art. 131 or Art. ART. 155
132, is applicable. (Reyes) ALARMS AND SCANDALS
ACTS PUNISHED

ART. 154 1. Discovering any firearm, rockets,

firecracker, or other explosive within
UNLAWFUL USE OF MEANS
any town or public place, calculated to
PUBLICATION AND UNLAWFUL
cause (which produces) alarm or
UTTERANCES
danger.

2. Instigating or taking an active part

1. By publishing or causing to be
in any charivari or other disorderly
published , by means or printing,
meeting offensive to another or
lithography, or any other means of
prejudicial to public tranquility.
publication, as news any false news
which may endanger the public order,
3. Disturbing the public peace while
or cause damage to the interest or
wandering about at night or while
credit of the state.
engaged in any other nocturnal
amusements.
2. By encouraging disobedience to the
law or to the constituted authorities or
4. Causing any disturbance or scandal
by praising, justifying or extolling any
in public places while intoxicated or
act punished by law, by the same
otherwise, provided Art 153 is not
measure by words, utterances or
applicable.
speeches.
Under Par. 1, the discharge of firearm should
3. By maliciously publishing or
not be aimed at a person; otherwise, the
causing to be published any official
offense would fall under discharge of firearms.
resolution or document without proper
(Art. 254)
authority or before they have been
published officially.
Charivari
Includes a medley of discordant voices, a
4. By printing, publishing or
mock serenade of discordant noises made on
distributing books, pamphlets,
kettles, tins, horns, etc., designed to annoy or
periodicals, or leaflets which do not
insult.
bear the real printer’s name, or when
are classified as anonymous.

89
If the disturbance is of a serious nature, the
case will fall under Art. 153, not under
paragraph 4 of this article.
ART. 156
DELIVERING PRISNOERS FROM
JAIL
ELEMENTS:
1. The there is person confined in
a jail or penal establishment
2. That the offender removes the
reform such person, or helps the
escape of such person.
The offense under this article is usually
committed by an outside who removes
from jail any person therein confined or
helps him escape.
If the offender is a public officer who had
the prisoner in his custody or charge, he is
liable for infidelity in the custody of a
prisoner. (Art. 223)
Violence, intimidation or bribery is not
necessary. They are only considered as
aggravatin circumstances.
When can a person delivering a
prisoner from jail may be considered as
an accessory?
If the prisoner is detained for the crime of
treason, parricide, murder, or an attempt
against the PResident’s life, it has been
suggested that those who delivered him
from jail are accessories to those crimes.
(Art. 19, Par. 2)
Chapter Six
Evasion of Service of Sentence
Three Kinds
90
1. EVASION OF SERVICE OF SENTENCE
DURIONG THE TERM OF HIS SENTENCE
2. EVASION OF SERVICE OF SENTENCE
ON THE OCCASION OF DISORDER,
CONFLAGATIONS EARTHQUAKES, OR
OTHER CALAMITIES
3. OTHER CASES OF EVASION OF
SERVICE VIOALTION OF CONDITIONAL
PARDON
ART. 157
EVASION OF SERVICE OF SENTENCE
DURING THE TERM OF HIS
SENTENCE
ELEMENTS
1. That the offender is convict by final
judgment.
2. That he is serving his sentence
which consists in deprivation of
liberty
3. That he evades the service of his
sentence by escaping during the term
of his sentence.
The sentence must be “by reason of final
judgment.”
Escape
For purposes of Art. 93 and 157 of the RPC
means unlawful departure of prisoner from the
limits of his custody (Del Castillo v.
Torrecampo)
Article 157 is applicable to sentence of
destierro.
There is no evasion of sentence if the
escapee:
(a) Is only a detention prisoner;
 (b) Is a youthful offender
committed to rehabilitation center
(PD 603)
(c) A deportee who violates the
deportation order (US vs. Loo
Hoe, 36 Phil 867 as cited in
Regalado)
CIRCUMSTANCES QUALFYING
THE OFFENSE
1. By means of unlawful entry
2. By breaking doors, windows,
gates, walls, roofs or floors
3. By using picklocks, false keys,
disguise, deceit, violence or
intimidation, or
4. Through connivance with other
convicts or employees of the penal
institution.
ART 158
EVASION OF SERVICE OF
SENTENCE ON THE OCCASION OF
DISORDER, CONFLAGATIONS
EARTHQUAKES, OR OTHER
CALAMITIES
ELEMENTS:
1. That the offender is a convict
by final judgment, who is confined
in a penal institution
2. That there is disorder, resulting
from
a. conflagration,
b. earthquake,
91
c. explosion,
d. similar catastrophe, or
e. mutiny in which he has not
participated.
3. That the offender evades the service
of his sentence by leaving the penal
institution where he is confined, on the
occasion of such disorder or during
mutiny.
4. That the offender fails to give
himself to the authorities within 48 hrs
following the issuance of proclamation
by the Chief Executive announcing the
passing away of such calamity.
What is punished is not the leaving of the
penal institution, but the failure of the convict
to give himself up to the authorities within 48
hours after the proclamation announcing the
passing away of the calamity. (Reyes)
ART. 159
OTHER CASES OF EVASION OF
SERVICE VIOALTION OF
CONDITIONAL PARDON
ELEMENTS
1. That the offender was a convict
2. That he was granted a conditional
pardon by the Chief Executive
3. That he violated any of the
conditions of such pardon
The condition imposed upon the prisoner that
he should not commit another crime, extends
to offenses punished by special laws. (People
v. Coral, 74 Phil. 357)
The offender must be found guilty of
subsequent offense before he can be ELEMENTS
prosecuted under Art. 159. (Reyes)
1. That the offender was already
Violation of Evasion of service convicted by final judgment of one
conditional pardon of sentence by offense
escaping
2. That he committed a new felony
before beginning to serve such
Does not cause Is an attempt at sentence or while serving the same.
harm or injury to least to evade tge
the right of other penalty inflicted by
person nor does it the courts upon This is not applicable to special laws because
disturb the public criminals and thus the second crime must be a felony. But the
order; it is merely defeat the purpose first crime need not be a felony.
an infringement of of the law of either
the terms stipulated reforming or
in the contract punishing them for Quasi Recidivism Reiteracion
between the Chief having disturbed
Executive and the the public order. The accused were Requires that the
criminal (Alvarez v. Director yet serving their offender against
of Prisons, 80 Phil. respective sentences whom it is
43) at the time of the considered shall
commissio of the have served out his
cirme. sentences for the
prior offenses.

Being a special aggravating circumstance, it

cannot be offset by any ordinary mitigating
Chapter Seven
circumstance.

ART. 160
The quasi -recidivist is entitled to a pardon
COMMISION OF ANOTHER CRIME upon reaching the age of 70 years, except:
DURING SERVICE PENALTY
(a) He is a habitual deliquent
IMPOSED FOR ANOTHER
PREVIOUS OFFENSE (b) When he shall not be considered worthy of
executive clemency (Regalado)

QUASI RECIDIVISIM
A special aggravating circumstance where
a person, after having been convicted by
final judgment, shall commit a new felony
before beginning to serve sentence, or TITLE FOUR
while serving the same.

92

CRIMES AGAINST
PUBLIC INTEREST
1. Counterfeiting the great seal of the
Government of the Philippines, forging the
signature or stamp of the Chief Executvie
2. Using forged signature or counterfeit
seal or stamp
3. Making and importing and uttering false
coin
4. Mutilation of coins; Importation and
utterance of mutilated coins
5. Selling of false or mutilated coin,
without connivance
6. Forging treasury or bank notes on other
documents payable to bearer; importing,
and uttering such false or forged notes and
documents.
7. Counterfeiting, importing and uttering
instruments not payable to bearer.
8. Illegal possession and use of false
treasury or bank notes and other
instruments of credit.
9. Falsification of legislative documents
10. Falsification by public officer,
employee or notary or ecclesiastic minister
11. Falsification by private individual and
use of falsified documents
12. Falsification of wireless, cable,
telegraph and telephone messages, and use
of said falsified messages
13. False medical certificates, false
certificates of merits or service, etc
14. Using false certificates
15. Manufacturing and possession of
instruments or implements for falsification
16. Usurpation of authority or official
functions
93
17. Using fictitious name and concealing true
name
18. Illegal use of uniforms or insign
19. False testimony against a defendant
20. False testimony favorable to the
defendants
21. False testimony in other cases and perjury
in solemn affirmation
22. Offering false testimony in evidence
23. Machinations in public auctions
24. Monopolies and combinations in restraint
of trade
25. Importation and disposition of falsely
marked articles or merchandise made of gold,
silver, or other precious metals or their alloys
Chapter One
Forgeries
1. Counterfeiting the great seal of the
Government of the Philippines, forging the
signature or stamp of the Chief Executvie
2. Using forged signature or counterfeit seal or
stamp
3. Mutilation of coins; Importation and
utterance of mutilated coins
4. Forging treasury or bank notes on other
documents payable to bearer; importing, and
uttering such false or forged notes and
documents.
5. Counterfeiting, importing and uttering
instruments not payable to bearer.
6. Falsification of legislative documents
7. Falsification by public officer, employee or
notary or ecclesiastic minister
8. Falsification by private individual and use
of falsified documents
9. Falsification of wireless, cable,
telegraph and telephone messages, and use
of said falsified messages
10. False medical certificates, false
certificates of merits or service, etc
ART. 161
COUNTERFEITING THE GREAT
SEAL OF THE GOVERNEMNT OF
THE PHILIPPINE ISLAND,
FORGING THE SIGNATURE OR
STAMP OF THE CHIEF
EXECUTIVE.
ACTS PUNISHED
1. Forging the great seal of the
Government of the Philippines
2. Forging the signature of the
president
3. Forging the stamp of the
president
ART. 162
USING FORGED SIGNATURE OR
COUNTERFEIT SEAL OR STAMP
ELEMENTS:
1. That the great seal of the
Republic of the Philippines was
counterfeited or the signature or
stamp of the Chief Executive was
forged by another person.
2. That the offender knew of the
counterfeiting or forgery.
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3. That he used the counterfeit seal or
forged Signature or stamp.
The offender under this article should not be
the forger.
ART.163
MAKING AND IMPORTING AND
UTTERING FALSE COINS
ELEMENTS:
1. That the be false or counterfeited
coins
2. That the offender either made,
imported or uttered such coins
3. That in case of uttering such false or
counterfeited coins, he connived with
the counterfeiters or importers.
Coin
Is a piece of metal stamped with certain marks
and made current at a certain value. (Bouvier’s
law dictionary, 519)
A coin is false or counterfeited, if it is forged
or if it is not authorized by the Government as
legal tender, regardless of its intrinsic value.
(Reyes)
Counterfeiting
Means the imitation of a legal or genuine coin.
It may contain more silver than the ordinary
coin.
Import
To import fake coins means to bring them into
port.
Utter “current coins”
To utter is to pass counterfeited coins. It Coin of the Coins of foreign
includes delivery or the act of giving them currency of a country not
away. foreign country included
may be
Kind of coin the counterfeiting of which
counterfeited
is punished:
1. Silver coin of the Philippines or coin of
the Central Bank of the Philippines(BSP)
2. Coin of the minor coinage of the
PHilippines or of the BSP ART. 165
3. Coin of the currency of a foreign SELLING FALSE OR MUTILATED
country. COIN, WITHOUT CONNIVANCE

ACTS PUNISHED

ART. 164 1. Possession of coin, counterfeited or

mutilated by another person, with intent
MUTILATION OF COINS to utter the same, knowing that is false or
mutilated.

Mutilation ELEMENTS
To diminish by ingenuous means the metal 1. Possession;
in the coin
2. With intent to utter;
ACTS PUNISHED
3. Knowledge.
1. Mutilating coins of the legal
currency, with the further 2. Actually uttering such false or
requirement that there be inent to mutilated coin, knowing the same to be
utter the same, knowing that its false or mutilated
false or mutilated

2. Importing or uttering such ELEMENTS

coins, with the further the
requirement that there must be 1. Actually uttering;
connivance with the mutilator or
importer incase of uttering. 2. Knowledge

Art. 163 Art. 164 Possession of or uttering of false coin does not
require that the counterfeited coin is legal
Former coins Coins must be of tender.
withdrawn from legal tender. “coins
circulation may be of the legal
counterfeited currency” or

95
The possession prohibited in Art. 165 of
the RPC, is possession in general, that is,
not only actual, physical possession, but
also constructive possession or the
subjection of the thing to one’s control.
Possession of counterfeiter or importer not
punished as separate offense.
ART. 166
FORGING TREASURY OR BANK
NOTES OR OTHER DOCUMENTS
PAYABLE TO BEARER
IMPORTING, AND UTTERING
SUCH FALSE OR FORGED NOTES
AND DOCUMENTS
ACTS PUNISHABLE
1. Forging or falsification of
treasury or bank notes or other
documents payable to bearer.
2. Importation of such false or
forged obligations or notes.
3. Uttering of such false or forged
obligations or notes in connivance
with the forgers or importers.
Forging
Committed by giving to a treasury or bank
not or any instrument payable to bearer or
to order the appearance of a true and
genuine document; and falsification is
committed by erasing, substituting,
counterfeitin, or altering by any means, the
figures, letters, words, or signs contained
therein. (Art. 169)
To forge an instrument is to make false
instrument intended to be passed for the
genuine one. (Reyes)
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Importation of false or forged obligations or
notes means to bring them into Philippines,
which presupposes that the obligations or
notes are forged or falsified in a foreign
country.
Notes and other obligations and securities
that may be forged or falsified under Art.
166
1. Treasury or bank notes;
2. Certificates;
3. Other obligations and securities,
payable to bearer.
The instrument is payable to bearer when-
(a) It is expressed to be so payable;
(b) It is payable to a person named
therein or bearer
(c) It is payable to the order of a
fictitious or non- existing person, and
such fact was known to the person
making it so payable; or
(d) The name of the payee does not
purport to be the name of any person;
(e) When the only or last indorsement
is an indorsement in blank. (NIL, Sec.
9)
Obligation or security
(a) Bonds,
(b) Certificates of indebtedness
(c) National bank notes
(d) Coupons
(e) Treasury notes
(f) Fractonal notes
(g) Certificates of deposits
(h) Bills
(i) Checks
(j) Drafts for money
 (k) Other representatives of value
issued under Any act of Congress.
Philippine National Bank checks are
commercial documents, not covered by
Art. 166.
ART. 167
COUNTERFEITING, IMPORTING
AND UTTERING INSTRUMENTS
NOT PAYABLE TO BEARER
ELEMENTS
1. That there be an instrument
payable to order or other
document of credit not payable to
bearer.
2. That the offender either forged,
imported or uttered such
instrument.
3. That in case of uttering, he
connived with forger or importer
Reason for punishing forgery:
Forgery of currency is punished so as to
maintain the integrity of the currency and
thus insure the credit standing of the
government and prevent the imposition on
the public and the government of
worthless notes or obligations. (People v.
Galano, C.A., 54 O.G. 5897)
ART. 168
ILLEGAL POSSESSION AND USE OF
FASLE TREASURY OR BANK
NOTES AND OTHER INSTRUMENT
OF CREDIT
ELEMENTS
1. That any treasury or bank note
or certificate or other obligation
and security payable to bearer, or
97
any instrument payable to order or
other document of credit not payable
to bearer is forged or falsified by
another person.
2. That the offender knows that any of
those instruments is forged or falsified
3. That he performs any of these acts-
A. Using any such forged
instruments, or
B. Possessing with intent to
use any of such forged or
falsified instruments.
How to prove that a bank note is forged:
Evidence must be opresented that the number
which the questioned bank note bears does not
check with the genuine one issued with the
same number. (People v. Barraquia, 76 Phil.
490)
ART. 169
HOW FORGERY IS COMMITTED
1. By giving to a treasury or bank note or
any instrument payable to bearer or toi
ordre mentioned therein, the appearance of
a true and genuine document.
2. By erasing, substituting, counterfeiting,
or altering by any means the figures,
letters, words, or sign contained therein.
With the definition given in this article,
the crime of counterfeiting or forging
treasury or bank notes or other documents
payable to bearer or to order includes:
(1) Acts counterfeitin or forging said
isntruments; and
(2) Acts of falsification (Guevarra)
Fogery Falsification
 Subject Matter
Bank notes, Different types of
obligations and documents in law
securities
Modes of commision
Committed in five Committed in 8 2. That he takes advantage of his official
ways (art. 69) ways (Art. 171)
A special form of forgery is provided for
and punished by RA 9105, the Art Forgery
Act of 2001, regarding prohibited acts
committed on works of art or fine arts, in
order to protect the nations; cultural
heritage, aritstic creations and resources.
ART. 170
FALSIFICATION OF LEGISLATIVE
DOCUMENTS
ELEMENTS:
1. That there is a bill, resolution or
ordinance enacted or approved or
pending approval by either house
of legislative or any provincial
board or municipal council.
2. That the offender alters the
same
3. That he has no proper authority
that refer
4. That the alteration hass changed
the meaning of the document.
The bill, resolution or ordinance must be
genuine.
ART. 171
FALSIFICATION BY PUBLIC
OFFENDER, EMPLOYEE OR
98
NAOTRY OR ECCLESIASTICAL
MINISTER
ELEMENTS:
1. That the offender is a public officer ,
employee or notary public
position
3. That he falsifies a document by
committing any of the following acts:
a) Counterfeiting or imitating any
handwriting, signature or rubric
Requisites:
Imitation of another’s signature need not
be perferct. It is necessary only:
(1) That there be an intent to imitate or an
attempt to imitate;
(2) That the two signatures or
handwritings, the genuine and the forged, bear
some resemblance to each other. (U.S. v.
Rampas)
b) Causing it to appear that persons have
participated in any act or proceeding when
they did not so participated.
Requisites:
(1) That the offender caused it to appear
in a document that a person or persons
participated in an act or a proceeding; and
(2) That such person or person did not in
fact so participate in the act or
proceeding.
c) Attributing to persons who have
participated in an act or proceeding
statements other than those in fact made by
them.
Requisites:
(1) That a person or persons
participated in an act or a
proceeding;
 (2) That such person or
persons made statements in that
act or proceeding;
(3) That the offender, in
making a document, attributed
to such person or persons
statements other than those in
fact made by such person or
persons.
d) Making untruthful statements in a
narration of facts
Requisites:
(1) That the offender makes in
adocument statements in a
narration of facts;
(2) That he has a legal obligation
to disclose the truth of the facts
narrated by him;
(3) That the facts narrated by the
offender are absolutely false;
(4) That the perversion of truth in
the narration of facts was made
with the wrongful intent of injurin
a third person.
e) Altering true dates
- Date must be essential
f) Making nay alteration or intercalation
in a genuine document which changes
its meaning.
Requisites:
(1) That there be an alteration
(change) or intercalation
(insertion) on a document;
(2) That itwas made on a genuine
document;
99
(3) Thath the alteration or intercalation
has changed the meaning of the
document; and
(4) That the change made the
document speak something false.
g) Issuing in authenticated form a document
purporting to be a copy of an original
document contrary to, or different from,
that of the genuine original.
ACTS
a) Purporting to be a copy of an original
when no such original exists
b) Including in a copy a statement contrary
to, or different from, that of the genuine
original.
h) Intercalating any instrument or note
relative to the issuance thereof in protocol,
registry or official book
Persons Liable:
a) Public officer
b) Employee or notary public
c) Ecclesiastical minister
The offender takes advantage of his official
position in falsifying a document when:
1. He has the duty to make or prepare
or otherwise to intervene in the
preparation of the document; or
 2. He has the official custody of c) Use of falsified document
the document which he falsifies.

FALSIFICATION OF PUBLIC,
If offender was a public officer but if he OFFICIAL OR COMMERCIAL
DOCUMENT BY A PRIVATE
did not take advantage of his official
INDIVIDUAL
position, he is liable for falsification of a
document by a private person under Art. Elements
1) That the offender is a private individual
172. or a public officer or employee who did not
take advantage of his official position.
DOCUMENT
2) That he committed any of acts of
falsification enumerated in Art. 171
Any written statement by which a right is
established or an obligation extinguished;
3) That the falsification was committed in a
a writing or instrument by which a fact
public or official or commercial document.
may be proven and affirmed.
KINDS OF DOCUMENT
The document must be complete or at least
it must have the appearance of a true and
PUBLIC Document
genuine document.
A document which is issued by a
public official in the exercise of the
The document must be of apparent legal
functions of his office.
efficacy.
OFFICIAL Document
When is a genuine document required?
A document which is issued by a
1. Making alteration or intercalation; or
public official in the exercise of the
functions of his office.
2. Including in a copy different statement
PRIVATE Document
ART. 172 A deed or instrument executed by a
private person without the instrument
FALSICIATION BY PRIVATE of a notary public or other person
INDIVIDUALS USE OF FALSIFIED legally authorized, by which document
DOCUMENTS some disposition or agreement is
provided, evidenced or set forth.

ACTS PUNISHED COMMERCIAL

a) Falsification of public, official or any document defined and regulated by
commercial document by a private the code of commerce or any other
person commercial law.

b) Falsification of private document by

any person FALSIFICATION OF PRIVATE
DOCUMENT

100
 4. That the use of the false document caused
ELEMENTS damage to another or at least it was used with
intent to cause such damage.
1. That the offender committed any of
the acts of falsification, except those in
paragraph 7 enumerated in Art. 171 ART. 173
FALSIFICATION OF WIRELESS,
2. That the falsification was committed CABLE, TELGRAPGH AND
in any private document TELEPHONE MESSAGE AND USE OF
SAID FALSIFIED MESSAGES
3. That the falsification caused damage
to a third party or atleast the ACTS PUNISHABLE
falsification was committed with intent 1. Uttering fictitious wireless, telegraph or
to cause such damage. telephone message

2. Falsifying wireless, telegraph or

USE OF FALSIFIED telephone message
DOCUMENT:
3. Use of falsified message.
1. INTRODUCING IN A
JUDICIAL PROCEEDING

ELEMENTS UTTERING FICTITIOUS MESSAGE

OR FALSIFYING THE SAME
1. That the offender knew that a document
was falsified by another person ELEMENTS

2. That the false document is embraced in 1. That the offender is an officer or

Art171 or in any subdivisions No. or 2 of employee of the court or an officer or
Art. 172. employee of a private corporation,
engaged in the service of sending receiving
3. That he introduced said document in wireless, cable or telephone message
evidence in nay judicial proceeding
2. That the offender commits any of the
2. USE IN ANY OTHER following acts:
TRANSACTION
a) Uttering fictitious wireless, cable,
1. That the offender knew that a document telegraph or telephone message
was falsified by another person
b) Falsifying wireless, cable, telegraph or
2. That the false document is embraced in telephone message.
Art. 171 or in any of subdivision No. 1or 2
of Art. 172. USED OF SAID FALSIFIED MESSAGES

3. That he used such document (not in ELEMENTS

judicial proceedings) 1. That the accused knew that wireless,
cable, telegraph, or telephone message was

101
 falsified by any of the persons ELEMENTS
specified in the 1st par. Of Art. 173.
1. That a physician or surgeon had
2. That the accused used such falsified issued a false medical certificate,
dispatch or a public officer had issued a
false certificate or merit or service,
3. That the used of the falsified dispatch good conduct, or similar
resulted in the prejudice of a third circumstance or a private person
party, or that the use thereof was with had falsified any of said
intent to cause such prejudice certificates.

2. That the offender knew that the

certificate was false;
ART. 174
FALSIFICATION MEDICAL 3. That he used the same.
CRTIFIACTE, FALSE
CARTIFICATES OF MERIT OR
ART. 176
SERVICE, ETC.
MANUFACTURING AND POSSESSION
OF INSTRUMENT OR IMPKMENTS
CERTIFICATE FOR FASLIFICATION
Any writing by which testimony is
given that a fact has or has not taken
place. ACTS. PUNISHED

PERSON LIABLE FOR 1. Making or introducing into the

FALSIFICATION OF
CERTIFIACTES
1. Physicians or surgeon who,
in connection with the
practice of his profession
issued a false certificate
2. Public officer who issued a
false certificate of merit or
service, good conduct or
similar circumstances.
3. Private individual who
falsified a certificate
falling in the classes
mentioned in Nos. 1 or 2
USURPATION OF AUTHORITY OR
ART. 175
USING FASLE CERTIFICATES
Philippines any stamps , dies,
marks, or other instruments or
implements for counterfeiting or
falsification
2. Possession with intent to use the
instruments or implements for
counterfeiting or falsification
made in or introduced into the
Philippines by another person.
CHAPTER TWO
Other Falsities
ART. 177
OFFICIAL FUNCTIONS

102
 1. TWO WAYS OF 2. That he uses that fictitious name
COMMITTING THE CRIME publicly

1. By knowing and falsely 3. That the purpose of the offender is

representing oneself to be an –
officer, agent or representative
of any department or agency a. To conceal a crime
of the Philippine Government b. To evade the execution of a
or any foreign government. judgment

2. By performing any act c. To cause damage to public

pertaining to any person in interest
authority or public officer of
the Philippine Government or FICTITIOUS NAME
of a foreign Government or Any other name which a person publicly
agency thereof under pretense applies to himself without authority of law
of official position, and
without being lawfully entitled CONCEALING TRUE NAME
to do so.
ELEMENTS
There must be positive, express and
explicit representation. 1. That the offender conceals

The offender should have: a. His true name

(1) Represented himself to be an b. Allow their circumstances

officer, agent or representative of
any department or agency of the c. That the purpose is only to
government; or conceal his identity.

(2) Performed an act pertaining to 2. That the purpose is only to

a person in authority or public conceal his identity.
officer
Using fictitious Concealing true
name name
ART. 178 Element of Not necessary
publicity must be
USING FICTITIOYS NAME AND
present
CAONCEALING TRUE NAME
USING FICTITIOUS NAME
Purpose
ELEMENTS 1. Conceal Merely to conceal
1. That the offender uses a name a crime identity
other than his real name 2. Evade
the
execution

103
 of judgment FALSE TESTIMONY FALSE
3. Cause TESTIMONY AGAINST THE
damage DEFENDANT
ELEMENTS:

1. That there be a criminal

ART. 179 proceeding

ILLEGAL USE OF UNIFORMS OR 2. That the offender testifies falsely

INSIGNIA under oath against the defendant
 That the offender makes use therein
insignia, uniform or dress
3. That the offender who give false
 That the insignia, uniform or dress testimony knows that it is false
pertains to an office not held ny
the offender 4. That the defend against whom the
false testimony is given is either
acquitted or convicted is final
 The did insignia uniform or dress
judgment.
issued publicly and improperly.
The false testimony against the accused need
not be the direct cause for his conviction as
Wearing the uniform of an imaginary
long as the declarant gave that testimony with
office is not punishable.
the intent to bring about his conviction.
(People v; Reyes, 48 O.G. 1837 cited in
Regalado)
False Testimony
Defendant must be sentenced at least to:
Committed by a person who, being under 1) Correctional penalty
oath and required to testify as to the truth
of a certain matter at a hearing before a
2) A fine
competent authority, shall deny the truth
or say something contrary to it. (Reyes) 3) Must be acquitted

Three forms of False Testimony

1. False testimonhy in criminal
cases.
2. False testimonhy in civil cases.
3. False testimonhy in other
cases.
ART. 181
FALSE TESTIMONY FAVORABLE
DEFENDANT
False testimony is punished not because of
the effect it actually produces, but because
of its tendency to favor or to prejudice the
defendant.

ART. 180 Rectification made spontaneously after

realizin the mistake is not false testimony.

104
 ART 182
FALSE TESTIMONY IN CIVIL
CASES
ELEMENTS:
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 different
knowing the same to be false
5. That the testimony must be
malicious and given with an
intent to affect the issues
presented in said case.
ART. 183
FALSE TESTIMONY IN OTHER
CSES AND PERJURY IN SLOMEN
AFFIRMATION
TWO WAYS OF COMMITTING
PERJURY
1. By falsely testifying under
oath
2. By making a false affidavit
Material
Directed to It concerns It tends in
PERJURY
prove a fact collateral any
in issue
ELEMENTS
105
1. That the accused made a
statement under oath or executed
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 of affidavit,
the accused made a willful and
deliberate assertion of a falsehood.
4. That the sworn statement or
affidavit containing the falsity is
required by law.
OATH
Any form of attestation by which a person
signifies that he is bound in conscience to
perform an act faithfully and truthfully.
AFFIDAVIT
Sworn statement in writing, a declaration
in writing, made upon oath before an
authorized may sate or officer.
MATERIAL MATTER
The man which is the subject of the
inquiry or any circumstance which tends
to prove that facts, or any fact or
circumstance which tends to corroborate
or strengthen the testimony relative to the
subject of inquiry, or which legitimately
affects the credit of any witness who
testifies.
Pertinent Relevant
matters reasonabl
 which make degree to refraining from taking part in any
more or less establish the public auction.
probable the probability
proposition or 2. By attempting to cause bidders to
at issue improbabilit stay away from an auction by
y of a fact in threats, gifts, promises or any
issue other artifice.

SOLICITING GIFTS OR PROMISE

ELEMENTS
SUBORNATION OF PERJURY 1. That there be a public auction

Committed by a person who 2. That the accused solicited any gift

knowingly and willfully procures
another to swear falsely and the
witness suborned does testify under
circumstances rendering him guilty of
perjury.
ART. 184
OFFERING FALSE TESTIMONY IN
EVIDENCE
or promise from any of bidders
3. That such gift 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.

5. That the accused had intent to

ELEMENTS: cause the reduction of the price of
1. That the offender offered the thing auctioned
evidenced a false witness or
false testimony This is consummated by mere solicitation.

2. That he knew the witness or ATTEMPTING TO CAUSE BIDDERS

testimony was false TO STAY AWAY
3. That the offer was made in ELEMENTS
judicial or official proceeding
1. That there he a public auction
CHAPTER THREE
Frauds 2. That the accused attempted to
cause the bidders to stay away
ART. 185 from that public auction
MACHINATIONS IN PUBLIC
AUCTIONS 3. That it was done by threats, gifts,
promises or any other artifice
ACTS PUNISHBALE
1. By soliciting any gift promise
as a consideration for

106
 4. That the accused had the a. Selling goods or services below
intent to cause the reduction of cost with the object of driving
the price of the thing auction competition acts of the relevant
need. market.

b. Imposing barriers to entry or

ART. 186 committing acts that prevent
competitors from growing within
MONOPLIES AND COMBINATIONS market in an anti-competitive
IN RESTRAINS OF TRADE.(RA. manner.
10667) PHILIPPINE COMPETITION c. Making a transaction subject to
ACT. acceptance by other parties of
other obligations which have no
ACTS UNDER ANTI- connection with the transition.
COMPETITIVE AGREEMENTS
d. Setting prices or other terms or
1. Restricting competition as to conditions that discriminate
price or components thereof, unreasonably between customers
or other terms of trade or sellers of the same goods or
services.
2. Fixing price at an auction or in
any form of bidding e. Imposing restrictions on the lease
or contract for sale or trade of
3. Setting, Limiting or goods or services concerning
controlling production, where to whom, or in what forms
markets, technical goods or services may be sold or
development or investment traded.

4. Diving or sharing the market, f. Making supply of particular goods

whether by volume sales or or services dependent upon the
purchases, territory, type of purchase of other goods or
goods or services, buyers, or services form the supplier which
sellers or any other means. have no direct connection with the
main goods or services to be
supplied
AGREEMENT
g. Directly or indirectly imposing
Any type or form of contract, unfairly low purchase prices for
agreement, understanding, collective the goods or serive of
recommendation, or concerted action, marginalized agricultural
whether formal or informal, explicit or producers.
tacit, written or oral.
h. Limiting production, markets or
PROHIBITED ACTS FOR WHICH technical development to the
ADMINISTRATIVE PENALTIES prejudice of consumers,
SHALL BE IMPOSED

107
 ILLEGAL ACTS OF PRICE
MANIPULATION 2. That the stamps, brands, or works
of those articles of merchandise
1. HOARDING fail to indicate the actual
Undue accumulation by a person fineness or quality of said metals
or combination of person of any or alloys.
basic commodity beyond his or 3. That the offender knows that the
their normal inventory stamps, brands or marks fail to
indicate the actual fineness or
2. PROFITEERING quality of the metals or alloys.

The sale or offering for sale of any ART. 188

basic necessity or prime
commodity at a price grossing SUBSTITUTING AND ALTERING
increases of its true worth TRADE MARKS , TRAD NAMES, OR
SERVICE MARKS
3. CARTEL
2. ACTS PUNISHABLE
Any combination of or agreement
between two or more commodity 1. By substituting the trade name or
designed to artificially and trade mark of some other
unreasonably increase or manufacturer or dealer or a
manipulate its price colorable imitation thereof for the
trade name or trade mark of the
real manufacturer or dealer upon
ART. 187 any article of commerce and
selling the same.
IMPORTATION AND DISPOSITION
OF FALSELY MARKED ARTICLES 2. By selling or by offering for sale
OR MECHANDISE MADE OF GOLD, such articles of commerce,
SILVER, OR OTHER PRECIOUS knowing that the r\trade name or
MTELAS OF THEIR ALLOYS trade mark has been fraudulently
used.
a. Gold
3. By using or substituting the
b. Silver service mark of some other
person, or a colorable imitation of
c. Other precious metals such mark, in the sale or
advertising of his services
d. Their alloys
4. By printing, lithographing or
reproducing the trade name, trade
ELEMENTS: mark, or service mark of one
person or a colorable imitation
1. That the offender import, sells thereof, to enable another person
or disposes of any of those to fraudulently use the same
articles or merchandise

108
 knowing the fraudulent
purpose for which it is to be
used .
ART. 189
UNFAIR COMPETITION,
FRAUDULENT REGISTRATION OF
TRADE NAME, TRADE MARK, OR
SERVICE MARK, FRAUDULENT
DESIGNATION OF ORIGIN AND
FALSE DESCRIPTION.
ACTS PUNISHED
1. By selling his goods, giving
them the general appearance
of the goods of another
manufacturer or dealer
2. Fraudulent designation of
origin; false description
3. Fraudulent registration.
(Comprehensive Dangerous
drugs Act of 2002 will be
discussed under Special Laws)
TITLE SIX
CRIMES AGAINST
PUBLIC MORALS
1. Gambling (PD 1602)
The provisions of Articles 195-199 of
the RPC which are inconsistent with PD
No. 1602 are repealed.
2. Grave scandal
3. Immoral doctrines, obscene
publications and exhibitions and
indecent shows
Gambling
109
Is any game or scheme, whether upon chance
or skill, wherein wagers consisting of money,
articles or value or representative of value are
at stake or made.
PD No. 1602
(a) The penalty of prison correccional in its
medium period of a fine ranging from one
thousand to six thousand pesos, and in case of
recidivism, the penalty of prision mayor in its
medium period or a fine ranging from five
thousand to ten thousand pesos shall be
imposed upon:
1. Any person other than those referred to in
the succeeding sub-sections who in any
manner, shall directly or indirectly take part in
any illegal or unauthorized activities or games
of-
a. cockfighting, jueteng, jai alai or horse
racing to include bookie operations and
game fixing, numbers, bingo and other
forms of lotteries;
b. cara y cruz, pompiang and the like; 7-11
and any game using dice;
c. black jack, lucky nine, poker and its
derivatives, monte, baccarat, cuajao,
pangguingue and other card games;
d. paik que, high and low, mahjong, domino
and other games using plastic tiles and the
likes;
e. slot machines, roulette, pinball and other
mechanical contraptions and devices;
f. dog racing, boat racing, car racing and
other forms of races, basketball, boxing,
volleyball, bowling, pingpong and other
 forms of individual or team contests
to include game fixing, point shaving
and other machinations;
g. banking or percentage game, or any
other game scheme, whether upon
chance or skill, wherein wagers
consisting of money, articles of value
or representative of value are at stake
or made;
2. Any person who shall knowingly permit
any form of gambling referred to in the
preceding subparagraph to be carried on in
inhabited or uninhabited place or in any
building, vessel or other means of
transportation owned or controlled by him.
If the place where gambling is carried on
has a reputation of a gambling place or
that prohibited gambling is frequently
carried on therein, or the place is a public
or government building or barangay hall,
the malfactor shall be punished by prision
correccional in its maximum period and a
fine of six thousand pesos.
(b) The penalty of prision correccional in
its maximum period or a fine of six
thousand pesos shall be imposed upon the
maintainer or conductor of the above
gambling schemes.
(c) The penalty of prision mayor in its
medium period with temporary absolute
disqualification or a fine of six thousand
pesos shall be imposed if the maintainer,
conductor or banker of said gambling
schemes is a government official, or where
110
such government official is the player,
promoter, referee, umpire, judge or coach in
case of game fixing, point shaving and
machination.
(d) The penalty of prision correccional in its
medium period or a fine ranging from four
hundred to two thousand pesos shall be
imposed upon any person who shall,
knowingly and without lawful purpose in any
hour of any day, possess any lottery list, paper
or other matter containing letters, figures,
signs or symbols pertaining to or in any
manner used in the games of jueteng, jai-alai
or horse racing bookies, and similar games of
lotteries and numbers which have taken place
or about to take place.
(e) The penalty of temporary absolute
disqualifications shall be imposed upon any
barangay official who, with knowledge of the
existence of a gambling house or place in his
jurisdiction fails to abate the same or take
action in connection therewith.
(f) The penalty of prision correccional in its
maximum period or a fine ranging from five
hundred pesos to two thousand pesos shall be
imposed upon any security officer, security
guard, watchman, private or house detective of
hotels, villages, buildings, enclosures and the
like which have the reputation of a gambling
place or where gambling activities are being
held.
Why is gambling prohibited and punished?
To repress an evil that undermines the social,
moral and economic growth of the nation.
(People v. Punto, 68 Phil. 481)
Spectators are not liable for gambling.
Lottery
It is a scheme for the distribution of prizes by
chance among persons who have paid, or
agreed to pay, a valuable consideration for the
chance to obtain a prize. (U.S. v. Filart, 30
Phil. 80)
CHAPTER TWO
OFFENSES AGAINST
DECENCY AND GOOD
CUSTOMS
ART. 200
GRAVE SCANDAL
ELEMENTS
1. That the offender performs act
or acts
2. That such act or acts be highly
scandalous as offending
against decency or good
customs
3. That the highly scandalous
conduct is not expressing
falling within any other article
of this Code.
4. That the act or acts
complained of be committed
in a public place or within the
public knowledge or new.
GRAVE SCANDAL
Consists of acts which are offensive to
decency and good customs which, having
been committed publicly, have given rise
to public scandal to persons who
accidentally witnessed the same
DECENCY
Propriety of conduct, proper observance of
the requirements of modest, good taste etc.
111
Customs
Established usage, social conventions carried
on by tradition and enforced by social
disapproval of any violation thereof.
Art. 201
Immoral doctrines, obscene publications
and exhibitions and indecent shows
(1) Those who shall publicly expound or
proclaim doctrines openly contrary to public
morals;
(a) the authors of obscene literature, published
with their knowledge in any form; the editors
publishing such literature; and the
owners/operators of the establishment selling
the same;
(b) Those who, in theaters, fairs,
cinematographs or any other place, exhibit,
indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are
prescribed by virtue hereof, shall include those
which:
(1) glorify criminals or condone crimes;
(2) serve no other purpose but to satisfy the
market for violence, lust or pornography;
(3) offend any race or religion;
(4) tend to abet traffic in and use of
prohibited drugs; and
(5) are contrary to law, public order, morals,
and good customs, established policies, lawful
orders, decrees and edicts;
(3) Those who shall sell, give away or exhibit
films, prints, engravings, sculpture or literature
which are offensive to morals. (As
amended by PD Nos. 960 and 969).
TITLE SEVEN
Test of obscenity
CRIMES COMMITTED BY
The test is whether the tendency of the PUBLIC OFFICERS
matter charged as obscene, is to deprave or
corrupt those whose minds are open to
such immoral influences, and into whose Chapter ONE
hands such a publication may fall and also
whether or not such publication or act ART. 203
shocks the ordinary and common sense of
men as an indecency. "Indecency" is an act WHO ARE PUBLIC OFFICERS
against the good behavior and a just
delicacy. (U.S. vs. Kottinger, 45 Phil. 352) REQUISITES

1. Taking part in the performance of

Mere possession of obscene materials
public functions in the
is not punishable.
government or performing in said
government or in any of its
branches public duties as an
employee, agent or subordinate
Art. 202 official of, any rank or class; and

Prostitutes 2. That his authority to take part in

the performance of public function
RA No. 10158 decriminalized vagrancy. or to perform public duties must
be- (PAD)
The law likewise provided that all pending
cases on vagrancy shall be dismiessed and
all persons serving sentence for vagrancy
shall be immediately released upon the a. By popular election
effectivity of RA No. 10158.
b.By appointment by competent
authority

Prostitutes c. By direct provision of the law

A woman is a prostitute when:

(1) She habitually indulges in: Chapter Two

MALFEASANCE AND
a) Sexual intercourse;
b) Lascivious conduct
MISFEASANCE IN OFFICE

2) For money and profit MISFEANCE

Imporper performance of some act which
might lawfully be done

112

1. Knowingly rendering unjust
judgment
2. Judgment rendered through
negligence
3. Unjust interlocutory order
4. Malicious delay in the
administration of justice
MALFEASANCE
The performance of some act which ought
not to be done
1. Direct bribery
2. Indirect bribery
NONFEASANCE
The omission of some act which ought to
be performed
1. Deriliction of duty in
prosecution of offense (Art. 208)
ART. 204
KNOWINGLY REDNERING UNJUST
JUDGMENT
ELEMENTS
1. That the offender is a judge
2. That he renders a judgment in
a case submitted to him for
decision
3. That the judgment is unjust
113
4. That the judge knows that his
judgment is unjust.
JUDGMENT
The final consideration and determination of
a court of competent jurisdiction upon the
matters submitted to it, in an action or
proceeding
UNJUST JUDGMENT
Are which is contrary to law or is not
supported by the evidence or both
Source of unjust judgment
(a) Error
(b) Ill-will or revenge
(c) Bribery
ART 205
JUDGMENT RENDERED THROUGH
NEGLIGENCE
ELEMENTS
1. That the offender is a judge
2. That he renders a judgment in a
cse submitted to him for decision
3. That the judgment is manifestly
unjust
4. That it is due to his inexcusable
negligence or ignorance
Manifestly unjust judgment
It is so manifestly contrary to law, that even a
person having a meager knowledge of the law
cannot doubt the injustice. (Albert)

ART. 206
UNJUST INTERLOCUTORY ORDER
INTERLOCUTORY ORDER
Order which is issued by the court
between the commencement and the end
of a suit of action an which decides some
point or matter, but which , however, is
not a final decision of the matter in issue.
ELEMENTS:
1. That the offender is a judge
2. That he performs any of the
following acts:
a. Knowingly renders unjust
interlocutory order or
decree; or
b.Renders a manifestly unjust
interlocutory order or
decree through
inexcusable negligence or
ignorance.
ART. 207
MALICOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
ELEMENTS
1. That the offender is a judge
2. That there is a proceeding in
his court
3. That he delay
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.
ART. 208
PROSECUTION OF OFFENSES:
NEGLIGENCE AND TOLELRANCE
ACTS PUNISHBALE
1. By maliciously refraining from
instituting prosecution against
violators of the law.
2. By maliciously tolerating the
commission of the offenses
DERELICTION OF DUTY IN THE
PROSECUTION OF OFFENSES
Elements:
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 the prosecution of
the criminal or knowing that a
crime is account to be committed
intent to favor the violator of the
law.
Offenders:
a) Public officer
Extends to officers of the prosecution
department, whose duty is to institute criminal
proceedings for felonies upon being informed
the of their perpetration. (Albert)
b) Officer of the law
114
Includes all those who, by reason of the his first client after having
position held by them, are duty-bound to undertaken the defense of said
cause the prosecution and punishment of first client or after having received
the offenders (Albert) confidential information from said
client

The crime committed by the law-violator Exception: When the client

must be proved first. If the guilt of the consents to the attorney’s taking the
law-violator is not proved, the person defense of the other party.
charged with dereliction of duty under this
article is not liable. (U.S. v. Mendoza)
ART. 210

DIRECT BRIBERY
ART 209
ACTS PUNISHABLE
BETRAYAL OF TRUST BY AN
ATTORNEY OR SOLICOTOR- 1. By agreeing to perform, or by
REVELAETION OF SECRETS. performing, inconsideration of
nay offer, promise, gift or present-
ACTS PUNISHED AS BETRAYAL an act constituting a crime in
OF TRUST BY ATTORNEY connection with the performance
of his official duties
1. By causing damage to his
client either: 2. By accepting a gift
inconsideration of the
(1) any malicious breach of execution of an act which does
professional duty not constitute a crime in
connection with the
(2) by inexcusable negligence or performance of his official
ignorance duty

When the attorney acts (1) with 3. By agreeing to refrain or by

malicious abuse of his employment or refraining, from doing
(2) inexcusable negligence or something which it is his
ignorance, there must be damage. official duty to do in
(Reyes) consideration of gift or
promise.
2. By revealing any secrets of his
client learned by him in his
professional capacity
DIRECT BRIBERY
Damage not necessary.
Elements
3. By undertaking the defense of
the opposing party in the same 1. That the offender be a public officer
case, without the consent of within the scope of Art. 203

115
 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 or present
received by the public officer-
a. With a view to
committing some
crime or
b. In consideration of the
execution of an act
which does not
constitute a crime,
but the act must be
unjust; or
c. To refrain from doing
something which it
is his official duty
to do
4. That the act which the offender
agrees to perform or which he
excutes be connected with the
performance of his official
duties
Official duties include any action
authorized. It is sufficient if the officer has
the official power, ability or apparent
ability to bring about or contribute to the
desired end. The acts referred to in the
law, which the offender agrees to perform
or execute, must be ultimately related to or
linked with the performance of his official
duties. It is sufficient if his actions,
affected by the payment of the bribe, are
parts of any established procedure
consistent with the authority of the
government agency. However, where the
act is entirely outside of the official
functions of the officer to whom the
116
money is offered, the offense is not bribery.
(Tad-y v. People, G.R. No. 148862)
Gift is either:
(1) Voluntarily offered by a private
person; or
(2) Solicited by a public officer.
Gift or present need not be actually received
by the public officer as an accepted offer or
promise of gift is sufficient. (Reyes)
In case there is only an offer of gift or a
promise to ive something, the offer or promise
must be accepted by the public officer.
Art. 208 Art. 210 Direct
Prevaricacion Bribery (3rd Form)
Committed by refraining from doing
something which pertains to the official
duty of the officer
The offender
Not necessary in refrained from
prevaricacion doing his official
duty in
consideration of a
gift received or
promised.
Direct bribery is a crime involving moral
turpitude.
Moral turpitude can be inferred from the third
element. The fact that the offender agrees to
accept a promise or gift and deliberately
commits an unjust act or refrains from
performing an official duty in exchange for
some favors, denotes a malicious intent on the
part of the offender to renege on the duties to him by reason of
which he owes his fellowmen and society his office (Pozar v.
in general. Also, the fact that the offender CA, as cited in
takes advantage of his office and position Reyes)
is a betrayal of the trust reposed on him by
the public. It is a conduct clearly contrary
to the accepted rules of right and duty,
justice, honesty and good morals. In all
respects, direct bribery is a crime
involving moral turpitude. (Magno v. ART. 211-A
COMELEC)
QUALIFIED BRIBERY

ART. 211 ELEMENTS

1. That the offender is a public
INDIRECT BRIBERY officer entrusted with law
enforcement
ELEMENTS:
2. That the offender refrains from
1. That the offender is a public
arresting or prosecuting an
officer
offender who has committed a
crime punishable by reclusion
2. That he accepts gifts
perpetua and or death
3. That the said gifts are offered
3. That the offender refrains from
to him by reason of his office
arresting a prosecuting the
offender in consideration of any
promise gift or present.
Direct Indirect

the public officer received gift ART. 212

CORRUPTION OF PUBLIC OFFICIALS

No such agreement
There is an exists ELEMENTS
agreement between
the public officer 1. That the offender makes offers or
and the giver of the promises or gives or presents to a
gift public officer
It is not necessary
Offender agrees to that the officer 2. That the offers or promises area
perform or should do any made or the gifts or present given
performs an act or particular act or to a public officer, under
refrains from doing even promise to do circumstances That will make the
something, because an act, as it is public officer liable for direct
the gift or promise enough that he bribery.
accepts gifts offered

117
The offender is the giver of the gift or
offeror of promise.
Chapter Three
Frauds and Illegal Exactions and
Transactions
ART. 213
FRAUDS AGAINST THE PUBLIC
TREASURY AND SIMILAR
OFFENSES
ACTS PUNISHBALE
1. By entering into agreement
with any interested party or
spectacular or making use of
any scheme, to defraud the
government, in dealing with
any person with regard to
furnishing supplies, the
making contracts or the
adjustment or settlement of
accounts relating to public
property or frauds.
2. By demanding, directly or
indirectly the payment of
sums different from a larger
than those authorized by law,
in the collection of taxes,
licenses, fees and other
imports.
3. By failing voluntarily to issue
a receipt as provided by law,
for any sum of money
collected by him officially, in
the collection of taxes licenses
fees and other imposts.
118
4. By collecting or receiving directly
or indirectly by way of payment or
otherwise, things object of nature
different from that provided by
law, in collection of taxes,
licenses, fees and other imports.
FRAUDS AGAINST PUBLIC
TREASURY
Elements
1. That the offender be a public
officer
2. That he should have taken
advantage of his office, that is he
interested in the transaction in his
official capacity
3. That he entered into an agreement
without interested party or
speculator or made use of any
scheme with regard to:
(a) furnishing supplies;
(b) the making contracts; or
(c) the adjustment or
settlement of accounts relating
to public property of funds
4. That the accused had intent to
defraud the government
ILLEGAL EXACTION
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
a) Demanding directly or
indirectly the payment of seems
 different from or longer than
authorized that those
authorized by law or
b) Failing voluntarily to
issue a receipt as provided by
law for any sum of money
collected by him officially
c) Collecting or receiving
directly or indirectly by way
of payment or otherwise or
objects of nature different
from that provided by law
Officer or employee of BIR or BOC not
covered by this article.
ART. 214
OTHER FRAUDS
ELEMENTS:
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 315-318
Art 315-318 define and penalize:
(1) Estafa
(2) Other forms of swindling
(3) Swindling a minor
(4) Other deceits
ART. 215
119
PROHIBTED TRANSACTIONS
ELEMENTS:
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 places
within the territory subject to his
jurisdiction
4. That he becomes interested in the
action during his incumbency
ART. 216
POSSESSION OF PROHIBITED
INTEREST BY A PUBLIC OFFICER
PERSONS LIABLE
1. Public officer who directly or
indirectly became interested in
any contract or Business in
which it was his official duty
to intervene
2. Experts, arbitrators and
private accountants who in
like manner took apart in any
contract or transaction
connected with the estate or
property in the appraisal
distribution or adjudication of
which they had acted.
3. Guardians and executors with
respect to the property
belonging to their wards or the
estate.
Actual fraud is not necessary; the act is corporations or their subsidiaries. They shall
punished because of the possibility that strictly avoid conflict of interest in the conduct
fraud may be committed or that the officer of their office.
may place his own interest above that of
the government or party which he Section 2, Article IX-A of the 1987
represents. (US v. Udarbe, 28 Phil. 383) Constitution

No Member of a Constitutional Commission

Section 14, Art. VI of the 1987
Constitution
No Senator or Member of the House of
Representatives may personally appear as
counsel before any court of justice or
before the Electoral Tribunals, or
quasi-judicial and other administrative
bodies. Neither shall he, directly or
indirectly, be interested financially in any
contract with, or in any franchise or
special privilege granted by the
Government, or any subdivision, agency,
or instrumentality thereof, including any
government-owned or controlled
corporation, or its subsidiary, during his
term of office. He shall not intervene in
any matter before any office of the
Government for his pecuniary benefit or
where he may be called upon to act on
account of his office.
Section 13, Article VII of the 1987
Constitution
The President, Vice-President, the
Members of the Cabinet, and their
deputies or assistants shall not, unless
otherwise provided in this Constitution,
hold any other office or employment
during their tenure. They shall not, during
said tenure, directly or indirectly, practice
any other profession, participate in any
business, or be financially interested in
any contract with, or in any franchise, or
special privilege granted by the
Government or any subdivision, agency,
or instrumentality thereof, including
government-owned or controlled
shall, during his tenure, hold any other office
or employment. Neither shall he engage in the
practice of any profession or in the active
management or control of any business which
in any way be affected by the functions of his
office, nor shall he be financially interested,
directly or indirectly, in any contract with, or
in any franchise or privilege granted by the
Government, any of its subdivisions, agencies,
or instrumentalities, including
government-owned or controlled corporations
or their subsidiaries.
Chapter FOUR
Malversation of Public Funds or
Property
1. Malversation
2. Failure of accountable officer to
render accounts
3. Failure of a responsible public
officer to render accounts before
leaving the country
4. Illegal use of public funds or
property
5. Failure to make delivery of public
funds or property
ART. 217

120
 MALVERSATION OF PUBLIC d. That he appropriated took
FUNDS ORPROPERTY misappropriated or consented
PRESUMPTION OF or through abandonment or
MALVERSATION negligence permitted another
person to take them.
Nature of the duties of the public officer,
not name of office, is controlling.
Malversation

Otherwise called embezzlement The funds or property must be received in

official capacity.

Considered public funds:

ACTS PUNISHABLE
1. By appropriating public funds
or property
2. By taking or misappropriating
the same
3. By consenting, or through
abandonment or negligence,
permitting any other person to
take such public funds or
property
1. Red Cross, Anti-Tuberculosis Society
and Boy Scout funds received by an
assistant cashier of the provincial treasurer
by virtue of his official position, for
custody, acquire the character of public
funds. (People v. Velasquez, 72 Phil. 98)
2. Postal money orders
3. Coconut levy funds (COCOFED v.
Republic, 679 Phil. 508)

4. By being otherwise guilty of Malversation may be committed either through

the misappropriation or a positive act of misappropriation of public
malversation of such funds or funds or property, or passively through
property. negligence. To sustain a charge of
malversation, there must either be criminal
ELEMENTS COMMON TO intent or criminal negligence, and while the
ALL ACTS prevailing facts of a case may not show that
deceit attended the commission of the offense,
a. That the offender be a it will not preclude the reception of evidence
public officer to prove the existence of negligence
because both are equally punishable under
b. That he had the custody or Article 217 of the Revised Penal Code. (Torres
control of funds or v. People, G.R. No. 175074)
property by reason of the
duties of his office
Prima Facie evidence of Malversation
c. That those funds or property
were public funds or The failure of a public officer to have duly
property for which he was forthcoming any public funds or property with
accountable. which he is chargeable, upon demand by any
duly authorized officer, shall be prima facie

121
evidence that he has put such missing
funds or property to personal use.
The return of funds malversed is only
mitigating circumstance, not exempting.
(People v. Velasquez, 72 Phil. 98)
Demand not necessary
Demand merely raises a prima facie
presumption that missing funds have been
put to personal use. The demand, itself,
however, is not an element of, and not
insdispensable to constitute malversation.
(Morong Water District v. Office of the
Ombudsman, G.R. No. 116754)
ART. 218
FAILURE OF ACCOUNTABLE
OFFICER TO RENDER ACCOUNTS
ELEMENTS
1. That the offender is a public
officer, whether in the service
or separated there from
2. That he must be an
accountable officer for public
funds or property
3. That he is required by law or
regulation to render accounts
to the commission on audit or
to provincial auditor
4. That he fails to do so for a
period of two months after
each accounts should he
rendered.
Article 218 does not require that there be
demand by the COA or provincial auditor
that the public officer should render an
account. It is sufficient that there is a law
122
or regulation requiring him to render account.
(Reyes, p. 461)
It is not essential that there be
misappropriation. If there is misappropriation,
he would be liable also for malversation under
Art. 217. (Id.)
ART. 219
FAILURE OF A RESPONSIBLE PUBLIC
OFFICER TO RENDER ACCOUNTS
BEFORE LEAVING THE COUNTRY
ELEMENTS:
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
the Philippines without securing
from the commission of audit a
certificate showing that his
accounts have been finally settled.
ART. 220
ILLEGAL USE OF PUBLIC FUNDS OR
PROPERTY
ELEMENTS
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
 use. and benefit of the
4. That he applies the same to a offender or of
public use other than that for another person.
which such fund or property
has been appropriated by law
or ordinance

Techinical Malversation

But criminal intent is not an element of

technical malversation. The law punishes ART. 221
the act of diverting public property
earmarked by law or ordinance for a FAILURE TO MAKE DELVERY OF
particular public purpose to another public PUBLIC FUNDS OR PROPERTY
purpose. The offense is mala prohibita,
meaning that the prohibited act is not ACTS PUNISHABLE
inherently immoral but becomes a criminal
offense because positive law forbids its 1. By failing to make payment by
commission based on considerations of public officer who is under
public policy, order, and convenience.It is obligation to make such payment
the commission of an act as defined by the from government funds in his
law, and not the character or effect thereof, possession
that determines whether or not the
provision has been violated. Hence, malice 2. By refusing to make by a public
or criminal intent is completely irrelevant. officer who has been order by
(Ysidoro v. People, G.R No. 192330) competent authority to deliver any
property in his custody or under
his administration

FAILURE TO MAKE PAYMENT

Illegal use of Malversation
public funds or
Elements
property
1. That the public officer has
Both are accountable public officers government funds in his
possession
The offender does The offender in
2. That he is under obligation to
not derive any certain cases profit
make payment from such funds
personal gain or from the proceed of
profit the crime.
3. That he fails to make the payment
maliciously
The public fund or The public fund or
property is applied property is applied
to another public to the personal use ART. 222

123
 OFFICERS INCLUDED IN THE
PRECEEDING PROVISONS
PRIVATE INDIVIDUALS WHO
MAY BE LIABLE UNDER ART
217 TO 221
1. Private individuals who, in
any capacity whatever, have
change of nay national,
provincial or municipal funds,
revenue or property
2. Administrator or depository of
funds or property attached,
seized or deposited by public
authority, even if such
property belongs to a private
individual.
Purpose
To extend the provision of the Code on
malversation to private indivdiuals.
(People v. Escalante, C.A. 49 O.g. 4397 as
cited in Reyes)
Private property included provided it is:
1) Attached;
2) Seized; or
3) Deposited by public
authority
CHAPTER FIVE
INFEDELITY OF PUBLIC
OFFICERS
1) Infidelity in the custody of prisoners
2) Infidelity in the custody of document
3) Revelation of secrets
124
Infidelity in the custody of prisoners
ART. 223
CONNIVING WITH OR CONSENTING
TO EVASION
ELEMENTS
1. That the offender is a public
officer
2. That he had in his custody or
change 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 latters escape
Article 223 punishes any public officer who
shall consent to the escape of a prisoner in his
custody or charge. Connvicance with the
prisoner (agreement between the prisoner and
the public officer) in his escape is an
indispensable element of the offense. (U.S. v.
Bandino, 29 Phil. 459)
Classes of prisoners involved:
a. If the fugitive has been sentenced
by final judgment to any penalty
b. If the fugitive isn held only as
detention prisoner for any crime or
violation of law or municipal
ordinance.
When the custodian, maliciously failing to
perform the duties of his office, and conniving
with a prisoner, permits him to obtain a
relaxation of his imprisonment and to escape
the punishment of being deprived of his
liberty, thus making the penalty ineffectual,
there is real and actual evasion of service of a
sentence (quebrantamiento de una condena),
even though the convict may not have fled, 3. That such prisoner escapes
inasmuch as the prisoner’s leaving the through his negligence
prison and his evasion of service of the
sentence were effected through tolerance
of the guard, or rather by agreement with
him. (U.S. v. Bandino, 29 Phil. 459)
ART 225

RA No. 9372 ESCAPE OF PRISONER UNDER THE

CUSTODY OF A PERSON NOT A
Infidelity in the Custody of Detained PUBLIC OFFCER.
Persons (Sec. 44)
ELEMENTS
Any public officer who has direct custody
of a detained person under the provisions
of this Act and who by his deliberate act, 1. That the offender is private person
misconduct, or inexcusable negligence
causes or allows the escape of such 2. That the conveyance or custody of
detained person shall be guilty of an a prisoner or person under arrest is
offense and shall suffer the penalty of: (a) confided to him
twelve (12) years and one day to twenty
(20) years of imprisonment, if the detained 3. That the prisoner or person under
person has already been convicted and arrest escapes
sentenced in a final judgment of a
competent court; and (b) six (6) years and 4. That the offender consents to the
one day to twelve (12) years of escape of the prisoner or person
imprisonment, if the detained person has under arrest, or that the escape
not been convicted and sentenced in a final takes place through his
judgment of a competent court. negligence.

ART. 224
ART. 226
EVASION THROUGH NEGLIGENCE
REMOVAL CONCEALMENT OR
ELEMENTS DESTRUCTION OF DOCUMENTS

1. That the offender is a public ELEMENTS

officer
2. That he is changed with the
conveyance or custody of a
prisoner, either detention,
prisoner or prisoner by final
judgment
1. That the offender be a public
officer
2. That he abstracts destroys or
conceals documents or paper
3. That the said documents or paper
should have been entrusted to such

125
 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
The public officer must be officialy
entrusted with the documents.
ACTS PUNISHABLE IN
INFIDELITY IN THE CUSTODY
OF THE DOCUMENTS
1. By removing
2. By destroying
3. By concealing
The removal must be for an illicit purpose.
Whether during or after office hours, if the
removal by a public officer of any official
document from its usual place of
safe-keeping is for an illicit purpose, such
as to tamper with or to otherwise profit by
it, or to do in connection therewith an act
which would constitute a breach of trust in
his official care thereof, the crime of
infidelity in the custody of public
documents is committed. On the other
hand, where the act of removal is actuated
with lawful or commendable motives, as
when the public officer removes the public
documents committed to his trust for
examination in connection with official
duty, or with a view to securing them from
imminent danger of loss, there would be
no crime committed under the law. This is
so, because the act of removal, destruction
or concealment of public documents is
punished by law only when any of such
acts would constitute infidelity in the
custody thereof. (Kataniag v. People)
126
Damage in this article may consist in mere
alarm to the public or in the alienation of its
confidence in any branch of the government
service. (Kataniag v. People)
ART.227
OFFICER BREAKING SEAL
ELEMENTS
1. That the offender is a public
officer
2. That he is charged with the
custody of papers or property
3. That those papers or property are
sealed by paper authority
4. That he breaks the seals or permit
them to be broken.
Damage or intent to cause damage is not
necessary.
ART 228
OPENING OF CLOSED DOCUMENTS
ELEMENTS
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 closed papers, documents
or break
4. That he does not have proper
authority
 4. That he delivers those papers or
Revelation of Secrets copies thereof a third person

5. That the delivery is wrongful

ART. 229
6. That damage be caused to public
REVELATION OF SECRETS BY ANA interest.
OFFICER
Infidelity in the Revealing secrets of
ACTS PUNSIHABLE custody of private individuals
1. By revealing known to the document or papers
offending public officer by
If the papers
reason of his official capacity If the papers do not contain secrets and
contain secrets, therefore should not
their removal for an be published, and
ELEMENTS illicit purpose is the public officer
infidelity in the having charge
a. That the offender is a public officer custody of thereof removes
documents. and delivers them
b. That he knows use of secret by reason
wrongfully to a
of his official capacity
third person, the
crime is revelation
c. That he reveals such secret without
of secrets by a
authority or justificiable reasons
public officer.
d. That damage great or small he caused
to the public interest

Secrets must affect public interests.

ART.230

2. By delivering wrongfully PUBLIC OFFICER REVEALING

papers or copies of papers of SECRETS OF PRIVATE INDIVIDUAL
which he may have charge and
which should not be published ELEMENTS

1. That the offender is a public

ELEMENTS
officer
1. That the offender is a public
2. That he knows of the secrets of a
officer
privet individual by reason of his
office
2. That he has charge of papers
3. That he reveal such secret without
3. That those papers should not
the authority or justifiable reason
be published
Revelation to one person is sufficient, for
public revelation is not required. (REyes)

127
 CHAPTER SIX
OTHER OFFENSES OR
IRREGULARITIES BY
PUBLIC OFFICERS
ART. 231
OPEN DISOBEDIENCE
ELEMENTS:
1. That the offender is a judicial
or executive officer
2. That there is a judgment
decision or order of a superior
authority
3. That such judgment decision
or order was made within the
scope of jurisdiction of the
superior authority and used
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
ART. 232
DISOBEDIENCE TO ORDER OF
SUPERIOR OFFICER WHEN SAID
ORDER WAS SUSPENED BY
INFERIOR OFFICER
ELEMENTS:
1. That the offender is a public
officer
2. That an order is issued be his
superior for execution
128
3. That he has for any reason
suspended the execution of the
order
4. That the offender disobeys his
superior despite the disapproval of
the suspension
This article does not apply if the order
of the superior is illegal. (Art. 11, par.
6)
ART. 233
REFUSAL OF ASSISTANCE
ELEMENTS
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.
Damage to public interest is essential.
ART. 234
REFUSAL TO DISCHARGE ELECTIVE
OFFICE
ELEMENTS
1. That the offender is elected by
popular election to a public office
2. That he used to be sworn in or to
discharge the duties of said office
 3. That there is no legal motive OFFENDED PARTY:
for such refusal to be sworn in
or to discharge the duties of (1) A convict by final judgment; or
said office
(2) A detention prisoner.
This provision is not applicable to
appointive officer. The maltreatment must:

(1) Relate to the correction or handling of the

ART. 235 prisoner;or

MALTREATMENT OF PRISONERS (2) For the purpose of extorting a confession

or of obtaining some information from the
ELEMENTS prisoner.

1. That the offender is a public “In addition to his liability for the physical
officer or employee injuries or damage caused”

There is no complex crime of maltreatment

2. That he has under his charge a
of prisoners with serious or less serious
prisoner or detention prisoner
physical injuries, as defined in Art. 48.
3. That he maltreat such prisoner
in either of the following
manners: ART 236

a. By over doing himself in the ANTICIPATION OF DUTIES OF A

correction or handling of a PUBLIC OFFICE
prisoner or detention
prisoner under his charge ELEMENTS
either-
1. That the offender is entitled to
1. By the imposition of hold a public office or
punishments not employment either by election or
authorized by the appointment.
regulations or
2. That the law requires that he
2. By inflicting such should first be sworn in and/or
punishments should first give a bond
(authorized) in cruel
and humiliating 3. That he assumes the performance
manner of the duties and powers of such
office
b.By maltreating such
prisoner to extort a 4. That he has not taken his oath of
confession or to obtain office and /or given the bond
some information from required by law.
the prisoner.

129
 ART. 237 of Book Two of the RPC, the penalty is
higher.
PROLONGING PERFORMANCE OF
DUTIES AND POWERS Art. 238 Negligence and
Abandonment of Tolerance in
ELEMENTS office prosecution of
offenses (Art. 208)
1. That the offender is holding a
public office Committed only by
Committed by any public officers who
2. That the period provided by public officer have the duty to
law, regulation or special institute prosecution
provisions for holding such for the punishment
office has already expired of violations of the
law
3. That he continues to exercise
the duties and powers of such
The public officer
office The public officer does not abandon
abandons his office his office but he
Officer contemplated to evade the fails to prosecute an
A public officer who has been suspended,
discharge of his offense by
separated, declared overaged, or dismissed duty dereliction of duty
cannot continue to perform the duties of
or by malicious
his office. (Albert)
tolerance of the
commission of
ART. 238 offenses.

ABANDOMENT OF OFFICE OR
POSITION
ART. 239
 ELEMENTS
1. That the offender is a public USURPATION OF LEGISLATIVE
officer POWERS
2. That he formally resigns from
his position  ELEMENTS
3. That his resignation has not 1. That the offender is an executive
yet been accepted or judicial officer
4. That he abandons his office to 2. That he
the detriment of the public
service. (a) makes general rules or regulations
beyond the scope of his authority
When Qualified? (b) attempt to real a law
If the abandonment of the office has for its (c) suspends the execution thereof
purpose to evade the discharge of the
duties of preventing, prosecuting, or ART. 240
punishing ant of the crimes falling within
Title Onea nd Chapter One of Title Three

130
 USURPATION OF EXECUTIVE
FUNCTION
ELEMENTS:
1. That the offender is a judge
2. That he
a) assumes a power pertaining to the
executive authorities, or
b) obstructs the executive authorities in
the lawful exercise of their powers
ART. 241
USURPATION OF JUDICIAL
FUNCTIONS
ELEMENTS
1. That the offender is an officer
of the executive branch of the
government
2. That he
(a) assumes judicial power, or
(b) obstructs the execution of any
order or decision rendered by any
judge within its jurisdiction
ART. 242
DISOBEYING REQUEST FOR
DISQUALIFICATION
ELEMENTS
1. That the offender is a public
officer
2. That a proceeding is pending
before such public officer
131
3. That there is a question brought
before the proper authority
regarding his jurisdiction, which is
not yet decided
4. That he has been lawfully required
to refrain from continuing the
proceeding
5. That he continues the proceeding
ART. 243
ORDER OR REQUESTS BY EXECUTIVE
OFFCIERS TO ANY JUDICIAL
AUTHORITY
ELEMENTS
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 court of justice
Legislative or judicial officers are not liable
under Art. 243.
ART. 244.
UNLAWFUL APPOINTMENTS
ELEMENTS
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 Means to propose earnestly and persistently
legal qualification therefore something unchaste and immoral to a woman

4. That the offender knows that

his nominee or appointee
lacks the qualifications at the
time he made the nomination
or appointment
TITLE EIGHT
There must be a law providing for the
qualifications of a person to be nominated CRIMES AGAINST
or appointed to public office.
PERSONS
What are the crimes against persons? They
are:
ART. 245
(1) Parricide. (Art. 246
ABUSES AGAINST CHASTITY
(2) Murder. (Art. 248)
WAYS OF COMMITTING
(3) Homicide. (Art. 249)
ABUSES AGAINST CHASTITY
(4) Death caused in a tumultuous affray. (Art.
251)
1. By soliciting or making (5) Physical injuries inflicted in a tumultuous
immoral or indecent to a affray. (Art. 252)
woman interested in matter
(6) Giving assistance to suicide. (Art. 253)
pending before the offending
advances to a woman (7) Discharge of firearms. (Art. 254)
interested in matters pending
is required to submit a report (8) Infanticide. (Art. 255)
to or consult with a superior (9) Intentional abortion. (Art. 256)
officer to which he is required
to submit a report to or consult (10) Unintentional abortion. (Art. 257)
with a superior officer.
(11) Abortion practiced by the woman herself
or by her parents. (Art. 258)
2. By soliciting or making
immoral or indecent advances (12) Abortion practiced by a physician or
to a woman under the midwife and dispensing of abortives. (Art.
offenders custody 259) (13) Duel. (Art. 260)

3. By soliciting or making (14) Challenging to a duel. (Art. 261)

immoral or indecent advances (15) Mutilation. (Art. 262)
to the wife
(16) Serious physical injuries. (Art. 263)
Solicit
(17) Administering injurious substances or
beverages. (Art. 264)

132
(18) Less serious physical injuries. (Art.
265)
(19) Slight physical injuries and
maltreatment. (Art. 266) (20) Rape. (Art.
266-A)
CHAPTER ONE
DESTRUCTION OF LIFE
SECTION ONE: PARRICIDE,
MURDER, HOMICIDE
Intent to kill
deduced from the weapons used by the
offenders, the nature, location and number
of wounds sustained by the victim and the
words uttered by the malefactors before, at
the time or immediately after the killing.
Corpus delicti
not the body of the victim, in modern
sense of term, the actual offense
committed. (People v. Madridm 88Phil. 1)
1. That a human life was taken; and
2. That death was occasioned by the
accused’s criminal act or agency.
ART 246
PARRICIDE
Elements
1. A person is killed;
2. Deceased is killed by the accused; and
3. Deceased is either the
133
a. Father or mother;
b. Child, whether legitimate or
illegitimate;
c.Legitimate other ascendant or
other descendant; or
d. Legitimate spouse of the
accused.
If there is mistake in identity, the penalty in
Art. 49 shall be applied.
If father, mother or child, legitimacy is
immaterial.
If spouse or any ascendant, descendant,
legitimacy is material.
A stranger who cooperates and takes part in
the commission of the crime of parricide, is
not guilty of parricidw but only homicide or
murder as the case may be. (People v. Patricio)
ART 247
DEATH OR PHYSICAL INJURIES
INFLICTED UNDER EXEPTIONAL
CIRCUMSTANCES
Elements:
1. A legally married person or a parent
surprises his spouse or his daughter, the latter
under 18 years of age and living with him/her,
in the act of committing sexual intercourse
with another person;
2. He or 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; and
3. He has not promoted or facilitated the
prostitution of his wife or daughter or that he
or she has not consented to the infidelity of
others.

Article 247 of the Revised Penal Code
does not define and provide for a specific
crime, but grants a privilege or benefit to
the accused for the killing of another or the
infliction of serious physical injuries under
the circumstances therein mentioned.
(people v. Araquel, L-12629)
Must the parent be legitimate?
The provision only requires that:
(1) The daughter to be under 18 years old;
(2) That she is living with her parents.
Defense of mistake of fact may be
claimed.
“Immediately thereafter”
If there was a time-lag between the
surprising and the killing, it must be
shown that the surprising and the killing
are one continuous sequence.
The privilege granted is conditioned on the
requirement that the spouse surprise the
husband or the wife in the act of
committing sexual intercourse with
another person; the accused did not
surprise his wife in the very act or carnal
intercourse, but after the act, if any such
there was, because from the fact that she
was rising up and the man was buttoning
his drawers, it does not necessarily follow
that a man and a woman had committed
the carnal act . (People v, Gonzales,
46310)
Justification for Article 247
134
The law, when the circumstances provided by
this article are present, considers the spouse or
parent as acting in a justified burst of passion.
(People v. Gonzales, 69 Phil. 66)
The vindication of a mans honor is justified
because of the scandal an unfaithful wife
creates; the law is strict on this, authorizing as
it does, a man to chastise her, even with
death. But killing the errant spouse as a
purification is so severe that it can only be
justified when the unfaithful spouse is caught
in flagrante delicto; and it must be resorted to
only with great caution so much so that the
law requires that it be inflicted only during the
sexual intercourse or immediately thereafter.
( People vs. Wagas, 171 SCRA 69, 74, March
8, 1989.)
ART 248
MURDER
Elements:
1. A person is killed;
2. Deceased is killed by the accused;
3.Killing was attended by any of the qualifying
circumstances mentioned in Art. 248; and
4. Killing is not parricide or infanticide.
Murder
the unlawful killing of any person which is not
parricide or infanticide, provided
that any of the following circumstances is
present:
1. Treachery, taking advantage of superior
strength, with the aid of armed men, or
employs means to weaken the defense, or of
means or persons to insure or afford impunity;
2. In consideration of a price, reward or
promise;
3. Means of inundation, fire, poison,
shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall
of an airship, by means of motor vehicles,
or with the use of any other means
involving great waste and ruin;
4. On occasion of any calamities
enumerated in the preceding paragraph, or
of an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other
public calamity;
5. Cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or
corpse.
Rules for the application fo the
circumstances which qualifiy the killing
to murder:
1. Murder will exist with only one of the
circumstances described in Art. 248.
2. Where there are more than one
qualifying circumstances present, only one
will qualify the killing, with the rest to be
considered as generic aggravating
circumstances.
3. When the other circumstances are
absorbed or included in one qualifying
circumstance, they cannot be considered as
generic aggravating circumstance.
4. Any of the qualifying circumstances
enumerated in Art. 248 must be alleged in
the information.
Treachery
135
direct employment of means, methods, or
forms in the execution of the crime against
persons which tend directly and specially to
insure its execution, without risk to the
offender arising from the defense which the
offended party might make
In order for treachery to be properly
appreciated, two elements must be present:
(1) at the time of the attack, the victim was
not in a position to defend himself; and
(2) the accused consciously and deliberately
adopted the particular means, methods or
forms of attack employed by him.People v.
Reyes, G.R. No. 118649, March 9, 1998
The essence of treachery is the sudden and
unexpected attack by an aggressor on the
unsuspecting victim, depriving the latter of
any chance to defend himself and thereby
ensuring its commission without risk of
himself. People v. Escote, Jr., G.R. No.
140756, April 4, 2003
ART 249
HOMICIDE
Elements:
1. A person is killed;
2. Deceased is killed by the accused without
any justifying circumstance;
3. Intent to kill, which is presumed; and
4. Killing was not attended by any of the
qualifying circumstances of murder, or by that
of parricide or infanticide.
Homicide
the killing of any person which does not
constitute parricide, murder or infanticide and
is not attended by any justifying circumstance.

When death resulted, even if there is no
intent to kill, the crime is homicide, not
merely physical injuries, because with
respect to crimes of personal violence, the
penal law looks particularly to the material
results following the unlawful act and
holds the aggressor respponsible for all the
consequences thereof. (U.S. v. Gloria, 3
Phil. 333 as cited in Reyes)
There is no offense of frustrated homicide
through negligence
The element of intent to kill in frustrated
homicide is incompatible with negligence
or imprudence. Intent in felonies by means
of dolo is replaced with lack of foresight
or skill in felonies by culpa. (People v.
Castillo, 76 Phil. 72)
Accidental Homicide
The death of a person brought about by a
lawful act performed with proper care and
skill, and without homicidal intent.
In all crimes against persons in which
death of the victim is an element of the
offense there must be satisfactory
evidence of:
1. The fact of death; and
2. Identity of the victim.
3.
ART 250
PENALTY FOR FRUSTRATED
PARRICIDE, MURDER OR
HOMICIDE
136
Courts may impose a penalty two degrees
lower for frustrated parricide, murder or
homicide.
Courts may impose a penalty three degrees
lower for attempted parricide, murder or
homicide.
This provision is permissive, not mandatory.
ART. 251
DEATH CAUSED IN A TUMULTUOUS
AFFRAY.
Elements:
1. There be several persons;
2. They did not compose groups organized for
the common purpose of assaulting and
attacking each other reciprocally, otherwise,
they may be held liable as coconspirators;
3. These several persons quarreled and
assaulted one another in a confused and
tumultuous manner;
4. Someone was killed in the course of the
affray;
5. It cannot be ascertained who actually killed
the deceased; and
6. The person or persons who inflicted serious
physical injuries or who used violence can be
identified.
The person killed need not be one of the
participants in the affray.
Who are liable?
1. The person or persons who inflicted serious
physical injuries are liable. (art. 251, par.1)
2. If it is not known who inflicted the serious
physical injuries on the deceased, all the
persons who used violence upon the
person of the victim are liable, but with
lesser liability. (Art. 251, par. 2)
ART. 252.
PHYSICAL INJURIES INFLICTED IN
A TUMULTUOUS AFFRAY.
Elements:
1. There is a tumultuous affray as referred
to in Art. 251;
2. A participant or some participants
thereof suffer serious physical injuries or
physical injuries of a less serious nature
only;
3. Person responsible therefor cannot be
identified; and
4. All those who appear to have used
violence upon the person of the offended
party are know.
Unlike Art. 251, the injured party in this
felony must be one of or some of the
participants in the affray. (Reyes)
ART. 253.
GIVING ASSISTANCE TO SUICIDE
Acts punished:
1. Assisting another to commit suicide,
whether the suicide is consummated or
not; and
2. Lending his assistance to another to
commit suicide to the extent of doing the
killing himself.
137
If a person committing suicide but fails, and
causes damage to another person, the former is
not criminally liable, but may be civilly liable.
Attempting to commit suicide is not an
aunlawful act within the meaning of Art. 253,
thus, the pregnant woman who suffers an
abortion due to the poison she took to commit
suicide should not be held liable for the
abortion that resulted.
Euthanasia is not lending assistance to suicide.
ART. 254
DISCHARGE OF FIREARMS.
Elements:
1. Offender discharges a firearm against or at
another person; and
2. Offender has no intention to kill that person.
There must be no intention to kill.
If in the illegal discharge of firearm the
offended party is hit and wounded, there is a
complex crime of discharge of firearm with
physical injuries when the physical injuries are
serious or less serious. (US v. Marasigan)
SECTION TWO -
INFANTICIDE AND ABORTION
ART. 255.
INFANTICIDE
Elements:
1. Child was killed;
2. Deceased child was less than 3 days (72
hours) of age; and
3. Accused killed the deceased child.
 from the maternal womb which results in the
death of the fetus. (Guevara)
Infanticide
The fetus may be over or less than six months
The killing of any child less than three
old.
days of age, whether the killer is the parent
or grandparent, any other relative of the
child, or a stranger.
Persons liable:
1. Person who intentionally caused abortion
The penalty is that for parricide or murder, under Art. 256; and
but the name of the crime is always
2. Pregnant woman if she consented under Art.
infanticide.
258.

The purpose of concealing the dishonor is

not an element of infanticide; it merely
mitigates the liability of the:
(1) mother or
(2) (2) maternal grandparents who
committed the crime.
The delinquent mother must be of good
reputation and good morals, in order that
concealing dishonor may mitigate her
liability.
Acts punished:
1. Using any violence upon the person of the
pregnant woman;
2. Acting, without using violence and without
the consent of the woman by administering
drugs or beverages upon such pregnant woman
without her consent; and
3. Acting, with the consent of the pregnant
woman, by administering drugs or beverages.

The child must be born alive and fully Elements:

developed, that is, it can sustain an
independent life. (U.S. v. Vedra)
A foetus about six months old cannot
subsist by itself, outside the maternal
womb.
ART. 256.
INTENTIONAL ABORTION
1. There is a Pregnant woman;
2. Violence is exerted, or drugs or beverages
administered, or that the accused otherwise
acts upon such pregnant woman;
3. As a result of the use of violence or drugs or
beverages, the fetus dies, either in the womb or
after having been expelled therefrom; and
4. Abortion is intended.

Abortion
The willful killing of the fetus in the
uterus, or the violent expulsion of the fetus
Abortion v. Infanticide
If the fetus could:
(1) Sustain an independent life, after its
separation from the maternal womb, and

138
(2) It is killed. c. Any of her parents, with her consent,
for the purpose of concealing her
The crime is infanticide.
dishonor.

ART. 257.
UNINTENTIONAL ABORTION
ART. 259.
Elements:
ABORTION PRACTICED BY A
1. Pregnant woman; PHYSICIAN OR MIDWIFE IN
DISPENSING OF ABORTIVES.
2. Violence is used upon such pregnant
woman without intending an abortion; Elements:

3. Violence is intentionally exerted; and 1. Pregnant woman;

4. As a result of the violence, the fetus 2. Abortion is intended;

dies, either in the womb or after having
3. Offender, who must be a physician or
been expelled therefrom.
midwife, causes or assists in causing the
abortion; and

There is a complex crime of homicide with 4. Said physician or midwife takes advantage
unintentional abortion. (People v. of his or her scientific knowledge or skill.
Genoves)
Parricide with abortion. (People v.
Elements for pharmacists:
VIllanueva)
1. Offender is a pharmacist;
2. No proper prescription from a physician;
and
ART. 258. 3. Offender dispenses any abortive.
ABORTION PRACTICED BY THE Doctor who induces abortion to save either
WOMAN HERSELF OR HER the mother’s or the child’s life is not liable.
PARENTS. Art. 11 (4) State of necessity applies.
Elements:
1. Pregnant woman;
2. Abortion is intended; and
SECTION THREE: DUEL
3. Abortion is caused by either:
Duel
a. Pregnant woman herself;
Is a formal or regular combat previously
b. Any other person, with her concerteed between two parties in the presence
consent; or of two or more seconds of lawful age on each
side, who make the selection of arms and fix
all the other conditions of the fight.

139
 CHAPTER TWO:
ART. 260.
PHYSICAL INJURIES
RESPONSIBILITY OF
PARTICIPANTS OF A DUEL.
Acts punished: ART. 262.

1. Killing one’s adversary in a duel; MUTILATION.

2. Inflicting upon such adversary physical

injuries; and
3. Making a combat although no physical
injuries have been inflicted.
Persons liable:
1. Person who killed or inflicted physical
injuries upon his adversary or both
combatants in any other case, as
principals; and
Acts punished and their elements:
1. Intentionally mutilating another by
depriving him, either totally or partially, of
some essential organ for reproduction
(castration); and
Elements:
a) Castration, that is, mutilation of organs
necessary for generation, such as penis or
ovarium; and

2. The seconds, as accomplices. b) Mutilation is caused purposely and

deliberately, that is, to deprive the
offended party of some essential organ for
ART. 261. reproduction.

CHALLENGING TO A DUEL.
Acts punished:
1. Challenging another to a duel;
2.Inciting another to give or accept a
challenge to a duel; and
3. Scoffing or decrying another publicly
for having refused to accept a challenge to
fight a duel.
2. Intentionally making other mutilation, that
is, by lopping or clipping off any part
of the body of the offended party, other than
the essential organ for reproduction, to deprive
him of that part of the body (mayhem).
The offender must have the intention to
deprive the offended party of a part of his
body.

Persons liable:
1. Challengers; and ART. 263
2. Instigators. SERIOUS PHYSICAL INJURIES
How committed:

140
1. Wounding;
2. Beating;
3. Assaulting; or
4. Administering injurious substance.
Serious physical injuries, when
committed:
1. When the injured person becomes
insane, imbecile, impotent or blind in
consequence of the physical injuries
inflicted;
2. When the injured person either:
a. Loses the use of speech or the
power to hear or to smell, or
loses an eye, a hand, a foot, an
arm, or a leg;
b. Loses the use of any such
member; or
c. Becomes incapacitated for the
work in which he was therefore
habitually engaged in
consequence of the physical
injuries inflicted.
3. When the injured person either:
a. Becomes deformed;
b. Loses any other member of his
body;
c. Loses the use thereof; or
d. Becomes ill or incapacitated for
the performance of the work in
which he was habitually engaged
for more than 90 days, in
consequence of the physical
injuries inflicted.
4. When the injured person becomes ill or
incapacitated for labor for more than 30
141
days (but must not be more than 90 days), as a
result of the physical injuries inflicted.
Requisites for deformity:
1. Physical ugliness;
2. Permanent and definite abnormality; and
3. Must be conspicuous and visible.
Qualifying circumstances:
1. Offense committed against persons
enumerated in the crime of parricide; or
2. With the attendance of circumstance which
qualify the crime to murder.
ART. 264.
ADMINISTERING INJURIOUS
SUBSTANCE OR BEVERAGES.
Elements:
1. Offender inflicted upon another any serious
physical injury;
2. It was done by knowingly administering to
him any injurious substances or
beverages or by taking advantage of his
weakness of mind or credulity; and
3. No intent to kill.
Article 264 does not apply when the physical
injuries that result are less serious or slight.
ART. 265.
LESS SERIOUS PHYSICAL INJURIES
Elements:
1. Injured party becomes ill or
incapacitated for labor for 10 to 30 days,
or needs attendance for the same period;
and
2. Physical injuries must not be those
described in the preceding articles.
Qualified less serious physical injuries:
1. A fine not exceeding P500, in addition
to arresto mayor, shall be imposed for less
serious physical injuries when:
a. Manifest intent to insult or offend the
injured person; or
b. Circumstances adding ignominy to
the offense.
2. A higher penalty is imposed when the
victim is either:
a. The offender’s parent, ascendant,
guardian, curator or teacher; or
b. Persons of rank or persons in
authority, provided the crime is not
direct assault.
The law includes 2 subdivisions, to wit:
1. Inability for work; and
2. Necessity for medical attendance.
ART. 266.
SLIGHT PHYSICAL INJURIES AND
MALTREATMENT.
Three Kinds
1. Physical injuries which incapacitated
the offended party from 1 to 9 days, or
required medical attendance during the
same period;
142
2. Physical injuries which did not prevent the
offended party from engaging in his habitual
work or which did not require medical
attendance; and
4. Ill-treatment of another by deed without
causing any injury.
CHAPTER THREE
RAPE
ART. 266-A.
RAPE
Classifications of rape:
1. Rape by Sexual Intercourse -Traditional
Rape/ Organ rape / Penile Rape
The contact of the male penis with the
woman’s vagina is referred to as Rape by
sexual intercouse. (People v Soriano, 388
SCRA 140)
The offender is always a man and the
offended party is always a woman.
1. Man who shall have carnal knowledge of a
woman under any of the following
circumstances:
a. Through force, threat or intimidation;
b. When offended party is deprived of
reason or otherwise unconscious;
c. By means of fraudulent machinations
or grave abuse of authority; or
d. When the offended party is under 12
years of age or is demented, even though
none of the circumstances mentioned
above are present.
2. Rape by Sexual Assault- instrument
or object rape/ gender-free rape-
Elements
1. The offender commits an act of sexual
assault;
2. The act is committed by any of the
following means:
(1) by inserting 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.
3. The act of sexual assault is
accomplished under any of the following
circumstances:
a. Through force, threat
intimidation;
b. When offended party is deprived of
reason or otherwise unconscious;
c. By means of fraudulent
machinations or grave abuse of
authority; or
d. When the offended party is under
12 years of age or is demented, even
though none of the circumstances
mentioned above are present.
There is no crime of frustrated rape.
In the crime of rape, from the
moment the offender has carnal
knowledge of his victim he actually
attains his purpose and, from that
moment also all the essential
elements of the offense have been
accomplished. Nothing more is left to
be done by the offender, because he
has performed the last act necessary
to produce the crime.Thus, the felony
is consummated. We have set the
uniform rule that for the consummation of
rape, perfect penetration is not essential.
Any penetration of the female organ by
the male organ is sufficient. Entry of the
labia or lips of the female organ, without
rupture of the hymen or laceration of the
vagina is sufficient to warrant
conviction. Necessarily, rape is attempted
if there is no penetration of the female
organ because not all acts of execution
was performed. The offender merely
commenced the commission of a felony
directly by overt acts. Taking into
account the nature, elements and manner
of execution of the crime of rape and
jurisprudence on the matter, it is hardly
conceivable how the frustrated stage in
rape can ever be committed. (People v.
Ortia, 184 SCRA 114-115)
or
Statutory Rape
Where the offended party is less than twelve
years of age, rape is committed although she
consented to the sexual act.
ART. 266-B.
QUALIFIED RAPE.
Qualifying circumstances:
1. Committed with the use of a deadly weapon
or by two or more persons;
2. By reason or occasion of rape, the victim
has become insane;
3. Rape is attempted and a homicide is
committed by reason of or on the occasion of
rape (special complex crime);
4. By reason of or on occasion of rape,
homicide is committed (special complex
crime);
143
5. Victim is under 18 years old, and the 13. When the offender knew of the pregnancy
offender is either a: of the offended party at the time of the
commission of the crime;
a. Parent;
14. When the offender knew of the mental
b. Ascendant;
disability, emotional disorder and/or physical
c. Step-parent; disability of the offended party at the time of
the commission of the crime.
d. Guardian;
e. Relative by consanguinity or
affinity within the third civil degree; or ART. 266-C.

f. Common law spouse of the parent EFFECTS OF PARDON.

of the victim.
Effects of pardon:
6. Victim is under the custody of the
1. Subsequent valid marriage between the
police or military authorities or any law
offender and the offended party shall
enforcement or penal institution;
extinguish:
7. When the rape is committed in full view
a. Criminal action; or
of the spouse, parent, or any of the
children or other relatives within the third b. Penalty already imposed.
civil degree of consanguinity;
2. Subsequent forgiveness of the wife to the
8. When the victim is a religious engaged legal husband shall extinguish the criminal
in legitimate religious vocation or calling action or the penalty, provided that the crime
and is personally known to be such by the shall not be extinguished or the penalty shall
offender before or at the time of the not be abated if the marriage is void ab initio.
commission of the crime;
9. When the victim is a child below 7
years old; Rules on marriage between offended and
the offender:
10. When the offender knows that he is
1. Subsequent marriage shall extinguish
afflicted with HIV/AIDS or any other
criminal liability or remit, together with
sexually transmissible disease and the
co-principals, accomplices and accessories.
virus or disease is transmitted to the
victim; 2. But in multiple rape:
11. When committed by any member of For the one who marries, his liability as
the AFP or para-military units thereof of principal and participation in other rapes is
the PNP or any law enforcement agency or extinguished.
penal institution, when the offender took
advantage of his position to facilitate the Liability of others who participated in the rape
commission of the crime; of the marrying offender, but not for their own
or other co-accused.
12. When by reason or on the occasion of
the rape, the victim has suffered Concept of Marital Rape
permanent physical mutilation or
disability;

144
It is now acknowledge that rape, as a form
of sexual violence, existys within
marriage.
ART. 266-D. PRESUMPTIONS.
Evidence which may be accepted in the
prosecution of rape:
1. Any physical overt act
manifesting resistance against the
act of rape in anydegree from the
offended party; or
2. Where the offended party is so
situated as to render him/her
incapable of givinghis/her consent.
TITLE NINE
CRIMES AGAINST
PERSONAL LIBERTY
1. Abandonment of person in danger and
abandonment of one's own victim
2. Abandoning a minor
3. Abandonment of minor by person entrusted
with his custody; indifference of parents
4. Exploitation of minors
5. Trespass to dwelling
6. Other forms of trespass
7. Grave threats
8. Light threats
9. Other light threats
10. Grave coercions
11. Light coercions
12. Other similar coercions
13. Formation, maintenance and prohibition of
combination of capital or labor through
violence or threats

AND SECURITY 14. Discovering secrets through seizure of

correspondence
What are the crimes against liberty?
15. Revealing secrets with abuse of office
1. Kidnapping and serious illegal detention
16. Revelation of industrial secrets
2. Slight illegal detention
3. Unlawful arrest
Chapter One
4. Kidnapping and failure to return a
minor.
Crimes Against Liberty
5. Inducing a minor to abandon his home
6. Slavery Art. 267
7. Exploitation of child labor Kidnapping and serious illegal detention
(RA NO. 7659)
8. Services rendered under compulsion in
payment of debt ELEMENTS:

1. That the offender is a pri vate

individual
What are the crimes against security?

145
2. That he kidnaps or detains another, or 3. When the victim is raped
in any other manner deprives the latter of
his liberty 4. When the victim is subjected to torture
or dehumanizing acts.
3. That the act of detention or
kidnapping must be illegal
The essence of kidnapping is the actual
4. That in the commission of the deprivation of the victims liberty, coupled with
offices, any of the following indubitable proof of the intent of the accused
circumstances is present: to effect such deprivation. (People v.
Borromeo, 380 Phil. 523 (2000))
a. That the kidnapping or
detention lasts for more than 3

Illegal Detention Arbitrary Detention The deprivation required by Article 267 of the
Revised Penal Code means not only the
Committed by a Committed by a imprisonment of a person, but also the
private individual public officer or deprivation of his liberty in whatever form and
who unlawfully employee who for whatever length of time. It includes a
kidnaps, detains or detains a person situation where the victim cannot go out of the
otherwise deprives without legal place of confinement or detention or is
a person of liberty ground. restricted or impeded in his liberty to
move.(People v. Bisda, 454 Phil. 194 (2003))
Crime against Crime aaisnt the
personal liberty fundamental law of
the State

days [72 hours]

Art. 268
b. That it is committed simulating Slight illegal detention
public authority.
Elements
c. That any serious physical injuries
are inflicted upon the person 1. That the offender is a pri vate
kidnapped or detained or threats to individual
kill him are made; or
2. That he kidnaps or detains another, or in any
d. That the person kidnapped other manner deprives him of his liberty
or detained is a minor, female, 3. The act of kidnapping or detention is
or a public officer.
illegal
4. That the crime is committed without the
When maximum of the penalty is attendance of any of the circumstances
imposed: enumerated in art. 267
1. If the purpose of kidnapping or
detention is to extort ransom;
Art. 269
2. When the victim is killed or dies as a
Unlawful arrest
consequence of the detention;

146
1. that the offender arrests or detains a
nother person;
2. that the purpose of the offender is to
deliver him to the proper authorities;
3. that the arrest or detention is not
authorized by law or there is no reasonable
ground therefor
Unlawful arrest
Art126- the Not authorized by
detention is for law
some legal ground
Art. 125 Failing to Committed by
deliver such person making an arrest not
to the proper authorized by law
judicial authority
within a certain
period of time.
Motive of the offender is controlling.
Art. 270
Kidnapping and failure to return a
minor
1. That the offender is entrusted with the
custody of a minor person [whether over or
under 7 years but less than 21 years of age]
2. That he deliberately fails to restore the
said minor to his parents or guardians
The essential element is that the offender is
entrusted with the custody of the minor.
What is 1punished in kidnapping a minor
under Art. 270 is the deliberate failure of
the offender havng the custody of the minor
to restore him to his parents or guardians.
Art. 271
Inducing a minor to abandon his home
147
1. That a minor, whether over or under seven
years of age, is living in the home of his parents
or guardian or the person entrusted with
hiscustody
2. That the offender induces said minor to
abandon such home
Art. 272
Slavery
ELEMENTS
1. That the offender purchases, sells,
kindaps, or detains a human being
2. That the purpose of the offender is
to enslave such human being
The purpose must be determined, If the
purpose is to enslave the victim, it is
slavery; otherwise, it is kidnapping or
illegal detention.
Art. 273
Exploitation of child labor
Elements
1. 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 reimbursement
himself of a debt incurred by an ascendant,
guardian or person entrusted with the custodyof
such minor
Art. 274
Services rendered under compulsion in
payment of debt
ELEMENTS:
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
CHAPTER TWO
CRIMES AGAINST
SECURITY
ART. 275
Abandonment of person in danger and
abandonment of one's own victim
Acts punishable under art. 275
1. By failing to render assistance to any
person whom the offender finds in an
uninhabited place wounded or in danger of
dying when hecan render such assistance
without detriment to himself, unless such
omission shall constitute a more serious offense.
ELEMENTS:
a. The place is uninhabited
b. The accused found there a
person wounded or in danger of dying
c. The accused can render
assistance without detriment to
himself d.The accused fails to
render assistance
2. By failing to help or render assistance
to another whom the offender has
accidentally wounded or injured
148
3.By failing to deliver a child, under seven
years of age whom the offender has found
abandoned to the authorities or to his family, or
byfailing to take him to a safe place.
ART. 276
Abandoning a minor
ELEMENTS:
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
Qualifying Circumstances:
1. when the death of the minor resulted
from such abandonment or
2. if the life of the minor was in danger
because of the abandonment
ART. 277
Abandonment of minor by person entrusted
with his custody; indifference of parents
Acts punished:
1. By delivering a minor to a public institution
or other persons without the consent of the one
who entrusted such minor to the care of the
offender or, in the absence of that one, without the
consent of the proper authorities.
2. By neglecting his offender’s children
by not giving them the education which
their station in life requires and financial
condition permits.
Abandonment of minor by one charged
with the rearing or education of said
minor:
ELEMENTS:
1. That the offender has charge of
the rearing or education of a minor
2. That he delivers said minor to a
public institution or other perons
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 theoffender is absent, the
proper authorities have not consented to it.
Indiferrence of parents
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
ART. 278
Exploitation of minors
Acts punished:
1. By causing any boy or girl under 16
years of ageto perform any dangerous
feat of balancing, physical strength or
contortion, the offender being any
person;
2. By employing children under 16 years
of age who are not the children or
descendants of the offender in
exhibitions of acrobat,
gymnast,rope-walker, diver, or wild
animal tamer, the offender being an
149
acrobat, etc. or circus manager or person
engaged in a similar calling.
3. By employing any descendant under 12
years of age in dangerous exhibitions
enumerated in the next preceding par. The
offender being engaged in any of the said
callings
4. By delivering a child under 16 years of age
gratuitously to any person following any
of the callings enumerated in par. 2 or
to any habitualvagrant 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 years of
age to abandon the home its ascendants,
guardians, curators or teachers to follow
any personengaged in any of the callings
mentioned in par. 2 or to accompany any
habitual vagrant or beggar, the offender being
any person.
ART. 280 Trespass to dwelling
QUALIFIED TRESPASS TO DWELLING
ELEMENTS:
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;
Dwelling place
means any building or structure exclusively
devoted for rest and comfort, as distinguished
from places devoted to
business or office.
Dwelling includes a room when occupied by
another person.

ART. 281
Other forms of trespass
ELEMENTS:
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.
ART. 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
Elements:
a. That the offender threatens
another person with the infliction
upon the latter’s person, honor or
property, or upon that of the
latter’s family, of any wrong.
b. That such wrong amounts to
a crime.
c. That there is a demand for
money or that any other
condition is imposed, even
though not unlawful.
150
d. That the offender attains his
purpose.
1. By making such threat without the
offender attaining his purpose
2. 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
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
Aggravating circumstances:
1. Made in writing ; or
2. Through a middle man
ART. 283
Light threats
Elements:
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. 285
Other light threats
Acts punished:
1. By threatening another with a
weapon, or drawing weapon in a
quarrel unless in self-defense.
Two acts are punished:
a. Threatening another with a
weaponm even if there is no
quarrel; and
b. Drawing a weapon in a quarrel,
which is not in lawful self-defense.
2. In the heat of anger, by orally
threatens another with some harm
constituting a crime, without
persisting in the idea involved in the
threat. Subsequent acts did not
persist.
3. Offender orally threatens another with
harm not constituting a felony.
ART. 286
Grave coercion
Two ways of committing grave
coercions:
1. By preventing another by means of
violence, threats or intimidation, from
doing something not prohibited by law;
2. By compelling another, by means of
violence, threats or intimidation, to do
something against his will, whether it be
right or wrong.
151
ELEMENTS:
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.
ART. 287
Light coercions
1. The offender must be a creditor
2. That he seizes anything belong 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
ART. 288
Other similar coercions
Acts punished:
1. By forcing or compelling, directly or
indirectly, or knowingly permitting the forcin
or compelling of the laborer or employee of
the offender to purchase merchandise or
commodities of any kind from him.
2. By paying the wages due his laborer or
employee by means of tokens or objects other
than the legal tender currency of the
Philippines, unless expressly requested by 4.That offender is informed of the contents
such laborer or employee. of the papers or letters seized

ELEMENTS OF NO. 1
ART. 291
1. That the offender is any person, agent or
officer of any association or corporation. Revealing secrets with abuse of office
Elements:
2. That he or such firm or corporation has
employed laborers or employees. 1. That the offender is a manager,
employee or servant
3. That he forces or compels, directly or
indirectly, or knowingly permits to be 2. That he learns the secrets of his
forced or compelled, any of his or its principal or master in such capacity
laborers or employees to purchase
merchandise or commodities of any kind 3. That he reveals such secrets
from his or from said firm or corporation.

ELEMENTS OF 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.
ART. 292
Revelation of industrial secrets
Elements:
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 prejudice is caused to the owner.

ART. 290
Discovering secrets through seizure of
correspondence TITLE TEN
Elements:
1. That the offender is a private individual CRIMES AGAINST
or even a public officer not in the PROPERTY
exercise of his official function.

2. That he seizes the papers or letters

of another
CHAPTER ONE:
3. That the purpose is to discover the
secrets of such another person ROBBERY IN GENERAL

152
 ART. 293. Acts punished:
WHO ARE GUILTY OF ROBBERY. 1. When by reason or on occasion of the
robbery, the crime of homicide is committed
or when robbery is accompanied by rape or
Robbery intentional mutilation or arson;

the taking of personal property belonging 2. When by reason or on occasion of such

to another, with intent to gain, by means of
violence against, or intimidation of any
person, or using force upon anything.
Classifications of robbery:
1. Robbery with violence against, or
intimidation of persons (Arts. 294, 297
and 298); and
2. Robbery by use of force upon things
(Arts. 299 and 302).
Elements of robbery in general:
robbery any of the physical injuries resulting
in insanity, imbecility, impotency or blindness
is inflicted (subdivision 1 of Art. 263);
3. When by reason or on occasion of robbery,
any of the physical injuries penalized in
subdivision 2 of Art. 263 is inflicted;
Person injured:
a. Loses the use of speech or
the power to hear or to smell, or
loses an eye, a hand, a foot, an
arm, or a leg;
b. Loses the use of any such
member; or

1. Personal property belonging to c. Becomes incapacitated for

another; the work in which he was therefor
habitually engaged, in
2. Unlawful taking of that property; consequence of the physical
injuries.
3. Intent to gain; and
4. Violence against or intimidation of
any person or force upon things. 4. If the violence or intimidation employed in
the commission of the robbery is carried to a
degree clearly unnecessary for the commission
SECTION ONE: of the crime or when in the course of its
execution, the offender shall have inflicted
ROBBERY WITH VIOLENCE upon any person not responsible for its
AGAINST OR INTIMIDATION OF commission physical injuries covered by
PERSONS. subdivisions 3 and 4 of Art. 263.
Person injured:
ART. 294. a. Becomes deformed;
ROBBERY WITH VIOLENCE b. Loses any other members of his body;
AGAINST OR INTIMIDATION OF
PERSONS c. Loses the use thereof; or
d. Becomes ill or incapacitated for the
performance of the workin which he was

153
 habitually engaged for more than 90 5. On a street road, highway, or alley, and
days, in consequence of the physical the intimidation is made with use of firearms,
injuries inflicted. the offender shall be punished by the
maximum period or the proper penalties
prescribed in Art. 294.
Animus lucrandi
intent to gain – an internal act which can
ART. 296.
be established through theovert acts of the
offender. It is presumed when one is found DEFINITION OF A BAND AND
in possession of stolen goods. PENALTY INCURRED BY THE
MEMBERS THEREOF

Taking
Elements:
depriving the offended party of
ownership of the thing taken with the 1. He was a member of the band;
character of permanency.
2. He was present at the commission of a
The taking should not be under a claim of robbery by the band;
ownership.
3. Other members of that band committed
an assault; and
ART. 295. 4. He did not attempt to prevent the
assault.
ROBBERY WITH PHYSICAL
INJURIES, COMMITTED IN AN
UNINHABITED PLACE AND BY A
Band
BAND, OR WITH THE USE OF
FIREARM ON A STREET, ROAD OR When at least 4 armed malefactors take part in
ALLEY. the commission of a robbery, it is deemed
committed by a band;
When any of the arms used in the commission
Qualified robbery with violence against
of robbery is not licensed, the penalty upon all
or intimidation of persons:
malefactors shall be the maximum of the
1. In an uninhabited place; corresponding penalty provided by law
without prejudice to the criminal liability for
2. By a band;
illegal possession of firearms.
3. Attacking a moving train, street
Any member of a band who was present at the
car, motor vehicle, or airship;
commission of a robbery by the band, shallbe
4. Entering the passengers’ punished as principal of any assaults
compartments in a train, or in any manner committed by the band, unless it be shown that
taking the he attempted to prevent the same.

passengers by surprise in their

respective conveyances; or
ART. 297.

154
 ATTEMPTED AND FRUSTRATED Elements:
ROBBERY COMMITTED UNDER
1. Offender entered:
CERTAIN CIRCUMSTANCES
a. Inhabited house;
b. Public building; or
Special complex crime:
c. Edifice devoted to religious
1. When by reason or on occasion of an
worship.
attempted or frustrated robbery, a
homicide is committed. 2. Entrance was effected by any of the
following means:
The penalty is the same whether the
robbery is attempted or frustrated. a. Through an opening not
intended for entrance or egress;
Unless the homicide committed shall
deserve a higher penalty” – parricide, b. Breaking any wall, roof,
murder, infanticide. floor, door, or window;
c. Using false keys, picklocks
or similar tools; or
ART. 298.
d. Using any fictitious name or
EXECUTION OF DEEDS BY MEANS
pretending the exercise of
OF VIOLENCE OR INTIMIDATION.
public authority.
Elements:
3. Once inside, the offender took personal
1. Intent to defraud; property belonging to another with intent to
gain.
2. Offender compels him to sign, execute,
or deliver any public instrument or
document; and Inhabited house
3. Compulsion is by means of violence or any shelter, ship, or vessel constituting the
intimidation. dwelling of one or more persons, even though
the inhabitants thereof shall temporarily be
absent therefrom whenthe robbery is
SECTION TWO committed.

ROBBERY BY THE USE OF FORCE Public building

UPON THINGS a building owned, used or rented by the
government although temporarily unoccupied
by it.
ART. 299.
ROBBERY IN AN INHABITED
HOUSE OR PUBLIC BUILDING OR Kinds of force:
EDIFICE DEVOTED TO WORSHIP
1. Actual force; and
2. Constructive force.
Subdivision (a)

155
 1. Offender entered an uninhabited place or a
building which was not a dwelling
ART. 300.
house, public building, or an edifice devoted to
ROBBERY IN AN UNINHABITED
religious worship;
PLACE AND BY A BAND.
2. Any of the following circumstances was
present:
Under this article, robbery with force upon
a. Entrance was effected through an
things is qualified when committed in an
opening not intended for entrance or
uninhabited place AND by a band, as
egress;
distinguished from Qualified Robbery
with Violence or Intimidation of Persons b. A wall, roof, floor, or outside
(Art. 295) which is committed in an door or window was broken;
uninhabited place OR by a band.
c. Entrance was effected through the
use of false keys, picklocks or other
similar tools;
ART. 301.
d. A door, wardrobe, chest, or any
WHAT IS AN INHABITED HOUSE, sealed or closed furniture or
PUBIC BUILDING, OR BUILDING receptacle was broken; or
DEDICATED TO RELIGIOUS
WORSHIP AND THEIR e. A closed or sealed receptacle was
DEPENDENCIES. removed, even if the same be
broken or opened elsewhere.
3. Entrance was effected through an opening
Dependencies of an inhabited house,
not intended for entrance or egress.
public building or building dedicated to
religious worship all interior courts,
corrals, warehouses, granaries or enclosed
places: ART. 303.

1. Contiguous to the building or edifice; ROBBERY OF CEREALS, FRUITS, OR

FIREWOOD IN AN UNINHABITED
2. Having an interior entrance connected PLACE OR PRIVATE BUILDING.
therewith; and
3. Form part of the whole.
Penalty is 1 degree lower when cereals
(seedlings), fruits, or firewood are taken in
robbery with force upon things.
ART. 302.
ROBBERY IN AN UNINHABITED
PLACE OR IN A PRIVATE
ART. 304.
BUILDING.
POSSESSION OF PICKLOCKS OR
SIMILAR TOOLS.
Elements:

156
 Elements:
1. Offender has in his possession
picklocks or similar tools;
2. Such picklocks or similar tools are
specially adopted to the commission of
robbery; and
3. Offender does not have lawful
cause for such possession.
ART. 305.
FALSE KEYS.
Inclusions:
1. Tools not mentioned in the next
preceding article;
2. Genuine keys stolen from the
owner; and
3. Any keys other than those intended
by the owner for use in the lock
forcibly opened by the offender.
CHAPTER TWO:
BRIGANDAGE
ART. 306.
WHO ARE BRIGANDS
Elements
1. At least 4 armed persons;
2. Formed a band of robbers;
3. Purpose is any of the following:
a. Commit robbery in a highway;
157
b. Kidnap persons for the purpose of
extortion or to obtain ransom; or
c. Attain by means of force or
violence any other purpose.
Presumption:
All are presumed to be highway robbers or
brigands, if any of them carryunlicensed
firearm.
The only things to prove are:
1. There is an organization of more than 3
armed persons forming a band of robbers;
2. Purpose is any of those enumerated in Art.
306;
3. They went upon the highway or or roamed
upon the country for that purpose; and
4. Accused is a member of such band.
ART. 307.
AIDING AND ABETTING A BAND OF
BRIGANDS.
Elements:
1. Band of brigands;
2. Offender knows the band of brigands;
3. Offender does any of the following acts:
a. Aids, abets or protects such band of
brigands;
b. Gives them information on the
movements of the police or other peace
officers of the government; or
c. Acquires or receives property taken
by such brigands.
 CHAPTER THREE: Only physical possession, not juridical
possession as distinguished from estafa.
THEFT
Basis of the penalty:
1. Value of the thing stolen, and in some cases,
ART. 308
2. Value and nature of the property taken; and
WHO ARE LIABLE FOR THEFT.
3. Circumstance or causes that impelled the
culprit to commit the crime.

Elements:
1. Taking of personal property; Qualifying circumstances:

2. Belongs to another; 1. Committed by a domestic servant;

3. Intent to gain; 2. Committed with grave abuse of confidence;

4. Without consent of the owner; and 3. Property stolen is either:

5. Accomplished without the use of a. Motor vehicle;

violence against or intimidation of persons
b. Mail matter; or
or force upon things
c. Large cattle.
4. Property stolen consists of coconuts taken
Theft is also committed by:
from the premises of plantation;
1. Any person who, having found lost
5. Property stolen is taken from a fishpond or
property, shall fail to deliver the same to
fishery; or
the local authorities or to its owner;
6. Property is taken on the occasion of fire,
2. Any person who, after having
earthquake, typhoon, volcanic eruption, or any
maliciously damaged the property of
other calamity, vehicular accident or civil
another, shall remove or make use of the
disturbance.
fruits or object of the damage caused by
him; and CHAPTER FOUR
3. Any person who shall enter an enclosed
estate or a field where trespass is USURPATION
forbidden or which belongs to another and
without the consent of its owner; shall
hunt or fish upon the same or shall gather
fruits, cereals (seedlings), or other forest or ART. 312
farm products. Occupation of real property or usurpation
of real rights in property

Opportunity to dispose is immaterial.

Elements:

158
1. Offender takes possession of any real
property or usurps any real rights in
property;
2. Belongs to another;
3. Violence against or intimidation of
persons is used by the offender; and
4. Intent to gain.
ART. 313
Altering Boundaries or landmarks
Elements:
1. Boundary marks or monuments of
towns, provinces, or estates, or any other
marks intended to designate
boundaries of the same; and
2. Offender alters said boundary marks.
CHAPTER FIVE:
CULPABLE INSOLVENCY
ART. 314
Fraudulent insolvency
Elements:
1. Offender is a debtor, that is, he has
obligations due and demandable;
2. He absconds with his property; and
3. Prejudice to his creditors
Chapter Six
Swindling
Art 315
SWINDLING/ESTAFA
Elements of estafa in general:
(a) that an accused defrauded another by abuse
of confidence, or by means of deceit; and
(b) that damage and prejudice capable of
pecuniary estimation is caused the offended
party or third person. (Sy v. People, G.R. No.
183879)
the Ways of committing estafa:
By means of abuse of confidence
1. With unfaithfulness or abuse of
Confidence
a) With unfaithfulness
b) Abuse of confidence
c) By taking undue advantage of the
signature in blank
By means of deceit
2. By means of False Pretensesor fraudulent
acts
a) Using fictitious name or fals
pretenses and other similar deceit
(Art. 315, 2-A)
b) By altering the quality or fineness or
weight of anything pertaining to his
art or business (Art. 315, 2-B)
c) By pretending to have bribed any
Government employee (Art. 315,
2-C)
d) By postdating a check or issuing a
check in payment of an obligation
(Art. 315, 2-D)
159
 e) By obtaining food or (1) the offended party being deprived of his
accomodation at a hotel, inn, money or property as a result of the
restaurant, boarding house, defraudation;
lodging house, or apartment
house and the like without (2) disturbance in property right; or
paying therefor, with intent to
defraud the proprietor or (3) temporary prejudice.
manager(Art. 315, 2-E)
(Nagrampa v. People of the Philippines, 435
Phil. 441, 455 (2002))
3. Fraudulent means

a) By inducing another to sign any

document (Art. 315 3-A)
b) By resorting to some fraudulent
practice to insure success in
gambling (Art. 315, 3B)
c) By removing, concealing or
destroying documents (Art. 315,
3C)
2. Estafa with abuse of confidence (Art. 315,
1(b))
Elements
1. That money, goods or other personal
properties are 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 is a misappropriation or

Estafa with unfaithfulness or abuse of
confidence
1. Estafa with unfaithfulness (Art. 315,
1(a)
Elements:
1. That the offender has an onerous
obligation to deliver something of
value;
2. That he alters it susbstance,
quantity or quality;
3. That damage or prejudice capable
of pecuniary estimation is caused to
the offended party or third persons.
The obligation may be based on an
immoral or illegal consideration.
Damage as an element of estafa may
consist in:
conversion of such money or property by
the offender or denial on his part of such
receipt;
3. That such misappropriation or
conversion or denial is to the prejudice of
another; and
4 That there is a demand made by the
offended party on the offender.
(Cruzvale, Inc. v. Eduque, G.R. Nos.
172785-86, June 18, 2009)
The words "convert" and
"misappropriate" connote an act of
using or disposing of another’s
property as if it were one’s own or
devoting it to a purpose or use
different from that agreed upon.To
misappropriate for one’s own use
includes not only conversion to one’s
personal advantage but also every
attempt to dispose of the property of

160
another without any right. (Tony c) That above the signature of the
Tan vs. People, G.R. No. 153460) offended party a document is written by the
offender without authority to do so; and
Possession
1. Material possession - the d) That the documentt so written creates a
actual physical possessiojn of liability of, or causes damage to the offended
personal property, where the party or any third person.
possessor cannot claim a bettter
right to such property than that of Estafa by means of deceit
its owner.
(a) that there must be a false pretense or
2. Juridical possession- the fraudulent representation as to his power,
possession of the personal influence, qualifications, property, credit,
property which arises from a agency, business or imaginary transactions;
lawful causation, contract or
(b) that such false pretense or fraudulent
agreement, express or implied,
representation was made or executed prior to
written or unwrittedn, or by virtue
or simultaneously with the commission of the
of a provision of law.
fraud;
Theft Estafa with (c) that the offended party relied on the false
abuse of pretense, fraudulent act, or fraudulent means
confidence and was induced to part with his money or
property; and
The offender The offender
takes the thing receives the (d) that, as a result thereof, the offended party
without the thing from the suffered damage. (R.R. Paredes v. Calilung,
owner’s consent. offended G.R. No. 156055, March 5, 2007, 517 SCRA
party. 369; Cosme, Jr. v. People, G.R. No. 149753,
The offender The offender November 27, 2006)
acquires only the acquires also the
material juridical possession
possession of the of the thing and the
thing. offender Ways of committing Estafa by Means of
misappropriates it. Deceit

(a) By using fictitious name

3 Estafa by taking undue advantage of
the signature in blank (Art. 315, No. (b) By falsely pretending to possess
1-C) a) Power

a) That the paper with the signature of b) Influence

the offended party be in blank; c) Qualifications

b) That the offended party should d) Property

have delivered it to the offender; e) Credit
f) Agency

161
 g) Busniess or imaginary with the document who is not officially
transactions entrusted with the
documents
(c) By means of other similar deceits

Intent to defraud is There is intent to

Estafa through Fraudulent means (Art. not necessary defraud
315, 3)
1. Estafa by inducing another to sign
any document (Art. 315, 3(a)
Elements: ART. 316

(a) That the offender induced the Other forms of Swindling

offended party to sign a document;
(b) That deceit be employed to make
him sign the document;
(c) That the offended party personally
signed the document; and
(d) That prejudice be caused.
2. Estafa by resorting to some
fraudulent practice to insure success in
gambling (Art. 315, 3(b))
Persons liable:
1. Any person who, pretending to be the owner
of any real property, shall (a) convery, (b) sell,
(c) encumber or (d) mortgage the same;
Elements:
1. That the thing be immovable;
2. That thte offender who is not the owner
of said property should represent that he
is the owner thereof;
3. Tht the offender should have executed
an act of ownership;

3. Estafa by removing, concealing or 4. That the act be made to the prejudice of

destroying documents (Art. 315 No. the owner or a third person.
3(c)) If the thing does not exist, the crime
Elements: committed is estafa by means of false
pretenses.
(a) That there be court record, office files,
documents or any other papers; 2. Any person who knowing the real property
is encumbered, shall dispose the same,
(b) That the offender removed, concealed although such encumberance be not recorded;
or destroyed any of them;
Elements:
(c) That the offender had intent to defraud
another. 1. That the thing disposed of be real
property;
If there is no intent to defraud, the crime
committed is malicious mischief. 2. That the offender knew that the real
property was encumbered, whether the
Infidelity in the Estafa by removing ecumbrance is reocrded or not;
custody of etc.,
document 3. That there must be express
representation by the offender that the real
Offender is a public The offender is a property is free from encumbrance;
officer who is private individual
officially entrusted or public officer

162
 4. That the act of disposing of the real
property be made to the damage oof
another.
3. Owner of any personal property who
shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or
any third person.
4. Any person who, to the prejudice of
another, shall execute any fictitious
contract;
5. Any person who shall accept any
compensation for services not rendered or
for labor not performed.
6. Any person who shall sell, mortgage or
encumber real property with which the
offender guaranteed the fulfillment of his
obligation as surety.
Elements:
1. That the offender is a surety in a
bond giver 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
manner encumbers said real property;
and
4. That such sale, mortgage or
encumbrance is:
a) Without express authority from
the court,
b) Made before the cancellation of
his bond;
c) Before being relieved from the
obligation contracted by him.
ART. 317
Swindling a Minor
163
Elements:
1. That thte offender takes advantage of the
inexperience or emotions or feelings of a
minor;
2. That he induces such minor to assume an
obligation, or to give release or to execute a
tranfer of any property right;
3. That the consideration is some loan of
money, credit, or other personal property
4. That the transaction is to the detriment of
the minor.
ART. 318
Other Deceits
Acts punished:
1. Defrauding or damaging another by any
other deceit not mentioned in the preceding
articles; and
2. Interpreting dreams, by making forecasts,
by telling fortunes, or by taking advantage of
the credulity of the public in any other similar
manner, for profit or gain.
CHAPTER SEVEN
CHATTEL MORTGAGE
Acts punishable and their elements:
1. Knowingly removing any personal property
mortgaged under the Chattel Mortgage Law to
any province or city other than the one in
which it is located at the time of execution of
the mortgage, without the written consent of
the mortgagee or his executors, administrators
or assigns; and
Elements:
1. Personal property is mortgaged under
Chattel MortgageLaw;
2. Knowledge that such property is
mortgaged;
3. Offender removes such mortgaged
property to any province or city other than
the one in which it was located at the time
of the execution of the mortgage;
4. Removal is permanent; and
5.No written consent of the mortgagee,
executors, administrators or assigns to
such removal.
Sale or Pledged of Mortgaged Property
Elements:
1. Personal property is pledged under
Chattel Mortgage Law;
2. Offender, who is the mortgagor, sells or
pledges the same property or any part
thereof; and
3. No consent of mortgagee written on the
back of the mortgage and noted on the
record thereof in the Office of the register
of deeds.
CHAPTER NINE:
MALICIOUS MISCHIEF
Elements:
1. Offender deliberately caused damage to
the property of another;
2. Such act does not constitute arson or
other crimes involving destruction; and
3. Act of damaging another’s property be
committed merely for the sake of
damaging it.
ART. 328
Special Cases of Malicious Mischief
Qualified Malicious Mischief
164
1. Causing damage to obstruct the
performance of public functions;
2. Using poisonous or corrosive substances;
3. Spreading any infection or contagion among
cattle; and
4. Causing damage to the property of the
National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public
ART. 329
Other Mischiefs
Mischiefs not included in the next preceding
article and are punished according to the value
of the damage caused.
ART. 330
Damage and Obstruction to Means of
Communication
Person liable
any person who shall damage any railway,
telegraph or telephone lines.
Qualifying circumstance
damage shall result in the derailment of cars,
collision or other accident.
ART. 331
DESTROYING OR DAMAGING
STATUTES PUBLIC MONUMENTS OR
PAINTINGS
Persons liable:
1. Any person who shall destroy or damage
statues or any other useful orornamental public
monuments; and
2. Any person who shall destroy or
damage any useful or ornamental painting
of a public nature.
CHAPTER TEN:
EXEMPTION FROM
CRIMINAL LIABILITY IN
CRIMES AGAINST
PROPERTY
Crimes involved in the exception:
1. Theft;
2. Swindling; and
3. Malicious mischief.
Persons exempted:
1. Spouses, ascendants and descendants, or
relatives by affinity on the same line;
2. Widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have passed
to the possession of another;
3. Brothers and sisters and brothers in law
and sisters in law, if living together; and
4. Stepfather, adopted father, natural
children, concubine, paramour included as
ascendants by affinity.
Includes :
1. common law relationship.
2. legal separated: provided there is yet
no dissolution of conjugal partnership.
3. In-laws
4. Illegitimate children; provided that they
are recognized
165
TITLE ELEVEN
CRIMES AGAINST
CHASTITY
What are the crimes against chastity?
(1) Adultery. (Art. 333)
(2) Concubinage. (Art. 334)
(3) Acts of lasciviousness. (Art. 336)
(4) Qualified seduction. (Art. 337)
(5) Simple seduction. (Art. 338)
(6) Acts of lasciviousness with the consent of
the offended party. (Art. 339)
(7) Corruption of minors. (Art. 340)
(8) White slave trade. (Art. 341)
(9) Forcible abduction. (Art. 342)
(10) Consented abduction. (Art. 343)
The crimes against chastity which cannot be
prosecuted de officio:
1. Adultery
2. Concubinage
3. Acts of lasciviousness with or without
consent
4. Seduction (Qualified or Simple)
5. Abduction which may be forcible or
consented
CHAPTER ONE
ADULTERY AND CONCUBINAGE
ART. 333
WHO ARE GUILTY OF ADULTERY.
Who are liable:
 1. Married woman who engages in
sexual intercourse with a man not her
husband; and
2. Man who, knowing o the marriage
of the woman, has sexual intercourse with
her.
Elements:
1. That the Woman is married;
2. She has sexual intercourse with a
man not her husband; and
3. With regards to the man with whom
she has sexual intercourse, he must
know her to be married.
The death of the paramour will not bar
prosecution against the unfaithful wife,
because the requirement that both
offenders be included in the complaint is
absolute only when the offenders are alive.
(Art. 344, Par. 2)
The criminal liability iis mitigated when
adultery is committed while abandoned by
her husband without justification. (Art.
333, Last paragraph)
The gist of the crime of adultery is the
danger of introducing spurious heirs into
the family, where the rights of the real
heirs may be impaired and a man may be
charged with the maintenance of a family
not his own. (U.S. vs. Mata, 18 Phil. 490)
Effect of the acquittal of one of the
defendants
It does not operate as a cause for acquittal
of the other.
Reasons:
(a) There may not be a joint criminal
intent, although there is joint physical act.
166
(b) Thus, one of the parties may be insane and
the other sane, in which case, only the sane
could be held liable criminally.
(c) Thus, also, the man may not know that the
woman is married, in which case, the man is
innocent.
(d) Thus, also, the death of the woman during
the pendency of the action cannot defeat the
trial and conviction of the man. (U.S. vs. De
la Torre and Gregorio, 25 Phil. 36)
(e) Even if the man had left the country and
could not be apprehended, the woman can be
tried and convicted. (U.S. vs. Topino and
Guzman, 35 Phil. 901) (Reyes)
ART. 334
CONCUBINAGE.
Who are liable:
1. Married man; and
2. Woman who knew that the man was
married.
Elements:
1. Man must be married;
2. He committed any of the following
acts:
a. Keeping a mistress in the conjugal
dwelling; or
b. Having sexual intercourse under
scandalous circumstances with a woman
who is not his wife.
3. As regards to the woman, she must know
him to be married. (Reyes)
Mistress must live in the conjugal dwelling as
such, not a relative or anything else
 3. It is done under any of the following
circumstances:
Like adultery, concubinage is a violation
of the marital vow. It is, however, unlike a. Using force or intimidation;
adultery in the sense that the infidelity of
b. Offended party is deprived of
the husband does not bring into the family,
reason or otherwise unconscious;
spurious offspring.(Reyes)
c. Fraudulent machination or grave
abuse of authority; and
Conjugal Dwelling d. Offended party is under 12 years
of age or is demented.
the home of the husband and wife even if
the wife happens to be temporarily absent Attempted Rape Acts of
on any account. (Id.) Lasciviousness
Common denominator: Manner of
Cohabit commission and performance of lascivious
conduct
dwell together, in the manner of husband
and wife, for some period of time, as When the acts There is no intent to
distinguished from occasional, transient performed by the have sexual
interviews for unlawful intercourse. offender clearly intercourse
Hence, the offense is not a single act of indicate that his
adultery; it is cohabiting in a state of purpose was to lie
adultery which may be a week, a month, a with the offended
year or longer. (People vs. Pitoc, et al., 43 woman.
Phil. 760) The lascivious acts The lascivious acts
are but the are the final
preparatory acts to objective sought by
CHAPTER TWO: the commission of the offender.
rape.
ACTS OF LASCIVIOUSNESS
In cases of acts of lasciviousness, it is not
ART. 336. necessary that intimidation be irresistible. It is
sufficient that some compulsion equivalent to
ACTS OF LASCIVIOUSNESS. intimidation annuls or subdues the free
exercise of the will of the offended party.
(People v. Victor, G.R. No. 127904)
Elements:
1. Offender commits any act of
lasciviousness or lewdness;
2. Act of lasciviousness is CHAPTER THREE:
committed against a person of
either sex;

167
 SEDUCTION, CORRUPTION 2. Those who abused confidence
reposed in them:
OF MINORS, AND WHITE
SLAVE TRADE a. Priest;
b. House servant; or

ART. 337. c. Domestic – any person living under

QUALIFIED SEDUCTION.
Classes of the violation:
1. Seduction of a virgin over 121
years and under 17 years of age by persons
who abuse their authority or the
confidence reposed; and
2. Seduction of a sister by her brother
or descendant by her ascendant, regardless
of her age and reputation.
Elements:
1. Offended party is a virgin;
2. She must be over 12 and under
18 years of age;
3. Offender had sexual
intercourse with her; and
4. There is abuse of authority,
confidence or relationship on the
part of the offender.
Who are liable:
the same roof as a member of the same
household, and includes boarders or
house-guests but not transients, helpers
or visitors.
3. Those who abused their relationship:
a. Brother who seduced his sister; or
b. Ascendant who seduced his
descendant.
The fact that the girl gave her consent to the
sexual intercourse is no defense.
In the same way, lack of consent of the girl is
not an element of the offense.
The offended party must be a virgin, over 12
and under 18 years of age.
Incest
the seduction of a sister or descendant.
Virginity
presumed if the woman is unmarried and of
good reputation.

1. Those who abused their

authority:
a. Persons in public authority;
b. Guardian;
c. Teacher; or
d. Person who, in any capacity, is
entrusted with the education or
custody of the woman seduced.
If there is no sexual intercourse and only acts
of lewdness are performed, the crime is act of
lasciviousness under Art. 339.
Domestic
person usually living under the same roof,
pertaining to the same house.

168
If any of the circumstances in the crime of 3. Offender accomplishes the acts by
rape is present, the crime is not to be abuse of authority, confidence,
punished under this article. relationship or deceit.

ART. 338. Art. 339 Art. 336

SIMPLE SEDUCTION. Both Art. 336 and Art. 339 treat of acts of
lasciviousness.

the acts of the acts are

Elements:
lasciviousness are committed under
1. Offended party is over 12 and under committed under circumstances
18 years of age; the circumstances which, had there
which, had there been carnal
2. She must be of good reputation, been carnal knowledge, would
single or widow; knowledge, would amount to rape
3. Offender has sexual intercourse with amount to either
her; and qualified seduction
or simple seduction.
4. Deceit. There may be
consent, but there is
either abuse of
Deceit generally takes the form of authority,
unfulfilled promise of marriage and this confidence, or
promise need not immediately precede the relationship, or
carnal act. (People vs. Iman, 62 Phil. 92) deceit.
Virginity of offended party is not required.

ART. 339 ART. 340

ACTS OF LASCIVIOUSNESS WITH CORRUPTION OF MINORS.
THE CONSENT OF THE OFFENDED
PARTY
Prohibited acts:

Elements: To promote or facilitate the prostitution or

corruption persons under age to satisfy the lust
1. Offender commits acts of of another.
lasciviousness or lewdness;
2. Acts are committed upon a woman
who is a virgin or single or a widow She or he must be of good reputation, not a
of good reputation, under 18 years of prostitute or corrupted person. (Guevara)
age but over 12 years, or a sister or
descendant regardless of her
reputation or age; and ART. 341

169
 WHITE SLAVE TRADE.
Acts punished: (EPE)
1. Engaging in the business of
prostitution;
2. Profiting by prostitution; and
3. Enlisting the services of women for
the purpose of prostitution.
The presence of the maintainer or manager
of a house of ill-repute at the time of a raid
or an arrest or while the illicit traffic is
being conducted is not a condition to a
criminal prosecution against
maintainer or manager. (People vs. Sta.
Maria, G.R. No. 12875-R, June 21, 1957)
CHAPTER FOUR
ABDUCTION
Abduction
the taking away of a woman from her
house or the place where she may be for
the purpose of carrying her to another
place with intent to marry or to corrupt
her." (Viada, cited in People vs.
Crisostomo, 46 Phil. 780)
2 kinds of abduction:
1. Forcible abduction; and
2. Consented abduction.
ART. 342
FORCIBLE ABDUCTION.
Elements:
1. Person abducted is a woman, regardless
of her age, civil status, or reputation;
2. Abduction is against her will; and
3. Abduction is with lewd design.
The woman abducted may be married.
If there was sexual intercourse after the
forcible abduction, and the offender used force
or intimidation, or when the woman was
deprived of reason, is demented or otherwise
unconscious, or the victim was under 12 years
such of age, the offender is liable for the complex
crime of forcible abduction with rape under
Art. 266-A in relation to Arts. 335 and 342 of
the Code. (Reyes)
ART. 343
CONSENTED ABDUCTION.
Elements:
1. Offended party must be a virgin;
2. She must be over 12 and under 18
years of age;
3. The taking away of the offended party
must be with her consent, after
solicitation or cajolery from the offender;
and
4. Lewd design.
If the offended party is under 12 years of age,
the crime committed is forcible abduction,
even if the girl agrees to the elopement.
The purpose of the law is not to punish the
wrong done to the girl, because she consents
thereto, but to prescribe punishment for the
disgrace to her family and the alarm caused
therein by the disappearance of the one who is,
170
by her age and sex, susceptible to cajolery Seduction, abduction and acts of
and deceit. (U.S. vs. Reyes, 20 Phil. 510) lasciviousness:
1. Must be prosecuted upon the complaint
signed by the offended party; and
Even if a minor;
Crimes against chastity where age and
reputation of victim are immaterial. If of legal age and not incapacitated, only she
can file complaint.
1. Rape;
2. In the absence of an express pardon.
2. Acts of lasciviousness against the will
or without the consent of the offended If a minor or incapacitated and refuses to
party; file either of the next succeeding persons
may file:
3. Qualified seduction of sister or
descendant;
4. Forcible abduction. 1. Either of the parents;
2. Either of the grandparents whether
paternal or maternal side;
3. Legal or judicial guardians; and
CHAPTER FIVE 4. State, as parens patriae when the
offender party dies or becomes
PROVISIONS RELATIVE TO incapacitatedbefore she could file the
THE PRECEDING CHAPTERS complaint and she has no known parents,
OF TITLE ELEVEN grandparents or guardians.

Pardon in Crimes Against Chastity

ART. 344. Pardon in adultery and concubinage must

come BEFORE the institution of the crimal
PROSECUTION OF THE CRIMES OF action and BOTH offenders must be pardoned
ADULTERY, CONCUBINAGE, by the offended party if said pardon is to be
SEDUCTION, ABDUCTION,RAPE effective. (People v. Infante, G.R. No.
AND ACTS OF LASCIVIOUSNESS. L-36270)
In seduction, pardon must also come before
the institution of the criminal action.
Adultery and Concubinage
1. Must be prosecuted upon the Pardon by the offended party who is a minor
complaint signed by the offended spouse; must have the concurrence of the parents.
and
2. In the absence of an express or ART. 345
implied pardon.

171
 CIVIL LIABILITY OF PERSONS 2. Guardians;
GUILTY OF CRIMES AGAINST
3. Curators;
CHASTITY.
4. Teachers; and
5. Any person who cooperates as
Persons who are guilty of rape,
accomplice with abuse of authority or
seduction or abduction shall also be
confidential
sentenced to:
relationship.
1. Indemnify the offended woman;
and
2. To acknowledge the offspring,
except:
a. In adultery and Concubinage
since only a natural child may be
acknowledged;
b. Where either the offended
party or the accused is married; TITLE TWELVE
c. When paternity cannot be CRIMES AGAINST THE
determined as in multiple rape;
CIVIL STATUS OF PERSONS
d. Other instances where the law
should prevent the offender from
doing so; or What are the crimes against the civil status
e. In every case to support the of persons?
offspring.

1. Simulation of births, susbsitution of one

ART. 346 child for one another and concealment or
abandonment of a legitimate child.
LIABILITY OF ASCENDANTS,
GUARDIANS, TEACHERS, OR 2. Usurpation of civil status
OTHER PERSONS ENTRUSTED 3. Bigamy
WITH THE CUSTODY OF THE
OFFENDED PARTY. 4. Marriage contracted against provisions of
law
5. Performance of illegal marriage ceremony
Persons who cooperate as accomplices
but are punished as principals in seduction,
abduction, acts of lasciviousness, acts of
lasciviousness with the consent of the
offended party, corruption of minors, CHAPTER ONE
white slave trade:
1. Ascendants;

172
 SIMULATION OF BIRTHS 3) The offender has the intent to cause such
child to lose its civil status.
AND USURPATION OF CIVIL
STATUS
The child must be legitimate and a fully
developed and living being, as the child born
ART. 347 not capable of living has no status, nor can he
transmit any rights whatsover. (U.S. v.
SIMULATION OF BIRTHS,
Capillo)
SUBSTITUTION OF ONE CHILD
FOR ANOTHER, AND
CONCEALMENT OR
ABANDONMENT OF A ART. 348
LEGITIMATE CHILD USURPATION OF CIVIL STATUS

Acts punished under Art. 347 This crime is committed when a person
1. Simulation of births represents himself to be another and assumes
the filiation or the parental or conjugal rights
2. Substitution of one child for another of such another person. (Reyes)
3. Concealing or abandoning any
legitimate child with intent to cause such
child to lose its civil status The purpose of defrauding the offended party
or his heirs qualifies.

The object of the crime under Art. 347 is

the creation of false or the causing of the
loss, of civil status. CHAPTER TWO
ILLEGAL MARRIAGES
Simulation of Birth
the simulation of birth takes place when ART.349 BIGAMY
the woman pretends to be pregnant when
in fact she is not, and on the day of hte ELEMENTS
supposed delivery, takes the child of
1. That the offender has been legally married
another as her own.
2. That the marriage has not been legally
dissolved or, in case his or her spouse is
Concealing or abandoning any absent, the absent spouse could not yet be
legitimate child presumed dead according to Civil Code.

Requisites 3. That he contracts a second or subsequent

1) The child must be legitimate;
2) The offender conceals or abandons
such child; and
marriage.
4. That the second or subsequent marriage has
all the essential requisites for validity.

173

Nullity of marriage, not a defense.
It is now settled that the fact that the first
marriage is void from the beginning is not
a defense in a bigamy charge. As with a
voidable marriage, there must be a judicial
declaration of the nullity of marriage
before contracting the second marriage.
The outcome of the civil case for
annulment of petitioner’s marriage to
Narcisa had no bearing upon the
determination of petitioner’s innocence or
guilt in the criminal case for bigamy,
because all that is required for the charge
of bigamy to prosper is that the first
marriage be subsisting at the time the
second marriage is contracted. (Te v. CA,
G.R. No 126746)
Causes which may produce the legal
dissolution of the first marriage:
1. Death of one of the contracting parties;
2. Judicial declaration annulling a void
marriage; and
3. Judicial decree annulling a voidable
marriage.
The death of the first spouse during the
penedency of the bigamy case does not
extinguish the crime, because when the
accused married the second spouse, the
first marriage was still subsisting. (People
vs Reyes, CA, 52 OG 1525)
The second marriage must have all the
essential requisites for validity.
174
The second husband or wife who knew of first
marriage is an accomplice.
A person convicted of bigamy may still be
prosecuted for concubinage.
They are two distinct offenses. The first is an
offense against civil status which may be
prosecuted at the instance of the State; the
second, an offense against chastity and may be
prosecuted only at the instance of the
offennded party. The celebration of the second
marriage, with the first still existing,
characterizes the crime of bigamy; on the other
hand, the mere cohabitation by the husband
with a woman who is not his wife
characterizes the crime of concubinage.
(Reyes)
ART. 350
MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS
ELEMENTS:
1. That the offender contracted marriage.
2. That he knew at the time that-
a) The requirements of the law were not
complied with; or
b) The marriage was in disregard of a
legal impediment.
Circumstance qualifying the offense
 If either of the contracting parties
obtains the consent of the other by means
CHAPTER ONE
of violence,intimidation, or fraud. (ART.
350, par. 2) LIBEL

Conviction of violation of Art, 350 of ART 353

the RPC involves moral turpitude.
ART. 352
PERFORMANCE OF ILLEGAL
MARRIAGE CEREMONY
Priests or ministers of any religious
denomination or sect, or civil authorities
who shall perform or authorize any illegal
marriage ceremony shall be punished in
accordance with the provisions of the
Marriage Law.
DEFINITION OF LIBEL
Defamation
Which, includes libel and slander, means the
offense of injuring a person’s character, fame
or reputation through false and malicious
statements.
It is an invasion of a relational interest since it
involves the opinion which others in the
community may have or tend to have of the
plaintiff. (MVRS Pub. Inc. vs Islamic Da’ Wah
council of the Phils. Inc. G.R. No 135306)

TITLE THIRTEEN
Libel
CRIMES AGAINST is a defamation committed by means of
HONOR writing, printing, lithoraphy, engraving, radio,
phonograph, painting or theratical or
cinematographic exhibition or any similar
What are the crimes against honor? means. (Art. 335)

1. Libel by means of writings or similar

means Seditious libel is punished under Art. 142 not
2. Threatening to publish and offer to in this Article.
prevent such publication for a
compensation
Elements of Defamation
3. Prohibited publication of acts referred to
in the course of official proceedings 1. That there must be an imputation of:

4. Slander a) a crime; or

5. Slander by deed b) of a vice or defect, real or imaginary;

or
6. Incriminating innocent person
c) any act, omission, status or
7. Intriguing aganst honor. circumstance;

175
 2. That the imputation must be made
publicly;
3. That it must be malicious;
4. That the imputation must be
directed to a natural or juridical person,
or one who is dead;
5. That the imputation must tend to
cause the dishonor, discredit or contempt
of the person defamed.
The imputation may cover:
a. Crime allegedly committed by the
offended party;
b. Vice or defect, real or imaginary of the
offended party; or
c. Any act, omission, condition, status of,
or circumstance relating to the offended
party.
Test of Defamatory character
In determining whether a statement is
defamatory, the words used are construed
in their entirety and taken in their plain,
natural and ordinary meaning as they
would naturally be understood by persons
reading them, unless it appears that they
were used and understood in another
sense. (Novicio vs. Aggabao, 463 Phil.
510, 516)
The meaning of the writer is immaterial.
(Reyes)
176
Second Element - Publication
Publication is the communication of the
defamatory matter to some third person or
person. (People v. Atencio, C.A. - G.R. Nos.
11351-R to 11353)
Third Element- There must be malice.
Malice is a term used to indicate the fact that
the offender is prompted by personal ill-will or
spite and speaks not in response to duty, but
merely to injure the reputation of the person
defamed. (U.S. vs. Canete, 38 Phil. 253)
1. Malice in fact or Express malice
May be shown by proof of ill-will, hatred or
purpose to injure.
2. Malice in law
Presumed from a defamatory imputation.
Proof of malice is not required because it is
presumed to exist from the defamatory
imputation. (Art. 354, Par. 1)
Exception:
If the communication is privileged.
Fourth Element- The imputation must be
directed at a natural or juridical person, or
one who is dead.
The publication need not refer by name to the
offended party. It is sufficient if it is shown
that the offended party is the person meant or
alluded to therein. (Causin v. Jakosalem, 5
Phil. 155)
Fifth Element- The imputation must tend to
cause dishonor, discredit or contempt of the
offended party.
 Two kinds of Privileged communication
Any imputation will be sufficient if it Absolute Conditional or
tends to cause- qualified
(a) Dishonor, - disgrace, shame or When it is Are those which,
actionable , even its although containing
ignominy
author has acted in defamatory
(b) Discredit- loss of credit or reputation bad faith imputations, would
not be actionable
(c) Contempt of a natural or juridical unless made with
person; or malice or bad faith
(d) To blacken the memory of one who is Includes:
dead.
(a) Statements made
by members of
ART 354 Congress in the
discharge iof their
Requirement for publicity functions as such
GENERAL RULE (b) Official
Every defamatory imputation is presumed communications
to be malicious, even if it be true, if no made by public
good intention and justifiable motive for officers in the
making it is shown performance of their
duties
(c) Allegations or
EXCEPTION statements made by
the parties or their
PRIVILEGED COMMUNICATIONS
counsel in their
pleadings or motions
or during the hearing
1. A private communication made by any of judicial
person to another in the performance of proceedings as well
any legal, moral or social duty. (Art. 354, as answers given by
Par. 1) witnesses in reply to
questions
propounded to them:
2. A fair and true report, made in good Provided, that said
faith, without any comments or remarks, allegations or
of any judicial, legislative, or other official statements are
proceedings which are not of confidential releant to the issues
nature, or of any statement, report, or and the answers are
speech delivered in said proceedings or of responsive or
any other act performed by public officers pertinent to the
in the exercise of their functions. questions
propounded to said

177
witnesses. 3. That it is without any comments or remarks.

Orfanel vs. People

L- 26877)
Doctrine of Fair Comment
Fair commentaries on matters of public
interest are privileged and constitute a valid
defense in an action for libel or slander.
Art. 354 Par. 1
The doctrine of fair comment means that while
Requisites in general every discreditable imputation
1. That the person who made the punlicly made is deemed false, because every
communication had a legal, moral or man if presumed innocent until his guilt is
social duty to make the communication, judicially proved, and every false imputation is
or, at least, he had an interest to be deemed malicious, nevertheless, when the
upheld; discreditable imputation is directed against a
public person in his public capacity, it is not
necessarily actionable, it must either be a false
allegation of fact or a comment based on a
2. That the communication is addressed
false supposition. If the comment is an
to an officer or a board, or superior,
expression of opinion, based on established
having some interest or duty in the
facts, then it is immaterial that the opinion
matter;
happens to be mistakes, as long as it might
3. That the statements in the reasonably be inferred from the facts. (Borjal
communication are made in good faith v. CA, 301 SCRA1, 22)
without malice (in fact). (U.S. vs. Bustos,
37 Phil. 743; U.S. vs. Canete, et al., 38
Phil. 253)

Fair comments on qualification of

candidates.
Art. 354, Par. 2
Public acts of public men may lawfully be
Fair and true report of official
made the subjects of comment and criticism. If
proceedings
made in good faith, such criticism is
privileged. (Reyes)

Conditions:
1. That it is a fair and true report of a Criticsm v. Defamation
judicial, legislative or other official
Criticism deals only with such things as shall
proceedings which are not of confidential
invite public attention or call for public
nature, or of a statement, report or speech
comment. It does not follow a public man into
delivered in said proceedings, or of any
his private life nor pry into his domestic
other act performed by a public officer in
concerns.
the exercise of his functions;
If the criticism follows a public officer into his
2. That it is made in good faith; and
private life which has no connection with the
performance of his public duties, and falsely

178
charges him with evil moties, clearly
designed to destroy his reputationor
besmirch his name, there is defamation.
Art. 355
Libel by means of writing or similar
means
Libel may be committed by means of:
1. Writing
Blackmail
In its metaphorical sense, it may be defined as
any unlawful extortion of money by threats of
accusation or exposure. Two words are
expressive of the crime - hush money. (U.S. v.
Eguia, et al., 38 Phil. 857)
In what felonies is blackmail possible?
1. Light threats (Art. 283)

2. Printing
2. Threatening to publish, or offering to
3. Lithography prevent the publication of, a libel for
compensation. (Art. 356)
4. Engraving

5. Radio ART 357

Prohibited publication of acts referred to in
6. Phonograph
the course of official proceedings
7. Painting

8. Theatrical exhibition Elements:

1. That the offender is a reporter, editor or
9. Cinematographic exhibition manager of a newspaper daily or magazine;

10. Or any similar means 2. That he publishes facts connected with the
private life of another;
3. That such facts are offensive to the honor,
ART. 356 virtue, and reputation of said person.

Threatening to publish and offer to

prevent such publication for a
ART. 358
compensation
Slander

Acts punished
Slander or oral defamation
1. By threatening another to publish a libel
concerning him, or his parents, spouse, Libel committed by oral(spoken) means,
child, or other members of his family. instead of in writing.
2. By offering to prevent the publication of Two kinds
such libel for compensation, or money
consideration. 1. Simple slander

179
2. Grave slander, when it is of a serious
and insulting nature
Elements:
1. That the offender performs any act not
Examples of simple slander included in any other crime against honor.
1. An accusation that the offended party 2. That such act is performed in the presence
has been living successively andwith of other person or persons.
several men uttered before several persons,
3. That such act casts dishonor, discredit or
when intended to correct an improper
contempt upon the offended party.
conduct of the offended party, a kin of the
accused, is only a simple slander.

Slander by deed is of two kinds:

2. Calling a person a gangster is simple (a) Simple slander by deed; and
slander. (Arcand v People)
(b) Grave slander by deed, that is which is of a
serious nature.
The words, “Agustin, putang ina mo” is a
common expression in the dialect that is
often employed not really to slander but
rather to express anger or displeasure. It is Examples of Slander by Deed
seldom, if ever, taken in its literal sense by
the hearer, that is, as a reflection on the
virtue of a mother. In the instant case, it
1. Slapping the face of another is slander by
should be viewed as part of the threats
deed if the intention of the accused is to cause
voiced by appellant against the
shame and humiliation.
complainant evidently to make the same
more emphatic. (Reyes v. People 27
SCRA 686)
2. Fighting the offended party with the
intention to insult him is slander by deed.
The slander need not be heard by the
offended party.
Slander by deed and acts of lasciviousness
Kissing a girl in public and touching her breast
ART 359 without lewd designs, committed by a rejected
suitor to cast dishonor on the girl was held to
Slander by deed
be slander by deed and not acts of
lasciviousness. (People v. Valencia, CA G.R.
No. 4136-R)
Slander by deed
A crime against honor which is committed
by performing any act which casts Unjust Slander by Acts of
dishonor, discredit, or contempt upon vexation deed Lasciviousne
another person. ss

180
Common denominator: irritation or 4. The owner of the printing plant which
annoyance publishes a libelous article with his consent
and all other persons who in any way
Equated with If in addition If in addition participate in or have connection with its
anything that to to the publication. (U.S. vs. Ortiz, 8 Phil. 752)
annoys or annoyance, annoyance,
irritatesd there was there was
another attendant present any
The editor of a daily newspaper, magazine or
without publicity and of the
serial publication is liable for the defamations
justification dishonor or circumstance
contained therein to the same extent as if he
contempt s provided
were the author thereof. (People v. Bailo, as
for in Art.
cited in Reyes)
335 of the
Code, \
together with
lewd
designs, the
crime is act
of
lasciviousne
ART. 361
ss (People v.
Motita) Proof of truth
Proof of truth is admissible in any of the
following:
Maltreatment to Slander by Deed
1. When the act or omission imputed
If the offended party suffered from shame constitutes a crime regardless of whether the
or humilitation caused by the offended party is a private individual or a
maltreatment, it is slander by deed. public officer.
2. When the offended party is a Government
ART. 360 employee, even if the act or omission imputed
does not constitute a crime, provided, it is
Persons responsible related to the discharge of his official duties.
(See Ocampo vs. Evangelista, et al, C.A., 37
O.G. 2196; Tumang vs. People, 73 Phil. 700 as
Persons liable for libel: cited in Reyes )
1. The person who publishes, exhibits or
causes the publication or exhibition of any
defamation in writing or similar means. Defense in Defamation
(Art. 360, par. 1) Proof of truth three requsites
2. The author or editor of a book or 1. If it appears that the matter charged as
pamphlet. libelous is true
3. The editor or business manager of a The proof of truth in defamtion is
daily newspaper magazine or serial limited only to :
publication. (Art. 360, par. 2)

181
 (1) Act or omission constituting a 1. Incriminating innocent person
crime; and
2. Intriguing against honor

(2) Act or omission of a public officer

which, although not constituting a Art 363
crime, is related to the discharge of Incriminating innocent person
his duties.

Elements:
2. It was published with good motives.
1. That the offender performs an act.

3. For justifiable ends

2. That by such act he directly incriminates or
imputes to an innocent person the commission
of a crime.
Retraction may mitigate damages.
In order to have the desired effect, the
retraction should contain an admission of 3. That such act does not constitute perjury.
the falsity of the libelous publication and
evince a desire to repair the wrong
occasioned thereby. (Sotelo Matti v. Incriminating Perjury by making
Bulletin Publishing Co., 37 Phil. 562) innocent persons false accusation

Committed by The gravamen of the

ART. 362 performing an act by offense is the
which the offender imputation itself,
Libelous Remarks directly incriminates falsely made, by the
or imputes to an offender.
innocent person the
Libelous remarks or comments connected commission of a
with the matter privileged, if made with crime
malice, shall not exempt the author thereof
nor the editor or managing editor of a Limited to the act of The giving of false
newspaper from criminal liability. planting of evidence statement under
and the like to oath or the making
incriminate an of a false affidavit,
innocent person` imputing a person
Chapter Two the commission of
acrime.
INCRIMINATORY
MACHINATIONS

182
 ART. 364 1. By committing through reckless imprudence
any act which, had it been intentional, would
Intriguing against honor constitute a grave or less grave felony or light
Intriguing against honor felony. (Par. 1)
2. By committing through simple imprudence
Committed by any person who shall make
or negligence an act which would otherwise
any intrigue which has for its principal constitute a grave or a less serious felony. (Par.
purpose to blemish the honor or reputation 2)
of another person.
3. By causing damage to the property of
Intriguing against honor is any scheme or another through reckless imprudence or simple
plot by means whcih consist of some imprudence or negligence.
trickery.
4. By causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a light
Incriminating innocent person vs. felony. (Par. 4)
Intriguing against honor

IMPRUDENCE NEGLIGENCE
In incriminating innocent person, the
offender performs an act by which he Indicates a Indicates a
deficieny of action deficiency of
directly incriminates or imputes to an
perception
innocent person the commission of a
crime. Failure in Failure in
precaution advertance
In intriguing against honor, the offender
resorts rto an intrigue for the purpose of The wrongful act The wrongful act
blemishihg the honor or reputation of may be avoided may be avoided by
another person. by taking the paying proper
necessary attention and usin
preacaution once due diligence in
they are foreseen foreseeing them.

Title Fourteen

QUASI-OFFENSES Reckless imprudence

Consists in voluntarily, but without malice,
Sole Chapter doing or failing to do an act from which
CRIMINAL NEGLIGENCE material damage results by reason of
inexcusable lack of precaution on the part of
ART 365 the person performing or failing to perform
such act, taking into consideration his
Imprudence and negligence employment or occupation, degree of
intelligence, physical condition and other
circumstances regarding persons, time, and
place.
The quasi-offense under Art. 365 are
committed in four ways:

183
Elements:
1. That the offernder does or fails to do an
act;
2. That the doing of or the failure to do
that acts is voluntary;
3. That it be without malice;
4. That mateial damage results; and t
5. That there is inexcusable lack of
precaution on the part of the person
performing or failing to perform such act
taking into consideration -
a) Employmeny or occupation
b) Degre of intelligence, physical
condition; and
c) Other circumstances regarding
persons, time and place. (Reyes,
Book Two)
Simple imprudence
Consists in the lack of precaution
displayed in thoses cases in which the
damage impending to be caused is not
immediate nor the danger clearly manifest.
Elements:
1. That there is lack of precaution on the
part of the offender; and
2. That the damage impending to becaused
is not immediate nor the danger clearly
manifest.
The penalties provided for in Article
365 are not applicable when:
1. The penalty provided for the offense is
equal to or lower than those provided in
the first two paragraphs of Art. 365;
2. By imprudence or negligence, and with
violation of the Automobile Law. The
death of a person shall be caused.
184
Qualifying Circumstance:
Failing to lend on-the-spot help to th evictims
of his act of negligence. It raises the penalty
one degree higher.
Exceptions
The dirver can leave his vehicle without aiding
the victims if:
1. He is in imminent danger of being harmed;
2. He wants to report to the nearest officer of
the law; or
3. He desires to summon a physician or a
nurse for a medical assistance to the injured.
(Sec. 55, RA No. 4163)
Reckless imprudence is a single crime its
consequences on persons and property are
material only to determine penalty.
Reason and precedent both coincide in that
once convicted or acquitted of a specific act of
reckless imprudence, the accused may not be
prosecuted again for that same act. For the
essence of the quasi offense of criminal
negligence under article 365 of the Revised
Penal Code lies in the execution of an
imprudent or negligent act that, if intentionally
done, would be punishable as a felony. The
law penalizes thus the negligent or careless
act, not the result thereof. The gravity of the
consequence is only taken into account to
determine the penalty, it does not qualify the
substance of the offense. And, as the careless
act is single, whether the injurious result
should affect one person or several persons,
the offense (criminal negligence) remains one
and the same, and can not be split into
different crimes and prosecutions. (See Ivler v.
San Pedro, G.R. No. 172716)
The doctrine that reckless imprudence under
Article 365 is a single quasi-offense by itself
and not merely a means to commit other
crimes such that conviction or acquittal of
such quasi-offense bars subsequent
prosecution for the same quasi-offense,
regardless of its various resulting acts.
(Ivler vs. Modesto-San Pedro, 635 SCRA
191, G.R. No. 172716 November 17, 2010
)

Doctrine of last clear chance

The contributory negligence of the party
injured will not defeat the action if it be
shown that the accused might, by the
exercise of reasonable care and prudence,
have avoided the consequences of the
negligence of the injured party. (Reyes)
Emergency rule
An automobile driver who by the
negligence of another and not by his own
negligence, is suddenly placed in an
emergency andcompelled to not instantly
to avoid a collision o rinjury is not guilty
of negligence if he makes such a choice
which a person of ordinary prudence
placed in such a position might make even
though he did not make the wisest choice.

Special Penal Laws

185
 1. Arson
Special Penal Laws 2. Destructive Arson
3. Other cases of arson
are laws that define and penalize crimes
not included in the Revised Penal Code,
these crimes are of a nature different from
those defined and punished under the 1. Arson - Sec. 1 (PD1613)
RPC. (Boado, Notes and Cases on Special
Penal Laws, 2011, p. 1)
a) Any person who burns or sets fire to the
property of another
Note: Laws merely amending the
provisions of the RPC are NOT
considered special penal laws.
b) when a person sets fire to his own
property under circumstances which
expose to danger the life or property of
(e.g. PD 533, Anti- Cattle Rustling Law, another.
amended Articles 308, 309 and 310. Thus,
cattle rustling remains malum in se. (Taer
vs. Ca, G.R. No. 85204, cited in Boado)
2. Destructive Arson - Sec. 2

the property burned is any of the following:

(HEAT - MAP)
PD 1613
ANTI-ARSON LAW
a) Any Hospital, hotel, dormitory, lodging
house, housing tenement, shopping center,
public or private market, theater or movie
Arson house or any similar place or building.
The destruction of property by means of b) Any building where Evidence is kept for
fire or pyrotechnic materials. (Notes and use in any legislative, judicial,
cases on Sepcial Penal Laws, Boado 2011 administrative or other official
p. 330) proceedings.
c) Ammunition factory and other
establishment where explosives,
As long as fire or pyrotechnic is used to
inflammable or combustible materials are
destroy any property, it is arson because
stored.
the originial provision under Art. 323 of
the RPC which regarded burning or d) Any train, airplane or any aircraft, vessel
property less than P25 as malicious or watercraft, or conveyance for
mischief was expressly repealed by Transportation of persons or property
PD1613. (supra) e) Any archive, Museum, whether public
or private, or any edifice devoted to
culture, education or social services.
Punishable Acts (ADO)

186
f) Any church or place of worship or
other building where people usually
Assemble.
g) Any building, whether used as a
dwelling or not, situated in a
Populated or congested area.
3. Other Cases of Arson (PRI2MO)
property burned is any of the following:
1. Any Plantation, farm, pastureland,
growing crop, grain field, orchard, bamboo
grove or forest;
2. Any Industrial establishment,
shipyard, oil well or mine shaft, platform
or tunnel;
3. Any Inhabited house or dwelling;
Elements
1. There is intentional burning; and
2. What is intentionally burned is
an inhabited house or dwelling.
(Buebos et.al., vs. People, G.R. No.
163938; People vs. Soriano, G.R. No.
142565. July 29, 2003)
4. Any rice Mill, sugar mill, cane mill or
mill central; and
5. Any building used as Offices of the
government or any of its agencies;
SPECIALAGGRAVATING
CIRCUMSTANCES (Section 4) (BISS)
The penalty in any case of arson shall be
imposed in its maximum period:
2. If committed for the Benefit of another;
1. If committed with Intent to gain;
3. If the offender is motivated by Spite or
hatred towards the owner or occupant
of the property burned;
187
4. If committed by a Syndicate.
SYNDICATE
The offense is committed by a syndicate if its
is planned or carried out by a group of three (3)
or more persons.
Death Results from Arson
by reason of or on the occasion of the arson
death results, the penalty of Reclusion
Perpetua to death shall be imposed.(Section 5)
There is no complex crime of arson with
homicide. The crime of homicide is absorbed.
(Reyes, 2017, p. 920)
Only the penalty of reclusion perpetua shall be
imposed for arson resulting in death. (supra)
Prima Facie evidence of Arson
Any of the following circumstances:
1. fire started simultaneously in more than
one part of the building or establishment.
2. substantial amount of flammable substances
or materials are stored within the building not
necessary in the business of the offender nor
for household us.
3. gasoline, kerosene, petroleum or other
flammable or combustible substances or
materials soaked therewith or containers
thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed to
start a fire, or ashes or traces of any of the
foregoing are found in the ruins or premises of
the burned building or property.
4. the building or property is insured for
substantially more than its actual value at the
time of the issuance of the policy.
4. during the lifetime of the corresponding fire
insurance policy more than two fires have
occurred in the same or other premises owned
or under the control of the offender and/or The building which is the object of arson
including the land on which it is situated shall
CRIMES PENALTIES be confiscated and escheated to the State,
unless the owner thereof can prove that he has
PUNISHABLE no participation in nor knowledge of such
arson despite the exercise of due diligence on
PD 1613 ARSON Prision Mayor
his part. (Sec. 8)
DESTRUCTIVE Reclusion
ARSON Temporal in its
maximum
period to
Reclusion
Perpetua

OTHER CASES OF Reclusion

ARSON Temporal to
Reclusion
Perpetua

IN ANY CASE OF MAXIMUM

ARSON WITH SPECIAL PERIOD OF
AGGRAVATING THE
CIRCUMSTANCES PENALTY

Conspiracy to commit Prision Mayor RA NO. 6539

arson in its minimum
period ANTI-CARNAPPING LAW

Carnapping is the taking, with intent to

insured.
5. shortly before the fire, a substantial
portion of the effects insured and stored in
a building or property had been withdrawn
from the premises except in the ordinary
course of business.
6. a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender
or for the safety of the person or property
of the victim.
Conspiracy to commit arson punished by
Prision Mayor in its minimum period.
gain, of a motor vehicle belonging to another
without the latter’s consent, or by means of
violence against or intimidation of persons, or
by using force upon things (Sec. 3, RA No.
6539)
Elements:
1. That there is an actual Taking of the
vehicle;
2. That the Vehicle belongs to a person other
than the offender himself;
3. That the taking is:
(a) Without the consent of the owner
thereof; or
(b) that the taking was committed by
means of Violence against or

188
 intimidation of persons, or by using
force upon things; and
4. That the offender Intends to gain from
the taking of the vehicle
(People vs. Lagat, G.R no. 187044)
Penalties:
1. When committed WITHOUT
violence against or intimidation of persons,
or force upon things
- imprisonment for not less than
20 years and 1 day but not more
than 30 years
-regardless of the value of the motor
vehicle taken
2. When committed by means of
violence against of intimidation of persons,
or force upon things
- imprisonment for not less than
thirty (30) years and one (1) day but not
more than forty (40) years
3, When the owner, driver, or occupant of
the carnapped motor vehicle is:
a) killed
b) Raped
in the commission of the carnapping, the
penalty is life imprisonment.
Denied of bail when evidence of guilt is
strong
Any person charged with carnapping or
when the crime of carnapping is
committed by criminal groups, gangs or
syndicates or by means of violence or
intimidation of any person or persons or
forced upon things; or when the owner,
driver, passenger or occupant of the
carnapped vehicle is killed or raped in the
course of the carnapping shall be denied
bail when the evidence of guilt is strong.
189
Concealment of Carnapping
Any person who conceals carnapping shall be
punished with imprisonment of six (6) years
up to twelve (12) years and a fine equal to the
amount of the acquisition cost of the motor
vehicle, motor vehicle engine, or any other
part involved in the violation
Any public official or employee who directly
commits the unlawful acts defined in this Act
or is guilty of gross negligence of duty or
connives with or permits the commission of
any of the said unlawful acts shall, in addition
to the penalty prescribed in the preceding
paragraph, be dismissed from the service, and
his/her benefits forfeited and shall be
permanently disqualified from holding public
office.
RA. No. 10883 - New Anti Carnapping Act
of 2016 Penalties
Sec. 3, Par. 2- Any person who is found guilty
of carnapping shall, regardless of the value of the
motor vehicle taken, be punished by
imprisonment for not less than twenty (20) years
and one (1) day but not more than thirty (30) years,
when the carnapping is committed without
violence against or intimidation of persons, or
force upon things; and by imprisonment for not
less than thirty (30) years and one (1) day but not
more than forty (40) years, when the carnapping
is committed by means of violence against or
intimidation of persons, or force upon things; and
the penalty of life imprisonment shall be imposed
when the owner, driver, or occupant of the
carnapped motor vehicle is killed or raped in the
commission of the carnapping.
Any person charged with carnapping or when
the crime of carnapping is committed by criminal
groups, gangs or syndicates or by means of
violence or intimidation of any person or persons
or forced upon things; or when the owner,
driver, passenger or occupant of the
carnapped vehicle is killed or raped in the
course of the carnapping shall be denied bail
when the evidence of guilt is strong.
refers to the maltreatment, whether habitual or
not, of the child which includes any of the
following:
(1) Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional
maltreatment;

(2) Any Act by deeds or words which debases,

degrades or demeans the intrinsic worth and
dignity of a child as a human being;

(3) Unreasonable deprivation of his basic

needs for survival, such as food and shelter; or

(4)Failure to immediately give Medical

treatment to an injured child resulting in
serious impairment of his growth and
development or in his permanent incapacity or
death.

PUNISHABLE ACTS & Persons LIABLE

1. Child Prostitution and Other Sexual
Abuse (Section 5, Art. III)

a) Attempt To Commit Child Prostitution

(Section 6, Art. III)
RA. NO. 7610
2. Child Trafficking (Sec. 7, Art. IV)
ANTI-CHILD ABUSE LAW
Children refers to: a) Attempt to Commit Child
a. Person below eighteen (18) years of Trafficking (Sec. 8, Art. IV)
age;or
3. Obscene Publications and Indecent Shows
b. Those over eighteen (18) but are
unable to fully take care of (Sec. 9, Art. V)
tehmselves or protect themselves
from abuse, neglect, cruelty, 4. Other Acts of Neglect, Abuse, Cruelty or
exploitation or discrimination because Exploitation and Other Conditions Prejudicial
of a physical or mental disability or
condition. to the Child's Development (Sec. 10, Art. VI)

5. Discrimination against children of

Child Abuse (PAMU) indigenous cultural communities. (Sec. 20,
Art. IX)

190
 (Boado, 2011, p. 162)
ARTICLE III
Child Prostitution and Other Sexual
Abuse
Persons Liable:
a) Those who engage in, facilitate,
or promote child prostitution
(par.a, Sec. 5)
Elements of paragraph (a) are: (E2-
P2IAT-18)
1. the accused Engages in,
promotes, facilitates or
induces child prostitution;
2. the act is done through, but not
limited to, the following
means:(P2IAT)
a. acting as a Procurer
of a child
prostitute;
b. Inducing a person
to be a client of
a child
prostitute by
means of
written or oral
advertisements
or other similar
means;
c. taking Advantage of
influence or
relationship to
procure a child
as a prostitute;
d. Threatening or
using violence
towards a child
to engage him
as a prostitute
or
191
e. giving monetary
consideration,
goods or other
Pecuniary benefit to
a child with intent
to engage such
child in prostitution;
3. the child is Exploited or intended
to be exploited in prostitution
and
4. the child, whether male or
female, is Below 18 years of
age. (Malto vs. People)
b) Those who engage in sexual
intercourse or lascivious conduct
with child(par.b);
Elements
1. Accused commits the act of sexual
intercourse or lascivious conduct;
2. The act is performed with a child
exploited in prostitution or subjected to
other sexual abuse; and
3. The child, whether male or female, is
below 18 years of age. (Malto vs. People,
cited in Boado)
When the victims is under twelve (12)
years of age, the perpetrators shall be
prosecuted for rape under Article 335,
par.3 and Art. 336, RPC for rape or
lascivious conduct.
The penalty for lascivious conduct when
the victim is under twelve (12) years of age
shall be reclusion temporal in its medium
period.
Art. III, Sec. 5(a) Art. III, Sec. 5(b)
Those who engage in, Those who engage in
facilitate, or promote sexual intercourse or
child prostitution lascivious conduct
with child(par.b);
essentially punishes Punishes sexual
acts pertaining to or intercourse
connected with child lascivious conduct not
prostitution only with a child
exploited
prostitution but also
with a child subjected
to other sexual abuse
The child is abused It covers not only a
primarily for profit. situation where a child
The offender does not is abused for profit but
engage in sexual also one in which a
relations with the child child, through
but merely promotes coercion, intimidation
the prostitution or or influence, engages
sexual abuse of the in sexual intercourse
child for profit. or lascivious conduct.
Art. III, Sec. 5(b) and rape defined under
the Revised Penal Code are separate and
distinct crimes.
The Sweetheart theory
applies in acts of lasciviousness and
rape, felonies committed against or
without the consent of the victim. It
operates on the theory that the act was
consensual. It requires proof that the
accused and the victim were lovers and
that she consented to the sexual relations.
(Boado, p. 167)
For purposes of sexual intercourse and
lascivious conduct in child abuse cases
under RA 7610, the sweetheart defense is
unacceptable. A child exploited in
prostitution or subjected to other sexual
abuse cannot validly give consent to
sexual intercourse with another person.
(see Malto vs. People)
or attempt to commit
child trafficking and
obscene publications
in
Child abuse Sexual abuse
Sexual abuse as defined in Sec. 5 is a
completely distinct and separate offense from
child abuse defined under Sec. 10.
(Boado, p. 173)
c) Those who derive profit or
advantage therefrom (par.c).
whether as manager or owner of the
establishment where the prostitution takes
place, or of the sauna, disco, bar, resort, place
of entertainment or establishment serving as a
cover or which engages in prostitution in
addition to the activity for which the license
has been issued to said establishment.
Attempt To Commit Child Prostitution
Persons Liable:
a) Those who not being a relative, are
found alone with a child (in relation to par. a,
Sec. 5) inside the room or cubicle of a house,
an inn, hotel, motel, pension house, apartelle
or other similar establishments, vessel, vehicle
or any other hidden or secluded area under
circumstances which would lead a reasonable
person to believe that the child is about to be
exploited in prostitution and other sexual
abuse.

Section 10 (a), RA Section 5(b), RA b) Those who are actually receiving

7610 7610 services in sauna bath, massage parlors and
Refers to acts of child Child Prostitution and similar establishments (in relation to par. b).
abuse prejudicial to Other Sexual Abuse
the child’s
development other
than child prostitution
Child Trafficking (ARTICLE IV)
and other sexual
abuse under Sec. 5,
child trafficking,

192
Any person who shall engage in trading
and dealing with children including, but
not limited to the act of buying and selling
of a child for money, or for any other
consideration, or barter.
Attempt to Commit Child Trafficking
(a) When a child travels alone to a
foreign country
a. without valid reason; and
b. (a) without clearance issued by
the DSWD or (b) written permit
or (c) justification from the
child's parents or legal guardian;
(b) When a person, agency, establishment
or child-caring institution recruits women
or couples to bear children for the
purpose of child trafficking; or
(c) When a
a.doctor;
b. hospital or clinic official or
employee,
c. nurse,
d. midwife,
e. local civil registrar or
f. any other person simulates birth for
the purpose of child trafficking; or
(e) When a person engages in the act of
finding children among low-income
families, hospitals, clinics, nurseries,
day-care centers, or other child-during
institutions who can be offered for the
purpose of child trafficking.
Obscene Publications and Indecent
Shows (Article V)
Any person who shall hire, employ, use,
persuade, induce or coerce a child to
perform in obscene exhibitions and
193
indecent shows, whether live or in video, or
model in obscene publications or pornographic
materials or to sell or distribute the said
materials.
If the child used as a performer, subject or
seller/distributor is below twelve (12) years of
age, the penalty shall be imposed in its
maximum period.
Any ascendant, guardian, or person entrusted
in any capacity with the care of a child who
shall cause and/or allow such child to be
employed or to participate in an obscene play,
scene, act, movie or show or in any other acts
covered by this section shall suffer the penalty
of prision mayor in its medium period.
Other Acts of Abuse (Article VI)
Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other (Sec. 10)
(a) Any person who shall commit any other
acts of child abuse, cruelty or exploitation or
to be responsible for other conditions
prejudicial to the child's development
including those covered by Article 59 of
Presidential Decree No. 603, as amended, but
not covered by the Revised Penal Code.
(b) Any person who shall keep or have in his
company a minor, twelve (12) years or under
or who in ten (10) years or more his junior in
any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other
tourist resort or similar places.
Provided, That this provision shall not apply
to any person who is related within the fourth
degree of consanguinity or affinity or any
bond recognized by law, local custom and
tradition or acts in the performance of a social,
moral or legal duty.
(c) Any person who shall induce, deliver or
offer a minor to any one prohibited by this Act
to keep or have in his company a minor as
provided in the preceding paragraph shall
suffer the penalty of prision mayor in its
medium period and a fine of not less than
Forty thousand pesos (P40,000); Provided,
however, That should the perpetrator be an
ascendant, stepparent or guardian of the
minor, the penalty to be imposed shall be
prision mayor in its maximum period, a
fine of not less than Fifty thousand pesos
(P50,000), and the loss of parental
authority over the minor.
(d) Any person, owner, manager or one
entrusted with the operation of any public
or private place of accommodation,
whether for occupancy, food, drink or
otherwise, including residential places,
who allows any person to take along with
him to such place or places any minor
herein described shall be imposed a
penalty of prision mayor in its medium
period and a fine of not less than Fifty
thousand pesos (P50,000), and the loss of
the license to operate such a place or
establishment.
(e) Any person who shall use, coerce,
force or intimidate a street child or any
other child to;
(1) Beg or use begging as a means of
living;
(2) Act as conduit or middlemen in drug
trafficking or pushing; or
(3) Conduct any illegal activities, shall
suffer the penalty of prision correccional
in its medium period to reclusion perpetua.
For purposes of this Act, the penalty for
the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and
263, paragraph 1 of Act No. 3815, as
amended, the Revised Penal Code, for the
crimes of murder, homicide, other
intentional mutilation, and serious
physical injuries, respectively, shall be
reclusion perpetua when the victim is
194
under twelve (12) years of age. The penalty for
the commission of acts punishable under
Article 337, 339, 340 and 341 of Act No. 3815,
as amended, the Revised Penal Code, for the
crimes of qualified seduction, acts of
lasciviousness with the consent of the offended
party, corruption of minors, and white slave
trade, respectively, shall be one (1) degree
higher than that imposed by law when the
victim is under twelve (12) years age.
An establishment shall be deemed to promote
or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications
and indecent shows, and other acts of abuse if
the acts constituting the same occur in the
premises of said establishment under this Act
or in violation of the Revised Penal Code, as
amended.
An enterprise such as a sauna, travel agency,
or recruitment agency which: promotes the
aforementioned acts as part of a tour for
foreign tourists; exhibits children in a lewd or
indecent show; provides child masseurs for
adults of the same or opposite sex and said
services include any lascivious conduct with
the customers; or solicits children or activities
constituting the aforementioned acts shall be
deemed to have committed the acts penalized
herein.
Other Acts of Sec. 10 (a) - Prision
Neglect, Abuse, mayor in its
Cruelty or minimum period
Exploitation and
10 (b) Prision mayor in
Other
its maximum period
and a fine not less than
P50,000
10(c) Prision mayor in
its medium period and
a fine not less than
P40,000.
Provided: That should
the perpetrator be an
ascendant, stepparent
or guardian of the
minor, the penalty to be
imposed is Prision
mayor in its maximum
 a fine of not less than
Child Prostitution and reclusion temporal in P50,000.00 and the loss
Other Sexual Abuse its medium period to of the license to operate
reclusion perpetua such a place or
establishment
Attempt To Commit penalty lower by two 10(e)Prision
Child Prostitution (2) degrees than that correccional in its
prescribed for the medium period to
consummated felony reclusion perpetua
under Section 5
hereof shall be
imposed upon the
principals of the
attempt to commit the
crime of child
prostitution under this
Act, or, in the proper
case, under the
Revised Penal Code.
Child Trafficking reclusion temporal to
reclusion perpetua
The penalty shall be
imposed in its RA. NO. 9775
maximum period
ANTI-CHILD PORNOGRAPHY
when the victim is
under twelve (12) LAW
years of age.
Definitions
Attempt to Commit Penalty lower by two
Child Trafficking (2) degrees than that
Child Pornography (CP) refers to any
prescribed for the
representation whether visual, audio, or
consummated felony written combination thereof, by electronic,
under Section 7 mechanical, digital, optical, magnetic or any
Obscene Publications prision mayor in its other means, of child engaged or involved in
and Indecent Shows medium period. real or simulated explicit sexual activity.

child used as a MAXIMUM PERIOD Child

performer, subject or
seller/distributor is below
twelve (12) years of age
period, a fine of not
less than P50,000, and
the loss of parental
authority over the
minor.
10(d) Prision mayor in
its medium period and
refers to a person below eighteen (18) years of
age or over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical or mental disability or condition.
For the purpose of this Act, a child shall also
refer to:

195
(1) a person regardless of age who is
presented, depicted or portrayed as a
child as defined herein; and
(2) computer-generated, digitally or
manually crafted images or graphics of
a person who is represented or who is
made to appear to be a child as defined
herein.
Punishable acts:
1. Unlawful or Prohibited Acts. - It shall
be unlawful for any person:
(a) To hire, employ, use, persuade,
induce or coerce a child to perform in
the creation or production of any form
of child pornography;
(b) To produce, direct, manufacture or
create any form of child pornography;
(c) To publish offer, transmit, sell,
distribute, broadcast, advertise,
promote, export or import any form of
child pornography;
Penalty for Sec. 4(a) (b) (c): reclusion
temporal in its maximum period and a fine
of not less than One million pesos
(Php1,000,000.00) but not more than Two
million (Php2,000,000.00);
(d) To possess any form of child
pornography with the intent to sell,
distribute, publish, or broadcast:
Possession of three (3) or more articles
of child pornography of the same form
shall be prima facie evidence of the intent
to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and
intentionally provide a venue for the
commission of prohibited acts as, but
not limited to, dens, private rooms,
196
cubicles, cinemas, houses or in
establishments purporting to be a legitimate
business;
(f) For film distributors, theaters and
telecommunication companies, by
themselves or in cooperation with other
entities, to distribute any form of child
pornography;
Penalty for Sec. 4 (d) (e) (f) : reclusion
temporal in its medium period and a fine of
not less than Seven hundred fifty thousand
pesos (Php750,000.00) but not more than One
million pesos (Php1,000,000.00);
(g) For a parent, legal guardian or person
having custody or control of a child to
knowingly permit the child to engage,
participate or assist in any form of child
pornography;
Penalty: reclusion temporal in its minimum
period and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more
than Seven hundred thousand pesos
(Php700,000.00);
(h) To engage in the luring or grooming of a
child;
Luring
Communicating, by means of a computer
system, with a child or someone who the
offender believes to be a child for the purpose
of facilitating the commission of sexual
activity or production of any form of child
pornography. (Sec. 3(i))
Penalty: prision mayor in its maximum period
and a fine of not less than Three hundred
thousand pesos (Php300,000.00) but not more
than Five hundred thousand pesos
(Php500,000.00);

(i) To engage in pandering of any form
of child pornography;
Pandering
The act of offering, advertising,
promoting, representing or distributing
through any means any material or
purported material that is intended to cause
another to believe that the material or
purported material contains any form of
child pornography, regardless of the actual
content of the material or purported
material.
Penalty: prision mayor in its minimum
period and a fine of not less than Three
hundred thousand pesos (php300,000.00)
but not more than Five hundred thousand
pesos (Php500,000.00);
(j) To willfully access any form of child
pornography;
Penalty: prision correccional in its
maximum period and a fine of not less
than Two hundred thousand pesos
(Php200,000.00) but not more than Three
hundred thousand pesos (Php300,000.00);
(k) To conspire to commit any of the
prohibited acts stated in this section.
Conspiracy to commit any form of child
pornography shall be committed when
two (2) or more persons come to an
agreement concerning the commission
of any of the said prohibited acts and
decide to commit it; and
Penalty: prision correccionalin its medium
period and a fine of not less than One
hundred thousand pesos (php100,000.00)
but not more than Two hundred fifty
thousand pesos (php250,000.00);
(l) To possess any form of child
pornography.
197
Penalty: arresto mayor in its minimum period
and a fine of not less than Fifty thousand pesos
(Php50,000.00) but not more than One
hundred thousand pesos (Php100,000.00);
2. Syndicated child pornography which is
deemed committed if carried out by a group of
three or more persons conspiring or
confederating with one another.
Penalty: reclusion perpetua and a fine of
not less than Two million pesos
(Php2,000,000.00) but not more than Five
million pesos (Php5,000,000.00);
3. Violation of the rule on confidentiality or
the right of the child to privacy.
Penalty: arresto mayor in its minimum period
and a fine of not less than One hundred
thousand pesos (Php100,000.00) but not more
than Three hundred thousand pesos
(Php300,000.00).
4. Willful and knowing failure by the Internet
content host to comply with his duties under
the law:
(a) not to host any form of CP on its
internet address;
(b) within 7 days, report the presence of
any form of CP, as well as the particulars of
the person maintaining, hosting distributing or
in any manner contributing to such internet
address, to the proper authorities;
(c) preserve such evidence for purposes of
investigation and prosecution by relevant
authorities; and
(d) upon the request of proper authorities,
furnish the particulars of users who gained or
attempted to gain access to an internet address
that contains any form of CP.
Penalty:

First offense: prision correccional in its
medium period and a fine of not less than
One million pesos (Php1,000,000.00) but
not more than Two million pesos
(Php2,000,000.00) for the first offense
Subsequent offense: fine not less than
Two million pesos (Php2,000,000.00) but
not more than Three million pesos
(Php3,000,000.00) and revocation of its
license to operate and immediate closure
of the establishment
5. Willful and knowing failure by the ISP
to comply with the duties set forth under
Section 9 of RA 9775. The ISP is required
to notify the PNP or the NBI within seven
days from obtaining facts and
circumstances that any form of CP is being
committed using its service or facility and
to install available software, program or
technology to ensure that access to or
transmittal of any form of CP will be
blocked or filtered.
Penalty:
First Offense: fine of not less than Five
hundred thousand pesos (Php500,000.00)
but not more than One million pesos
(Php1,000,000.00)
Subsequent Offense: fine of not less
than One million pesos (Php1,000,000.00)
but not more than Two million pesos
(Php2,000,000.00) and revocation of its
license to operate
6. Willful and knowing failure of mall
owners/operators and owners or lessors of
other business establishments to notify the
PNP or the NBI within seven days from
obtaining facts and circumstances that CP
is being committed in their premises.
Photo developers, information technology
professionals, credit card companies and
banks and any person who has direct
knowledge of any form of CP activities
shall have the duty to report any suspected
198
CP materials or transactions to the proper
authorities within seven days from discovery
thereof.
Penalty:
First offense: fine of not less than One million
pesos (Php1,000,000.00) but not more than
Two million pesos (Php2,000,000.00)
Subsequent offense: fine of not less than Two
million pesos (Php2,000,000.00) but not more
than Three million pesos (Php3,000,000.00)
revocation of its license to operate and
immediate closure of the establishment
(Boado,2011)
WHO MAY FILE A COMPLAINT
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the
third degree of consanguinity;
(d) Officer, social worker or representative of
a licensed child-caring institution;
(e) Officer or social worker of the Department
of Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible
citizens residing in the place where the
violation occurred; or
(j) Any person who has personal knowledge of
the circumstances of the commission of any
offense under this Act.
The RPC shall be suppletorily applicable to
this Act. (Section 27)

P.D NO. 1612
ANTI-FENCING LAW
FENCING
 act of any person who, with intent to
gain for himself or for another, shall
buy, receive, possess, keep, acquire,
conceal, sell or dispose of, or shall
buy and sell, or in any other manner
deal in any article, item, object or
anything of value which he knows, or
should be known to him, to have been
derived from the proceeds of the
crime of robbery or theft.
Elements:
1. A crime of robbery or theft has been
committed;
2. The accused, who is not a principal or
accomplice in the commission of the crime
of robbery or theft:
a) buys,
b) receives,
c) possesses,
d) keeps,
e) acquires,
f) conceals,
g) sells or disposes,
h) or buys and sells, or
i) in any manner deals in any
article or object taken during
that robbery or theft;
3. The accused knows or should have
known that the said article, item, object or
anything of value has been derived from
the proceeds of the crime of robbery or
theft; and
199
4. There is, on the part of the accused, intent to
gain for himself or for another.
(Dizon-Pamintuan vs. People, G.R. No.
111426, July 11, 1994; Ong vs. People, G.R.
No. 190475, April 10, 2013)
"Fence"
includes any person, firm, association
corporation or partnership or other
organization who/which commits the act of
fencing.
Penalties
(a) PRISION MAYOR- VALUE OF
PROPERTY IS MORE THAN 12,000 PESOS
BUT NOT EXCEEDING 22,000 PESOS
If it exceeds 22,000 - PRISION MAYOR IN
ITS MAXIMUM PERIOD ADDING ONE
YEAR FOR EACH ADDITIONAL 10,000
BUT THE TOTAL PENALTY SHALL NOT
EXCEED 20 YEARS.
IN SUCH CASES - THE PENALTY SHALL
BE TERMED RECLUSION TEMPORAL
and the accessory penalty pertaining thereto
provided in the Revised Penal Code shall also
be imposed.
(b) PRISION CORRECCIONAL in its
medium and maximum periods, if the value
of the property is more than 6,000 pesos but
not exceeding 12,000 pesos.
(c) PRISION CORRECCIONAL in its
minimum and medium periods, if the value
of the property involved is more than 200
pesos but not exceeding 6,000 pesos.
(d) ARRESTO MAYOR in its medium
period to prision correccional in its
minimum period, if the value of the property
involved is over 50 pesos but not exceeding
200 pesos.
(e) ARRESTO MAYOR in its medium period
if such value is over five (5) pesos but not
exceeding 50 pesos.
(f) ARRESTO MAYOR in its minimum
period if such value does not exceed 5
pesos.
Presumption of Fencing.
Mere possession of any good, article, item,
object, or anything of value which has
been the subject of robbery or thievery
shall be prima facie evidence of fencing.
RA NO 3019
ANTI-GRAFT AND
CORRUPT PRACTICES ACT
Definitions
The phrase “offense committed in
relation to the office” means that the
relation between the crime and the office
contemplated by the law has to be such
that in legal sense the offense cannot exist
without the office. The office must be a
constituent element of the offense as
defined in the statute, such as, for instance,
Chapter II to VI, Title 7 of the RPC.
(Sanchez vs. Demetriou, G.R. No.
111771-77, November 9, 1993 cited in
Boado, 2011)
Public Officer
includes elective and appointive officials
and employees, permanent or temporary,
whether in the classified or unclassified or
exempt service receiving compensation,
even nominal, from the government. Sec.
2 (b)
Sec. 3. Corrupt practices of public officers.
In addition to acts or omissions of public
officers already penalized by existing law,
200
the following shall constitute corrupt practices
of any public officer and are hereby declared
unlawful:
(a) Persuading, inducing or influencing
another public officer to perform an act
constituting a violation of rules and regulations
duly promulgated by competent authority or an
offense in connection with the official duties
of the latter, or allowing himself to be
persuaded, induced, or influenced to commit
such violation or offense.
Two ways of violating this section
a. A public officer persuading, inducing or
influencing another public officer to perform:
i. An act constituting a violation
of rules and regulations duly
promulgated by competent
authority; or
ii. an offense in connection with
the official duties of the latter.
b. A public officer allowing himself to be
persuaded, induced or influenced to commit
such violation or offense.
Under both ways, the corruptor and the
corrupted public officer shall be liable for
the violation of this provision. (Boado, 2011,
p. 400)
(b) Directly or indirectly requesting or
receiving any gift, present, share, percentage,
or benefit, for himself or for any other person,
in connection with any contract or transaction
between the Government and any other part,
wherein the public officer in his official
capacity has to intervene under the law.
Elements
(1) the offender is a public officer;
(2) he requested or received a gift,
present, share, percentage or benefit;
(3) he made the request or present, share, receipt of a gift or
receipt on behalf of the offender percentage or benefit present is required
or any other person; is enough to constitute
a violation of this
(4) the request or receipt was section
made in connection with a Specific General Scope
contract or transaction with the
government and Limited only to (a) Performance of an
contracts or act constituting a
transactions involving crime;
(5) he has the right to intervene,
monetary (b) Execution of an
in an official capacity under the consideration where unjust act which does
law, in connection with a contract the public officer has not constitute a
or transaction has the right to the authority to crime;and
intervene. (Merencillo vs. People, intervene under the (c) Agreeing to refrain
G.R. Nos. 142369-70; Chang v. law or refraining from
People of the Philippines, G.R. No. doing an act which is
165111, 21 July 2006) his official duty to do

(Merencillo vs. People, G.R. Nos. 142369-70)

Section 3(b) penalizes three distinct acts –
1) demanding or requesting;
2) receiving; or
3) demanding, requesting and receiving
– Government permit or license, in consideration
any gift, present, share, percentage, or
benefit for oneself or for any other person,
in connection with any contract or
transaction between the government and
any other party, wherein a public officer
in an official capacity has to intervene
under the law. Each of these modes of
committing the offense is distinct and
different from one another. Proof of
existence of any of them suffices to
warrant conviction. (Cadiao-Palacios vs.
People, G.R. No. 168544)
RA 3019 Sec. 3(b) Direct Bribery
Offender is a public officer
mere request or Acceptance of a
demand of a gift, promise or offer or
(c) Directly or indirectly requesting or
receiving any gift, present or other pecuniary
or material benefit, for himself or for another,
from any person for whom the public officer,
in any manner or capacity, has secured or
obtained, or will secure or obtain, any
for the help given or to be given, without
prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his
family accept employment in a private
enterprise which has pending official business
with him during the pendency thereof or
within one year after its termination.
(e) Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage or preference in the discharge of his
official administrative or judicial functions
through manifest partiality, evident bad faith
or gross inexcusable negligence. This
provision shall apply to officers and
employees of offices or government
corporations charged with the grant of licenses
or permits or other concessions.
Two ways of violating this section

201
1. By causing any undue injury to any
party, including the government; or
2. By giving any party any unwarranted
benefit, advantage or preference. (Boado,
2011)
An accused may be charged under either
mode or under both should both modes
concur. (Constantino vs. Sandiganbayan,
G.R. No. 140656)
Elements
1. the accused is a public officer or a
private person charged in conspiracy with
the former;
2. he or she causes undue injury to any
party, whether the government or a private
party;
3. the said public officer commits the
prohibited acts during the performance of
his or her official duties or in relation to
his or her public positions;
4. such undue injury is caused by giving
unwarranted benefits, advantage or
preference to such parties; and
5. the public officer has acted with
manifest partiality, evident bad faith or
gross inexcusable negligence. (Constantino
vs. Sandiganbayan, G.R. No. 140656 citing
Villanueva v. Ople, G.R. No. 165125, 18
November 2005, citing Peralta v. Desierto, GR
No. 153152, 19 October 2005, 473 SCRA
322; Garcia-Rueda v. Amor, 365 SCRA 456,
20 September 2001)
Manifest partiality
has been characterized as "a clear,
notorious or plain inclination or
predilection to favor one side rather than
the other." (Reyes vs. Atienza, G.R. No.
152243; Marcelo v. Sandiganbayan, G.R. No.
69983, 14 May 1990 )
Evident Bad faith
202
connotes a manifest deliberate intent on the
part of the accused to do wrong or cause
damage. (Reyes vs. Atienza, G.R. No. 152243;
Marcelo v. Sandiganbayan, G.R. No. 69983, 14
May 1990 )
Gross inexcusable negligence
negligence characterized by the want of even
slight care, acting or omitting to act in a
situation where there is a duty to act, not
inadvertently but wilfully and intentionally
with a conscious indifference to consequences
in so far as other persons may be affected.
(Reyes v. Atienza, G.R. No. 152243; Fernando v.
Sandiganbayan, G.R. No. 96182-3, 19 August
1992)
Good faith and lack of malice is a valid
defense to the charge of violation of Sec. 3(e),
although a malum prohobitum, since one of its
elements is evident bad faith. (Boado, 2011)
(f) Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within a reasonable time on any matter
pending before him for the purpose of
obtaining, directly or indirectly, from any
person interested in the matter some pecuniary
or material benefit or advantage, or for the
purpose of favoring his own interest or giving
undue advantage in favor of or discriminating
against any other interested party.
Elements
a) The offender is a public officer;
b) The said officer has neglected or has
refused to act without sufficient justification
after due demand or request has been made on
him;
c) Reasonable time has elapsed from such
demand or request without the public officer
having acted on the matter pending before
him; and
d) Such failure to so act is for the purpose
of obtaining, directly or indirectly, from
any person interested in the matter some
pecuniary or material benefit or advantage
in favor of an interested party, or
discriminating against another. (Coronado
vs. Sandiganbayan, cited in Boado, 2011)
(g) Entering, on behalf of the Government,
into any contract or transaction manifestly
and grossly disadvantageous to the same,
whether or not the public officer profited
or will profit thereby.
Elements
1. Accused is a public officer;
2. He entered into a contract or transaction
in behalf of the government; and
3. Such contract or transaction is grossly
and manifestly disadvantageous to the
government. (Boado, 2011)
(h) Director or indirectly having financing
or pecuniary interest in any business,
contract or transaction in connection with
which he intervenes or takes part in his
official capacity, or in which he is
prohibited by the Constitution or by any
law from having any interest.
(i) Directly or indirectly becoming
interested, for personal gain, or having a
material interest in any transaction or act
requiring the approval of a board, panel or
group of which he is a member, and which
exercises discretion in such approval, even
if he votes against the same or does not
participate in the action of the board,
committee, panel or group.
203
Interest for personal gain shall be presumed
against those public officers responsible for
the approval of manifestly unlawful,
inequitable, or irregular transaction or acts by
the board, panel or group to which they
belong.
(j) Knowingly approving or granting any
license, permit, privilege or benefit in favor of
any person not qualified for or not legally
entitled to such license, permit, privilege or
advantage, or of a mere representative or
dummy of one who is not so qualified or
entitled.
(k) Divulging valuable information of a
confidential character, acquired by his office
or by him on account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized
release date.
The person giving the gift, present, share,
percentage or benefit referred to in
subparagraphs (b) and (c); or offering or
giving to the public officer the employment
mentioned in subparagraph (d); or urging the
divulging or untimely release of the
confidential information referred to in
subparagraph (k) of this section shall, together
with the offending public officer, be punished
under Section nine of this Act and shall be
permanently or temporarily disqualified in the
discretion of the Court, from transacting
business in any form with the Government.
Note: There is no double jeopardy if a
person is charged simultaneously or
successively for violation of Section 3 of RA
3019 and the Revised Penal Code. (Merencillo
vs. People, G.R. Nos. 142369-70)
Basis: Sec. 3, par. 1 - “in addition to acts
or omissions of public officers already
penalized by existing law…”
Prohibition on private individuals (Sec. 4)
 (a) It shall be unlawful for any person
having family or close personal relation
with any public official to capitalize or
exploit or take advantage of such family or
close personal relation by directly or
indirectly requesting or receiving any
present, gift or material or pecuniary
advantage from any other person having
some business, transaction, application,
request or contract with the government, in
which such public official has to intervene.
Family relation shall include the spouse or
relatives by consanguinity or affinity in
the third civil degree. The word "close
personal relation" shall include close
personal friendship, social and fraternal
connections, and professional employment
all giving rise to intimacy which assures
free access to such public officer.
(b) It shall be unlawful for any person
knowingly to induce or cause any public
official to commit any of the offenses
defined in Section 3 hereof.
Prohibition on certain relatives (Sec. 5)
It shall be unlawful for the spouse or for
any relative, by consanguinity or affinity,
within the third civil degree, of the
President of the Philippines, the
Vice-President of the Philippines, the
President of the Senate, or the Speaker of
the House of Representatives, to intervene,
directly or indirectly, in any business,
transaction, contract or application with
the Government:
Provided, That this section shall not apply
to any person who, prior to the assumption
of office of any of the above officials to
whom he is related, has been already
dealing with the Government along the
same line of business, nor to any
transaction, contract or application already
existing or pending at the time of such
assumption of public office, nor to any
application fi
204
led by him the approval of which is not
discretionary on the part of the official or
officials concerned but depends upon
compliance with requisites provided by law, or
rules or regulations issued pursuant to law, nor
to any act lawfully performed in an official
capacity or in the exercise of a profession.
Prohibition on Members of Congress (Sec.
6)
It shall be unlawful hereafter for any Member
of the Congress during the term for which he
has been elected, to acquire or receive any
personal pecuniary interest in any specific
business enterprise which will be directly and
particularly favored or benefited by any law or
resolution authored by him previously
approved or adopted by the Congress during
the same term.
The provision of this section shall apply to any
other public officer who recommended the
initiation in Congress of the enactment or
adoption of any law or resolution, and acquires
or receives any such interest during his
incumbency.
It shall likewise be unlawful for such member
of Congress or other public officer, who,
having such interest prior to the approval of
such law or resolution authored or
recommended by him, continues for thirty
days after such approval to retain such interest.
Penalties
(a) Any public officer or private person
committing any of the unlawful acts or
omissions enumerated in Sections 3, 4, 5 and 6
of this Act shall be punished with
imprisonment for not less than one year nor
more than ten years, perpetual disqualification
from public office , and confiscation or
forfeiture in favor of the Government of any
prohibited interest or unexplained wealth
manifestly out of proportion to his salary and
other lawful income.
All offenses punishable under this Act
shall prescribe in ten (10) years.
Exception (Sec. 14)
Unsolicited gifts or presents of small
insignificant value offered or given as a
mere ordinary token of gratitude or
friendship according to local customs or
usage, shall be excepted from the
provisions of this Act.
Effect of acquittal of public officer on
the private persons charged with him
One of the essential elements for violating
Sec. 3(e) of the anti-graft law is that
respondent is discharging administrative,
judicial or official functions, or that he is a
private individual in conspiracy with such
public officer. The acquittal of the public
official removes the critical requisite of a
public officer with whom the private
individual allegedly conspired to commit
the crime. It is illogical to absolve the
public official who entered into the
contract on behalf of the government and
send the private person to prison. (Boado,
2011)
RA No. 8049
Anti-Hazing Law
No hazing or initiation rites in any form or
manner by a fraternity, sorority or
organization shall be allowed without
prior written notice to the school
authorities or head of organization
seven (7) days before the conduct of
such initiation. The written notice shall
indicate the period of the initiation
activities which shall not exceed three (3)
days, shall include the names of those to
be subjected to such activities, and shall
205
further contain an undertaking that no physical
violence be employed by anybody during such
initiation rites.
Hazing
an initiation rite or practice as a prerequisite
for admission into membership in a fraternity,
sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing or
humiliating situations such as forcing him to
do menial, silly, foolish and other similar tasks
or activities or otherwise subjecting him to
physical or psychological suffering or injury.
The act of hazing itself is not inherently
immoral, but the law deems the same to be
against public policy and must be prohibited.
Accordingly, the existence of criminal intent is
immaterial in the crime of hazing. Also, the
defense of good faith cannot be raised in its
prosecution. (Dungo and Sibal vs. People, G.R.
No. 209464)
Organization
- any club or the Armed Forces of the Philippines,
Philippine National Police, Philippine Military
Academy, or officer and cadet corp of the
Citizen's Military Training and Citizen's Army
Training. The physical, mental and psychological
testing and training procedure and practices to
determine and enhance the physical, mental and
psychological fitness of prospective regular
members of the Armed Forces of the Philippines
and the Philippine National Police as approved by
the Secretary of National Defense and the
National Police Commission duly recommended
by the Chief of Staff, Armed Forces of the
Philippines and the Director General of the
Philippine National Police shall not be considered
as hazing for the purposes of this Act.
Classification of offenders under the law activity or work in
and penalties which he was
habitually engaged.
Principal offenders:

a. Officers and members who actually if in consequence of reclusion temporal in

participated in inflicting physical the hazing the victim its minimum period
harm shall be liable for the death or shall become (12 years and one day
an injury to the victim. deformed or shall to 14 years and 8
b. Parents of the officers/members who have lost any other months)
have actual knowledge of hazing part of his body, or
conducted in their home and failed to shall have lost the use
take action to prevent the violation . thereof, or shall have
c. Officers, former officers, or alumni of been ill or
the organization who actually planned incapacitated for the
the hazing althoug not present at the performance on the
time. activity or work in
d. Those who knowingly cooperated in which he was
carrying out the hazing by inducing habitually engaged for
the victim to be present thereat. a period of more than
e. The organization’s adviser who is ninety (90) days.
present when the prohibited acts were
committed and failed to take any
action to prevent the same. (Boado, if in consequence of prison mayor in its
2011) the hazing the victim maximum period (10
shall have been ill or years and one day to
PENALTY FOR HAZING incapacitated for the 12 years)
performance on the
For those who PENALTY
activity or work in
participated in the
which he was
hazing
habitually engaged for
Death, rape, sodomy Reclusion Perpetua a period of more than
or mutilation (Life imprisonment) thirty (30) days.
If in consequence of reclusion temporal
the hazing the victim in its maximum
shall become insane, period (17 years, 4 if in consequence of prison mayor in its
imbecile, impotent or months and 1 day to the hazing the victim medium period (8
blind 20 years) shall have been ill or years and one day to
if in consequence of reclusion temporal in incapacitated for the 10 years)
the hazing the victim its medium period (14 performance on the
shall have lost the use years, 8 months and activity or work in
of speech or the power one day to 17 years which he was
to hear or to smell, or and 4 months) habitually engaged for
shall have lost an eye, a period of ten (10)
a hand, a foot, an arm days or more, or that
or a leg or shall have the injury sustained
lost the use of any shall require medical
such member shall assistance for the
have become same period.
incapacitated for the if in consequence of prison mayor in its

206
 the hazing the victim minimum period (6 (b) when the recruit, neophyte or applicant
shall have been ill or years and one day to 8 initially consents to join but upon learning
incapacitated for the years) that hazing will be committed on his person,
performance on the is prevented from quitting;
activity or work in
which he was (c) when the recruit, neophyte or applicant
habitually engaged having undergone hazing is prevented from
from one (1) to nine reporting the unlawful act to his parents or
(9) days, or that the guardians, to the proper school authorities,
injury sustained shall or to the police authorities, through force,
require medical violence, threat or intimidation;
assistance for the
same period. (d) when the hazing is committed outside of
the school or institution; or

if in consequence of prison correccional in (e) when the victim is below twelve (12)
the hazing the victim its maximum period years of age at the time of the hazing.
sustained physical (4 years, 2 months
injuries which do not and one day to 6 Prima facie evidence of participation as
prevent him from years) principal
engaging in his
habitual activity or The presence of any person during the hazing
work nor require is prima facie evidence of participation therein
medical attendance. as principal unless he prevented the
commission of the acts punishable herein.

Any person charged under this provision shall

Accomplices: not be entitled to the mitigating circumstance
a. The owner of the place who has that there was no intention to commit so grave
actual knowledge of hazing conducted a wrong.
therein but failed to take any action to
prevent the same. RA NO. 6235
b. School authorities/ faculty who
consent or have actual knowledge of the Anti - Hijacking Law
prohibited activities, but failed to take any
Punishable Acts
action to prevent these. (Boado)
1. compel a change in the course or
Aggravating Circumstances destination of an aircraft of Philippine registry;
or
The maximum penalty herein provided 2. to seize or usurp the control of an
shall be imposed in any of the following aircraft of Philippine registry, while it is in
instances: flight.

(a) when the recruitment is

accompanied by force, violence, threat,
intimidation or deceit on the person of
the recruit who refuses to join;
In Flight
When all the exterior doors of the aircraft are
closed following embarkation until opened for
disembarkation althought it has not moved
away.

207
If not in flight, the crime may be under the
RPC, such as grave threat or coercion.
(Boado)
3. compel an aircraft of foreign registry
to land in Philippine territory;or
4. to seize or usurp the control of an
aircraft of foreign registry while it is
within the Philippine Territory
Penalties
imprisonment of not less than 12 years but
not more than 20 years, or by a fine of not
less than 20,000 pesos but not more than
40,000 pesos
imprisonment of fifteen years to death, or
a fine of not less than twenty-five
thousand pesos but not more than fifty
thousand pesos shall be imposed upon any
person committing such violation under
any of the following circumstances:
1. Whenever he has fired upon
the pilot, member of the crew or
passenger of the aircraft;
2. Whenever he has exploded or
attempted to explode any bomb or
explosive to destroy the aircraft; or
3. Whenever the crime is
accompanied by murder, homicide,
serious physical injuries or rape.
5. Carrying or loading on board a
passenger aircraft operating as a public
utility in the Philippines, substances which
are corrosive, flammable,explosive, or
poisonous.
6. Shipping or loading such substances
on a cargo aircraft operating as public
utility in the Philippines im a manner not
in accordance with the rules and
regulations issued by the Air
Transportation Office.
208
PD No. 532
Anti-Piracy and Anti-Highway
Robbery
Piracy
Any attack upon or seizure of any vessel, or
the taking away of the whole or part thereof or
its cargo, equipment, or the personal
belongings of its complement or passengers,
irrespective of the value thereof, by means of
violence against or intimidation of persons or
force upon things, committed by any person,
including a passenger or member of the
complement of said vessel, in Philippine
waters, shall be considered as piracy. The
offenders shall be considered as pirates and
punished as hereinafter provided.
The penalty of reclusion temporal in its
medium and maximum periods shall be
imposed. If physical injuries or other crimes
are committed as a result or on the occasion
thereof, the penalty of reclusion perpetua shall
be imposed. If rape, murder or homicide is
committed as a result or on the occasion of
piracy, or when the offenders abandoned the
victims without means of saving themselves,
or when the seizure is accomplished by firing
upon or boarding a vessel, the mandatory
penalty of death shall be imposed.
Under P.D. 532 of 1974, the coverage of the
law on piracy embraces any person including
“a passenger of member of the complement of
said vessel in Philippine waters. Hence,
passenger or nor, a member of the complement
or not, any person is covered by P.D. 532.
(People vs. Tulin, G.R. No. 111709, Aug. 30,
2001 cited in Boado,2011)
Highway Robbery/Brigandage
The seizure of any person for ransom,
extortion or other unlawful purposes, or the
taking away of the property of another by
means of violence against or intimidation of
person or force upon things of other unlawful
means, committed by any person on any
Philippine Highway. Art. 122 RPC, as P.D. 532
amended by RA
Penalty: reclusion temporal in its 7659
minimum period The malefactors are They may include the
not members of its members of its
complement or complement or
Philippine Highway passenger. passenger.
Covers the high seas Philippine waters only
It shall refer to any road, street, passage, and Philippine waters
highway and bridges or other parts thereof, As to the qualifying The same
or railway or railroad within the Philippines circumstances Piracy circumstances qualify
used by persons, or vehicles, or locomotives is qualified by except that under Sec.
or trains for the movement or circulation of 3 (a) “other crimes”
persons or transportation of goods, articles, b. boarding or are included as
or property or both. firing upon the qualifying. In effect,
vessel to seize it any crime can qualify
c. By abandoning piracy in P.D. 532.
Aggravating circumstances
the victims
without means of
a) Physical injuries or other crimes
saving
are committed during or on the
themselves
occasion of the commission of d. Committing
robbery or brigandage the murder,
penalty of Reclusion temporal in homicide,
its medium and maximum physical injuries
periods shall be imposed; or rape
b) Kidnapping for ransom or
extortion, or murder or homicide,
or rape is committed as a result
or on occasion thereof, the
penalty of reclusion perpetua
(R.A. 9346) shall be imposed.
Art. 306 of the RPC P.D. No. 532
Punishes the mere Punishes the seizure
formation of a band of of any person for
brigands or mere ransom, extortion or
formation of a band other unlawful
whose purpose is to purposes, or the
commit robbery in a taking away of the
highway. property of another,
by means of violence
against or intimidation
of persons or force
upon things or other
unlawful means,
committed by any
person on any
Philippine Highway.

209
Committed by more The number of
than three armed perpetrators is no
persons who form a longer an essential
band of robbers element of the crime
of brigandage defined
under this law. Even
only one malefactor
can commit
brigandage or
highway robbery.
(Boado,2011)
To obtain conviction for highway robbery,
the prosecution should prove that the
accused were organized for the purpose of
committing robbery indiscriminately.
There is indiscrimate robbery if the
purpose of the brigandage is to victimize
any person or if the robbery is not an
isolated case only but there is evidence to
show that previous acts of depredations
have been committed by the malefactors.
(Boado, 2011)
Not any kind of robbery in a highway will
give rise to brigandage under P.D. 532.
Brigandage contemplates that the offender
moves from place to place and plunders
any victim he may come across regardless
of whether the victim has the potential of
being robbed of something or nothing.
There is no preconceived victim here. If
there was a preconceived victim in mind,
although committed in a highway, the
crime is robbery under Art. 294 of the
RPC. (People vs. Puno, cited in Boado, p.
371)
The number of perpetrapors is no longer
an essential element of the crime of
brigandage as defined by P.D. 532.
(People vs. Mendoza, G.R. No. 104461)
210
Aiding pirates or highway
robbers/brigands or abetting piracy or
highway robbery/brigandage
Any person who knowingly and in any
manner aids or protects pirates or highway
robbers/brigands, such as
a. giving them information about the
movement of police or other peace
officers of the government; or
b. acquires or receives property taken by
such pirates or brigands or in any manner
derives any benefit therefrom; or
c. any person who directly or indirectly
abets the commission of piracy or
highway robbery or brigandage,
shall be considered as an accomplice of the
principal offenders and be punished in
accordance with the Rules prescribed by the
Revised Penal Code.
Presumption
It shall be presumed that any person who does
any of the acts provided in this Section has
performed knowingly, unless the contrary is
proven.
RA NO. 7080
Anti-Plunder Act
Plunder
Is the crime of public officer of amassing
wealth for at least P50 million pesos (as
amended by by a series or combination of
overt acts each of which may consitute
different offenses. It does not require that each
act be proved distinctly from each other. It is
enough that the acts show a pattern of
accumulation. The series of acts is in the
nature of continued crime deemed as only one.
(Boado, p. 387)
Elements:
(1) That the offender is a public officer
who acts by himself or in connivance with
members of his family, relatives by
affinity or consanguinity, business
associates, subordinates or other persons;
(2) That he amassed, accumulated or
acquired ill-gotten wealth through a
combination or series of the following
overt or criminal acts described in Section
1 (d) of R.A. No. 7080 as amended; and
(3) That the aggregate amount or total
value of the ill-gotten wealth amassed,
accumulated or acquired is at least
P50,000,000.00.(Estrada vs. Sandiganbayan,
G.R. No. 148560. November 19, 2001)
Penalties:
life imprisonment with perpetual absolute
disqualification from holding any public
office
Any person who participated with said
public officer in the commission of
plunder shall likewise be punished. In the
imposition of penalties, the degree of
participation and the attendance of
mitigating and extenuating circumstances
shall be considered by the court. The court
shall declare any and all ill-gotten wealth
and their interests and other incomes and
assets including the properties and shares
of stock derived from the deposit or
investment thereof forfeited in favor of the
State.
Sec. 1 (d) Ill-gotten wealth
means any asset, property, business
enterprise or material possession of any
person within the purview of Section Two
(2) hereof, acquired by him directly or
indirectly through dummies, nominees,
agents, subordinates and/or business
associates by any combination or series of
the following means or similar schemes:
211
1) Through misappropriation, conversion,
misuse, or malversation of public funds or
raids on the public treasury;
2) By receiving, directly or indirectly, any
commission, gift, share, percentage, kickbacks
or any other form of pecuniary benefit from
any person and/or entity in connection with
any government contract or project or by
reason of the office or position of the public
officer concerned;
3) By the illegal or fraudulent conveyance or
disposition of assets belonging to the National
Government or any of its subdivisions,
agencies or instrumentalities or
government-owned or -controlled corporations
and their subsidiaries;
4) By obtaining, receiving or accepting
directly or indirectly any shares of stock,
equity or any other form of interest or
participation including promise of future
employment in any business enterprise or
undertaking;
5) By establishing agricultural, industrial or
commercial monopolies or other combinations
and/or implementation of decrees and orders
intended to benefit particular persons or
special interests; or
6) By taking undue advantage of official
position, authority, relationship, connection or
influence to unjustly enrich himself or
themselves at the expense and to the damage
and prejudice of the Filipino people and the
Republic of the Philippines.
Combination
Refers to at least two enumerations provided
in Section 1[d], e.g., raids on the public
treasury (sub-paragraph 1), and fraudulent
conveyance of assets belonging to the National
Government (sub-paragraph 3), (Boado)
Series
There must be two or more overt or criminal
acts falling under the same category of
enumeration found in Section 1[d]
Prescription of Crimes
The crime punishable under this Act shall
prescribe in twenty (20) years. However, the
right of the State to recover properties
unlawfully acquired by public officers from
them or from their nominees or transferees
shall not be barred by prescription, laches, or
estoppel.
Section 3. Competent Court - Until
otherwise provided by law, all
prosecutions under this Act shall be within
the original jurisdiction of the
Sandiganbayan.
Section 4. Rule of Evidence - For
purposes of establishing the crime of
plunder, it shall not be necessary to prove
each and every criminal act done by the
accused in furtherance of the scheme or
conspiracy to amass, accumulate or
acquire ill-gotten wealth, it being
sufficient to establish beyond reasonable
doubt a pattern of overt or criminal acts
indicative of the overall unlawful
scheme or conspiracy.
“Pattern”
Under Sec. 1 [d], a pattern consists of at
least a combination or series of overt or
criminal acts enumerated in subsections [1]
to [6]. Pursuant to Sec. 2, the pattern of
overt or criminal acts is directed towards a
common purpose or goal which is to
enable the public officer to amass,
accumulate or acquire ill-gotten wealth.
There must be either an overall unlawful
scheme or conspiracy to achieve said
common goal. (Boado, p.389)
- Not an element of plunder
Overall unlawful scheme
A general plan of action or method which
the principal accused and public officer
and others conniving with him follow to
achieve the common goal which is to
enable the public officer to amass,
accumulate or acquire ill-gotten wealth.
212
Section 5. Suspension and Loss of Benefits -
Any public officer against whom any criminal
prosecution under a valid information under
this Act in whatever stage of execution and
mode of participation, is pending in court,
shall be suspended from office. Should he be
convicted by final judgment, he shall lose all
retirement or gratuity benefits under any law,
but if he is acquitted, he shall be entitled to
reinstatement and to the salaries and other
benefits which he failed to receive during
suspension, unless in the meantime,
administrative proceedings have been filed
against him.
RA NO. 7877
Anti-Sexual Harassment Act of
1995
Sexual Harassment
Work, education or training-related sexual
harassment is committed by an employer,
employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach,
trainor, or any other person who, having
authority, influence or moral ascendancy over
another in a work or training or education
environment, demands, requests or otherwise
requires any sexual favor from the other,
regardless of whether the demand, request or
requirement for submission is accepted by the
object of said Act.
(a) In a work-related or employment
environment, sexual harassment is
committed when:
(1) The sexual favor is
made as a condition in the
hiring or in the employment,
re-employment or continued
 employment of said
individual, or in granting
said individual favorable (3) When the sexual
compensation, terms of favor is made a condition
conditions, promotions, or to the giving of a passing
privileges; or the refusal grade, or the granting of
to grant the sexual favor honors and scholarships,
results in limiting, or the payment of a
segregating or classifying stipend, allowance or other
the employee which in benefits, privileges, or
any way would consideration; or
discriminate, deprive
ordiminish employment
opportunities or otherwise (4) When the sexual
adversely affect said advances result in an
employee; intimidating, hostile or
offensive environment
for the student, trainee
or apprentice.
(2) The above acts
would impair the
employee's rights or
privileges under existing
labor laws; or
Any person who directs or induces another
to commit any act of sexual harassment as
herein defined, or who cooperates in the
(3) The above commission thereof by another without which
acts would result it would not have been committed, shall also
in an intimidating, be held liable under this Act.
hostile, or
offensive
environment for
the employee. Elements

1. The employer, employee, manager,

(b) In an education or training supervisor, agent of the employer, teacher,
environment, sexual harassment is instructor, professor, coach, trainor, or any
committed: other person has authority, influence or moral
asecndancy over another;
(1) Against one who is
under the care, custody or 2. The authority, influence or moral
supervision of the ascendency exists in a working environment;
offender; and
3. The employer, employee, manager,
supervisor, agent of the employer, teacher,
(2) Against one instructor, professor, coach or any other person
whose education, having authority, influence or moral
training, ascendency makes a deman, request or
apprenticeship or requirement of a sexual favor. (Boado)
tutorship is
entrusted to the
offender;

213
A mere casual buss on the cheek therefore
is not a sexual conduct or favor and does
not fall within the purview of sexual
harassment under R.A. 7877. There is no
showing that respondent judge demanded,
requested or required any sexual favor
from complainant in exchange for
“favorable compensation, terms,
conditions, promotion or privileges”
specified under Sec. 3 of R.A. 7877.
(Aquino vs. Acosta, A.M. CTA-01-1, April
2, 2002 cited in Boado)
SECTION 5. Liability of the Employer,
Head of Office, Educational or Training
Institution
The employer or head of office,
educational or training institution shall be
solidarily liable for damages arising
from the acts of sexual harassment
committed in the employment, education
or training environment if the employer
or head of office, educational or training
institution is informed of such acts by the
offended party and no immediate action
is taken.
Penalties
Any person who violates the provisions
of this Act shall, upon conviction, be
penalized by imprisonment of not less
than one (1) month nor more than six
(6) months, or a fine of not less than
Ten thousand pesos (P10,000) nor
more than Twenty thousand pesos
(P20,000), or both such fine and
imprisonment at the discretion of the
court.
214
RA NO. 9745
Anti Torture Act
Torture
refers to an act by which severe pain or
suffering, whether physical or mental, is
intentionally inflicted on a person for such
purposes as obtaining from him or a third
person information or a confession;
punishing him for an act he or a third person
has committed; or intimidating or coercing
him or a third person; or for any reason based
on discrimination of any kind, when such
pain or suffering is inflicted by or at
instigation of or with the consent of
acquiescence of a person in authority or
agent of a person in authority.
Kinds of Torture
a. Physical torture (Sec. 4 [a])
is a form of treatment or punishment inflicted
by a person in authority or agent of a person in
authority upon another in his/her custody that
causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body,
such as:
(1) Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or
other similar objects, and jumping on the
stomach;
(2) Food deprivation or forcible feeding with
spoiled food, animal or human excreta and
other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by
electrically heated rods, hot oil, acid; by
the rubbing of pepper or other chemical
substances on mucous membranes, or
acids or spices directly on the wound(s);
(5) The submersion of the head in water or
water polluted with excrement, urine,
vomit and/or blood until the brink of
suffocation;
(6) Being tied or forced to assume fixed
and stressful bodily position;
(7) Rape and sexual abuse, including the
insertion of foreign objects into the sex
organ or rectum, or electrical torture of the
genitals;
(8) Mutilation or amputation of the
essential parts of the body such as the
genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction
of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements
such as sunlight and extreme cold;
(12) The use of plastic bag and other
materials placed over the head to the point
of asphyxiation;
(13) The use of psychoactive drugs to
change the perception, memory. alertness
or will of a person, such as:
(i) The administration or drugs to
induce confession and/or reduce mental
competency; or
(ii) The use of drugs to induce
extreme pain or certain symptoms of a
disease; and
215
(14) Other analogous acts of physical torture;
and
b. Mental/Psychological Torture (Sec. 4
[b])
refers to acts committed by a person in
authority or agent of a person in authority
which are calculated to affect or confuse the
mind and/or undermine a person's dignity and
morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher
relative(s) with bodily harm, execution or
other wrongful acts;
(3) Confinement in solitary cells or secret
detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial",
public display or public humiliation of a
detainee or prisoner;
(6) Causing unscheduled transfer of a person
deprived of liberty from one place to another,
creating the belief that he/she shall be
summarily executed;
(7) Maltreating a member/s of a person's
family;
(8) Causing the torture sessions to be
witnessed by the person's family, relatives or
any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the
person naked, parading him/her in public
places, shaving the victim's head or putting
marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to
communicate with any member of his/her
family; and
(12) Other analogous acts of
mental/psychological torture.
c. Other Cruel, Inhuman and
Degrading Treatment or Punishment.
Other cruel, inhuman or degrading
treatment or punishment refers to a
deliberate and aggravated treatment or
punishment not enumerated under Section
4 of this Act, inflicted by a person in
authority or agent of a person in authority
against another person in custody, which
attains a level of severity sufficient to
cause suffering, gross humiliation or
debasement to the latter.
The assessment of the level of severity
shall depend on all the circumstances of
the case, including the duration of the
treatment or punishment, its physical and
mental effects and, in some cases, the sex,
religion, age and state of health of the
victim. (Sec. 5)
Offenders
PRINCIPAL:
1. Direct participator, inducer and
indispensable cooperator;
2. Superior military, police or law
enforcement officer or senior government
official who ordered any lower ranking
personnel to commit torture for whatever
purpose;
3. Immediate commanding officer of the
unit of the AFP; immediate senior public
official of the PNP and other law
216
enforcement agencies for any act, omission or
negligence committed by him that led, assisted,
abetted or allowed, directly or indirectly, the
comission thereof;
4. Commanding officer or senior public
official who has knowledge of or should have
known that said acts shall be, is being, or has
been committed by his subordinates or other
within his area of responsibility and, despite
such knowledge, did not take preventive or
corrective action, before, during or
immediately after its commission, when he has
the authority to prevent or investigate
allegations thereof but failed to do so, whether
deliberately or due to negligence.
ACCESSORIES:
1. Any public officer or employee who has
knowledge that torture or other cruel, inhuman
or degrading treatment or punishment is being
committed and not being either principal or
accomplice, takes part subsequent to its
commission in any of the following ways:
a. Profiting from or assisting the
offender to profit from the effects of the
act of torture or other cruel, inhuman and
degrading treatment or punishment;
b. By concealing the said acts and/or
destroying the effects or instruments
thereof in order to prevent its discovery; or
c. By harboring, concealing or assisting
in the escape of the principal in the act of
torture or other cruel, inhuman and
degrading treatment or punishment
provided that the acts are done with abuse
of the official’s public functions.

Prohibited Detention
Secret detention places, solitary
confinement, incommunicado or other
similar forms of detention, where
torture may be carried out with
impunity are hereby prohibited. (Sec.
7)
Applicability of the Exclusionary
Rule
Any confession, admission
statement obtained as a result of torture
shall be inadmissible in evidence in
any proceedings.
Exception:
if the same is used as evidence
against a person or persons accused of
committing torture.
Penalties.
(a) The penalty of reclusion perpetua
shall be imposed upon the perpetrators
of the following acts:
(1) Torture resulting in the death of
any person;
(2) Torture resulting in mutilation;
(3) Torture with rape;
(4) Torture with other forms of sexual
abuse and, in consequence of torture,
the victim shall have become insane,
imbecile, impotent, blind or maimed for
life; and
Note: Sec. 14 (1), (2), (3), (4) are special
complex or composite crimes.
(5) Torture committed against children.
(b) The penalty of reclusion temporal shall
be imposed on those who commit any act
of mental/psychological torture resulting in
insanity, complete or partial amnesia, fear
of becoming insane or suicidal tendencies
of the victim due to guilt, worthlessness or
shame.
or (c) The penalty of prision correccional
shall be imposed on those who commit any
act of torture resulting in psychological,
mental and emotional harm other than
those described 1n paragraph (b) of this
section. '
(d) The penalty of prision mayor in its
medium and maximum periods shall be
imposed if, in consequence of torture, the
victim shall have lost the power of speech
or the power to hear or to smell; or shall
have lost an eye, a hand, a foot, an arm or
a leg; or shall have lost the use of any such
member; Or shall have become
permanently incapacitated for labor.
(e) The penalty of prision mayor in its
minimum and medium periods shall be
imposed if, in consequence of torture, the
victim shall have become deformed or
shall have lost any part of his/her body
other than those aforecited, or shall have
lost the use thereof, or shall have been ill
or incapacitated for labor for a period of
more than ninety (90) days.
217
(f) The penalty of prision correccional
in its maximum period to prision
mayor in its minimum period shall be
imposed if, in consequence of torture,
the victim shall have been ill or
incapacitated for labor for mare than
thirty (30) days but not more than
ninety (90) days.
(g) The penalty of prision correccional
in its minimum and medium period
shall be imposed if, in consequence of
torture, the victim shall have been ill or
incapacitated for labor for thirty (30)
days or less.
(h) The penalty of arresto mayor shall
be imposed for acts constituting cruel,
inhuman or degrading treatment or
punishment as defined in Section 5 of
this Act.
(i) The penalty of prision correccional
shall be imposed upon those who
establish, operate and maintain secret
detention places and/or effect or cause
to effect solitary confinement,
incommunicado or other similar forms
of prohibited detention as provided in
Section 7 of this Act where torture may
be carried out with impunity.
(j) The penalty of arresto mayor shall
be imposed upon the responsible
officers or personnel of the AFP, the
PNP and other law enforcement
agencies for failure to perform his/her
duty to maintain, submit or make
available to the public an updated list
of detention centers and facilities with
the corresponding data on the prisoners
or detainees incarcerated or detained
218
therein, pursuant to Section 7 of this Act.
Torture as a Separate and Independent
Crime
Torture as a crime shall not absorb or shall
not be absorbed by any other crime or
felony committed as a consequence, or as a
means in the conduct or commission
thereof. In which case, torture shall be
treated as a separate and independent
criminal act whose penalties shall be
imposable without prejudice to any other
criminal liability provided for by domestic
and international laws. (Sec. 15)
Applicability of the Revised Penal
Code.
The provisions of the Revised Penal Code
insofar as they are applicable shall be
suppletory to this Act. Moreover, if the
commission of any crime punishable under
Title Eight (Crimes Against Persons) and
Title Nine (Crimes Against Personal
Liberty and Security) of the Revised Penal
Code is attended by any of the acts
constituting torture and other cruel,
inhuman and degrading treatment or
punishment as defined herein, the penalty
to be imposed shall be in its maximum
period. (Sec. 22)
The law regards torture as a very serious
offense for Section 16 excludes the offender in
the crime of torture from any special amnesty
law or similar measures that will have the
effect of exempting them from any
criminal proceedings and sanctions.
(Boado)
Refouler Rule
No person shall be expelled, returned or
extradited to another State where there are
substantial grounds to believe that he shall
be in danger of being subjected to torture.
RA No. 9208
Anti-Trafficking in Persons Act
Definition of Terms
Child
refers to a person below eighteen (18)
years of age or one who is over eighteen
(18) but is unable to fully take care of or
protect himself/herself from abuse, neglect,
cruelty, exploitation, or discrimination
because of a physical or mental disability
or condition.
Trafficking in Persons
refers to the recruitment, transportation,
transfer or harboring, or receipt of persons
with or without the victim's consent or
knowledge, within or across national
borders by means of threat or use of force,
or other forms of coercion, abduction,
fraud, deception, abuse of power or of
position, taking advantage of the
vulnerability of the person, or, the giving
or receiving of payments or benefits to
achieve the consent of a person having
control over another person for the
purpose of exploitation which includes at a
minimum, the exploitation or the
prostitution of others or other forms of
219
sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of
organs.
The recruitment, transportation, transfer,
harboring or receipt of a child for the purpose
of exploitation shall also be considered as
"trafficking in persons" even if it does not
involve any of the means set forth in the
preceding paragraph.
Forced Labor and Slavery
refer to the extraction of work or services from
any person by means of enticement, violence,
intimidation or threat, use of force or coercion,
including deprivation of freedom, abuse of
authority or moral ascendancy, debt-bondage
or deception.
Sex Tourism
refers to a program organized by travel and
tourism-related establishments and individuals
which consists of tourism packages or
activities, utilizing and offering escort and
sexual services as enticement for tourists. This
includes sexual services and practices offered
during rest and recreation periods for members
of the military.
Sexual Exploitation
refers to participation by a person in
prostitution or the production of pornographic
materials as a result of being subjected to a
threat, deception, coercion, abduction, force,
abuse of authority, debt bondage, fraud or
through abuse of a victim's vulnerability.
Debt Bondage
refers to the pledging by the debtor of his/her
personal services or labor or those of a person
under his/her control as security or payment
for a debt, when the length and nature of
services is not clearly defined or when the
value of the services as reasonably
assessed is not applied toward the
liquidation of the debt.
Pornography
refers to any representation, through
publication, exhibition, cinematography,
indecent shows, information technology,
or by whatever means, of a person
engaged in real or simulated explicit
sexual activities or any representation of
the sexual parts of a person for primarily
sexual purposes.
Acts of Trafficking in Persons
It shall be unlawful for any person,
natural or juridical, to commit any of the
following acts:
(a) To recruit, transport, transfer; harbor,
provide, or receive a person by any means,
including those done under the pretext of
domestic or overseas employment or
training or apprenticeship, for the purpose
of prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(b) To introduce or match for money,
profit, or material, economic or other
consideration, any person or, as provided
for under Republic Act No. 6955, any
Filipino woman to a foreign national, for
marriage for the purpose of acquiring,
buying, offering, selling or trading him/her
to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them
to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
220
(d) To undertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution, pornography
or sexual exploitation;
(e) To maintain or hire a person to engage in
prostitution or pornography;
(f) To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct
a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale
of organs of said person; and
(h) To recruit, transport or adopt a child to
engage in armed activities in the Philippines or
abroad.
Section 5. Acts that Promote Trafficking in
Persons. - The following acts which promote
or facilitate trafficking in persons, shall be
unlawful:
(a) To knowingly lease or sublease, use or
allow to be used any house, building or
establishment for the purpose of promoting
trafficking in persons;
(b) To produce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and
certificates of any government agency which
issues these certificates and stickers as proof
of compliance with government regulatory and
pre-departure requirements for the purpose of
promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including the use of
information technology and the internet, of
any brochure, flyer, or any propaganda
material that promotes trafficking in
persons;
(d) To assist in the conduct of
misrepresentation or fraud for purposes of
facilitating the acquisition of clearances
and necessary exit documents from
government agencies that are mandated to
provide pre-departure registration and
services for departing persons for the
purpose of promoting trafficking in
persons;
(e) To facilitate, assist or help in the exit
and entry of persons from/to the country at
international and local airports, territorial
boundaries and seaports who are in
possession of unissued, tampered or
fraudulent travel documents for the
purpose of promoting trafficking in
persons;
(f) To confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of trafficked
persons in furtherance of trafficking or to
prevent them from leaving the country or
seeking redress from the government or
appropriate agencies; and
(g) To knowingly benefit from, financial
or otherwise, or make use of, the labor or
services of a person held to a condition of
involuntary servitude, forced labor, or
slavery.
Qualified Trafficking in Persons
The following are considered as qualified
trafficking:
(a) When the trafficked person is a child;
221
(b) When the adoption is effected through
Republic Act No. 8043, otherwise known as
the "Inter-Country Adoption Act of 1995" and
said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt
bondage;
(c) When the crime is committed by a
syndicate, or in large scale.
Trafficking is deemed committed by a
syndicate if carried out by a group of three (3)
or more persons conspiring or confederating
with one another.
It is deemed committed in large scale if
committed against three (3) or more persons,
individually or as a group;
(d) When the offender is an ascendant, parent,
sibling, guardian or a person who exercises
authority over the trafficked person or when
the offense is committed by a public officer or
employee;
(e) When the trafficked person is recruited to
engage in prostitution with any member of the
military or law enforcement agencies;
(f) When the offender is a member of the
military or law enforcement agencies; and
(g) When by reason or on occasion of the act
of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is
afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency
Syndrome (AIDS).
Section 6. Confidentiality
At any stage of the investigation, prosecution
and trial of an offense under this Act, law
enforcement officers, prosecutors, judges, court
personnel and medical practitioners, as well as
parties to the case, shall recognize the right to
privacy of the trafficked person and the
accused. Towards this end, law enforcement
officers, prosecutors and judges to whom the
complaint has been referred may, whenever
necessary to ensure a fair and impartial
proceeding, and after considering all
circumstances for the best interest of the
parties, order a closed-door investigation,
prosecution or trial. The name and personal
circumstances of the trafficked person or of the
accused, or any other information tending to
establish their identities and such
circumstances or information shall not be
disclosed to the public.
(a) Any person found guilty of committing any
of the acts enumerated in Section 4 shall suffer
the penalty of imprisonment of twenty (20)
years and a fine of not less than One million
pesos (P1,000,000.00) but not more than Two
million pesos (P2,000,000.00);
(b) Any person found guilty of committing any
of the acts enumerated in Section 5 shall suffer
the penalty of imprisonment of fifteen (15)
years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more
than One million pesos (P1,000,000.00);

In cases when prosecution or trial is conducted

(c) Any person found guilty of qualified
behind closed-doors, it shall be unlawful for
trafficking under Section 6 shall suffer the
any editor, publisher, and reporter or
penalty of life imprisonment and a fine of not
columnist in case of printed materials,
less than Two million pesos (P2,000,000.00)
announcer or producer in case of television
but not more than Five million pesos
and radio, producer and director of a film
(P5,000,000.00);
in case of the movie industry, or any
person utilizing tri-media facilities or
(d) Any person who violates Section 7 hereof
information technology to cause publicity
shall suffer the penalty of imprisonment of six
of any case of trafficking in persons.
(6) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not
Section 8 Prosecution of Cases
more than One million pesos (P1,000,000.00);
Any person who has personal
(e) If the offender is a corporation, partnership,
knowledge of the commission of any
association, club, establishment or any
offense under this Act, the trafficked
juridical person, the penalty shall be imposed
person, the parents, spouse, siblings,
upon the owner, president, partner, manager,
children or legal guardian may file a
and/or any responsible officer who
complaint for trafficking.
participated in the commission of the crime or
who shall have knowingly permitted or failed
Section 9 Venue
to prevent its commission;
A criminal action arising from violation of
(f) The registration with the Securities and
this Act shall be filed where the offense
Exchange Commission (SEC) and license to
was committed, or where any of its
operate of the erring agency, corporation,
elements occurred, or where the trafficked
association, religious group, tour or travel
person actually resides at the time of the
agent, club or establishment, or any place of
commission of the offense: Provided, That
entertainment shall be cancelled and revoked
the court where the criminal action is first
permanently. The owner, president, partner or
filed shall acquire jurisdiction to the
manager thereof shall not be allowed to
exclusion of other courts.
operate similar establishments in a different
name;
Penalties and Sanctions

222
(g) If the offender is a foreigner, he shall
be immediately deported after serving his
sentence and be barred permanently from
entering the country;
(h) Any employee or official of
government agencies who shall issue or
approve the issuance of travel exit
clearances, passports, registration
certificates, counseling certificates,
marriage license, and other similar
documents to persons, whether juridical or
natural, recruitment agencies,
establishments or other individuals or
groups, who fail to observe the prescribed
procedures and the requirement as
provided for by laws, rules and regulations,
shall be held administratively liable,
without prejudice to criminal liability
under this Act. The concerned government
official or employee shall, upon conviction,
be dismissed from the service and be
barred permanently to hold public office.
His/her retirement and other benefits shall
likewise be forfeited; and
(i) Conviction by final judgment of the
adopter for any offense under this Act
shall result in the immediate rescission of
the decree of adoption.
Use of Trafficked Persons(Sec. 11)
Any person who buys or engages the
services of trafficked persons for prostitution
shall be penalized as follows:
(a) First offense - six (6) months of
community service as may be determined by
the court and a fine of Fifty thousand pesos
(P50,000.00); and
(b) Second and subsequent offenses -
imprisonment of one (1) year and a fine of
One hundred thousand pesos (P100,000.00).
Prescriptive Period
223
Trafficking cases under this Act shall prescribe
in ten (10) years:
Provided, however, That trafficking cases
committed by a syndicate or in a large scale as
defined under Section 6 shall prescribe in
twenty (20) years.
The prescriptive period shall commence to run
from the day on which the trafficked person is
delivered or released from the conditions of
bondage and shall be interrupted by the filing
of the complaint or information and shall
commence to run again when such
proceedings terminate without the accused
being convicted or acquitted or are
unjustifiably stopped for any reason not
imputable to the accused.
Confiscation and Forfeiture of the Proceeds
and Instruments Derived from Trafficking
in Persons (Sec. 14)
In addition to the penalty imposed for the
violation of this Act, the court shall order the
confiscation and forfeiture, in favor of the
government, of all the proceeds and properties
derived from the commission of the crime,
unless they are the property of a third person
not liable for the unlawful act; Provided,
however, That all awards for damages shall be
taken from the personal and separate
properties of the offender; Provided,
further, That if such properties are insufficient,
the balance shall be taken from the confiscated
and forfeited properties.
When the proceeds, properties and instruments
of the offense have been destroyed, diminished
in value or otherwise rendered worthless by
any act or omission, directly or indirectly, of
the offender, or it has been concealed,
removed, converted or transferred to prevent
the same from being found or to avoid
forfeiture or confiscation, the offender shall be
ordered to pay the amount equal to the value
of the proceeds, property or instruments of
the offense.
Legal Protection to Trafficked Persons
(Sec. 17)
Trafficked persons shall be recognized as
victims of the act or acts of trafficking and
as such shall not be penalized for crimes
directly related to the acts of trafficking
enumerated in this Act or in obedience to
the order made by the trafficker in relation
thereto. In this regard, the consent of a
trafficked person to the intended
exploitation set forth in this Act shall be
irrelevant.
Preferential Entitlement Under the
Witness Protection Program (Sec. 18)
Any provision of Republic Act No. 6981
to the contrary notwithstanding, any
trafficked person shall be entitled to the
witness protection program provided
therein.
Trafficked Persons Who are Foreign
Nationals (Sec. 19)
Subject to the guidelines issued by the
Council, trafficked persons in the
Philippines who are nationals of a foreign
country shall also be entitled to
appropriate protection, assistance and
services available to trafficked persons
under this Act: Provided, That they shall
be permitted continued presence in the
Philippines for a length of time prescribed
by the Council as necessary to effect the
prosecution of offenders.
RA 9262
Anti- Violence against Women
and their Children Act
224
_____________________________
Violence against women and their
children refers to any act or a series of
acts committed by any person against a
woman who is his wife, former wife, or
against a woman with whom the person
has or had a sexual or dating relationship,
or with whom he has a common child, or
against her child whether legitimate or
illegitimate, within or without the family
abode, which result in or is likely to result
in physical, sexual, psychological harm or
suffering, or economic abuse including
threats of such acts, battery, assault,
coercion, harassment or arbitrary
deprivation of liberty.
Battery refers to an act of inflicting
physical harm upon the woman or her
child resulting to the physical and
psychological or emotional distress.
Battered Woman Syndrome
refers to a scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative
abuse.
Stalking
refers to an intentional act committed by a
person who, knowingly and without lawful
justification follows the woman or her
child or places the woman or her child
under surveillance directly or indirectly or
a combination thereof.
Dating relationship
refers to a situation wherein the parties
live as husband and wife without the
benefit of marriage or are romantically
involved over time and on a continuing
basis during the course of the
relationship. A casual acquaintance or
ordinary socialization between two
individuals in a business or social
context is not a dating relationship.
Sexual relations
refers to a single sexual act which may
or may not result in the bearing of a
common child.
Children
refers to those below eighteen (18)
years of age or older but are incapable
of taking care of themselves as defined
under Republic Act No. 7610. As used
in this Act, it includes the biological
children of the victim and other
children under her care.
Specific acts of violence penalized
under the law
1. Sexual Violence
refers to an act which is sexual in
nature, committed against a woman or
her child. Includes:
a) rape, sexual harassment, acts of
lasciviousness, treating a woman or her
child as a sex object, making
demeaning and sexually suggestive
remarks, physically attacking the
sexual parts of the victim's body,
forcing her/him to watch obscene
publications and indecent shows or
forcing the woman or her child to do
225
indecent acts and/or make films thereof,
forcing the wife and mistress/lover to live
in the conjugal home or sleep together in
the same room with the abuser;
b) acts causing or attempting to cause the
victim to engage in any sexual activity by
force, threat of force, physical or other
harm or threat of physical or other harm or
coercion;
c) Prostituting the woman or child.
2. Psychological violence
refers to acts or omissions causing or
likely to cause mental or emotional
suffering of the victim such as but not
limited to intimidation, harassment,
stalking, damage to property, public
ridicule or humiliation, repeated verbal
abuse and mental infidelity. It includes
causing or allowing the victim to witness
the physical, sexual or psychological abuse
of a member of the family to which the
victim belongs, or to witness pornography
in any form or to witness abusive injury to
pets or to unlawful or unwanted
deprivation of the right to custody and/or
visitation of common children.
2. Economic Abuse
refers to acts that make or attempt to make
a woman financially dependent which
includes, but is not limited to the
following:
1. withdrawal of financial support or
preventing the victim from engaging in
any legitimate profession, occupation,
business or activity, except in cases
wherein the other spouse/partner objects
on valid, serious and moral grounds as
defined in Article 73 of the Family
Code;
2. deprivation or threat of deprivation
of financial resources and the right to
the use and enjoyment of the conjugal,
community or property owned in
common;
3. destroying household property;
4. controlling the victims' own money
or properties or solely controlling the
conjugal money or properties.
4. Physical Abuse
consisting of battering, assault,
coercion, harassment or arbitrary
deprivation of liberty. (Boado) It also
refers to acts that include bodily or
physical harm.
These acts are committed as follows:
(a) Causing physical harm to the
woman or her child;
(b) Threatening to cause the woman or
her child physical harm;
(c) Attempting to cause the woman or
her child physical harm;
(d) Placing the woman or her child in
fear of imminent physical harm;
(e) Attempting to compel or
compelling the woman or her child to
engage in conduct which the woman or
her child has the right to desist from or
226
desist from conduct which the woman or
her child has the right to engage in, or
attempting to restrict or restricting the
woman's or her child's freedom of
movement or conduct by force or threat of
force, physical or other harm or threat of
physical or other harm, or intimidation
directed against the woman or child. This
shall include, but not limited to, the
following acts committed with the purpose
or effect of controlling or restricting the
woman's or her child's movement or
conduct:
(1) Threatening to deprive or actually
depriving the woman or her child of
custody to her/his family;
(2) Depriving or threatening to deprive the
woman or her children of financial support
legally due her or her family, or
deliberately providing the woman's
children insufficient financial support;
(3) Depriving or threatening to deprive the
woman or her child of a legal right;
(4) Preventing the woman in engaging in
any legitimate profession, occupation,
business or activity or controlling the
victim's own mon4ey or properties, or
solely controlling the conjugal or common
money, or properties;
(f) Inflicting or threatening to inflict
physical harm on oneself for the purpose
of controlling her actions or decisions;
(g) Causing or attempting to cause the
woman or her child to engage in any
sexual activity which does not constitute
rape, by force or threat of force, physical
harm, or through intimidation directed
against the woman or her child or
her/his immediate family;
(h) Engaging in purposeful, knowing,
or reckless conduct, personally or
through another, that alarms or causes
substantial emotional or psychological
distress to the woman or her child. This
shall include, but not be limited to, the
following acts:
(1) Stalking or following the woman or
her child in public or private places;
(2) Peering in the window or lingering
outside the residence of the woman or
her child;
(3) Entering or remaining in the
dwelling or on the property of the
woman or her child against her/his
will;
(4) Destroying the property and
personal belongings or inflicting harm
to animals or pets of the woman or her
child; and
(5) Engaging in any form of
harassment or violence;
(i) Causing mental or emotional
anguish, public ridicule or humiliation
to the woman or her child, including,
but not limited to, repeated verbal and
emotional abuse, and denial of
financial support or custody of minor
children of access to the woman's
child/children. (Sec. 5, R.A. 9262)
Protective policies under the law
1. Sec. 26 - Victim-survivors who are
found by the courts to be suffering
227
from battered woman syndrome do not
incur any criminal and civil liability
notwithstanding the absence of any of the
elements for justifying circumstances of
self-defense under the Revised Penal
Code.
2. Protection order shall be issued to
prevent further acts of violence against a
woman or her child and granting other
necessary relief to be enforced by law
enforcement agencies.
 Barangay Protection Order refer
to the protection order issued by
the Punong Barangay ordering the
perpetrator to desist from committing acts
under Section 5 (a) and (b) of this Act.
 Temporary Protection Order
refers to the protection order issued by the
court on the date of filing of the
application after ex parte determination
that such order should be issued. A court
may grant in a TPO any, some or all of the
reliefs mentioned in this Act and shall be
effective for thirty (30) days.
 Permanent Protection Order refers
to protection order issued by the court
after notice and hearing.
The relief granted under a protection order
serve the purpose of safeguarding the
victim from further harm, minimizing any
disruption in the victim's daily life, and
facilitating the opportunity and ability of
the victim to independently regain control
over her life. The protection orders that
may be issued under this Act shall
include any, some or all of the
following reliefs:
(a) Prohibition of the respondent from
threatening to commit or committing,
personally or through another, any of
the acts mentioned in Section 5 of this
Act;
(b) Prohibition of the respondent from
harassing, annoying, telephoning,
contacting or otherwise
communicating with the petitioner,
directly or indirectly;
(c) Removal and exclusion of the
respondent from the residence of the
petitioner, regardless of ownership of
the residence, either temporarily for the
purpose of protecting the petitioner, or
permanently where no property rights
are violated, and if respondent must
remove personal effects from the
residence, the court shall direct a law
enforcement agent to accompany the
respondent has gathered his things and
escort respondent from the residence;
(d) Directing the respondent to stay
away from petitioner and designated
family or household member at a
distance specified by the court, and to
stay away from the residence, school,
place of employment, or any specified
place frequented by the petitioner and
any designated family or household
member;
(e) Directing lawful possession and use
by petitioner of an automobile and
other essential personal effects,
regardless of ownership, and directing
228
the appropriate law enforcement officer to
accompany the petitioner to the residence
of the parties to ensure that the petitioner is
safely restored to the possession of the
automobile and other essential personal
effects, or to supervise the petitioner's or
respondent's removal of personal
belongings;
(f) Granting a temporary or permanent
custody of a child/children to the
petitioner;
(g) Directing the respondent to provide
support to the woman and/or her child if
entitled to legal support. Notwithstanding
other laws to the contrary, the court shall
order an appropriate percentage of the
income or salary of the respondent to be
withheld regularly by the respondent's
employer for the same to be automatically
remitted directly to the woman. Failure to
remit and/or withhold or any delay in the
remittance of support to the woman and/or
her child without justifiable cause shall
render the respondent or his employer
liable for indirect contempt of court;
(h) Prohibition of the respondent from any
use or possession of any firearm or deadly
weapon and order him to surrender the
same to the court for appropriate
disposition by the court, including
revocation of license and disqualification
to apply for any license to use or possess a
firearm. If the offender is a law
enforcement agent, the court shall order
the offender to surrender his firearm and
shall direct the appropriate authority to
investigate on the offender and take
appropriate action on matter;
(i) Restitution for actual damages
caused by the violence inflicted,
including, but not limited to, property
damage, medical expenses, childcare
expenses and loss of income;
(j) Directing the DSWD or any
appropriate agency to provide
petitioner may need; and
(k) Provision of such other forms of
relief as the court deems necessary to
protect and provide for the safety of
the petitioner and any designated
family or household member, provided
petitioner and any designated family or
household member consents to such
relief. (Sec. 8)
The issuance of a BPO or the pendency
of an application for BPO shall not
preclude a petitioner from applying for,
or the court from granting a TPO or
PPO.
Who may file Petition for Protection
Orders
A petition for protection order may be
filed by any of the following:
(a) the offended party;
(b) parents or guardians of the
offended party;
(c) ascendants, descendants or
collateral relatives within the fourth
civil degree of consanguinity or
affinity;
(d) officers or social workers of the
DSWD or social workers of local
government units (LGUs);
229
(e) police officers, preferably those in
charge of women and children's desks;
(f) Punong Barangay or Barangay
Kagawad;
(g) lawyer, counselor, therapist or
healthcare provider of the petitioner;
(h) At least two (2) concerned responsible
citizens of the city or municipality where
the violence against women and their
children occurred and who has personal
knowledge of the offense committed. (Sec.
9)
Prescriptive Period
1. Acts falling under Sections 5(a) to
5(f) shall prescribe in twenty (20)
years.
2. Acts falling under Sections 5(g) to 5(I)
shall prescribe in ten (10) years. (Sec.
24)
Violence against women and their children
shall be considered a public offense which
may be prosecuted upon the filing of a
complaint by any citizen having personal
knowledge of the circumstances involving
the commission of the crime. (Sec. 25)
Prohibited Defense
Being under the influence of alcohol, any
illicit drug, or any other mind-altering
substance shall not be a defense under this
Act. (Sec. 27)
Persons Intervening Exempt from
Liability
In every case of violence against
women and their children as herein
defined, any person, private individual
or police authority or barangay official
who, acting in accordance with law,
responds or intervenes without using
violence or restraint greater than
necessary to ensure the safety of the
victim, shall not be liable for any
criminal, civil or administrative
liability resulting therefrom. (Sec. 34)
For purposes of this Act, the Revised
Penal Code and other applicable laws,
shall have suppletory application.
While the provision of RA 9262
provides that the offender be related or
connected to the victim by marriage,
former marriage, or dating or a sexual
relationship, it does not preclude the
application of the principle of
conspiracy under the RPC. (Go-Tan v.
Sps. Tan, G.R. No. 168852)
Penalties
The crime of violence against women
and their children, under Section 5
hereof shall be punished according to
the following rules:
(a) Acts falling under Section 5(a)
constituting attempted, frustrated or
consummated parricide or murder or
homicide shall be punished in
accordance with the provisions of the
Revised Penal Code.
230
If these acts resulted in mutilation, it shall
be punishable in accordance with the
Revised Penal Code; those constituting
serious physical injuries shall have the
penalty of prison mayor; those constituting
less serious physical injuries shall be
punished by prision correccional; and
those constituting slight physical injuries
shall be punished by arresto mayor.
Acts falling under Section 5(b) shall be
punished by imprisonment of two degrees
lower than the prescribed penalty for the
consummated crime as specified in the
preceding paragraph but shall in no case be
lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d)
shall be punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be
punished by prision correccional;
(d) Acts falling under Section 5(f) shall be
punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be
punished by prision mayor;
(f) Acts falling under Section 5(h) and
Section 5(i) shall be punished by prision
mayor.
If the acts are committed while the woman
or child is pregnant or committed in the
presence of her child, the penalty to be
applied shall be the maximum period of
penalty prescribed in the section.
In addition to imprisonment, the
perpetrator shall (a) pay a fine in the
amount of not less than One hundred
thousand pesos (P100,000.00) but not
more than three hundred thousand pesos
(300,000.00); (b) undergo mandatory
psychological counseling or
psychiatric treatment and shall report
compliance to the court.
BP Blg. 22
Bouncing Checks Law
Checks without sufficient funds
Any person who makes or draws and
issues any check to apply on account or for
value, knowing at the time of issue that he
does not have sufficient funds in or credit
with the drawee bank for the payment of
such check in full upon its presentment,
which check is subsequently dishonored
by the drawee bank for insufficiency of
funds or credit or would have been
dishonored for the same reason had not the
drawer, without any valid reason, ordered
the bank to stop payment, shall be
punished by imprisonment of not less than
thirty days but not more than one (1) year
or by a fine of not less than but not more
than double the amount of the check which
fine shall in no case exceed Two Hundred
Thousand Pesos, or both such fine and
imprisonment at the discretion of the
court.
The same penalty shall be imposed upon
any person who, having sufficient funds in
or credit with the drawee bank when he
makes or draws and issues a check, shall
fail to keep sufficient funds or to maintain
a credit to cover the full amount of the
check if presented within a period of
ninety (90) days from the date appearing
thereon, for which reason it is dishonored
by the drawee bank.
231
Where the check is drawn by a corporation,
company or entity, the person or persons who
actually signed the check in behalf of such
drawer shall be liable under this Act. (Sec. 1)
BP 22 may be violated in two ways :
1. By making or drawing and issuing any
check to apply on account or for value,
knowing at the time of the issue that he does
not have sufficient funds or credit with the
drawee bank for the payment of such check in
full upon its presentment, which check is
subsequently dishonored by the drawee bank
for insufficiency of funds or credit or would
have been dishonored for the same reason had
not the drawer, without any valid reason,
ordered the bank to stop payment.
2. Having sufficient funds in or credit with the
drawee bank when he makes or draws and
issues a check, by failing 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 appearing
thereon, for which reason it is dishonored by
the drawee bank. (Reyes)
Elements of the offense defined in the 1st
paragraph of Sec 1:
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.
4. 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 drawer,
without any valid reason, ordered the bank
to stop payment.
Elements of the offense defined in the
2nd paragraph of Sec 1:
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 appearing
thereon.
3. That the check is dishonored by the
drawee bank.
The law has made the mere act of issuing a
bum check a malum prohibitum, an act
proscribed by legislature for being deemed
pernicious and inimical to public welfare.
(People v. Chua, 315 SCRA 326)
Gravamen of BP 22 is the issuance of a
check, not the non-payment of an
obligation. (Lozano vs. Martinez, 146
SCRA 323)
Evidence of knowledge of insufficient
funds
The making, drawing and issuance of a
check payment of which is refused by the
drawee because of insufficient funds in or
credit with such bank, when presented
within ninety (90) days from the date of
the check, shall be prima facie evidence of
knowledge of such insufficiency of funds
or credit unless such maker or drawer pays
the holder thereof the amount due thereon,
or makes arrangements for payment in full
by the drawee of such check within (5)
banking days after receiving notice that
such check has not been paid by the
drawee.
232
BP 22 creates a presumption juris tantum
that the second element prima facie exists
when the first and third elements of the offense
are present. Thus, the maker’s knowledge is
presumed from the dishonor of the check for
insufficiency of funds. (Boado)
The law does not require a maker to maintain
funds in his bank account for only 90 days.
Rather, the clear import of the law is to
establish a prima facie presumption of
knowledge of such insufficiency of funds
under the following conditions: (a)
presentment within 90 days from the date of
check, and (b) the dishonor of the check and
failure of the maker to make arrangements for
payment in full within five (5) banking days
after the notice thereof. That the check must be
deposited within 90 days is simply one of the
conditions for the prima facie presumption of
knowledge of lack of funds to aris. It is not an
element of the offense. (Boado) (see Luis
Wong vs. CA, G.R. 117857)
Notice of Dishonor
For the prima facie presumption of knowledge
of the insufficiency of funds in the bank to
arise, it must be shown that the maker received
a notice of dishonor and within five banking
days thereafter failed to satisfy the amount of
the check or make arrangement for its
payment. (BOado)
Duty of drawee; rules of evidence
It shall be the duty of the drawee of any
check, when refusing to pay the same to the
holder thereof upon presentment, to cause to
be written, printed, or stamped in plain
language thereon, or attached thereto, the
reason for drawee's dishonor or refusal to pay
the same: Provided, That where there are no
sufficient funds in or credit with such drawee
bank, such fact shall always be explicitly
stated in the notice of dishonor or refusal. In
all prosecutions under this Act, the satisfy due process. (Lao vs. CA, 274 SCRA
introduction in evidence of any unpaid and 572)
dishonored check, having the drawee's
refusal to pay stamped or written thereon
or attached thereto, with the reason B.P. Blg. 22 ESTAFA
therefor as aforesaid, shall be prima facie
Even though the check The check should be
evidence of the making or issuance of said
was issued in payment issued concurrently
check, and the due presentment to the and reciprocally in
of pre-existing
drawee for payment and the dishonor payment of the
obligation, liability is
thereof, and that the same was properly exchange
incurred.
dishonored for the reason written, stamped consideration. The
or attached by the drawee on such check should not be for
dishonored check. a pre-existing
obligation.
Not with standing receipt of an order to Damage or deceit is Damage to the offended
stop payment, the drawee shall state in the immaterial to criminal and deceit of offender
notice that there were no sufficient funds liability. are essential elements.
in or credit with such bank for the Crime against public Crime against property.
payment in full of such check, if such be interest since the act is
the fact. penalized because of
the disastrous effect to
the stability of the
Lack of written notice is fatal banking system and
While, indeed, Section 2 of BP Blg. 22 prejudice to the
does not state that the notice of dishonor economy.
be in writing, taken in conjuction, Only the drawer is Not only the drawer but
however, with Section 3 of the law, i.e. liable and if the drawer even indorsee may
that where there are no sufficient funds in was a juridical entity, incur liability if he were
or credit with such drawee bank, such fact its officer who signed aware at the time of the
shall always be explicitly stated in the the check shall be indorsement of the
notice of dishonor or refusal. A mere oral liable. The indorser is insufficiency of funds.
notice or demand to pay would appear to not liable.
be insufficient for conviction under the
law. (Domagsang v. CA, G.R. No. 139292) Drawer is given five Drawer is given only
banking days from three days after notice
notice of dishonor to of dishonor to make
If the drawer or maker is an officer of the make good the cash good the cash value to
corporation, the notice of dishonor to the value thereof in order avoid liability.
said corporation is not notice to the to avoid criminal
employee or officer who drew or issued liability.
the check for and in its behalf.
Malum prohibitum Malum in se.
(Marigumen v. People, G.R. No. 153451)

Responsibility under B.P. Blg. 22 is

personal to the accused; hence, personal
knowledge of the notice of dishonor is
Prosecution under this Act shall be without
necessary. Consequently, constructive
prejudice to any liability for violation of any
notice to the corporation is not enought to
provision of the Revised Penal Code. (Sec. 5)

233

May the drawer who was acquitted or
convicted under the RPC for estafa be
prosecuted under BP Blg. 22? (Reyes)
Yes. While B.P. Blg. 22 requires the
drawer’s knowledge of lack or
insufficiency of funds in the drawee bank
at the time of issuance of the check, the
RPC does not require such knowledge.
Hence, the acquittal or conviction of the
drawer under the RPC is not a bar to his
prosecution or conviction under BP 22,
because the latter law requires the
additional fact of the drawer’s knowledge
of lack or insufficiency of funds. (U.S.vs.
Capurro cited in Reyes)
All checks are covered by the law.
Defenses against B.P. 22 (Boado)
1. The check was not issued to apply to
an account or for value but as a guarantee
deposit. (Magno v. CA)
2. The required notice of dishonor had
not been given. The drawer should be
given notice of dishonor to give him the
opportunity to make good the value of the
check within five banking days. Under the
RPC, for purposes of estafa, the notice
should be given in three days.
3. The dishonor of the check was not
due to insufficiency of funds.
4. The check was presented for payment
beyond 180 days from maturity thereof.
5. Valid cause to stop payment, such as
the right of installment buyer under P.D.
957.
6. Complainant was informed by issuer
beforehand that the account had been
closed. (Boado)
The failure or lack of consideration is not a
defense in BP 22. The fact that the object
of the contract, the animal feeds, was not
234
of good quality is irrelevant in the prosecution
of the case for BP 22 was enacted to prohibit,
under pain of penal sanctions, the making of
worhtless checks and putting them in
circulation. It is not the non-payment of the
obligation which the law punishes, but the act
of making and issuing a check that is
dishonored upon presentment for payment.
(Ibasco v. CA, G.R. No. 117488)
RA No. 9165
Comprehensive Dangerous and
Drugs Act
Acts punishable by the law
1) Section 4. Importation of Dangerous
Drugs and/or Controlled Precursors and
Essential Chemicals
2) Section 5. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs
and/or Controlled Precursors and
Essential Chemicals
3) Section 6. Maintenance of a Den, Dive or
Resort
4) Section 7. Employees and Visitors of a
Den, Dive or Resort
5) Section 8. Manufacture of Dangerous
Drugs and/or Controlled Precursors and
Essential Chemicals
6) Section 9. Illegal Chemical Diversion of
Controlled Precursors and Essential
Chemicals

7) Section 10. Manufacture or Delivery
of Equipment, Instrument, Apparatus,
and Other Paraphernalia for
Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals
8) Section 11. Possession of Dangerous
Drugs
9) Section 12. Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs.
10) Section 13. Possession of Dangerous
Drugs During Parties, Social
Gatherings or Meetings
11) Section 14. Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs
During Parties, Social Gatherings or
Meetings
12) Section 15. Use of Dangerous Drugs
13) Section 16. Cultivation or Culture of
Plants Classified as Dangerous Drugs
or are Sources Thereof
14) Section 17. Maintenance and
Keeping of Original Records of
Transactions on Dangerous Drugs
and/or Controlled Precursors and
Essential Chemicals
15) Section 18. Unnecessary Prescription
of Dangerous Drugs
16) Section 19. Unlawful Prescription of
Dangerous Drugs
Qualifying/ aggravating circumstances
1. When a crime is committed under the
influence of drugs, a positive finding
235
thereof shall be a qualifying circumstance in
such crime and the rules under the RPC shall
apply;
2. Possession of dangerous drugs during
parties, social gatherings or meetings or in the
proximate company of at least two persons
(Section 13) and possession of equipment,
instrument, apparatus and other paraphernalia
during parties, social gatherings or meetings or
in the proximate company of at least two
persons (Sec. 14) shall aggravate the crimes of
Possession of Dangerous Drugs under Sec. 11
and Possession of Equipment, Instrument, etc.
Chain of custody in drug cases
Chain of custody establishes the identity of the
subject substance. (People v. Barba, 593
SCRA 711)
It requires that testimony be presented about
every link in the chain, from the moment the
item is seized up to the time it is offered in
evidence. (People vs. Habana)
When nagging doubts persist on whether the
item confiscated is the same specimen
examined and established to be prohibited
drug, there can be no crime of illegal
possession of a prohibited drug. (People v.
Gariana, G.R. No. 184761)
Procedures to be followed upon initial
seizure of drugs (Sec.21)
The PDEA shall take charge and have custody
of all dangerous drugs, plant sources of
dangerous drugs, controlled precursors and
essential chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or
surrendered, for proper disposition in the
following manner:
(1) The apprehending team having initial
custody and control of the drugs shall,
immediately after seizure and confiscation
(a) physically inventory; and
(b) photograph the same
in the presence of the
(a) Accused; or
(b) the person/s from whom such
items were confiscated and/or
seized;or
(c)his/her representative or counsel,
(d)a representative from the media;
(e) and the Department of Justice
(DOJ), and
(f) any elected public official who
shall be required to sign the copies
of the inventory and be given a copy
thereof;
(2) Within twenty-four (24) hours
upon confiscation/seizure of
dangerous drugs, plant sources of
dangerous drugs, controlled
precursors and essential chemicals, as
well as instruments/paraphernalia
and/or laboratory equipment, the
same shall be submitted to the PDEA
Forensic Laboratory for a qualitative
and quantitative examination;
(3) A certification of the forensic
laboratory examination results, which
shall be done under oath by the
forensic laboratory examiner, shall be
issued within twenty-four (24) hours
after the receipt of the subject
item/s: Provided, That when the
volume of the dangerous drugs, plant
sources of dangerous drugs, and
controlled precursors and essential
chemicals does not allow the
completion of testing within the time
frame, a partial laboratory
236
examination report shall be provisionally
issued stating therein the quantities of
dangerous drugs still to be examined by
the forensic laboratory: Provided,
however, That a final certification shall
be issued on the completed forensic
laboratory examination on the same
within the next twenty-four (24) hours;
(4) After the filing of the criminal case,
the Court shall, within seventy-two (72)
hours, conduct an ocular inspection of the
confiscated, seized and/or surrendered
dangerous drugs, plant sources of
dangerous drugs, and controlled
precursors and essential chemicals,
including the instruments/paraphernalia
and/or laboratory equipment, and through
the PDEA shall within twenty-four (24)
hours thereafter proceed with the
destruction or burning of the same, in the
presence of the accused or the person/s
from whom such items were confiscated
and/or seized, or his/her representative or
counsel, a representative from the media
and the DOJ, civil society groups and any
elected public official. The Board shall
draw up the guidelines on the manner of
proper disposition and destruction of such
item/s which shall be borne by the
offender: Provided, That those item/s of
lawful commerce, as determined by the
Board, shall be donated, used or recycled
for legitimate purposes: Provided, further,
That a representative sample, duly
weighed and recorded is retained;
(5) The Board shall then issue a sworn
certification as to the fact of destruction
or burning of the subject item/s which,
together with the representative sample/s
in the custody of the PDEA, shall be
submitted to the court having jurisdiction
over the case. In all instances, the
representative sample/s shall be kept to a
minimum quantity as determined by the
Board;
 (6) The alleged offender or his/her
representative or counsel shall be
allowed to personally observe all of
the above proceedings and his/her
presence shall not constitute an
admission of guilt. In case the said
offender or accused refuses or fails to
appoint a representative after due
notice in writing to the accused or
his/her counsel within seventy-two
(72) hours before the actual burning
or destruction of the evidence in
question, the Secretary of Justice
shall appoint a member of the public
attorney's office to represent the
former;
(7) After the promulgation and
judgment in the criminal case
wherein the representative sample/s
was presented as evidence in court,
the trial prosecutor shall inform the
Board of the final termination of the
case and, in turn, shall request the
court for leave to turn over the said
representative sample/s to the PDEA
for proper disposition and destruction
within twenty-four (24) hours from
receipt of the same; and
Sec. 21 of the implementing rules of RA
9165 outlines the post-seizure procedure in
taking custody of seized drugs - the officer
acquiring initial custody of drugs under a
search warrant must photograph and
physical inventory the item at the place
where the warrant has been served.
(Mallillin v. People, G.R. No. 172953)
First-time minor offenders
1. Suspension of sentence of a of Presidential Decree No. 603, otherwise
First-Time Minor Offender
An accused who is over fifteen (15) years
of age at the time of the commission of the
237
offense mentioned in Section 11 of this Act,
but not more than eighteen (18) years of age at
the time when judgment should have been
promulgated after having been found guilty of
said offense, may be given the benefits of a
suspended sentence, subject to the following
conditions:
(a) He/she has not been
previously convicted of
violating any provision of this
Act, or of the Dangerous Drugs
Act of 1972, as amended; or of
the Revised Penal Code; or of
any special penal laws;
(b) He/she has not been
previously committed to a
Center or to the care of a
DOH-accredited physician; and
(c) The Board favorably
recommends that his/her
sentence be suspended.
While under suspended sentence, he/she shall
be under the supervision and rehabilitative
surveillance of the Board, under such
conditions that the court may impose for a
period ranging from six (6) months to eighteen
(18) months.
Upon recommendation of the Board, the court
may commit the accused under suspended
sentence to a Center, or to the care of a
DOH-accredited physician for at least six (6)
months, with after-care and follow-up program
for not more than eighteen (18) months.
In the case of minors under fifteen (15) years
of age at the time of the commission of any
offense penalized under this Act, Article 192
known as the Child and Youth Welfare Code,
as amended by Presidential Decree No. 1179
shall apply, without prejudice to the
application of the provisions of this
Section. (Sec. 66)
2. Discharge After Compliance with
Conditions of Suspended Sentence of a
First-Time Minor Offender
If the accused first time minor offender
under suspended sentence complies with
the applicable rules and regulations of the
Board, including confinement in a Center,
the court, upon a favorable
recommendation of the Board for the final
discharge of the accused, shall discharge
the accused and dismiss all proceedings.
Upon the dismissal of the proceedings
against the accused, the court shall enter
an order to expunge all official records,
other than the confidential record to be
retained by the DOJ relating to the case.
Such an order, which shall be kept
confidential, shall restore the accused to
his/her status prior to the case. He/she
shall not be held thereafter to be guilty of
perjury or of concealment or
misrepresentation by reason of his/her
failure to acknowledge the case or recite
any fact related thereto in response to any
inquiry made of him for any purpose.
3. Privilege of Suspended Sentence to be
Availed of Only Once by a First-Time
Minor Offender (Sec. 68)
The privilege of suspended sentence shall
be availed of only once by an accused drug
dependent who is a first-time offender
over fifteen (15) years of age at the time of
the commission of the violation of Section
15 of this Act but not more than eighteen
(18) years of age at the time when
judgment should have been promulgated.
4. Promulgation of Sentence for
First-Time Minor Offender (Sec. 69)
238
If the accused first-time minor offender
violates any of the conditions of his/her
suspended sentence, the applicable rules and
regulations of the Board exercising
supervision and rehabilitative surveillance
over him, including the rules and regulations
of the Center should confinement be required,
the court shall pronounce judgment of
conviction and he/she shall serve sentence as
any other convicted person.
5. Probation or Community Service for a
First-Time Minor Offender in Lieu of
Imprisonment (Sec. 70)
Upon promulgation of the sentence, the court
may, in its discretion, place the accused under
probation, even if the sentence provided under
this Act is higher than that provided under
existing law on probation, or impose
community service in lieu of imprisonment. In
case of probation, the supervision and
rehabilitative surveillance shall be undertaken
by the Board through the DOH in coordination
with the Board of Pardons and Parole and the
Probation Administration. Upon compliance
with the conditions of the probation, the Board
shall submit a written report to the court
recommending termination of probation and a
final discharge of the probationer, whereupon
the court shall issue such an order.
The community service shall be complied with
under conditions, time and place as may be
determined by the court in its discretion and
upon the recommendation of the Board and
shall apply only to violators of Section 15 of
this Act. The completion of the community
service shall be under the supervision and
rehabilitative surveillance of the Board during
the period required by the court. Thereafter,
the Board shall render a report on the manner
of compliance of said community service. The
court in its discretion may require extension of
the community service or order a final
discharge.
In both cases, the judicial records shall be
covered by the provisions of Sections 60
and 64 of this Act.
If the sentence promulgated by the court
requires imprisonment, the period spent in
the Center by the accused during the
suspended sentence period shall be
deducted from the sentence to be served.
(Sec.70)
Exemption from criminal liablilty under
the Voluntary Subimission Program
A drug dependent under the voluntary
submission program, who is finally
discharged from confinement, shall be
exempt from the criminal liability under
Section 15 of this act subject to the
following conditions:
(1) He/she has complied with the
rules and regulations of the center,
the applicable rules and regulations
of the Board, including the
after-care and follow-up program
for at least eighteen (18) months
following temporary discharge
from confinement in the Center or,
in the case of a dependent placed
under the care of the
DOH-accredited physician, the
after-care program and follow-up
schedule formulated by the DSWD
and approved by the
Board: Provided, That
capability-building of local
government social workers shall be
undertaken by the DSWD;
(2) He/she has never been charged
or convicted of any offense
punishable under this Act, the
Dangerous Drugs Act of 1972 or
Republic Act No. 6425, as
amended; the Revised Penal Code,
239
as amended; or any special penal laws;
(3) He/she has no record of escape
from a Center: Provided, That had
he/she escaped, he/she surrendered by
himself/herself or through his/her
parent, spouse, guardian or relative
within the fourth degree of
consanguinity or affinity, within one
(1) week from the date of the said
escape; and
(4) He/she poses no serious danger to
himself/herself, his/her family or the
community by his/her exemption from
criminal liability.
Filing of Charges Against a Drug
Dependent Who is Not Rehabilitated Under
the Voluntary Submission Program
A drug dependent, who is not rehabilitated
after the second commitment to the Center
under the voluntary submission program, shall,
upon recommendation of the Board, be
charged for violation of Section 15 of this Act
and prosecuted like any other offender. If
convicted, he/she shall be credited for the
period of confinement and rehabilitation in the
Center in the service of his/her sentence. (Sec.
58)
PD No. 1866 as amended by RA
Nos. 8294 and 10591
Illegal Possession of Firearms
Unlawful manufacture, sale, acquisition,
disposition or possession of firearms or
ammunitionor instruments used or intended
to be used in themanufacture of firearms or
ammunition
The penalty of prision correccional in its
maximum periodand a fine of not less than
The same penalty shall be imposed upon the
Fifteen thousand pesos (P15,000) shall be
owner, president, manager, director or other
imposed upon any person who shall
responsible officer of any public or private
unlawfully manufacture, deal in, acquire,
firm, company, corporation or entity, who
dispose, or possess any low powered
shall willfully or knowingly allow any of the
firearm, such as rimfire handgun, .380 or
firearms owned by such firm, company,
.32 and other firearm of similar firepower,
corporation or entity to be used by any person
part of firearm, ammunition, ormachinery,
or persons found guilty of violating the
tool or instrument used or intended to be
provisions of the preceding paragraphs or
used in the manufacture of any firearm or
willfully or knowingly allow any of them to
ammunition: Provided, That no other
use unlicensed firearms or firearms without
crime was committed.
any legal authority to be carried outside of
their residence in the course of their
employment.
The penalty of prision mayor in its
minimum period and a fine of Thirty
thousand pesos (P30,000) shall be
The penalty of arresto mayor shall be imposed
imposed if the firearm is classified as high
upon any person who shall carry any licensed
powered firearm which includes those
firearm outside his residence without legal
with bores bigger in diameter than .38
authority therefor.
caliber and 9 millimeter such as caliber
.40, .41, .44, .45 and also lesser calibered
firearms but considered powerful such as
caliber .357 and caliber .22 center-fire Sec. 2. Presumption of Illegal Manufacture
magnum and other firearms with firing of Firearms or Ammunition
capability of full automatic and by burst of The possession of any machinery, tool or
two or three: Provided, however, That no instrument used directly in the manufacture of
other crime was committed by the person firearms or ammunition, by any person whose
arrested. business or employment does not lawfully deal
with the manufacture of firearms or
ammunition, shall be prima facie evidence that
If homicide or murder is committed with such article is intended to be used in the
the use of an unlicensed firearm, such use unlawful/illegal manufacture of firearms or
of an unlicensed firearm shall be ammunition.
considered as an aggravatingcircumstance.

Unlawful manufacture, sale,acquisition,

If the violation of this section is in
furtherance of or incident to, or in
connection with the crime of rebellion or
insurrection, sedition, or attempted
coupd’etat, such violation shall be
absorbed as an element of the crime of
rebellion, or insurrection, sedition, or
attempted coup d’etat.
disposition or possession of explosives (Sec.
3)
The penalty of prision mayor in its maximum
period to reclusion temporal and a fine of not
less than Fifty thousand pesos (P50,000) shall
be imposed upon any person who shall

240
unlawfully manufacture, assemble, deal in, (c) The penalty of prision mayor in its
acquire, dispose or possess hand maximum period shall be imposed upon any
grenade(s), rifle grenade(s), and other person who shall unlawfully acquire or possess
explosives, including but not limited to a Class-A light weapon;
'pillbox,' 'molotov cocktail bombs,' 'fire
bombs,' or other incendiary devices
capable of producing destructive effect on
contiguous objects or causing injury or (d) The penalty of reclusion perpetua shall be
death to any person. imposed upon any person who shall,
unlawfully acquire or possess a Class-B light
weapon;
When a person commits any of the crimes
defined in the Revised Penal Code or
special laws with the use of the
(e) The penalty of one (1) degree higher than
aforementioned explosives, detonation
that provided in paragraphs (a) to (c) in this
agents or incendiary devices, which results
section shall be imposed upon any person who
in the death of any person or persons, the
use of such explosives, detonation agents shall unlawfully possess any firearm under any
or incendiary devices shall be considered or combination of the following conditions:
as an aggravating circumstance.

(1) Loaded with ammunition or inserted with a

RA 10591 loaded magazine;

Unlawful Acquisition, or
Possession of Firearms and (2) Fitted or mounted with laser or any gadget
Ammunition (Sec. 8) used to guide the shooter to hit the target such
as thermal weapon sight (TWS) and the like;
The unlawful acquisition, possession of
firearms and ammunition shall be
penalized as follows: (3) Fitted or mounted with sniper scopes,
firearm muffler or firearm silencer;
(a) The penalty of prision mayor in its
medium period shall be imposed upon any
person who shall unlawfully acquire or
possess a small arm; (4) Accompanied with an extra barrel; and

(b) The penalty of reclusion temporal to
reclusion perpetua shall be imposed if
three (3) or more small arms or Class-A
light weapons are unlawfully acquired or
possessed by any person;
(5) Converted to be capable of firing full
automatic bursts.
(f) The penalty of prision mayor in its
minimum period shall be imposed upon any

241
person who shall unlawfully acquire or
possess a major part of a small arm;
(g) The penalty of prision mayor in its
minimum period shall be imposed upon
any person who shall unlawfully acquire
or possess ammunition for a small arm or
Class-A light weapon. If the violation of
this paragraph is committed by the same
person charged with the unlawful
acquisition or possession of a small arm,
the former violation shall be absorbed by
the latter;
(h) The penalty of prision mayor in its
medium period shall be imposed upon any
person who shall unlawfully acquire or
possess a major part of a Class-A light
weapon;
(i) The penalty of prision mayor in its
medium period shall be imposed upon any
person who shall unlawfully acquire or
possess ammunition for a Class-A light
weapon. If the violation of this paragraph
is committed by the same person charged
with the unlawful acquisition or
possession of a Class-A light weapon, the
former violation shall be absorbed by the
latter;
(j) The penalty of prision mayor in its
maximum period shall be imposed upon
any person who shall unlawfully acquire
or possess a major part of a Class-B light
weapon; and
242
(k) The penalty of prision mayor in its
maximum period shall be imposed upon any
person who shall unlawfully acquire or possess
ammunition for a Class-B light weapon. If the
violation of this paragraph is committed by the
same person charged with the unlawful
acquisition or possession of a Class-B light
weapon, the former violation shall be absorbed
by the latter.
Use of Loose Firearm in the Commission of
a Crime (Sec. 29)
The use of a loose firearm, when inherent in
the commission of a crime punishable under
the Revised Penal Code or other special laws,
shall be considered as an aggravating
circumstance: Provided, That if the crime
committed with the use of a loose firearm is
penalized by the law with a maximum penalty
which is lower than that prescribed in the
preceding section for illegal possession of
firearm, the penalty for illegal possession of
firearm shall be imposed in lieu of the penalty
for the crime charged: Provided, further, That
if the crime committed with the use of a loose
firearm is penalized by the law with a
maximum penalty which is equal to that
imposed under the preceding section for illegal
possession of firearms, the penalty of prision
mayor in its minimum period shall be imposed
in addition to the penalty for the crime
punishable under the Revised Penal Code or
other special laws of which he/she is found
guilty.
If the violation of this Act is in furtherance of,
or incident to, or in connection with the crime
of rebellion of insurrection, or attempted coup
d’ etat, such violation shall be absorbed as an
element of the crime of rebellion or
insurrection, or attempted coup d’ etat.

If the crime is committed by the person
without using the loose firearm, the
violation of this Act shall be considered as
a distinct and separate offense.
Liability of Juridical Person (Sec. 30)
The penalty of prision mayor in its
minimum to prision mayor in its medium
period shall be imposed upon the owner,
president, manager, director or other
responsible officer of/any public or private
firm, company, corporation or entity who
shall willfully or knowingly allow any of
the firearms owned by such firm,
company, corporation or entity to be used
by any person or persons found guilty of
violating the provisions of the preceding
section, or willfully or knowingly allow
any of them to use unregistered firearm or
firearms without any legal authority to be
carried outside of their residence in the
course of their employment.
Absence of Permit to Carry Outside of
Residence (Sec. 31)
The penalty of prision correccional and a
fine of Ten thousand pesos (P10,000.00)
shall be imposed upon any person who is
licensed to own a firearm but who shall
carry the registered firearm outside his/her
residence without any legal authority
therefor.
Unlawful Manufacture, Importation,
Sale or Disposition of Firearms or
Ammunition or Parts Thereof,
Machinery, Tool or Instrument Used or
Intended to be Used in the Manufacture
243
of Firearms, Ammunition or Parts Thereof
(Sec. 32)
The penalty of reclusion temporal to
reclusion perpetua shall be imposed upon any
person who shall unlawfully engage in the
manufacture, importation, sale or disposition
of a firearm or ammunition, or a major part of
a firearm or ammunition, or machinery, tool or
instrument used or intended to be used by the
same person in the manufacture of a firearm,
ammunition, or a major part thereof.
The possession of any machinery, tool or
instrument used directly in the manufacture of
firearms, ammunition, or major parts thereof
by any person whose business, employment or
activity does not lawfully deal with the
possession of such article, shall be prima facie
evidence that such article is intended to be
used in the unlawful or illegal manufacture of
firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum
period to prision mayor in its medium period
shall be imposed upon any laborer, worker or
employee of a licensed firearms dealer who
shall unlawfully take, sell or otherwise dispose
of parts of firearms or ammunition which the
company manufactures and sells, and other
materials used by the company in the
manufacture or sale of firearms or
ammunition. The buyer or possessor of such
stolen part or material, who is aware that such
part or material was stolen, shall suffer the
same penalty as the laborer, worker or
employee.
If the violation or offense is committed by a
corporation, partnership, association or other
juridical entity, the penalty provided for in
this section shall be imposed upon the
directors, officers, employees or other
officials or persons therein who knowingly
and willingly participated in the unlawful
act.
Arms Smuggling(Sec. 33)
The penalty of reclusion perpetua shall be
imposed upon any person who shall
engage or participate in arms smuggling as
defined in this Act.
Tampering, Obliteration or Alteration
of Firearms Identification (Sec. 34)
The penalty of prision correccional to
prision mayor in its minimum period shall
be imposed upon any person who shall
tamper, obliterate or alter without
authority the barrel, slide, frame, receiver,
cylinder, or bolt assembly, including the
name of the maker, model, or serial
number of any firearm, or who shall
replace without authority the barrel, slide,
frame, receiver, cylinder, or bolt assembly,
including its individual or peculiar
identifying characteristics essential in
forensic examination of a firearm or light
weapon.
The PNP shall place this information,
including its individual or peculiar
identifying characteristics into the
database of integrated firearms
identification system of the PNP Crime
Laboratory for future use and
identification of a particular firearm
Liability for Planting Evidence
244
The penalty of prision mayor in its maximum
period shall be imposed upon any person who
shall willfully and maliciously insert; place,
and/or attach, directly or indirectly, through
any overt or covert act, any firearm, or
ammunition, or parts thereof in the person,
house, effects, or in the immediate vicinity of
an innocent individual for the purpose of
implicating or incriminating the person, or
imputing the commission of any violation of
the provisions of this Act to said individual. If
the person found guilty under this paragraph is
a public officer or employee, such person shall
suffer the penalty of reclusion perpetua. (Sec.
38)
llegal Transfer/Registration of Firearms
(Sec. 41)
It shall be unlawful to transfer possession of
any firearm to any person who has not yet
obtained or secured the necessary license or
permit thereof
The penalty of prision correccional shall be
imposed upon any person who shall violate the
provision of the preceding paragraph. In
addition, he/she shall be disqualified to apply
for a license to possess other firearms and all
his/her existing firearms licenses whether for
purposes of commerce or possession, shall be
revoked. If government-issued firearms,
ammunition or major parts of firearms or light
weapons are unlawfully disposed, sold or
transferred by any law enforcement agent or
public officer to private individuals, the
penalty of reclusion temporal shall be
imposed.
Any public officer or employee or any person
who shall facilitate the registration of a firearm
through fraud, deceit, misrepresentation or
submission of falsified documents shall
suffer the penalty of prision correccional.
RA No. 4103, as amended
Indeterminate Sentence Law
Section 1. Hereafter, in imposing a prison
sentence for an offense punished by the
Revised Penal Code, or its amendments,
the court shall sentence the accused to an
indeterminate sentence the maximum term
of which shall be that which, in view of
the attending circumstances, could be
properly imposed under the rules of the
said Code, and the minimum which shall
be within the range of the penalty next
lower to that prescribed by the Code for
the offense; and if the offense is punished
by any other law, the court shall sentence
the accused to an indeterminate sentence,
the maximum term of which shall not
exceed the maximum fixed by said law
and the minimum shall not be less than the
minimum term prescribed by the same.
The court must determine two penalties
The court must, instead of a single fixed
penalty, determine two penalties, referred
to in the Indeterminate Sentence Act as
“MAXIMUM” and “MINIMUM” terms.
(Reyes)
The minimum sentence must be served
and thereupon the convict becomes
245
eligible for parole. When released, he does not
become actually discharged because the rest of
his sentence is served out of prison under the
supervision of a parole officer. (boado)
Objectives of the law
1. Avoid the unnecessary, prolonged
imprisonment of convicts resulting in
economic wastefulness;
2. Decongest the jails by having the convicts
serve their sentences outside of prison;
3. Save the governement of the expenses
necessary to maintain these prisoners in
confinement; and
4. Promote the reformation of the prisoner by
having him under the supervision of parole
officer.
When the crime is punished by a special law
The court shall sentence the accused to an
indeterminate penalty, the maximum term of
which shall not exceed the maximum fixed by
said law and the minimum term shall not be
less than the minimum prescribed by the same.
When the crime is punished by the RPC
The court shall sentence the accused to an
indeterminate penalty, the maximum term of
which shall be that which, in view of the
attending circumstances, could be properly
imposed under the rules of the RPC, and the
minimum term of which shall be within the
range of the penalty next lower to that
prescribed by the Code for the offense.
The following steps should be observed:
1. Determine the maximum period by
considering the presence of modifying
circumstances applying the rules under, Art.
64, RPC. Privileged mitigating circumstances
must first be considered before applying the
said rules.
2. After having deteremined the maximum, fix
the minimum at one degree lower than that
provided by the RPC.
 g. Piracy
Why the minimum and maximum 3. Those who are habitual delinquents.
periods are specified
4. Those who shall have escaped from
The maximum penalty is necessary for the confinement or evaded sentence.
imposition of the accessory penalties
5. Those who violated the terms of conditional
whereas the minimum penalty is to show
pardon granted to them by the Chief
when the inmate is eligible for parole.
Executive.
Under this law, the convict has to serve the
minimum sentence after which, his stay in 6. Those whose maximum term of
jail would now depend upon his behavior imprisonment does not exceed one year.
whether he has reformed and his release
7. Those who, upon the approval of the law
would serve the best interest not only of
(December 5, 1933), had been sentenced by
himself but of the society as well. (Boado)
final judgment. (Sec. 2, Act No. 4103)
Even if a prisoner has already served the
8. Those sentenced to the penalty of destierro
minimum, but he is not fitted for releases
or suspension. (Reason: Sec. 1 states “in
on parole, he shall continue to serve
imposing a prison sentence,”, therefore, when
imprisonment until the end of the
the penalty is other than prison sentence the
maximum.
ISLaw is likewise not applicable. [Boado, p.
103])
PAROLE under Pardon
the ISLaw While habitual delinquents are not entitled to
The minimum Service is not an indeterminate sentence, a recidivist for the
sentence must be required for the first time may be given the benefits of the law.
served. grant thereof. (People v. Yu Lian 40 OG 4205)
A benefit granted An exercise of the
by the ISLaw. power of the The ISLaw does not apply to non-divisible
President under the penalties. It covers only divisible penalties and
Constitution. does not include indivisible penalties. (People
v. Gonzales, 148 SCRA 649)

ISLAW is not applicable to the RA No. 9344 as amended by RA

following:
No. 10630, and in relation to PD No.
1. Persons convicted of offenses punished 603
with death penalty or life imprisonment.
2. Those convicted of: Juvenile Justice and Welfare Act
a. Treason
b. conspiracy or proposal to commit
treason,
Definition of Terms
c. misprision of treason,
Child
d. rebellion,
refers to a person under the age of eighteen
e. sedition, or (18) years.
f. espionage,

246
Child at Risk
refers to a child who is vulnerable to and
at the risk of committing criminal offenses
because of personal, family and social
circumstances, such as, but not limited to,
the following:
(1) being abused by any
person through sexual,
physical, psychological,
mental, economic or any
other means and the parents
or guardian refuse, are
unwilling, or unable to
provide protection for the
child;
(2) being exploited
including sexually or
economically;
(3) being abandoned or
neglected, and after diligent
search and inquiry, the
parent or guardian cannot
be found;
(4) coming from a which may include counseling, skills training,
dysfunctional or broken
family or without a parent
or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a
gang;
(8) living in a community
with a high level of
criminality or drug abuse;
and
(9) living in situations of
armed conflict.
247
Child in Conflict with the Law
refers to a child who is alleged as, accused of,
or adjudged as, having committed an offense
under Philippine laws.
Diversion
refers to an alternative, child-appropriate
process of determining the responsibility and
treatment of a child in conflict with the law on
the basis of his/her social, cultural, economic,
psychological or educational background
without resorting to formal court proceedings.
Diversion Program
refers to the program that the child in conflict
with the law is required to undergo after he/she
is found responsible for an offense without
resorting to formal court proceedings.
Intervention
refers to a series of activities which are
designed to address issues that caused the
child to commit an offense. It may take the
form of an individualized treatment program
education, and other activities that will
enhance his/her psychological, emotional and
psycho-social well-being.
Juvenile Justice and Welfare System
refers to a system dealing with children at risk
and children in conflict with the law, which
provides child-appropriate proceedings,
including programs and services for
prevention, diversion, rehabilitation,
re-integration and aftercare to ensure their
normal growth and development.
Recognizance
refers to an undertaking in lieu of a bond
assumed by a parent or custodian who shall be
responsible for the appearance in court of
the child in conflict with the law, when
required.
Restorative Justice
refers to a principle which requires a
process of resolving conflicts with the
maximum involvement of the victim, the
offender and the community. It seeks to
obtain reparation for the victim;
reconciliation of the offender, the offended
and the community; and reassurance to the
offender that he/she can be reintegrated
into society. It also enhances public safety
by activating the offender, the victim and
the community in prevention strategies.
Status Offenses
refers to offenses which discriminate
only against a child, while an adult does
not suffer any penalty for committing
similar acts. These shall include curfew
violations; truancy, parental disobedience
and the like.
Victimless Crimes
refers to offenses where there is no
private offended party.
Minimum Age of Criminal
Responsibility
A child fifteen (15) years of age or under
at the time of the commission of the
offense shall be exempt from criminal
liability. However, the child shall be
subjected to an intervention program
pursuant to Section 20 of this Act.
A child above fifteen (15) years but below
eighteen (18) years of age shall likewise
be exempt from criminal liability and be
subjected to an intervention program,
unless he/she has acted with discernment,
248
in which case, such child shall be subjected to
the appropriate proceedings in accordance
with this Act.
The exemption from criminal liability herein
established does not include exemption from
civil liability, which shall be enforced in
accordance with existing laws.
Determination ofAge (SEC. 7)
The child in conflict with the law shall enjoy
the presumption of minority.
He/She shall enjoy all the rights of a child in
conflict with the law until he/she is proven to
be eighteen (18) years old or older.
The age of a child may be determined from
the:
a. child's birth certificate,
b. baptismal certificate or
c. any other pertinent documents.
In the absence of these documents, age may
be based on information from the:
a. child himself/herself,
b. testimonies of other persons,
c. the physical appearance of the child
and
d. other relevant evidence.
In case of doubt as to the age of the child, it
shall be resolved in his/her favor.
Any person contesting the age of the child in
conflict with the law prior to the filing of the
information in any appropriate court may file a
case in a summary proceeding for the
determination of age before the Family Court
which shall decide the case within twenty-four
(24) hours from receipt of the appropriate
pleadings of all interested parties.
Motion to determine the age of the child
If a case has been fiied against the child in
conflict with the law and is pending in the
appropriate court, the person shall file a
motion to determine the age of the child in
the same court where the case is pending.
Pending hearing on the said motion,
proceedings on the main case shall be
suspended.
In all proceedings, law enforcement
officers, prosecutors, judges and other
government officials concerned shall exert
all efforts at determining the age of the
child in conflict with the law.
Children Below the Age of Criminal
Responsibility
If it has been determined that the child
taken into custody is fifteen (15) years old
or below, the authority which will have an
initial contact with the child has the duty
to immediately release the child to the
custody of his/her parents or guardian, or
in the absence thereof, the child's nearest
relative. Said authority shall give notice to
the local social welfare and development
officer who will determine the appropriate
programs in consultation with the child
and to the person having custody over the
child.
If the parents, guardians or nearest
relatives cannot be located, or if they
refuse to take custody, the child may be
released to any of the following: a duly
registered nongovernmental or religious
organization; a barangay official or a
member of the Barangay Council for the
Protection of Children (BCPC); a local
social welfare and development officer; or
when and where appropriate, the DSWD.
If the child referred to herein has been
found by the Local Social Welfare and
Development Office to be abandoned,
249
neglected or abused by his parents, or in the
event that the parents will not comply with the
prevention program, the proper petition for
involuntary commitment shall be filed by the
DSWD or the Local Social Welfare and
Development Office pursuant to Presidential
Decree No. 603, otherwise ,known as "The
Child and Youth Welfare Code".
System of Diversion
Children in conflict with the law shall undergo
diversion programs without undergoing court
proceedings subject to the conditions herein
provided:
(a) Where the imposable penalty for the
crime committed is not more than six (6)
years imprisonment, the law enforcement
officer or Punong Barangay with the
assistance of the local social welfare and
development officer or other members of
the LCPC shall conduct mediation, family
conferencing and conciliation and, where
appropriate, adopt indigenous modes of
conflict resolution in accordance with the
best interest of the child with a view to
accomplishing the objectives of
restorative justice and the formulation of
a diversion program. The child and
his/her family shall be present in these
activities.
(b) In victimless crimes where the
imposable penalty is not more than six (6)
years imprisonment, the local social
welfare and development officer shall
meet with the child and his/her parents or
guardians for the development of the
appropriate diversion and rehabilitation
program, in coordination with the BCPC;
 (c) Where the imposable penalty for
the crime committed exceeds six (6)
years imprisonment, diversion
measures may be resorted to only by
the court. (Sec. 23)
Diversion may be conducted at the:
a. Katarungang Pambarangay,
b. the police investigation or
c. the inquest or preliminary investigation
stage and
d. at all 1evels and phases of the
proceedings including judicial level. (Sec.
24)
Conferencing, Mediation and
Conciliation
A child in conflict with law may undergo
conferencing, mediation or conciliation
outside the criminal justice system or prior
to his entry into said system. A contract of
diversion may be entered into during such
conferencing, mediation or conciliation
proceedings. (Sec. 25)
Contract of Diversion (Sec. 26)
If during the conferencing, mediation or
conciliation, the child voluntarily admits
the commission of the act, a diversion
program shall be developed when
appropriate and desirable as determined
under Section 30. Such admission shall not
be used against the child in any subsequent
judicial, quasi-judicial or administrative
proceedings. The diversion program shall
be effective and binding if accepted by the
250
parties concerned. The acceptance shall be in
writing and signed by the parties concerned
and the appropriate authorities. The local
social welfare and development officer shall
supervise the implementation of the diversion
program. The diversion proceedings shall be
completed within forty-five (45) days. The
period of prescription of the offense shall be
suspended until the completion of the
diversion proceedings but not to exceed
forty-five (45) days.
The child shall present himself/herself to the
competent authorities that imposed the
diversion program at least once a month for
reporting and evaluation of the effectiveness of
the program.
Failure to comply with the terms and
conditions of the contract of diversion, as
certified by the local social welfare and
development officer, shall give the offended
party the option to institute the appropriate
legal action.
The period of prescription of the offense shall
be suspended during the effectivity of the
diversion program, but not exceeding a period
of two (2) years.
Factors in Determining Diversion Program
(Sec. 29)
In determining whether diversion is
appropriate and desirable, the following
factors shall be taken into consideration:
(a) The nature and circumstances of the
offense charged;
(b) The frequency and the severity of the act;
(c) The circumstances of the child (e.g. age,
maturity, intelligence, etc.);
(d) The influence of the family and
environment on the growth of the child;
(e) The reparation of injury to the victim;
(f) The weight of the evidence against the
child;
(g) The safety of the community; and
(h) The best interest of the child.
Kinds of Diversion Programs (Sec. 31)
The diversion program shall include
adequate socio-cultural and psychological
responses and services for the child. At the
different stages where diversion may be
resorted to, the following diversion
programs may be agreed upon, such as,
but not limited to:
(a) At the level of the Punong Barangay:
(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential
damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict
with the law and the child's family;
(7)Attendance in trainings, seminars and
lectures on:
(i) anger management skills;
(ii) problem solving and/or
conflict resolution skills;
(iii) values formation; and
(iv) other skills which will aid
the child in dealing with
251
situations which can lead to
repetition of the offense;
(8) Participation in available community-based
programs, including community service; or
(9) Participation in education, vocation and
life skills programs.
(b) At the level of the law enforcement
officer and the prosecutor:
(1) Diversion programs specified under
paragraphs (a)(1) to (a)(9) herein; and
(2) Confiscation and forfeiture of the proceeds
or instruments of the crime;
(c) At the level of the appropriate court:
(1) Diversion programs specified
under paragraphs(a)and (b) above;
(2) Written or oral reprimand or
citation;
(3) Fine:
(4) Payment of the cost of the
proceedings; or
(5) Institutional care and custody.
Diversion Measures (Sec. 37)
Where the maximum penalty imposed by law
for the offense with which the child in conflict
with the law is charged is imprisonment of not
more than twelve (12) years, regardless of the
fine or fine alone regardless of the amount,
and before arraignment of the child in conflict
with the law, the court shall determine whether
or not diversion is appropriate.

PD No. 1829
Obstruction of Justice
Section 1. The penalty of prision
correccional in its maximum period, or a
fine ranging from 1,000 to 6,000 pesos, or
both, shall be imposed upon any person
who knowingly or willfully:
a. obstructs,
b. impedes,
c. frustrates or delays the apprehension
of suspects and
d. the investigation and prosecution of
criminal cases by committing any of
the following acts:
(a) preventing witnesses from testifying in
any criminal proceeding or from reporting
the commission of any offense or the
identity of any offender/s by means of
bribery, misrepresentation, deceit,
intimidation, force or threats;
(b) altering, destroying, suppressing or
concealing any paper, record, document,
or object, with intent to impair its verity,
authenticity, legibility, availability, or
admissibility as evidence in any
investigation of or official proceedings in,
criminal cases, or to be used in the
252
investigation of, or official proceedings in,
criminal cases;
(c) harboring or concealing, or facilitating the
escape of, any person he knows, or has
reasonable ground to believe or suspect, has
committed any offense under existing penal
laws in order to prevent his arrest prosecution
and conviction;
(d) publicly using a fictitious name for the
purpose of concealing a crime, evading
prosecution or the execution of a judgment, or
concealing his true name and other personal
circumstances for the same purpose or
purposes;
(e) delaying the prosecution of criminal cases
by obstructing the service of process or court
orders or disturbing proceedings in the fiscal's
offices, in Tanodbayan, or in the courts;
(f) making, presenting or using any record,
document, paper or object with knowledge of
its falsity and with intent to affect the course
or outcome of the investigation of, or official
proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept
any benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a
criminal offender;
(h) threatening directly or indirectly another
with the infliction of any wrong upon his
person, honor or property or that of any
immediate member or members of his family
in order to prevent such person from appearing
in the investigation of, or official proceedings
in, criminal cases, or imposing a condition,
whether lawful or unlawful, in order to prevent
a person from appearing in the investigation of
or in official proceedings in, criminal cases;
(i) giving of false or fabricated information to
mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecting the life or property of the
victim; or fabricating information from the
data gathered in confidence by
investigating authorities for purposes of
background information and not for
publication and publishing or
disseminating the same to mislead the
investigator or to the court.
If any of the acts mentioned herein is
penalized by any other law with a
higher penalty, the higher penalty shall
be imposed.
If any of the foregoing acts is committed
by a public official or employee, he shall
in addition to the penalties provided
thereunder, suffer perpetual
disqualification from holding public
office.
Those who assist the principal to escape
may be prosecuted under P.D. 1829 on
obstruction of justice not as accessory but
as a principal provided that separate
information shall be prepared for the crime
of obstruction. When he is convicted
thereunder, the penalty to be imposed is
the higher penalty under P.D. 1829 or any
other law, including the RPC. (Boado, p.
575)
PD NO. 968, as amended by RA
No. 10707
Probation law
Probation
a disposition under which a defendant,
after conviction and sentence, is released
subject to conditions imposed by the court
and to the supervision of a probation
officer.
Probationer
a person placed on probation.
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Probation Officer
one who investigates for the court a referral for
probation or supervises a probationer or both.
Purpose of Probation Law
(a) promote the correction and rehabilitation of
an offender by providing him with
individualized treatment;
(b) provide an opportunity for the reformation
of a penitent offender which might be less
probable if he were to serve a prison sentence;
and
(c) prevent the commission of offenses. (Sec.
2)
Grant of probation and Period to file the
application
Subject to the provisions of this Decree, the
trial court may, after it shall have convicted
and sentenced a defendant for a probationable
penalty and upon application by said defendant
within the period for perfecting an appeal,
suspend the execution of the sentence and
place the defendant on probation for such
period and upon such terms and conditions as
it may deem best. No application for probation
shall be entertained or granted if the defendant
has perfected the appeal from the judgment of
conviction: Provided, That when a judgment
of conviction imposing a non-probationable
penalty is appealed or reviewed, and such
judgment is modified through the imposition
of a probationable penalty, the defendant shall
be allowed to apply for probation based on the
modified decision before such decision
becomes final. The application for probation
based on the modified decision shall be filed in
the trial court where the judgment of
conviction imposing a non-probationable
penalty was rendered, or in the trial court
where such case has since been re-raffled. In a
case involving several defendants where some
have taken further appeal, the other defendants
may apply for probation by submitting a
written application and attaching thereto a
certified true copy of the judgment of
conviction. (SEC.4)
Nature of order granting probation
An order placing defendant on “probation”
is not a “sentence” but is rather in effect, a
suspension of the imposition of sentence.
It is not a final judgment but is rather an
“interlocutory judgment” in the nature of a
conditional order placing the convicted
defendant under the supervision of the
court for his reformation, to be followed
by a final judgment of sentence if the
conditions are violated. (Baclayon v.
Mutia, No. L-59298 cited in Reyes)
No person shall be placed on probation
except upon prior investigation by the
probation officer and a determination by
the court that the ends of justice and the
best interest of the public as well as that of
the defendant will be served thereby. (Sec.
5)
Probationable Penalty
The maximum period of the penalty
imposed must not exceed six years
(equivalent to prision correcional)
imprisonment.
Criteria for Placing an Offender on
Probation
In determining whether an offender may
be placed on probation, the court shall
consider all information relative, to the
character, antecedents, environment,
mental and physical condition of the
offender, and available institutional and
community resources.
Probation shall be denied if the court
finds that:
254
(a) the offender is in need of correctional
treatment that can be provided most effectively
by his commitment to an institution; or
(b) there is undue risk that during the period of
probation the offender will commit another
crime; or
(c) probation will depreciate the seriousness of
the offense committed.
Disqualifications/ Disqualified offenders
1. SEC. 9 The benefits of this
Decree shall not be extended to those:
(MACOS)
a. sentenced to serve a Maximum term
of imprisonment of more than six (6)
years;
b. convicted of Any crime against the
national security;
Title I, Book II, RPC - Crimes
Against National Security
1. Treason
2. Conspiracy and proposal to
commit treason
3. Misprision of treason
4. Espionage
5. Inciting to war and giving
motives for reprisals
6. Violation of Neutrality
7. Correspondence with hostile
country
8. Flight to enemy country
9. Piracy and Mutiny
c. who have previously been
Convicted by final judgment of an
offense punished by imprisonment of
more than six (6) months and one (1)
day and/or a fine of more than one
thousand pesos (P1,000.00);
d. who have been Once on
probation under the provisions of
this Decree; and
e. who are already Serving
sentence at the time the
substantive provisions of this
Decree became applicable
pursuant to Section 33 hereof.
2. SEC. 4. Grant of Probation.
No application for probation shall be
entertained or granted if the defendant
has perfected the appeal from the
judgment of conviction.
Exception
When a judgment of conviction
imposing a non-probationable penalty
is appealed or reviewed, and such
judgment is modified through the
imposition of a probationable penalty,
the defendant shall be allowed to apply
for probation based on the modified
decision before such decision becomes
final.
The law does not allow probation after
an appeal has been perfected for
appeal and probation are mutually
exclusive remedies. (Francisco v. CA)
Probation may be granted even if the
sentence imposed a fine only, but with
subsidiary imprisonment. (Reyes)
Conditions of Probation
1. Mandatory Conditions (PR)
(a) Present himself to the probation officer
designated to undertake his supervision at
255
such place as may be specified in the order
within seventy-two hours from receipt of said
order;
(b) Report to the probation officer at least once
a month at such time and place as specified by
said officer.
2. Special or discretionary conditions
These are conditions the courts may
additionally impose on the probationer.
(CREAM - PARVO)
(a) Cooperate with a program of supervision;
(b) meet his family Responsibilities;
(c) devote himself to a specific Employment
and not to change said employment without
the prior written approval of the probation
officer;
(d) Attend or reside in a facility established
for instruction, recreation or residence of
persons on probation;
(e) undergo Medical, psychological or
psychiatric examination and treatment and
enter and remain in a specified institution,
when required for that purpose;
(f)Pursue a prescribed secular study or
vocational training;
(g)Attend or reside in a facility established for
instruction, recreation or residence of persons
on probation;
(h) Refrain from visiting houses of ill-repute;
(i)permit to probation officer or an authorized
social worker to Visit his home and place or
work;
(j)Abstain from drinking intoxicating
beverages to excess;
(k) Reside at premises approved by it and
not to change his residence without its
prior written approval; or
(l) satisfy any Other condition related to
the rehabilitation of the defendant and not
unduly restrictive of his liberty or
incompatible with his freedom of
conscience.
The enumaration, however, is not inclusive.
Probation statutes are liberal in character
and enable courts to designate practically
any term it chooses as long as the
probationer’s constitutional rights are not
jeopardized. (See Baclayon vs. Mutia, No.
L-59298)
a. If the convict is sentenced to a term of
imprisonment of not more than one year, the
period of probation shall not exceed two years.
b. In all other cases, if he is sentenced to more
than one year, said period shall not exceed 6
years.
c. When the sentence imposes a fine only and
the offender is made to serve subsidiary
imprisonment. The period of probation shall
be twice the total number of days of subsidiary
imprisonment. (Sec. 14)

Probation is a mere privilege, not a right.

Its benefits cannot extend to those
expressly excluded. Probation is not a
right of the accused, but rather an act of
grace and clemency or immunity conferred
by the State which may be granted by the
court to a seemingly deserving defendant
who thereby escapes the extreme rigors of
the penalty imposed by law for the offense
of which he stands convicted. (Francisco
v. CA, G.R. No. 108747) RA No. 10175
Cybercrime Prevention Act
Even if a convicted person falls within the
classes of those qualified for probation, the Cybercrime Offenses
grant of probation is not automatic or
ministerial. Probation is a privilege and its
The following acts constitute the offense of
grant rests upon the discretion of the court.
The discretion is exercised primarily for cybercrime punishable under this Act:
the benefit of society as a whole and only
secondarily for the personal advantage of (a) Offenses against the confidentiality,
the accused. (Amandy v. People, No. integrity and availability of computer data
L-76258, May 23, 1988) and systems:

(1) Illegal Access The access to the whole

Accessory penalties are deemed suspended
once probation is granted. (Baclayon v.
Mutia)
Period of probation
or any part of a computer system without
right.
(2) Illegal Interception
The interception made by technical means
without right of any non-public transmission

256
 of computer data to, from, or within a
computer system including
electromagnetic emissions from a
computer system carrying such
computer data.
(3) Data Interference
The intentional or reckless alteration,
damaging, deletion or deterioration of
computer data, electronic document,
or electronic data message, without
right, including the introduction or
transmission of viruses.
(4) System Interference
The intentional alteration or reckless
hindering or interference with the
functioning of a computer or
computer network by inputting,
transmitting, damaging, deleting,
deteriorating, altering or suppressing
computer data or program, electronic
document, or electronic data message,
without right or authority, including
the introduction or transmission of
viruses.
(5) Misuse of Devices
(i) The use, production, sale, procurement,
importation, distribution, or otherwise
making available, without right, of:
(aa) A device, including a computer
program, designed or adapted primarily for
the purpose of committing any of the
offenses under this Act; or
(bb) A computer password, access code, or
similar data by which the whole or any
part of a computer system is capable of
being accessed with intent that it be used
for the purpose of committing any of the
offenses under this Act.
257
(ii) The possession of an item referred to in
paragraphs 5(i)(aa) or (bb) above with intent to
use said devices for the purpose of committing
any of the offenses under this section.
(6) Cyber-squatting
The acquisition of a domain name over the
internet in bad faith to profit, mislead, destroy
reputation, and deprive others from registering
the same, if such a domain name is:
(i) Similar, identical, or confusingly
similar to an existing trademark
registered with the appropriate
government agency at the time of the
domain name registration:
(ii) Identical or in any way similar with
the name of a person other than the
registrant, in case of a personal name;
and
(iii) Acquired without right or with
intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery
(i) The input, alteration, or deletion of
any computer data without right
resulting in inauthentic data with the
intent that it be considered or acted
upon for legal purposes as if it were
authentic, regardless whether or not the
data is directly readable and intelligible;
or
(ii) The act of knowingly using
computer data which is the product of
computer-related forgery as defined
herein, for the purpose of perpetuating
a fraudulent or dishonest design.
(2) Computer-related Fraud The
unauthorized input, alteration, or deletion of
computer data or program or interference in
the functioning of a computer system,
causing damage thereby with fraudulent
intent:
Provided, That if no damage has yet been
caused, the penalty imposable shall be one
(1) degree lower.
(3) Computer-related Identity Theft
The intentional acquisition, use, misuse,
transfer, possession, alteration or deletion
of identifying information belonging to
another, whether natural or juridical,
without right:
Provided, That if no damage has yet been
caused, the penalty imposable shall be one
(1) degree lower.
(c) Content-related Offenses
(1) Cybersex
The willful engagement, maintenance,
control, or operation, directly or indirectly,
of any lascivious exhibition of sexual
organs or sexual activity, with the aid of a
computer system, for favor or
consideration.
(2) Child Pornography
The unlawful or prohibited acts defined
and punishable by Republic Act No.
9775 or the Anti-Child Pornography Act
of 2009, committed through a computer
system: Provided, That the penalty to be
imposed shall be (1) one degree higher
than that provided for in Republic Act No.
9775.
(4) Unsolicited Commercial
Communications
The transmission of commercial electronic
communication with the use of computer
258
system which seek to advertise, sell, or offer
for sale products and services are prohibited
unless:
(i) There is prior affirmative consent
from the recipient; or
(ii) The primary intent of the
communication is for service and/or
administrative announcements from
the sender to its existing users,
subscribers or customers; or
(iii) The following conditions are
present:
(aa) The commercial electronic
communication contains a simple,
valid, and reliable way for the
recipient to reject. receipt of further
commercial electronic messages
(opt-out) from the same source;
(bb) The commercial electronic
communication does not purposely
disguise the source of the electronic
message; and
(cc) The commercial electronic
communication does not purposely
include misleading information in
any part of the message in order to
induce the recipients to read the
message.
(5) Libel
The unlawful or prohibited acts of libel as
defined in Article 355 of the Revised Penal
Code, as amended, committed through a
computer system or any other similar means
which may be devised in the future.
Other Offenses (Sec. 5)
The following acts shall also constitute an to a maximum
offense: amount
commensurate to
(a) Aiding or Abetting in the the damage
Commission of Cybercrime incurred or both
Any person who willfully abets or aids in Section 4(a)(5) prision mayor or a
the commission of any of the offenses fine of not more
enumerated in this Act shall be held liable. than Five hundred
thousand pesos
(b) Attempt in the Commission of (PhP500,000.00) or
Cybercrime both
Any person who willfully attempts to Section 4(a) are reclusion
commit any of the offenses enumerated in committed against temporal or a fine
this Act shall be held liable. critical of at least Five
infrastructure hundred thousand
All crimes defined and penalized by the pesos
Revised Penal Code, as amended, and (PhP500,000.00) up
special laws, if committed by, through and to maximum
with the use of information and amount
commensurate to
communications technologies shall be
the damage
covered by the relevant provisions of this incurred or both,
Act: shall be imposed

Provided, That the penalty to be imposed Section 4(c)(1) prision mayor or a

shall be one (1) degree higher than that fine of at least Two
hundred thousand
provided for by the Revised Penal Code,
pesos
as amended, and special laws, as the case
(PhP200,000.00)
may be. (Sec. 6 but not exceeding
One million pesos
Liability under Other Laws (PhPl,000,000.00)
or both
A prosecution under this Act shall be
Section 4(c)(2) penalties as
without prejudice to any liability for enumerated in
violation of any provision of the Revised Republic Act No.
Penal Code, as amended, or special laws. 9775 or the
(Sec. 7) "Anti-Child
Pornography Act of
2009″

Provided,That the
penalty to be
PENALTIES imposed shall be
Sections 4(a) and prision mayor or a one (1) degree
4(b) fine of at least Two higher than that
hundred thousand provided for in
pesos Republic Act No.
(PhP200,000.00) up 9775, if committed

259
 through a computer RA No. 9372
system.
Human Security Act

Section 4(c)(3) arresto mayor or a

Defining Acts of Terrorism
fine of at least Fifty
thousand pesos Terrorism
(PhP50,000.00) but
not exceeding Two a. Article 122 (Piracy in General and
hundred fifty
thousand pesos Mutiny in the High Seas or in the
(PhP250,000.00) or Philippine Waters);
both
b. Article 134 (Rebellion or Insurrection);
Section 5 punished with
imprisonment one c. Article 134-a (Coup d' Etat), including
(1) degree lower acts committed by private persons;
than that of the
prescribed penalty d. Article 248 (Murder);
for the offense or a e. Article 267 (Kidnapping and Serious
fine of at least One
hundred thousand Illegal Detention);
pesos f. Article 324 (Crimes Involving
(PhPl00,000.00) but
not exceeding Five Destruction), or under
hundred thousand g. Presidential Decree No. 1613 (The Law
pesos
(PhP500,000.00) or on Arson);
both h. Republic Act No. 6969 (Toxic
Substances and Hazardous and Nuclear
Waste Control Act of 1990);
i. Republic Act No. 5207, (Atomic Energy
Regulatory and Liability Act of 1968);
j. Republic Act No. 6235 (Anti-Hijacking
Law);
k. Presidential Decree No. 532
(Anti-Piracy and Anti-Highway Robbery
Law of 1974); and,
l. Presidential Decree No. 1866, as
amended (Decree Codifying the Laws on
Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or

260
 Disposition of Firearms, (b) by concealing or destroying the body of the
Ammunitions or Explosives) crime, or the effects, or instruments thereof, in
order to prevent its discovery;

thereby sowing and creating a condition of
widespread and extraordinary fear and
panic among the populace, in order to
coerce the government to give in to an
unlawful demand shall be guilty of the
crime of terrorism.
Conspiracy to Commit Terrorism
Persons who conspire to commit the crime
of terrorism shall suffer the penalty of
forty (40) years of imprisonment.
There is conspiracy when two or more
persons come to an agreement concerning
the commission of the crime of terrorism
as defined in Section 3 hereof and decide
to commit the same.
(c) by harboring, concealing, or assisting in the
escape of the principal or conspirator of the
crime.
Notwithstanding the above paragraph, the
penalties prescribed for accessories shall not
be imposed upon those who are such with
respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity
within the same degrees, with the single
exception of accessories falling within the
provisions of subparagraph (a).

Accomplice CRIMES PENALTIES

PUNISHABLE
Any person who, not being a principal
under Article 17 of the Revised Penal and shall suffer the
penalty of forty (40)
Code or a conspirator as defined in Section
years of
4 hereof, cooperates in the execution of
imprisonment,
either the crime of terrorism or conspiracy without the benefit
to commit terrorism by previous or of parole as
simultaneous acts. provided for under
Act No. 4103,
Accessory otherwise known as
the Indeterminate
Any person who, having knowledge of the Sentence Law, as
commission of the crime of terrorism or amended.
conspiracy to commit terrorism, and
without having participated therein, either
as principal or accomplice under Articles Conspiracy to
17 and 18 of the Revised Penal Code, Commit Terrorism
takes part subsequent to its commission in Accomplice seventeen (17)
any of the following manner: years, four months
one day to twenty
(a) by profiting himself or assisting the (20) years of
offender to profit by the effects of the imprisonment.
crime; Accessory shall suffer the

261
penalty of ten (10)
years and one day
to twelve (12) years
of imprisonment.

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