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CRIMES AGAINST PERSONS

I. DESTRUCTION OF LIFE

PARRICIDE (art. 246)


1. A person is killed;
2. The deceased is killed by the accused;
3. The deceased is the a). Father or mother b). Child whether legitimate or illegitimate c). Legitimate ascendant
d). Legitimate descendant e). Lawful spouse

DEATH UNDER EXCEPTIONAL CIRCUMSTANCES (art. 247)


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, 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;
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 the other spouse.

MURDER (art. 248)


1. A person was killed;
2. Accused killed him;
3. The killing was attended by any of the following qualifying circumstances –
a) With treachery, taking advantage of superior strength, with the aid or armed men, or employing means to
waken the defense, or of means or persons to insure or afford impunity;
b) In consideration of a price, reward or promise;
c) By means of inundation, fire, poison, explosion, 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;
d) On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption
of a volcano, destructive cyclone, epidemic, or any other public calamity;
e) With evident premeditation;
f) With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing
at his person or corpse.
4. The killing is not parricide or infanticide.

HOMICIDE (art. 249)


1. A person was killed;
2. Offender killed him without any justifying circumstances;
3. Offender had the intention to kill, which is presumed;
4. The killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or
infanticide.

TUMULTUOUS AFFRAY (art. 251)


1. That there be several persons;
2. That they did not compose groups organized for the common purpose of assaulting and attacking each other
reciprocally, otherwise, they may be held as co-conspirators;
3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner;
4. That someone was killed in the course of the affray;
5. That it cannot be ascertained who actually killed the deceased; and
6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.

DISCHARGE OF FIREARMS (art. 254)


1. Offender discharges a firearm against or at another person;
2. Offender had no intention to kill that person.

INFANTICIDE (art. 255)


1. A child was killed by the accused;
2. The deceased child was less than 3 days (72 hours) old.

ABORTION (art. 256)


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 upon her, or any other act of the accused, the fetus
dies, either in the womb or after having been expelled therefrom;
4. The abortion is intended.

II. PHYSICAL INJURIES

How Committed:
1. By wounding;
2. By beating;
3. By assaulting;
4. By administering injurious substance;

SERIOUS PHYSICAL INJURIES (art. 263)


1. When the injured person becomes insane, imbecile, impotent or blind (total blindness) in consequence of the
physical injuries inflicted;
2. Loss of a Principal Member/Organ of the body;
3. When the person injured becomes deformed; loses any other member of his body; loses the use thereof;
becomes ill or incapacitated for the performance of work in which he was habitually engaged for more than 90
days in consequence of the physical injuries inflicted;
4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more
than 90 days), as a result of the physical injuries inflicted.

ADMINISTERING INJURIOUS SUBSTANCE OR BEVERAGES (art. 264)


1. Offender inflicted upon another any serious physical injury;
2. It was done by knowingly administering to him any injurious substance or beverages or by taking advantage
of his weakness of mind or credulity;
3. He had no intent to kill.

LESS SERIOUS PHYSICAL INJURIES ((art. 265)


1. The offended party is incapacitated for labor for 10 days or more but not more than 30 days, or needs
attendance for the same period.
2. The physical injuries must not be those described in the preceding articles.

SLIGHT PHYSICAL INJURIES AND MALTREATMENT (art. 266)


1. Where it incapacitated the victim from labor or required medical attendance from one to nine days;
2. Where the victim is not incapacitated from his habitual work or do not require medical attendance;
3. Ill treatment of another by deed without causing injury but the intention is to cause physical pain.

III. HAZING (r.a. 8049/anti-hazing law)

1. A written notice to the school authorities from the head of the organization seven days prior to the rites
2. Should not exceed 3 days in duration;
3. Presence of 2 representatives of the school organization.

IV. RAPE (art. 266)

GENERAL
1. Offender is a man;
2. Offender had carnal knowledge of a woman;
3. Such act is accomplished under any of the following circumstances:
a. By using force or intimidation;
b. When the woman is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; or
d. When the woman is under 12 years of age or demented.

SEXUAL ASSAULT
1. Offender commits an act of sexual assault;
2. The act of sexual assault is committed by any of the following means: a. By inserting his penis into another
person's mouth or anal orifice; or b. By inserting any instrument or object into the genital or anal orifice of
another person;
3. The act of sexual assault is accomplished under any of the following circumstances:
a. By using force or intimidation; or
b. When the woman is deprived of reason or otherwise unconscious; or
c. By means of fraudulent machination or grave abuse of authority; or
d. When the woman is under 12 years of age or demented.

STATUTORY RAPE
1. The victim is under 12 years of age;
2. The victim is demented. This includes the insane, imbecile, feeble minded or mental retardate provided their
mental age must be that of a woman below 12 years of age.

V. CHILD ABUSE

VI. VIOLENCE AGAINST WOMEN AND CHILDREN

1. Any act or a series of acts committed by any person;


2. Against a woman who is his wife, former wife, or against a woman with whom the person has or had sexual
or dating relationship, or whom he has a common child; or
3. Against her child whether legitimate or illegitimate;
4. Within or without the family abode;
5. 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.

CRIMES AGAINST CHASTITY

I. ACTS OF LASCIVIOUSNESS (art. 335)

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


2. That it is done under the following circumstances:
a. By using force or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious; or
c. When the offended party is under 12 years of age;
3. That the offended party is another person of either sex

II. SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE

FORCIBLE ABDUCTION (art. 336)


If made under circumstances of forcible rape, i.e. through force, threat, violation or intimidation

CONSENTED (art. 339)


If made under circumstances of seduction whether simple or qualified i.e. a) victim is a female of chaste character, b)
over 12 years but below 18 years, or a widow, c) there was deceit or abuse of authority, abuse of confidence or abuse
of relationship

QUALIFIED SEDUCTION (art. 337)


1. Seduction of a virgin over 12 years and under 18 years of age by certain persons, such as a person in authority,
priest, teacher; and
a. Offended party is a virgin, which is presumed if she is unmarried and of good reputation;
b. She is over 12 and under 18 years of age;
c. Offender has sexual intercourse with her;
d. There is abuse of authority, confidence or relationship on the part of the offender.
2. Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation

SIMPLE SEDUCTION (art. 338)


1. Offender party is over 12 and under 18 years of age;
2. She is of good reputation, single or widow;
3. Offender has sexual intercourse with her;
4. It is committed by means of deceit.

III. ABDUCTION
FORCIBLE ABDUCTION (art. 342)
1. The person abducted is any woman, regardless or her age, civil status, or reputation;
2. The abduction is against her will;
3. The abduction is with lewd designs.

CONSENTED (art. 343)


1. Offended party is a virgin;
2. She is over 12 and under 18 years of age;
3. Offender takes her away with her consent, after solicitation or cajolery;
4. The taking away is with lewd designs

IV. ADULTERY AND CONCUBINAGE

ADULTERY (art. 333)


1. The woman is married;
2. She has sexual intercourse with a man not her husband;
3. As regards the man with whom she has sexual intercourse, he must know her to be married.

CONCUBINAGE (art. 334)


The crime is committed by a married man who:
1. Shall keep a mistress in the conjugal dwelling;
2. Shall have sexual intercourse with her under scandalous circumstances;
3. Cohabit with her in any other place.

V. CHILD PORNOGRAPHY (r.a.

VI. VOYEURISM (r.a. 9995)

VII. SEXUAL HARASSMENT (r.a. 7877)


1. Having authority, influence or moral ascendancy over another;
2. In a work or training or education environment;
3. Demands, requests or otherwise requires any sexual favor from another;
4. As a condition to giving a benefit or doing some favor to the victim regardless whether the demand is accepted.

CRIMES AGAINST LIBERTY

I. ILLEGAL DETENTION

KIDNAPPING AND SERIOUS ILLEGAL DETENTION (art. 267)


1. Offender is a private individual;
2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty;
3. The act of detention or kidnapping must be illegal;
4. In the commission of the offense, any of the following circumstances is present:
a. The kidnapping lasts for more than 3 days;
b. It is committed simulating public authority;
c. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are
made; or
d. The person kidnapped or detained is a minor, female, or a public officer.

SLIGHT ILLEGAL DETENTION (art. 268)


1. Offender is a private individual;
2. He kidnaps or detains another, or in any other manner deprives him of his liberty;
3. The act of kidnapping or detention is illegal;
4. The crime is committed without the attendance of any of the circumstances enumerated in Article 267.

FAILURE TO RETURN A MINOR (art. 270)


1. Offender is entrusted with the custody of a minor person (whether over or under seven years but less than 21
years of age);
2. He deliberately fails to restore the said minor to his parents or guardians.
CRIMES AGAINST SECURITY

I. ABANDONING A MINOR

BY ONE WITH CUSTODY OF A CHILD BELOW 7 YEARS OF AGE BUT WITHOUT INTENT TO KILL (art. 267)
1. Offender has the custody of a child;
2. The child is under seven years of age;
3. He abandons such child;
4. He has no intent to kill the child when the latter is abandoned.

BY PERSON ENTRUSTED WITH THE EDUCATION OR REARING CARE (art. 277)


1. Offender has charge of the rearing or education of a minor;
2. He delivers said minor to a public institution or other persons;
3. The one who entrusted such child to the offender has not consented to such act; or if the one who entrusted
such child to the offender is absent, the proper authorities have not consented to it.

II. TRESPASSING

QUALIFIED TRESPASS TO DWELLING (art. 280)


1. Offender is a private person;
2. He enters the dwelling of another;
3. Such entrance is against the latter‘s will.

TRESPASS TO FENCED ESTATE OR CLOSED PREMISES (art. 281)


1. Offender enters the closed premises or the fenced estate of another;
2. The entrance is made while either of them is uninhabited;
3. The prohibition to enter is manifest (such as a sign, or perimeter fence even if only a strand of barbed wire);
4. The trespasser has not secured the permission of the owner or the caretaker thereof.

III. THREATS

GRAVE THREATS (art. 282)

WHERE THE OFFENDER ATTAINED HIS PURPOSE:


1. That the offender threatens another person with the infliction upon the latter‘s person, honor or property, or
upon that of the latter‘s family, of any wrong;
2. That such wrong amounts to a crime;
3. That there is a demand for money or that any other condition is imposed, even though not unlawful;
4. That the offender attains his purpose.

NOT SUBJECT TO A CONDITION:


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.

LIGHT THREATS (art. 283)


1. Offender makes a threat to commit a wrong;
2. The wrong does not constitute a crime;
3. There is a demand for money or that other condition is imposed, even though not unlawful;
4. Offender has attained his purpose or, that he has not attained his purpose.

OTHER LIGHT THREATS (art. 285)


1. Threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense;
2. Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the
idea involved in his threat;
3. Orally threatening to do another any harm not constituting a felony.

IV. COERCION

GRAVE COERCION (art. 286)


1. A person prevented another from doing something not prohibited by law, or that he compelled him to do
something against his will; be it right or wrong;
2. The prevention or compulsion be effected by violence, threats or intimidation; and
3. The person that restrained the will and liberty of another had not the authority of law or the right to do so, or
in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.

LIGHT COERCION (art. 287)

COERCION BY A CREDITOR (par 1)


1. Offender must be a creditor;
2. He seizes anything belonging to his debtor;
3. The seizure of the thing be accomplished by means of violence or a display of material force producing
intimidation;
4. The purpose of the offender is to apply the same to the payment of the debt.

UNJUST VEXATION (par 2)


1. Any conduct which annoys, vexes, disturbs, irritates another;
2. Provided there was no force, threat, or intimidation.

V. DISCOVERY AND REVELATION OF SECRETS

1. Offender is a private individual or even a public officer not in the exercise of his official function;
2. He seizes the papers or letters of another;
3. The purpose is to discover the secrets of such another person;
4. Offender is informed of the contents of the papers or letters seized.

VI. TRAFFICKING

THE ANTI TRAFFICKING PERSONS ACT (r.a. 9208)


1. To recruit, transport, transfer, harbor, provide, or receive a person by any means for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
2. To introduce or match for money or profit or any other consideration, any person or Filipina woman to a foreign
national for the same purposes or exploitation;
3. To offer or contract marriage, real or simulated, for said purposes;
4. To undertake or organize sex tours and travel plans;
5. To maintain or hire a person to engage in prostitution or pornography Act punished: Failing to help or render
assistance to another whom the offender has accidentally wounded or injured;
6. To adopt or facilitate the adoption of persons for said purposes;
7. To recruit, hire, adopt or abduct, by any unlawful means, for the purposes of removal or sale of organs of a
person;
8. To recruit, transport or adopt a child to engage in armed activities.

CRIMES AGAINST HONOR

I. LIBEL (art. 353)


1. It must be defamatory;
2. It must be malicious;
3. It must be given publicity;
4. The victim must be identifiable.

SLANDER (art. 258)


1. Simple
2. Grave

SLANDER BY DEED (art. 359)


1. Offender performs any act not included in any other crime against honor;
2. Such act is performed in the presence of other person or persons;
3. Such act casts dishonor, discredit or contempt upon the offended party.

II. CYBERLIBEL
III. INCRIMINATORY MACHINATIONS

INCRIMINATING INNOCENT PERSONS (art. 363)


1. Offender performs an act;
2. By such an act, he incriminates or imputes to an innocent person the commission of a crime;
3. Such act does not constitute perjury.

INTRIGUING AGAINST HONOR (art. 364)


1. Committed by any person;
2. Who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another.

CRIMES AGAINST CIVIL STATUS OF PERSONS

I. SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OF


ABANDONMENT OF A LEGITIMATE CHILD (art. 347)
1. The child must be legitimate;
2. The offender conceals or abandons such child; and
3. The offender has the intent to cause such child to lose its civil status.

USURPATION OF CIVIL STATUS (art. 348)


1. Usurping the civil status of another;
2. By assuming the filiation or the parental or conjugal rights of another with intent to enjoy the rights arising from
the civil status of the latter.

II. ILLEGAL MARRIAGES

BIGAMY (art. 349)


1. Offender has been legally married;
2. The marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could
not yet be presumed dead according to the Civil Code;
3. He contracts a second or subsequent marriage;
4. The second or subsequent marriage has all the essential requisites for validity.

PERFORMANCE OF ILLEGAL MARRIAGE (art. 352)


1. Priests of ministers of any religious denomination or sect, or civil authorities;
2. Who shall perform or authorize any legal marriage ceremony shall be punished under the Marriage Law.

CRIMES AGAINST PROPERTY

I. ROBBERY IN GENERAL

1. There is personal property belonging to another;


2. There is unlawful taking of that property;
3. The taking must be with intent to gain; and
4. There is violence against or intimidation of any person, or force upon anything.

ROBBERY WITH VIOLENCE OR AGAINST INTIMIDATION OF PERSONS (art. 294)


1. When by reason or on occasion of the robbery (taking of personal property belonging to another with intent to
gain), the crime of homicide is committed;
2. When the robbery is accompanied by rape or intentional mutilation or arson;
3. When by reason of on occasion of such robbery, any of the physical injuries resulting in insanity, imbecility,
impotency or blindness is inflicted;
4. When by reason or on occasion of robbery, any of the physical injuries resulting in the loss of the use of
speech or the power to hear or to smell, or the loss of an eye, a hand, a foot, an arm, or a leg or the loss of
the use of any such member or incapacity for the work in which the injured person is theretofore habitually
engaged is inflicted;
5. If the violence or intimidation employed in the commission of the robbery is carried to a degree unnecessary
for the commission of the crime;
6. When in the course of its execution, the offender shall have inflicted upon any person not responsible for the
commission of the robbery any of the physical injuries in consequence of which the person injured becomes
deformed or loses any other member of his body or loses the use thereof or becomes ill or incapacitated for
the performance of the work in which he is habitually engaged for more than 90 days or the person injured
becomes ill or incapacitated for labor for more than 30 days;
7. If the violence employed by the offender does not cause any of the serious physical injuries defined in Article
263, or if the offender employs intimidation only.

ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING (art. 302)


1. Offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or
not an edifice devoted to religious worship;
2. Any of the following circumstances was present:
a. The entrance was effected through an opening not intended for entrance or egress;
b. A wall, roof, floor, or outside door or window was broken;
c. The entrance was effected through the use of false keys, picklocks or other similar tools;
d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or
e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere.
3. Offender took therefrom personal property belonging to another with intent to gain.

ROBBERY WITH HOMICIDE


1. When by reason or on the occasion of robbery, the crime of homicide shall be committed.

ROBBERY WITH RAPE


1. When the robbery shall have been accompanied by rape.