DE LA SALLE UNIVERSITY COLLEGE OF LAW

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CRIMINAL LAW
Green Notes 2019
Green Notes 2019 Criminal Law

TABLE OF CONTENTS

CRIMINAL LAW I 1
GENERAL PRINCIPLES 2
MALA IN SE VS. MALA PROHIBITA 3
APPLICABILITY AND EFFECTIVITY OF THE RPC 3
Generality 3
Territoriality 3
Prospectivity 5
PRO REO PRINCIPLE 6
FELONIES 6
CRIMINAL LIABILITIES AND FELONIES 9
Grave vs. less grave vs. light felonies 9
Aberratio ictus, error in personae, and praeter intentionem 10
Impossible crime 11
Stages of execution 11
Continuing crimes 14
Complex crimes and composite crimes 14
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY 17
Justifying circumstances 18
Exempting circumstances 22
Mitigating circumstances 25
Aggravating circumstances 31
Alternative circumstances 43
Absolutory causes 45
PERSONS LIABLE AND DEGREE OF PARTICIPATION 45
Principals, accomplices, and accessories 45
Conspiracy and proposal 52
PENALTIES 53
PENALTIES THAT MAY BE IMPOSED AND RETROACTIVE EFFECT OF PENAL LAWS 53
CLASSIFICATION 55
DURATION AND EFFECTS 57
APPLICATION 60
RPC provisions 60
Indeterminate Sentence Law (Act No. 4103) 66
Three-fold rule 68
Subsidiary imprisonment 68
GRADUATION OF PENALTIES 69
ACCESSORY PENALTIES 72
EXECUTION AND SERVICE 74
RPC provisions 74
Probation Law (PD 968, as amended) 75
Juvenile Justice and Welfare Act (RA 9344, as amended) 77
EXTINCTION OF CRIMINAL LIABILITY 78
CIVIL LIABILITY IN CRIMINAL CASES 81

CRIMINAL LAW II 84
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 84
CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE 89
CRIMES AGAINST PUBLIC ORDER 94
CRIMES AGAINST PUBLIC INTEREST 109
CRIMES AGAINST PUBLIC MORALS 124
CRIMES COMMITTED BY PUBLIC OFFICERS 129
CRIMES AGAINST PERSONS 148
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 165
CRIMES AGAINST PROPERTY 180
CRIMES AGAINST CHASTITY 196
CRIMES AGAINST THE CIVIL STATUS OF PERSONS 204
CRIMES AGAINST HONOR 206
QUASI-OFFENSES 212

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Green Notes 2019 Criminal Law

SPECIAL LAWS
ANTI-ARSON LAW (PD 1613, AS AMENDED BY PD 1744) 215
ANTI-CHILD PORNOGRAPHY ACT OF 2009 (RA 9775) 216
ANTI-FENCING LAW OF 1979 (PD 1612) 217
ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019, AS AMENDED) 218
ANTI-HAZING ACT OF 2018 (RA 8049, AS AMENDED BY RA 11053) 220
ANTI-HIJACKING LAW (RA 6235) 221
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995) 222
ANTI-PLUNDER ACT (RA 7080, AS AMENDED BY RA 7659) 222
ANTI-SEXUAL HARASSMENT ACT OF 1995 (RA 7877) 223
ANTI-TORTURE ACT OF 2009 (RA 9745) 224
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208, AS AMENDED) 226
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (RA 9262) 228
BOUNCING CHECKS LAW (BP 22) 230
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (, RA 9165, AS AMENDED BY RA 10640) 230
COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT (RA 10591) 233
CYBERCRIME PREVENTION ACT OF 2012 (RA 10175) 234
HUMAN SECURITY ACT OF 2007 (RA 9372) 236
NEW ANTI-CARNAPPING ACT OF 2016 (RA 10883) 236
OBSTRUCTION OF JUSTICE LAW (PD 1829) 237
SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND DISCRIMINATION ACT (RA 7610) 238

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Green Notes 2019 Criminal Law

FUNDAMENTAL AND GENERAL

PRINCIPLES

DEFINITION OF CRIMINAL LAW

Branch or division of law which defines crimes, treats of
their nature, and provides for its punishment.

Penal laws are those acts of the legislature which prohibit

certain acts and establish penalties for their violations; or
those that define crimes, treats of their nature and provide
for their punishment.

SOURCES OF CRIMINAL LAW

(1) The Revised Penal Code

(2) Special Laws which amend or apply to the RPC
(3) Special Penal Laws

CRIME; DEFINED
An act committed or omitted in violation of law forbid-
ding or commanding it.

TWO THEORIES IN CRIMINAL LAW

CRIMINAL LAW I (1) Classical Theory

School of thought followed by the Revised Penal
Code.

Characteristics:
a. The basis of criminal liability is human free will;
purpose of penalty is retribution.
b. That man is essentially a moral creature with an
absolute 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.
c. It has endeavored to establish a direct and
mechanical proportion between the crime and
the liability.
d. There is scant regard to the human element.

(2) Positivists theory

Crime is essentially a social a 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 as basis; rather
through the enforcement of individual measures in
each particular case after a thorough, personal, and
individual investigation conduction by a competent
body of psychiatrists and social scientists.

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A. GENERAL PRINCIPLES Laws Violated

Revised Penal Code (General Special Laws (General

MALA IN SE VS. MALA PROHIBITA
Rule) Rule)

As to Stages in Execution
Mala In Se Mala Prohibita
There are three stages: No such stages of
As to Nature
attempted, frustrated, and execution.
Wrong from its very nature; Wrong because it is consummated.
inherenty evil prohibited by statute.
As to Persons Criminally Liable
Use of Good Faith Defense
There are three persons Unless otherwise
Good faith is a valid defense; Good faith is NOT a criminally liable: principal, provided, only the
unless the crime is the result defense. accomplices, and accessories. principal is liable.
of culpa.
As to Division of Penalties
Use of intent as an element
Penalties may be divided into There is NO such
Intent is an element. Criminal intent is degrees and periods. division of penalties.
immaterial.
MALA PROHIBITA
Degree of Accomplishment of the Crime

Generally, applies to crimes punishable by special laws.

The degree of
accomplishment of the crime
is taken into account in
punishing the offender
As to Mitigating and Aggravating Circumstances
Mitigating and aggravating
circumstances are taken into
account in imposing the
proper penalty.
The act gives rise to a
crime only when it is
General Rule: Criminal intent is NOT necessary, it being
consummated
sufficient that the offender has the intent to perpetrate the
act prohibited by the special law unless the special law
itself expressly requires intent (“knowingly” or “ma-
liciously”). (Padilla v. Dizon, 1988)
Mitigating and
aggravating The act alone, in crimes punishable by special laws,
circumstances are constitutes the offense.
generally NOT taken
into account in imposing Good faith and absence of criminal intent are NOT valid
the proper penalty. defenses.

Degree of Participation Exceptions:

When there is more than one
offender, the degree of
participation of each in the
commission of the crime is
taken into account.
As to Persons Criminally Liable
Penalty is computed on the
basis of whether he is a
principal offender, or merely
an accomplice, or accessory.
Degree of participation
is generally NOT taken
into account. All who
participated in the act
are punished to the
same extent.
The penalty on the
offenders is the SAME
whether they are merely
accomplices or
accessories.
(1) Imperative, incidental, and temporary posses-sion
of firearms.
(2) Assumption that his employer has the requisite
license to possess said firearm. (People v. Cuenco)
(3) Possession of firearms in good faith as civilian
guards. (People v. Asa and Balbastro)
(4) Possession of firearm was advised due to pending
application for permanent permit. (People v.
Mallari)
(5) Authorized possession to carry out a mission.
(People v. Lucero)
(6) Transient possession of firearm to render the
owner defenseless without the intention to use it.
(People vs. Dela Rosa)

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Green Notes 2019 Criminal Law

CLASSIFICATIONS OF FELONIES NOTE: Not applicable when the foreign country

adversely affected does not provide similar
As to nature (1) Mala in se protection
(2) Mala prohibita
As to (1) Intentional Felonies (DOLO) Warship Rule
commission (2) Culpable Felonies (CULPA) The nationality of such warship determines the
As to stage of (1) Attempted applicable penal laws to crimes committed therein,
(2) Frustrated as they are considered to be an extension of the
execution
(3) Consummated territory of the country to which they belong.
Thus, their respective national laws shall apply to
As to gravity (1) Grave – those which the law
such vessels wherever they may be found.
attaches the capital
punishment or penalties which
(2) Article 14 of the New Civil Code
in any of their periods are
Subject to the principles of public international law
afflictive
and to treaty stipulations. Persons exempt from the
(2) Less grave – those which the
operation of our criminal laws by virtue of the
law punishes with penalties
principles of public international law
which in their maximum period
a. Sovereigns and other chiefs of state.
is correctional
b. Ambassadors, Ministers, Plenipotentiary,
(3) Light felonies – those
Ministers Resident, Charges d’Affaires.
infractions of law for the
(AM, MP, MR, CdA)
commission of which the
penalty is arresto menor, or a
NOTE: Consuls, vice-consuls and other commercial
fine not exceeding P200.00 or
representatives (i.e. commercial attaché) of foreign
both
nation are NOT entitled to the privileges and
As to count (1) Composite
immunities of an ambassador or minister, in the
(2) Compound
absence of a treaty to the contrary (Bar 2011)
(3) Complex
(4) Continued
(5) Continuing
TERRITORIALITY

GENERAL RULE: Penal laws are enforceable only within

APPLICABILITY AND EFFECTIVITY OF THE
RPC
GENERALITY
GENERAL RULE: Criminal law is binding on all persons
who live or sojourn in Philippine territory, whether
citizens or not.
EXCEPTIONS:
(1) Article 2 of the RPC
a. Treaties (e.g. Bases Agreement between
Philippines and America, RP-US Visiting Forces
Accord between Philippines and America, etc.)
b. Law of preferential application (e.g. R.A. 75 which
penalizes acts which would impair the proper
observance by the Republic and its inhabitants of
the immunities, rights, and privileges of duly
accredited foreign diplomatic representatives in
the Philippines.)
the Philippine territory.
This includes the Philippine Archipelago, including its
atmosphere, its interior waters, and maritime zone. (Art. 2,
RPC)
EXCEPTION: (EXTRA-TERRITORIALITY)
(1) Offenses committed while on a Philippine ship or
airship;
Requisites:
a. It must be registered in the Philippine Bureau
of Customs or MARINA (Maritime Industry
Authority), as the case may be;
b. The crime must be committed in the Philippine
waters or the high seas, and not within the
territorial jurisdiction of another country.

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A. Foreign merchant vessels • If forgery was committed abroad, it must refer

ENGLISH RULE
(TERRITORIALITY OR
SITUS OF THE CRIME)
only to Philippine coin, currency note, or
FRENCH RULE
obligations and securities.
(FLAG OR
• Obligations and securities of the GSIS, SSS, and
NATIONALITY)
Landbank are not government issuances.

General Rule
Crimes committed aboard
a vessel within the
territorial waters of a
country are triable in the
courts of such country.
Note: The three-mile limit:
Territorial waters cover
until three miles from
coastline, starting from
the low water mark.
(Reyes)
(3) Should be liable for act in connection with the intro-
Crimes committed duction of the obligations and securities mentioned
aboard a vessel within in the preceding number.
the territorial waters of (1) Those who introduced the counterfeit items are
a country are not criminally liable even if they were not the ones
triable in the courts of who counterfeited the obligations and securities.
said country. (2) This paragraph only refers to obligations and
securities issued by the Government of the
Philippine Island, not coin or currency note of
the Philippine Islands.
(3) Introduction of coin or currency note of the
Philippine Islands is not subject to this para-
graph.

Exception (4) While being public officer or employee, should

When the crimes merely When their
affect things within the commission affects the
vessel or when they only peace and security of
refer to the internal the territory or when
management thereof. the safety of the state is
endangered.
The Philippines follows the ENGLISH RULE.
A distinction must be made between merchant
ships and warships; the former are more or less
subjected to the territorial laws.
English rule application in the Philippines.
• Foreign merchant vessel in transit:
possession of dangerous drugs is not
punishable, but use of the same is punishable.
• Foreign merchant vessel not in transit: mere
possession of dangerous drugs is punishable
because it can already be considered as
illegal importation.
B. Foreign Warships
The nationality of such warship determines the
applicable penal laws to crimes committed therein,
as they are considered to be an extension of the
territory of the country to which they belong.
Thus, their respective national laws shall apply to
such vessels wherever they may be found.
(2) Should forge or counterfeit any coin or currency note
of the Philippine Island or obligations and securities
issued by the Government of the Philippine Islands.
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commit an offense in the exercise of their functions
Crimes committed by public officers:
(1) Direct bribery (Art. 210)
(2) Indirect Bribery (Art. 215)
(3) Qualified Bribery (Art. 211-A)
(4) Corruption (Art. 212)
(5) Fraud Against Public Treasury and Similar
Offenses (Art. 213)
(6) Possession of Prohibited Interest (Art. 216)
(7) Malversation of Public Funds or Property (Art.
217)
(8) Failure to Render Accounts (Art. 218)
(9) Failure to Render Accounts Before Leaving the
Country (Art. 219)
(10) Illegal Use of Public Funds or Property (Art. 220)
(11) Failure to Make Delivery of Public
Funds/Property (Art. 221)
(12) Falsification (Art. 171)
NOTE: A crime committed within the grounds of a
Philippine embassy on foreign soil shall be subject to
Philippine penal laws, although it may or may not have
been committed by a public officer in relation to his
official duties. Embassy grounds are considered as
extensions of the sovereignty of the country occupying
them.
(5) Should commit any of the crimes against national
security and law of nations, defined in Title One of
Book Two of this Code.
NOTE: Limited only to the following crimes:
(1) Treason (Art. 114)
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(2) Conspiracy and proposal to commit treason
(Art. 115)
(3) Espionage (Art. 117)
(4) Inciting to war and giving motives for reprisals
(Art. 118)
(5) Violation of neutrality (Art. 119)
(6) Correspondence with hostile country (Art. 120)
(7) Flight to enemy’s country (Art. 121)
(8) Piracy and mutiny on the high seas (Art. 122)
(9) Terrorism (R.A. 9372 - Human Security Act)
(6) Should forge or counterfeit any coin or currency note
of the Philippines or obligations and securities issued
by the government of the Philippines;
(7) Should be liable for acts connected with the intro-
duction into the Philippines of the obligations and
securities mentioned in the preceding number;
(8) While being public officers or employees, should
commit an offense in the exercise of their functions;
(9) Should commit any of the crimes against national
security and the laws of the nations, defined in Title
One of Book Two of the RPC. (Art. 2, RPC)
NOTE: The following are NOT triable under the
provisions of the Revised Penal Code:
(1) Those punished under special law, to which the
Code shall only have suppletory effects. (Art. 10)
(2) Persons exempted from local criminal
jurisdiction by reason of treaty stipulations or
laws of preferential applications.
(3) Those persons not subject to local jurisdiction
under the principles of public international law.
(4) Those crimes committed outside the territorial
jurisdiction, except as permitted by Article 2. (Bar
2011)
(5) Those war crimes which are triable by military
commissions. (Regalado)
PROSPECTIVITY
GENERAL RULE: A penal law cannot make an act
punishable in a manner in which it was not punishable
when committed.
REASON: Under Art. 366 of the RPC, crimes are punished
under the laws in force at the time of commission.
EXCEPTION: Whenever a new statute dealing with crime
establishes conditions more lenient or favorable to the
accused, it can be given a retroactive effect.
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EXCEPTION TO THE EXCEPTION:
(1) Where the new law is expressly made inapplicable
to pending actions or existing causes of action.
(2) Where the offender is a habitual delinquent.
KINDS OF REPEAL
(1) Absolute or Total Repeal
A repeal is absolute when the crime punished under
the repealed law has been decriminalized by the sub-
sequent law.
(2) Partial or Relative Repeal
A repeal is partial when the crime punished under the
repealed law continues to be a crime in spite of the
repeal.
EFFECTS OF REPEAL/AMENDMENT ON LAW
(1) If the repeal/amendment on law makes the penalty
lighter in the new/amended law, the new/amended
law shall be applied, subject to the exceptions.
(2) If the new/amended law imposes a heavier penalty,
the law in force at the time of the commission of the
offense shall be applied.
(3) If the new/amended law totally repeals the existing
law so that the act which was penalized under the old
law is no longer punishable, the crime is obliterated.
(4) When the new law and old law penalize the same
offense, the offender can be tried under the old law.
(5) A person erroneously accused and convicted under
a repealed statute may be punished under the
repealing statute.
NOTE: The accused must have an opportunity to
defend himself against the charge brought against
him.
(6) A self-repealing law has the effect same as though it
had been repealed at the time of its expiration.
SUPPLEMENTARY EFFECT OF THE RPC
General Rule: The provisions of the Revised Penal Code
are supplementary to special laws.
Exceptions:
(1) Where the special law provides otherwise.
(2) When the provisions of the RPC are impossible
of application, either by express provision or by
necessary implication.
Provisions of the RPC SUPPLEMENTARY to special laws:
• Article 8 (regarding conspiracy)
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Green Notes 2019
• Article 12, paragraph 3 (regarding exempting
circumstance of minority was applied to R.A.
509, the Anti-Profiteering Law.)
• Article 17 (regarding the participation of the
principal in the commission of the crime)
• Article 22 (with reference to the retroactive
effect of penal law if they favored the accused)
• Article 100 and 39 (regarding the indemnity and
subsidiary imprisonment were applied to the
Motor Vehicle Law)
PRO REO PRINCIPLE
Penal laws are strictly construed against the Government
and liberally in favor of the accused.
The in dubio pro reo principle is the rule of lenity. It is the
doctrine that "a court, in construing an ambiguous
criminal statute that sets out multiple or inconsistent
punishments, should resolve the ambiguity in favor of the
more lenient punishment." Thus, whenever a situation
obtains where two interpretations are possible, one
exculpatory and the other inculpatory, the former shall
prevail, consistent with the rule on presumption of
innocence
In the construction or interpretation of the provisions of
the RPC, the Spanish text is controlling.
B. FELONIES
FELONIES
Acts and omissions punishable by the Revised Penal Code.
NOTE: Crimes under the RPC are called felonies, while
crimes penalized by special laws are termed offenses.
ELEMENTS OF FELONIES (GENERAL)
a. There must be an act or omission.
“ACT” Any bodily movement tending to produce
some effect in the external world. It must be an
external act.
“OMISSION” An inaction or failure to perform a
positive duty required by law.
b. That the act or omission be punishable by the
Revised Penal Code.
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NOTE: Nullum crimen, nulla poena sine lege.. There
is no crime where there is no law punishing it.
c. That the act is performed or the omission incurred
by means of dolo or culpa.
INTENTIONAL FELONIES (DOLO)
The act or omission is performed with deliberate intent or
malice to do an injury.
The offender has the intention to cause injury to the
person, property, or right of another.
Requisites: (FII)
a. “Freedom” Voluntariness on the part of the person
to commit the crime.
NOTE: The offender must have freedom while doing
an act or omitting to do an act. Actus me invito factus
non est meus actus. An act done by me against my
will is not my act
b. “Intelligence” Capacity to know and understand the
consequences of one’s act.
NOTE: The offender must have the intelligence while
doing the act or omitting to do the act. Without such
intelligence, it becomes necessary to determine the
morality of human acts, and no crime can exist. Thus,
an imbecile or the insane and the infant under 15
years of age, as well as the minor over 15 but less than
18 who acted without discernment have no criminal
liability, because they acted without intelligence (Art.
12, par. (1), (2), and (3))
c. “(Criminal) Intent” The purpose to use a particular
means to effect such result.
• (General) Intent to commit an act with
malice, being a purely mental process, is
presumed.
• Intent presupposes the exercise of
freedom and the use of intelligence.
• Absence of criminal intent is a defense not
to incur criminal liability.
NOTE: Actus non facit reum, nisi mens sit rea. The
act of a person does not make him a criminal, unless
his mind be criminal.
GENERAL vs SPECIFIC INTENT
General Criminal Specific Criminal
Intent Intent
An intention to do a An intention to commit
wrong. a definite act.
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(3) Where the identification of the accused proceeds

Presumed to exist Existence of the intent
from the mere doing is not presumed.
of a wrongful act
The burden of proving The burden of proving
the absence of intent the existence of the
is upon the accused. intent is upon the
prosecution; as such
intent is an element of
the crime.
from an unreliable source and the testimony is
inconclusive and not free from doubt;
(4) Where there are no eyewitnesses to the crime and
suspicion is most likely to fall upon a number of
persons;
(5) If the evidence is merely circumstantial (Bar 2011)
(6) In ascertaining the motive in defense of stranger.
(7) In verifying the specific intent of the offender
which would therefore determine the correct
crime the offender’s act or acts would fall under.

CULPABLE FELONIES (CULPA) NOTE: Motive alone is not sufficient to support a

Act or omission is not malicious. (Performed without conviction. Even a strong motive to commit the crime
malice). It is by mere fault, or by imprudence, negligence, cannot take the place of proof beyond reasonable doubt,
lack of foresight, or lack of skill. (Bar 2011) sufficient to overthrow the presumption of innocence.
• The offender has no intention to cause an injury to (People vs. Pisalvo)
the person, property or right of another.
• The injury caused by the offender to another is
Imprudence Negligence
unintentional and merely through fault.
Deficiency of action Deficiency of perception
• Acts executed negligently are voluntary.
Lack of skill Lack of foresight

Requisites: (FIN)
DOLO VS. CULPA
a. Freedom
b. Intelligence
c. Negligence INTENTIONAL CULPABLE
(DOLO) (CULPA)
NOTE: In culpable felonies, the act or omission must also
be voluntariness, freedom and intelligence on the part of Act is malicious. Not Malicious.
the offender, but the element of criminal intent is
replaced with the requisite of “imprudence, negligence, With deliberate intent. Injury caused is
lack of skill or foresight” unintentional being
incident of another act
performed without malice.
Intent Motive
It is the reason for using It is the moving power Has intention to cause an Wrongful act results from
a particular means to which impels one to injury. imprudence, negligence,
effect such result. action for a definite result. lack of foresight or lack of
It is an element of the It is not an element of the skill.
crime, except in crime.
unintentional felonies.
It is essential in It is essential only when Examples of crimes which CANNOT be committed
intentional felonies. the identity of the through imprudence or negligence (as they require
perpetrator or the specific intent):
specific crime committed (1) Murder
is in doubt. (2) Treason
(3) Robbery
RULE ON MOTIVE: the motive of the offender is not (4) Malicious Mischief
essential for the commission of a crime. neither is it (5) Arson
relevant for conviction.

WHEN MOTIVE IS NECESSARY:

(1) There is doubt as to the identity of the assailant;
(2) In ascertaining the truth between the conflicting
theories or versions of the killing;
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SPECIAL FACTORS AFFECTING INTENT AND when the accused zeroes in on is intended victim. The
CRIMINAL LIABILITY main reason is that the accused had acted with such a
disregard for the life of victims without checking carefully
(1) Mistake of Fact — Negates criminal liability, akin to a the latter’s id entity as to place himself on the same legal
justifying circumstance under Art. 11 plain as the one who kills another wilfully. It is not a
(2) Aberratio Ictus (Mistake in Blow) — Generally mitigating circumstance (People vs. Pinto)
increases criminal liability, as a complex crime (Art. 48)
(3) Error in personae (Mistake in Identity) — May or may MISTAKE IN BLOW MISTAKE IN IDENTITY
not lower criminal liability depending on whether the 3 persons involved: the 2 persons present: the
actual crime committed and the intended crime are of offender, the actual victim, offender and the actual
equal or different gravity (Art. 49) and the intended victim. victim
(4) Praeter Intentionem (No intent to cause so grave a Generally aggravates the May or may not be
wrong as that committed) — Lowers criminal liability liability for a complex crime mitigating
as a mitigating circumstance under Art. 13 or two separate felonies
(5) Proximate Cause (The cause of the cause is the cause may be committed because
there could be two victims
of the evil caused) — Gives rise to criminal liability by
analogy to Art. 4, par. 1
PRAETER INTENTIONEM (NO INTENT TO CAUSE SO
(HONEST) MISTAKE OF FACT GRAVE A WRONG AS THAT COMMITTED)

A misapprehension of fact on the part of the accused who The injury is on the intended victim but the resulting injury
caused injury to another. or wrong is so grave than what was intended. There is a
great disparity between the intended felony and the actual
• It destroys the presumption of criminal intent
felony committed.
which arises upon the commission of a felonious
act. (People v. Coching, et al. citing People v. Oanis)
This is a mitigating circumstance (Art. 13,(3)). But if the
• It is NOT applicable in culpable felonies.
means used to commit the desired crime would also
• It CANNOT be invoked in error in personae or mis-
logically and naturally bring about the actual felony
take in identity.
committed, praeter intentionem will not be appreciated.

Requisites:
PROXIMATE CAUSE (THE CAUSE OF THE CAUSE IS
a. The act done would have been lawful had the
THE CAUSE OF THE EVIL CAUSED)
facts been as the accused believed them to be;
b. That the intention of the accused in
Proximate cause is that cause which, in its natural and
performing the act should be lawful;
continuous sequence, unbroken by an efficient intervening
c. That the mistake must be without fault or care-
cause, produces the injury, and without which the result
less on the part of the accused.
would not have occurred. That acting first and producing
the injury, either immediately or setting other events in
ABERRATIO ICTUS (MISTAKE IN BLOW)
motion, all constituting a natural and continuous chain of
events, each having a close causal connection with its
The offender intends the injury on one person but the
immediate predecessor, the final event in the chain
harm fell on another, or both.
immediately effecting the injury as a natural and probable
result of the cause which first acted, under such
The act may result in a complex crime (Art. 48) or in two or
circumstances that the person responsible for the first
more separate felonies, but there is only one intent that
event should, as an ordinary and prudent and intelligence
characterized the crimes.
person, have reasonable ground to expect at the moment
of his act or default that an injury to some person might
ERROR IN PERSONAE (MISTAKE IN IDENTITY)
probably result therefrom. (Mckee vs IAC)

The offender committed a mistake in ascertaining the

identity of the victim

NOTE: The fact that the victims were different from the
one the offender intended cannot exculpate him. Mistake
in the identity of the victim carries the same gravity as
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Green Notes 2019
CRIMINAL LIABILITIES
CRIMINAL LIABILITY IS INCURRED
(1) By any person committing a felony (although the
wrongful act done be different from that which he
intended)
Rule: A person who commits a felony is responsible
for all the consequences which may naturally and
logically result therefrom, whether foreseen or
intended or not
Elements:
a. A person is committing a felony
b. That the wrong done to the victim be the direct,
natural, and logical consequence of the felony
committed by the offender, although it was
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. (Impossible Crime)
Requisites:
a. The act performed would be an offense against
persons or property
b. That the act was done with evil intent
c. That its accomplishment is inherently
impossible, or that the means employed is
either inadequate or ineffectual
i. Legal Impossibility - Where the intended
acts, even if completed would not
amount to a crime. It applies 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
4. The consequence resulting from
the intended act does not
amount to a crime.
ii. Physical/Factual Impossibility - This
occurs when the extraneous
circumstances unknown to the actor or
beyond his control prevent the
consummation of the intended crime.
Lasallian Commission on Bar Operations
Criminal Law
d. That the act performed should not constitute a
violation of another provision of the RPC.
GRAVE VS. LESS GRAVE VS. LIGHT
FELONIES
GRAVE FELONIES
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 the Code.
Enumeration of Penalties under Grave Felonies:
(1) Reclusion Perpetua;
(2) Reclusion Temporal;
(3) Absolute or Temporary Absolute
Disqualification;
(4) Absolute or Temporary Special Disqualification;
(5) Prision Mayor
(6) Fines more than 6000 pesos.
LESS GRAVE FELONIES
Those which the law punishes with penalties which in their
maximum are CORRECTIONAL, in accordance with Article
25 of this Code.
Enumeration of Penalties under Less Grave Felonies:
(1) Prision Correctional;
(2) Arresto Mayor;
(3) Destierro;
(4) Suspension;
(5) Fines equal to or more than 200 pesos but not
less than 6000 pesos.
Rules on Grave and Less Grave Felonies:
(1) Where the penalty prescribed for the offense is
composed of two or more distinct penalties, the
higher of highest of the penalties must be an
afflictive/ correctional penalty.
(2) If the penalty prescribed is composed of two or
more period corresponding to different divisible
penalties, the higher or maximum must be that
of an afflictive/ correctional penalty.
(3) If the penalty is composed of two periods of an
afflictive/ correctional penalty or two periods
corresponding to different afflictive/
correctional penalties, the offense for which is
prescribed is a grave felony/ less grave felony.
LIGHT FELONIES
Those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding 200
pesos, or both, is provided. (Art. 9, Par. 3)
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Green Notes 2019
NOTE When the code provides a fine of exactly 200 pesos
for the commission of a felony, it is a light felony regardless
of the provision in Article 26 of the Code which provides
that a fine not less than 200 pesos is a correctional penalty.
Note: Only principals and accomplices can be held liable
for light felonies.
GENERAL RULE: Light felonies are punishable only when
they have been consummated.
EXCEPTION: Light felonies committed against persons or
property, are punishable even if attempted or frustrated.
Light Felonies under RPC:
(1) Slight physical injuries and maltreatment [Art.
266]
(2) Theft [Art. 309, pars. 7 and 8]]
(3) Alteration of boundary marks [Art. 313]
(4) Malicious Mischief [Art. 328(3); Art 329, (3)]
(5) Intriguing against honor [Art. 364]
IMPORTANCE OF CLASSIFICATION
(1) To determine whether these felonies can be
complex crimes or not.
(2) To determine the prescription of the crime and
the prescription of the penalty.
ABERRATIO ICTUS, ERROR IN
PERSONAE, & PRAETER INTENTIONEM
(See. Page 7)
BAR 1999: ABERRATIO ICTUS, ERROR IN PERSONAE,
AND PRAETER INTENTIONEM
(1) Error in Personae
Mistake in the identity of the victim.
(2) Abberatio Ictus
Mistake in the blow, that is, when the offender
intending to do an injury to one person actually
inflicts it on another; and
(3) Praeter Intentionem
The injurious result is greater than that intended.
ELEMENTS OF CRIMINAL LIABILITY
Par. 1:
By any person committing a felony (delito) although the
wrongful act done be different from which he in-tended.
Lasallian Commission on Bar Operations
Criminal Law
• It covers intentional crimes (dolo) only.
• The wrongful act done must NOT result from
imprudence, negligence, lack of foresight or lack
of skill of the offender
Requisites:
a. That an intentional felony has been committed.
No felony is committed when:
i. The act or omission is not punishable by
the RPC; or
ii. The act is covered by any of the justifying
circumstances
• Act or omission should NOT be punished
by a special law.
• 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.
b. That the wrong done to the aggrieved party must
be the direct, natural, and logical consequence of
the felony committed.
A person is criminally responsible for acts
committed by him in violation of the law and
for all the natural, direct, and logical
consequences resulting therefrom.
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
• If the result can be traced back to the original
act, then the doer of the original act can be held
criminally liable.
• The must be a relation of “cause and effect,” the
cause being the felonious act of the offended, the
effect being the resultant injuries and/or death
of the victim.
Thus, the person is still criminally liable if the wrongful act
done be different from that which he intended.
When death is presumed to be the natural consequence of
physical injuries inflicted:
(1) That the victim at the time the physical injuries
inflicted was in normal health.
(2) That death may be expected from the physical
injuries inflicted.
(3) That death ensued within a reasonable time.
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Green Notes 2019 Criminal Law

Felony committed is not the proximate cause of the
resulting injury when:
(1) There is an active force between the felony
committed and the resulting injury, such active
force is distinct a distinct act or fact absolutely
foreign from the felony committed.
(2) The resulting injury is due to the intentional act of
the victim. (i.e. fault or carelessness of the victim
must have its origin from his malicious act or
omission so as to increase the criminal liability of
the assailant.
IMPOSSIBLE CRIME
(See: page 14)
Requisites:
a. That the act performed would be an offense
against persons or property
b. That the act was done with evil intent
c. That its accomplishment is inherently impossible,
or that the means employed is either inadequate or
ineffectual
d. That the act performed should not constitute a
violation of another provision of the RPC.
STAGES OF EXECUTION
• The offer made by one of the parties to the
other constitutes attempted felony if the offer
is rejected.
• It is frustrated if the person returned the
money given by the offender.
(5) Material Crimes
Crimes which involve the three stages of execution.
(e.g. homicide, murder, robbery, etc.)
DEVELOPMENT OF CRIME
(1) First stage - Internal acts
Mere ideas in the mind of a person are not
punishable.
(2) External Acts
a. preparatory acts – generally not punishable,
except when the law provides otherwise (ex.
Proposal and conspiracy to commit a felony;
Art. 304: possession of picklocks, and Art. 176:
possession of implements for committing
falsification)
b. acts of execution – performance of overt acts
which, if continued, will logically result in a
felony. Punishable under Art. 6 of the RPC
STAGES OF EXECUTION

MANNER OF COMMITTING CRIMES

(1)
(1) Formal Crimes
Consummated in one instant, no attempt. It con-
summates the crime by mere attempt or proposal or
by overt act.
(2)
E.g. slander, false testimony, mere act of selling or
acting as a broker for the sale of prohibited drugs,
flight to the enemy's country, corruption of minors,
treason, physical injuries, acts of lasciviousness.
(3)
(2) Crimes consummated by mere attempt or proposal
or by overt act.
Importance to classify the stage: for purposes of applying
the proper penalty.
(3) Felony by omission
There is no attempted stage because the of-fender
does not execute acts. He omits to perform an act
which the law requires him to do. (Except for killing
a child by starving him)
(1)
(4) Crimes requiring the intervention of two persons
to commit them are consummated by mere
agreement. (e.g. betting in sports contests,
corruption of public officials, etc.)
Lasallian Commission on Bar Operations
Attempted — when the offender commences the
commission of a felony directly by overt acts, and
does not perform all the acts of execution which
should produce the felony by some cause or accident
other than his own spontaneous desistance
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
Consummated — when all the elements necessary for
its execution and accomplishment are present.
ATTEMPTED FELONY
ELEMENTS
That the offender commences the commission of a
felony directly by overt acts.
Felony deemed commenced directly by overt acts
when the following are present:
A. That there be external acts;
B. Such external acts have direct connection
with the crime intended to be committed.
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Green Notes 2019 Criminal Law

Overt Act
A physical activity or deed, indicating an intention to
Legal Desistance Factual Desistance
commit a crime. [Reyes]
Definition
Indeterminate Offense
It is one where the purpose of the offender in Desistance referred to in Actual Desistance of
performing an act is not certain. Its nature in relation law which would obviate the actor; the actor is
to its objective is ambiguous; thus, the accused may the criminal liability still liable for the
be convicted of a felony defined by the acts unless the overt act or attempt.
performed by him up to the time of desistance. preparatory act already
committed in
“Directly by overt acts” themselves constitute a
Only offenders who personally execute the felony other than what
commission of a crime can be guilty of attempted the actor intended.
felony. Thus, principal by inducement cannot be
guilty of attempted felony. Time or Period Employed

Desistance made during Desistance made after

(2) That the offender does not perform all the acts of
the attempted stage. the attempted stage of
execution which produce the felony.
the crime.

Something still remains to be done by the offender.

If anything yet remained for him to do, he would be The spontaneous desistance of the accused is
guilty of attempted felony. EXCULPATORY only:
(1) if made during the attempted stage, and
(3) The offender’s act is not stopped by his own (2) provided that the acts already committed
spontaneous desistance. do not constitute any offense.

The offender fails and stops to perform all the acts of
execution which should produce the felony because
of some cause or accident, not his own spontaneous
desistance.
(4) The non-performance of all acts of execution was
due to a cause or accident other than his own
spontaneous desistance.
If the actor does not perform all the acts of execution
by reason of his own spontaneous desistance, there
is no attempted felony. The law does not punish him.
• It is not necessary that spontaneous
desistance be actuated by good motives.
• Desistance should be made before all the acts
of execution are performed.
FRUSTRATED FELONY
ELEMENTS
(1) The offender performs all the acts of execution;
NOTE: The offender must perform all the acts of
execution. Nothing more is left to be done by the
offender, because he has performed the last act
necessary to produce the crime.
(2) All the acts performed would produce the felony
as a consequence;
(3) But the felony is not produced; and
(4) The felony is not produced by reason of causes
independent of the will of the perpetrator.

Desistance Certain causes which may prevent the

It is an absolutory cause which negates criminal
liability because the law encourages a person to
desist from committing a crime.
• 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.
consummation of the offense are:
a. Intervention of third persons who
prevented the consummation of the
offense; thus, it makes it frustrated.
b. Perpetrator’s own will; thus, it ceases to
be frustrated.

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Green Notes 2019 Criminal Law

CONSUMMATED FELONY
When all the elements necessary for its execution and
accomplishment are present, the crime is consummated.
NOTE: The offender does not have to do anything else to
consummate the offense. He has already reached the
objective stage of the offense as he no longer has control
of his acts having already performed all that is necessary
to accomplish his purpose.
(2) OBJECTIVE PHASE – That portion the phase which
commences once the offender has performed the
last act to complete the elements of the crime
NOTE: If he has not so stopped in the subjective
phase, but continues until he performs the last act, it
is frustrated, provided the crime is not produced. If
it is produced, the crime is consummated.
In attempted felony, the offender never passes the
subjective phase of the offense.

Factors in determining stage of execution of felony: Attempted Stage

(1) Nature of the offense; Marks the commencement of the subjective phase.
(2) Elements constituting the felony;
(3) Manner of committing the felony; Frustrated Stage
The end of subjective phase and the start of the
objective phase.
Attempted Frustrated Impossible

Consummated Stage
Evil intent is not Evil intent is not Evil intent is not It is the result of the acts of the execution, that is, the
accomplished. accomplished. accomplished. accomplishment of the crime.
• If both the subjective phase and objective phase
are present, there is a consummated felony.
Evil intent is Evil intent is Evil intent is
possible of possible of impossible to
EFFICIENT INTERVENING CAUSES
accomplishment. accomplishment. accomplish.

Causes interrupting the natural flow of events from the

What prevented What prevented Evil intent
happening of the allegedly felonious act to the resulting
the the cannot be
injury. This may relieve the offender from criminal liability
accomplishment accomplishment accomplished
is the is the because of its
Not efficient intervening causes:
intervention of intervention of inherently
certain cause or certain cause by impossible
(1) The weak or diseased physical condition of the
accident in a third person to accomplishment
victim. (e.g. tuberculosis, heart disease)
which the prevent its or the means
(2) The nervousness or temperament of the victim; (e.g.
offender had no consummation employed by the
removing the drainage from wound)
part. or by the own offender is
(3) Causes which are inherent in the victim; (e.g. not
will of the inadequate or
knowing how to swim, tuba addict)
perpetrator. ineffectual.
(4) Neglect of the victim or third person; (ex. Refusal of
medical attendance)
PHASES OF THE OFFENSE IN RELATION TO THE (5) Erroneous or unskilled medical or surgical treatment
STAGES OF EXECUTION (unless the wound is slight or not mortal)

(1) SUBJECTIVE PHASE - That portion of the acts

constituting the crime, starting from the point where
the offender begins the commission of the crime to
that point where he still has control over his acts,
including the act’s natural course.
NOTE: During this phase, the offender is stopped by
any cause outside of his voluntary desistance, the
subjective phase has not been passed and it is an
attempt.

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IMPOSSIBLE CRIME Means employed did not produce the result

expected.
Par. 2
By any person performing an act which would be an Inherent impossibility of its accomplishment:
(1) Legal impossibility
offense against persons or property, were it not for the
Where the intended acts, even if
inherent impossibility of its accomplishment or on the
completed would not amount to crime.
account of employment of inadequate or ineffectual
(e.g. Stealing a property that turned out
means.
to be owned by the stealer). (Intod v. CA)
(2) Physical impossibility
IMPOSSIBLE CRIME
When extraneous circumstances
Its commission is indicative of a criminal propensity or unknown to the actor or beyond his
criminal tendency on the part of the actor; he is a potential control prevent the consummation of the
criminal. intended crime. (e.g. When one tries to
• It is based on the positivist theory. murder a corpse; peppered the victim’s
• There is no attempted or frustrated impossible house with bullets, the victim being
crime. It is always consummated. absent at the time)Where the means
• Impossible crimes ONLY apply to grave and less employed is adequate and the result is
grave felonies. not produced, it is not an impossible
crime, but a frustrated felony. (People v.
REQUISITES OF IMPOSSIBLE CRIME: Domasian, 1993)

(1) That the act performed would be an offense against CONTINUING CRIMES
persons or property. (See: page 16)

CRIMES CRIMES AGAINST A single crime, consisting of a series of acts but all arising
AGAINST PROPERTY from one criminal resolution. Although there is a series of
PERSONS acts, there is only one crime committed; hence, only one
Parricide [Art. Brigandage [Art. 306 - 307] penalty shall be imposed. It is a continuous, unlawful act
246] Robbery [Art. 294, 297 300, or series of acts set on foot by a single impulse and
Physical injuries 302 - 303] operated by an unintermittent force, however long a time
[Art. 262 - 266] Usurpation [Art. 312 - 313] it may occupy. (People vs De Leon)
Rape [Art. 266 - Culpable Insolvency [Art.
A] 314] COMPLEX CRIMES AND
Abortion [Art. Theft [Art. 308, 310, 311]
256 - 259] Swindling and other deceits
COMPOSITE CRIMES
Homicide [Art. [Art. 315 - 318]
249] Chattel Mortgage [Art. 319] PLURALITY OF CRIMES
Murder [Art. 248] Arson and other crimes Consists in the successive execution, by the same
Infanticide [Art. involving destruction [Art. individual, of different criminal acts, upon any of which no
255] 320 - 326] conviction has yet been declared.
Duel [Art. 260 - Malicious Mischief [Art. 327
261] - 331] Kinds:
(1) Ordinary Complex Crime
(2) That the act was done with evil intent. (2) Special Complex Crime or Composite crimes
(3) That its accomplishment is inherently impossible, (3) Continued Crimes
or that the means employed is either inadequate or
ineffectual; and (1) ORDINARY COMPLEX CRIMES
When a single act constitutes two or more grave or less
INADEQUATE, MEANING grave felonies, or when an offense is a necessary means for
Insufficient. committing the other, the penalty for the most serious
crime shall be imposed, the same to be applied in its
INEFFECTUAL, MEANING maximum period. (Art. 48)
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Green Notes 2019
KINDS OF ORDINARY COMPLEX CRIMES
(1) Compound Crimes
A single act constitutes two or more grave or less
grave felonies.
Requisites:
a. That only a single act is performed by the
offender;
b. That the single act produces:
i. Two or more grave felonies
ii. One or more grave and one or more
less grave felonies, or
iii. Two or more less grave felonies.
Excluded:
a. Light felonies - if produced by the same act
should be punished as separate offenses
b. Crimes punished under special penal laws
Examples:
a. A person throwing a grenade at one person
but killing several people (People vs Guillen)
b. A single bullet killing two or more persons
(People vs Caldito)
• Criminal negligence [Art. 365] can be complexed.
(2) Complex crime proper
An offense is a necessary means for committing
another offense.
Requisites:
a. At least two offenses are committed;
b. One or some of the offenses must be
necessary to commit the other; and
c. Both or all of the offenses must be punished
under the same statute.
• Note: Necessary means is not equivalent to
indispensable means. It is also not inherent in
the crimes nor defines the other crime so as to
constitute an element of another offense
committed.
The first offense must be consummated.
Excluded:
a. When the crimes committed are punished by
the RPC and SPL
NOTE: Complex compound crimes expressly
refer to “felonies." Complex crime proper
cannot exist when the crimes involved are
punished under different statutes
Lasallian Commission on Bar Operations
Criminal Law
b. When the law specifically fixes a single
penalty for two or more offenses committed
NOTE: These are referred to Special Complex
Crimes
c. When the law specifically fixes a single
penalty when two offenses result from a
single act
d. When the law imposes “another penalty in
addition” to the crime
e. When the crimes have common elements
NOTE: This is when two crimes are
committed but there is a common element to
both crimes. In such case, the element
cannot be appreciated as present for both,
but rather, can be counted only as to one of
the crimes, rendering the other crime
incomplete.
f. When the crimes involved are subject to the
rule of absorption of one crime by the other
i. The prior crime committed was
indispensable in committing the other,
then it would constitute an inherent
element in the subsequent crime
ii. The prior crime committed is
considered an aggravating
circumstance of the subsequent crime
g. When the crime is committed through
negligence or imprudence
NO COMPLEX CRIME:
(1) In case of continuous crimes;
(2) When one offense is committed to conceal the other;
(3) When the other crime is an indispensable part or an
element of the other offense or offenses;
(4) Where one of the offenses is penalized by a special
law; and
(5) When the provision provides for a two-tiered
penalty.
NOTE:
• Art. 48 is intended to favor the culprit.
• The penalty for complex crime is the penalty for
the most serious crime, the same to be applied in
its maximum period
• If different crimes resulting from one single act are
punished with the same penalty, the penalty for
any one of them shall be imposed the same to be
applied in the maximum period.
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Green Notes 2019 Criminal Law

• When two felonies constitute a complex crime, are
punishable by imprisonment and fine respectively
only the penalty of imprisonment should be
imposed.
• There is no fine imposed in complex crimes.
• There is no complex crime in estafa thru
falsification of private document as both crimes re-
quire damage as an element which, if used for one
renders the other incomplete, hence, the query is
as to which crime was committed first.
• There is no complex crime of rebellion with
murder arson, robbery or other common crimes.
• Article 48 does not apply to Act Penalized under
Article 365 (criminal negligence) of the RPC
(2) SPECIAL COMPLEX CRIMES OR COMPOSITE CRIMES
Those which are expressly treated by law as single
indivisible offenses although comprising more than one
specific crime and with specific penalty.
Examples:
• Rape with homicide,
The homicide must always be consummated; other-
wise, the two would constitute separate offenses.
The rape may either be consummated or attempted.
• Kidnapping with homicide,
• Kidnapping with rape,
• Robbery with rape,
Additional acts of rape not aggravating.
applied according to the
rules on imposition of
the penalty.
(3) CONTINUING CRIMES
A single crime, consisting of a series of acts but all arising
from one criminal resolution. Although there is a series of
acts, there is only one crime committed; hence, only one
penalty shall be imposed. It is a continuous, unlawful act
or series of acts set on foot by a single impulse and
operated by an unintermittent force, however long a time
it may occupy. (People vs De Leon)
NOTE: When the first criminal act was committed, it must
be shown that the offender already intended to commit the
subsequent series of acts. Otherwise, if each act was
independent in the sense that it arose from different
criminal resolutions, each must be considered as a
separate offense. Thus, the criminal intent of the offender
is important. Such kind of crimes is not found in the RPC
but is provided for under jurisprudence
Requisites:
a. There are a series of acts (regardless of the period
of time over which it occurred)
b. Such acts arise out of a singular criminal purpose
and resolution to attain a definite objective
c. All of such acts violates the criminal offense as
defined

NOTE: There is no complex crime of Arson with Homicide. In determining venue, a continued, continuous or
(People v. Edna) continuing crime is DIFFERENT from a transitory crime
(moving crime) – in the latter case, criminal action may be
ORDINARY COMPLEX SPECIAL COMPLEX instituted and tried in the court of the municipality, city or
CRIME CRIME OR COMPOSITE province wherein any of the essential ingredients thereof
took place.
CRIME
As to their concept
Real or material plurality Continued crime
It is made up of two or more It is made up to two or
There is series of acts There is a series of acts
crimes being punished in more crimes which are
performed by the offender. performed by the
distinct provisions of the considered only as a
offender.
RPC but alleged in one component of a single
Each act performed by the The different acts
information either because indivisible offense being
offender constitutes a constitute only one
they were brought about by punished in one
a single felonious act or provision of the revised separate crime; each act is crime; all of the acts
generated by a distinct performed arise from
because one offense is a penal code.
necessary means for criminal impulse one criminal resolution.
committing the other
offense or offenses. CONTINUING OFFENSE
As to penalty A continuous, unlawful act or series of acts set on foot by
Penalty for the most It is the penalty a single impulse and operated by an unintermittent force,
serious crime shall be specifically provided for
however long a time it may occupy. Although there is a
imposed and in its the special complex series of acts, there is only one crime committed. Hence,
only one penalty shall be imposed.
maximum period. crime that shall be

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CIRCUMSTANCES AFFECTING CRIMINAL (2) Defense of relatives

LIABILITY
MODIFYING CIRCUMSTANCES affects not only criminal
liability, but also the civil liability ex delicto
EFFECT ON CRIMINAL EFFECT ON CIVIL LIABILITY
LIABILITY EX DELICTO
JUSTIFYING CIRCUMSTANCES (Art. 11)
Negates criminal Generally no civil liability,
liability EXCEPT in par. 4 of Art. 11
where the civil liability is
borne by the persons
benefited by the act (Art. 101)
EXEMPTING CIRCUMSTANCES (Art. 12)
Negates criminal Generally, there is civil
liability liability ex delicto, EXCEPT in
accident and insuperable
cause Art. 12(4,7), which
strictly are not criminal
ABSOLUTORY CIRCUMSTANCES
Negates criminal Unsure but since they are akin
liability to exempting circumstances,
there is civil liability.
MITIGATING CIRCUMSTANCES (Art. 13)
Reduces criminal Court can take them into
liability consideration in the award of
damages
AGGRAVATING CIRCUMSTANCES (Art. 14)
Increases criminal Court can take them into
liability consideration in the award of
damages
ALTERNATIVE CIRCUMSTANCES (Art. 15)
Reduces or increases Court can take them into
criminal liability, as the consideration in the award of
case may be damages
ENUMERATION OF THE CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES (Art. 11)
(3) Defense of strangers
(4) State of necessity or the avoidance of a greater evil
(5) Performance of duty or lawful exercise of a right
(6) Obedience to lawful order of superior
EXEMPTING CIRCUMSTANCES (Art. 12)
(1) Imbecility or Insanity
(2) Minority (as amended by RA 9344)
(3) Accident
(4) Compulsion of an irresistible force
(5) Impulse of an uncontrollable fear
(6) Insuperable or lawful cause
MITIGATING CIRCUMSTANCES (Art. 13)
Ordinary Mitigating —
(1) Incomplete justifying or exempting circumstances
(2) Senility (over 70 years of age)
(3) Praeter intentionem
(4) Sufficient provocation
(5) Vindication of a grave offense
(6) Passion and obfuscation
(7) Voluntary surrender
(8) Voluntary plea of guilt
(9) Physical defects
(10) Illness diminishing the exercise of will-power
(11) Analogous circumstances
Privileged Mitigating —
(1) Art. 68 — Minors over 15 and under 18 years of age
who acted with discernment
(2) Art. 69 — If the deed is not wholly excusable by
reason of the lack of some of the conditions
required to justify it or to exempt from criminal
liability, if majority of such conditions are present.
AGGRAVATING CIRCUMSTANCES (Art. 14)
Generic Aggravating —
(1) Taking advantage of public position
(2) In contempt or with insult to the public authorities
(3) Dwelling of the offended party
(4) Abuse of confidence
(5) Obvious ungratefulness
(6) Crime 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.
(7) Nighttime
(8) Uninhabited place
(9) Band

(1) Self-defense

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Green Notes 2019 Criminal Law

(10) Conflagration, shipwreck, earthquake, epidemic or (4) Certain relatives who are accessories subject to
other calamity or misfortune the requisites provided (Art. 20)
(11) Aid of armed men or (5) Death and physical injuries inflicted under
(12) Recidivism exceptional circumstances (Art. 247)
(13) Habituality or Reiteracion (6) In trespass, a person is not liable if he entered
(14) Price, reward, or promise another’s dwelling for the purpose of preventing
(15) Inundation, fire, poison, explosion, stranding of a some serious harm to himself, the occupants of the
vessel or international damage thereto, derailment dwelling or a third person, nor shall it be applicable
of a locomotive, or by the use of any other artifice to any person who shall enter a dwelling for the
involving great waste and ruin purpose of rendering some service to humanity or
(16) Evidence premeditation justice, nor to anyone who shall enter cafes,
(17) Craft, fraud or disguise taverns, inns, and other public places (Art. 280)
(18) Superior strength or weakening of defense (7) Certain relatives in theft, estafa, and malicious
(19) Treachery mischief (Art. 332)
(20) Ignominy (8) Marriage of the offender with the offended party
(21) Unlawful entry in cases of seduction, acts of lasciviousness, rape
(22) Broken wall, roof, floor, door, or window (9) Instigation
(23) Aid of persons under fifteen years of age (10) Battered woman syndrome (Sec. 26, RA 9262)
(24) Motor vehicles, motorized watercraft, airships, or (11) Status offenses in Sec. 57 and 58, RA 9344
other similar means (12) Mistake of fact
(25) Cruelty (13) Repeal of a law, either absolute or modification of
the penalty when favorable to the offender
Specific Aggravating —
(1) Insult or in disregard of the respect due the
IMPUTABILITY, DEFINED
offended party —crimes against persons and honor
The quality by which an act may be ascribed to a person as
(2) Superior strength or weakening of defense -
its author.
crimes against persons property
(3) Treachery —crimes against persons
RESPONSIBILITY, DEFINED
(4) Ignominy —crimes against chastity and persons
The obligation of taking the penal and civil consequences
(5) Cruelty —crimes against chastity and persons
of the crime.

Special Aggravating —
GUILT, DEFINED
(1) Taking advantage of public position
An element of responsibility without which a man cannot
(2) Organized or syndicated crime group
be made to answer for the consequences of a crime.
(3) Multi-recidivism or habitual
(4) Quasi-recidivism (Art. 160)
(5) Complex Crimes (Art. 48) JUSTIFYING CIRCUMSTANCES
(6) Error in personae (Art. 49)
JUSTIFYING CIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCES (Art. 15) Those were the act of a person is said to be in accordance
with law, so that such person is deemed not to have
(1) Relationship transgressed the law and is free from both criminal and
(2) Intoxication civil liability. There is no civil liability, except in par. 4 of
(3) Degree of instruction and education of the Article 11 where the civil liability is born by the persons
offender benefited by the act.
I. Self-Defense
ABSOLUTORY CIRCUMSTANCES
II. Defense of Relatives
(1) Spontaneous desistance in the attempted stage III. Defense of Strangers
unless the overt act committed already constitutes IV. Avoidance of greater evil or injury
a crime other than that intended (Art. 6, par. 3) V. Fulfillment of duty or lawful exercise of right or
(2) Attempted or frustrated light felonies except those office
against persons or property (Art. 7) VI. Obedience to an order issued for some lawful
(3) Accessories in light felonies (Art. 16) purpose (Art. 11, RPC)
VII. Battered Woman Syndrome (R.A. No. 9262)
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Green Notes 2019
Burden of Proof
The burden of proof is on the accused who must prove it
by clear and convincing evidence.
Effect of Justifying Circumstance
There is both no crime and no criminal.
I. SELF-DEFENSE <
Justified because of man’s natural instinct to protect,
repel, and save his person or rights form impending danger
or peril. It is based on necessity and that impulse of self-
preservation born to man and part of his nature as a human
being. (Castanares vs CA).
Subjects of Self-Defense: (PPRH)
(1) Defense of Persons
(2) Defense of Property
(3) Defense of Rights
(4) Defense of Honor
Requisites Of Self Defense: (URL)
a. Unlawful aggression on the part of the victim
against the accused’s person or rights
Self-Defense includes not only the define of the
person or body of the one assaulted but also that of
his rights, that is, those rights the enjoyment of
which is protected by law. These include —
i. Right to life
ii. Right to property
iii. Right to honour
When there is no peril to one’s life, limb, or rights,
there is no unlawful aggression.
“Actual” The danger must be present, that is, actually
in existence.
“Imminent” The danger is on the point of happening.
It is not required that the attack already begins, for
it may be too late. There must be actual physical
force or actual use of weapon
No Unlawful Aggression when there is agreement
to fight PROVIDED that:
(1) The challenge is voluntarily accepted.
If NOT voluntarily accepted, an attack
subsequent to it is becomes an unlawful
aggression.
(2) It occurred at the stipulated time and place.
If NOT at the stipulated time and place, an
attack subsequent to it becomes an unlawful
aggression.
One who voluntarily joins a fight cannot claim
self-defense.
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Criminal Law
Mistake of Fact
In relation to mistake of facts or good faith and
honest belief of facts, the belief of the accused may
be considered in determining the unlawful
aggression.
NOTE: There is self-defense even if the aggressor
used a toy gun, provided that the accused believed it
to be a real gun.
b. Reasonable necessity of the means employed to
prevent or repel it;
Presupposes the existence of unlawful aggression,
which is either imminent or actual.
“To prevent or repel”
A threat to inflict real injury places a person in
imminent danger; thus, it must be prevented.
An actual physical assault places a person in actual
danger; thus, it must be repelled.
Elements:
a. Necessity for the course of action
b. Necessity of the means employed
Note: BOTH of elements must be reasonable.
The test of reasonableness depends on the
circumstances of each case. It depends on the nature
and extent of the unlawful aggression.
In determining whether it was reasonable, self-
preservation is of paramount consideration.
c. Lack of sufficient provocation on the part of the
offender.
To be entitled to the benefit of self-defense, the one
defending himself must not have given cause for the
aggression by his unjust conduct or by inciting or
provoking the assailant.
• No provocation at all was given to the
aggressor by the person defending himself;
• Even if a provocation was given, it was not
sufficient; or
• Even if the provocation was sufficient, it was
not given by the person defending him-self;
• Even if a provocation was given by the per-
son defending himself, it was not proximate
and immediate to the act of aggression.
Note: The exercise of a right cannot give rise to
sufficient provocation.
How to determine the sufficiency of provocation:
The provocation is sufficient if it is adequate to stir
the aggressor to its commission.
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 Green Notes 2019
The provocation is sufficient:
(1) When one challenges a person into a fight.
(2) When one hurls invectives at another.
NOTE: The requisite of “lack of sufficient
provocation” refers EXCLUSIVELY to “the person
defending himself.” Thus, if the accused appears to
be the aggressor, it cannot be said that he was
defending himself from the effect of another’s
aggression.
RULES IN SELF-DEFENSE
(1) Retaliation is not a self-defense
• In retaliation, the aggression begun by the
injured party already ceased when the person
invoking self-defense attacked him.
• When unlawful aggression ceases, the
defendant no longer has the right to kill or even
wound the aggressor.
(2) The attack made by the deceased and the killing of the
deceased by the defendant should succeed each other
without appreciable interval of time.
(3) The unlawful aggression must come from the person
who was attacked by the person invoking self-defense.
(4) Nature, character, location, and extent of the wound of
the person invoking self-defense allegedly inflicted by
the injured party may belie claim of self-defense.
(5) Probability of the deceased being the aggressor belies
the claim of self-defense.
Q: What is the effect when not all the requisites for self-
defense are present?
A: The accused cannot claim self-defense as a justifying
circumstance. However he could be entitled to either of
the following provided unlawful aggression is present:
• Ordinary mitigating circumstance — at least one
requisite which is unlawful aggression is present
• Privileged mitigating circumstance — at least two
requisites, one is unlawful aggression is present
II. DEFENSE OF RELATIVES <
The person making defense is prompted by some noble or
generous sentiment in protecting and saving a relative.
Requisites:
a. Unlawful aggression to the relative of the person
invoking defense of relatives;
b. Reasonable necessity of the means employed to
prevent or repel it; and
c. In case the provocation was given by the person
attacked, the one making the defense had no part
therein.
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Criminal Law
NOTE: The fact that the relative defended gave
provocation is immaterial. It does not negate the
application of this justifying circumstance, as long
as the person defending had no part in such
provocation.
Relatives that can be defended:
(1) Spouse
(2) Ascendants
(3) Descendants
(4) Legitimate, natural, or adopted brothers or
sisters
(5) Relative by affinity within the same degree
(6) Relative by consanguinity within the fourth civil
degree
“in-laws” relatives
Survives the death of either party to the marriage which
created the affinity.
Blood relatives:
(1) Parents
(2) Legitimate Brothers and sisters
(3) Uncles, Nieces, Aunts, Nephews
(4) First cousins
III. DEFENSE OF STRANGERS <
Requisites:
a. Unlawful aggression to the stranger defended;
NOTE: STRANGERS - any person not included in
the enumeration of relatives under par. 2 of Art. 11.
Damage to another includes injury to persons and
damage to property.
b. Reasonable necessity of the means employed to
prevent or repel it; and
c. The person defending is not induced by revenge,
resentment or other evil motives.
NOTE: Even if a person has a standing grudge
against the assailant, if he enters upon the defense
of a stranger out of generous motive to save the
stranger from serious bodily harm or possible
death, the third requisite of defense of stranger
still exists. The third requisite would be lacking if
such person was prompted by his grudge against
the assailant, because the alleged defense of the
stranger would be only a pretext.
NOTE: This circumstance requires the person making
defense to be actuated by disinterested or generous
motives.
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Green Notes 2019
Furnishing a weapon to one in serious dan-ger of being
throttled or about to be throttled is defense of stranger.
IV. AVOIDANCE OF GREATER EVIL OR INJURY >
Requisites:
a. The accused does an act which causes damage to
another in order to avoid an evil or injury which
actually exists, and is not brought about by the
accused’s own acts;
• Evil sought to be avoided must not be merely
expected or anticipated or may happen in the
future.
• The state of necessity must not be brought
about by the accused himself
b. That the injury feared be greater than that done to
avoid it;
• An exercise of right is not an evil to be
justifiably avoided.
c. That there be no other practical or less harmful
means of preventing it
• Greater evil must NOT be brought about by
the negligence or imprudence or violation of
law by the actor.
NOTE: It is only in this paragraph of Art. 11 where there is
civil liability, BUT the civil liability is borne by the persons
benefited. [Art. 101] i.e., if firemen had to ram cars blocking
their entry to a burning building, the persons the firemen
would save from the fire bear the civil liability.
State Of Necessity vs Accident
Article 11, Par. 4 Article 12, Par. 4
Offender deliberately Offender accidentally
caused damage caused damage
V. FULFILLMENT OF DUTY OR LAWFUL EXERCISE
OF RIGHT OR OFFICE >
Requisites:
a. That the accused acted in the performance of duty
or in the lawful exercise of a right or office; and
b. That the injury caused or the offense com-mitted
be the necessary consequence of the due
performance of duty or the lawful exercise of such
right or office.
Lawful exercise of rights or office
Applying Art. 429 of the Civil Code, if, in protecting his
possession of the property, he injures (not seriously) the
one trying to get it from him, he is justified under this
paragraph. (Reyes)
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Criminal Law
• It is not necessary that there be unlawful
aggression against the person charged with the
protection of the property; otherwise, it will fall
under self-defense. (Reyes)
VI. OBEDIENCE TO AN ORDER ISSUED FOR SOME
LAWFUL PURPOSE >
Requisites:
a. That an order has been issued by a superior;
b. That such order must be for some lawful purpose;
and
c. That the means used by the subordinate to carry
out said order is lawful.
This circumstance refers to an unlawful order with the
appearance of legality. Subordinate is not liable for
carrying out an illegal order if he is not aware of its
illegality and has exhibited no negligence.
Presupposes that what was obeyed by the accused was a
lawful order.
If the accused complied with an UNLAWFUL order under
a MISTAKE OF FACT he should not incur a criminal liability.
VII. BATTERED WOMAN SYNDROME (BWS) >
R.A. No. 9262, otherwise known as the “Anti-Violence
Against Women and their Children Act of 2004”, provided
the defense for the Battered Women Syndrome which took
effect on 27 March 2004.
Battered Woman, Defined
A woman who is repeatedly subjected to any forceful
physical or psychological behavior by a man in order to
coerce her to submit to his bidding with no concern for
her rights.
• Includes wives or women in any form of intimate
relationship with men.
• Successfully invoking the Battered Woman
Syndrome will create the effect of a circumstance of
self-defense.
THREE PHASES OF THE “CYCLE OF VIOLENCE”
(1) Tension building phase;
This is the phase where minor batterings in the form of
verbal or slight physical abuse occurs. Here, the woman
tries to pacify the batterer through a show of kind,
nurturing behavior; or by simply staying out of his way.
(2) Acute battering incident;
The same is characterized by brutality, destructiveness
and sometimes, death. The battered woman usually
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Green Notes 2019 Criminal Law

realizes that she cannot reason with him and that V. Uncontrollable fear
resistance would only exacerbate her condition. VI. Insuperable cause

(3) Tranquil, loving (or, at least, nonviolent) phase. Burden of Proof

This is where the couple experience a compound relief The burden of proof to prove the existence of an
and the batterer may show a tender and nurturing exempting circumstances lies with the defense.
behavior towards his partner.
• In order to be classified as a battered woman, the JUSTIFYING EXEMPTING
couple must go through the battering cycle at least CIRCUMSTANCES CIRCUMSTANCES
twice. It affects the act not the It affects the actor not the
• Crucial to the BWS defense is the state of mind of the actor; emphasis of the law act; emphasis of the law is
battered woman AT THE TIME OF THE OFFENSE - is on the act on the actor
she must have actually feared imminent harm from The act is considered to The act complained of is
her batterer and honestly believed in the need to kill have been done within the actually wrongful, but the
him in order to save her life. bounds of law; hence, actor is not liable.
legitimate and lawful in
Requisites of BWS: the eyes of the law.
a. Each of the phases of the cycle of violence must be Since the act is Since the act complained
proven to have characterized at least two battering considered lawful, there is of is actually wrong, there
episodes between the appellant and her intimate no crime. is a crime but, since the
partner. actor acted without
b. The final acute battering episode preceding the voluntariness, there is no
killing of the batterer must have produced in the dolo or culpa.
battered person’s mind an actual fear of imminent No crime There is a crime
harm from her batterer and an honest belief that No civil liability (except There is civil liability
she needed to use force in order to save her life; Art. 11, par. 4, where there (except Art. 12, par 4 and 7,
c. At the time of the killing, the batterer must have is civil liability) where there is no civil
posed probable -- not necessarily immediate and liability
actual -- grave harm to the accused, based on the
history of violence perpetrated by the former
CIRCUMSTANCE BASIS OF EXEMPTION
against the latter.
I. Imbecility or Insanity Absence of intelligence

EXEMPTING CIRCUMSTANCES II. Minority Absence of intelligence

III. Accident Absence of criminal intent
RULE: When the offender acts in accordance with and fault
exempting circumstances during the commission of the IV. Compulsion of an Absence of freedom of
felony, he is exempt from criminal liability but not the civil irresistible force action or voluntariness
liability ex delicto. V. Impulse of an Absence of freedom of
uncontrollable fear action or voluntariness
Exempting circumstances are those by virtue of which, VI. Insuperable or lawful Absence of criminal intent
although the act is criminal, the law exempts the actor cause and fault
from liability.
I. Imbecility or Insanity
I. IMBECILITY OR INSANITY >
II. Minority
Imbecility, defined
a. Children who are 15 years of age or under at
Exists when a person, while of advanced age, has a mental
the time of the commission of the offense to
development comparable to that of children between two
an intervention program.
to seven years of age.
b. Children above 15 but below 18 who acted
without discernment. (Juvenile Justice and
Insanity, defined
Welfare Act, R.A. No. 9344)
Exists when there is a complete deprivation of intelligence
III. Accident without fault or intention of causing it
of freedom of the will. Mere abnormality of mental
IV. A person who acts under the compulsion of an
faculties is not enough especially if the offender has not
irresistible force
lost consciousness of his acts.

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Green Notes 2019
RULE
In imbecility or insanity, there must be a complete
deprivation of intelligence, reason and discernment. The
offender is exempted because of complete absence of
intelligence.
• Insanity and imbecility to exempt under Par 1, must
be COMPLETE and they cannot be graduated in
degrees of gravity. (Regalado, 2009)
• An insane person is not so exempt if it can be shown
that he acted during a lucid interval BUT an imbecile
is exempt in all cases from criminal liability.
• Feeblemindedness is not exempting but can be
considered as mitigating.
• Somnambulism or sleepwalking must be clearly
proven to be considered as an exempting
circumstance under this article.
TWO TEST OF INSANITY
(1) Test of COGNITION
Complete deprivation of intelligence
committing the crime.
(2) Test of VOLITION
Total deprivation of freedom of will.
NOTE: In the Philippines, both cognition and volition
test are applied there must be complete deprivation of
the intellect (cognition) or will or freedom (volition)
The defense must prove that the accused was insane at
the time of commission of the crime because the
presumption is always in favor of sanity.
Effects Of The Insanity Of The Accused
Time when accused Effect on criminal liability
was insane
At the time of the Exempt from liability
commission of the
crime
During trial Proceeding will be suspended
and accused is committed to a
hospital
After judgment or Execution of judgment is
while serving suspended the accused is
sentence committed to a hospital the
period of confinement in the
hospital is counted for the
purpose of the prescription of
the penalty
• The fact that a person behaves in a crazy manner
is not conclusive of insanity.
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Criminal Law
• “Crazy is not synonymous with the legal terms
“insane, “non compos mentis,” “unsound mind,”
“idiot,” or “lunatic”.
II. MINORITY >
Periods of Criminal Responsibility
(1) Absolute irresponsibility — 15 years and below (until
15th birthday)
(2) Conditional responsibility — 15 years and 1 day to
below 18 years (ages 15, 16 and 17).
(3) Full responsibility — 18 years to 70 years
(4) Mitigated responsibility — 15 years and 1 day to 18
years, the offender acting with discernment AND
those over 70 years (senility). In this case, it is a
privileged mitigating circumstance under Art. 68
Minors exempt from lliability
(1) Minors 15 years old or under (until 15th birthday)
(2) Minors over 15 (15 years and 1 day) and under 18
(those aged 16 and 17) who did not act with
in discernment
Discernment, defined
Mental capacity to understand the difference between
right and wrong as determined by the child’s appearance,
attitude comportment and behavior not only before and
during the commission of the offense but also after and
during the trial.
It is manifested through:
(1) Manner of committing the crime
(2) Conduct of the offender
Discernment Intent
Refers to moral Refers to the desired result of
significance the the person
person ascribes to the
act.
JUVENILE JUSTICE AND WELFARE ACT OF 2006
(R.A. 9344)
(1) The following are EXEMPT from criminal
liability:
a. Children who are 15 years of age or under at
the time of the commission of the offense
to an intervention program.
i. If after the intervention there is no
reform the minor shall be returned to
the court for the promulgation of the
decision against the minor: and then
the court shall either decide on the
sentence or extend the intervention.
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Green Notes 2019
b. Children above 15 but below 18 who acted
without discernment.
(2) If the child referred herein acted with
discernment, he/she shall undergo diversion
programs without undergoing court proceedings
subject to the following conditions: (Section 23)
a. Where the imposable penalty is not more
than 6 years of imprisonment, the Punong
Barangay or law enforcement officer shall
conduct mediation, family conferencing
and conciliation.
b. Where the imposable penalty exceeds 6
years imprisonment, diversion measures
may be resorted to only by the court.
(3) Exemption from criminal liability herein
established does not include exemption from
civil liability.
(4) The child in conflict with the law shall enjoy the
presumption of minority until he/she is proven
to be 18 years old or older (Section 7, par. 1)
The prosecutor shall conduct a preliminary
investigation and file information upon
determination of probable cause in the following
instances (Section 33):
a. When the child in conflict with the law does
not qualify for diversion.
b. When the child, his/her parents or guardian
does not agree to diversion.
c. Upon determination by the prosecutor that
diversion is not appropriate for the child in
conflict with the law.
(5) Automatic Suspension of Sentence
Once the child who is under 18 years of age at the
time of commission of the offense is found guilty
of the offense charged, the court shall determine
and ascertain any civil liability which may have
resulted from the offense committees. However,
instead of pronouncing the judgment of
conviction, the court shall place the child in
conflict with law under suspended sentence,
without the need of application and impose the
appropriate disposition measures as provided in
the Supreme Court Rule on Juveniles in Conflict
with the law. (Section 38)
(6) Upon recommendation of the social worker who
has custody of the child, the court shall order the
finals discharge of the child.
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Criminal Law
The discharge of the child in conflict with the law
shall not affect the civil liability resulting from the
commission of the offense (Section 39.)
SUMMARY OF RULES
• If the judgment is an acquittal, the decision shall
immediately take effect without suspension and the
decision shall be promulgated and pronounced.
• If the judgment is conviction, the promulgation of the
decision and the sentence shall be suspended by the
court, the minor shall be ordered to undergo
intervention, which shall have the following effects:
(1) If after the intervention, there is reform on the
part of the minor, the minor shall be returned to
the court to dismiss the criminal case and
dismiss the charges against the minor.
(2) If after the intervention, there is no reform, the
minor shall be returned to the court for the
promulgation of the decision against the minor,
and then the court shall either decide on the
sentence or extend the intervention.
NOTE: Only when there is (1) refusal to be subjected to
reformation or (2) when there is failure to reform can the
child be subjected to criminal prosecution and the judicial
system.
III. ACCIDENT WITHOUT FAULT OR INTENTION
OF CAUSING IT >
Accident, defined
An occurrence that happens outside the sway of our will,
and although it comes about through some act of our will,
it lies beyond the bounds of humanly foreseeable
consequences.
Accident presupposes the lack of intention to commit a
wrong.
Elements:
a. A person is performing a lawful act;
b. With due care;
c. He causes injury to another by mere accident;
d. Without fault or intention of causing it.
IV. A PERSON WHO ACTS UNDER THE COMPULSION
OF AN IRRESISTIBLE FORCE >
Elements : (PIT)
a. That the compulsion is by means of physical
force;
b. That the physical force must be irresistible; and
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Green Notes 2019 Criminal Law

c. That the physical force must come from a third than the damage the damage caused to avoid
person. caused by the accused. it.
NOTE:
• Passion and obfuscation cannot amount to VII. INSUPERABLE CAUSE >
irresistible force. Elements:
• The force must be irresistible as to reduce the a. That an act is required by law to be done;
actor to a mere instrument who acts not only b. That a person fails to perform such act; and
without will but against his will. c. That his failure to perform such act was due to
• The person who used the force or created the fear some lawful or insuperable cause.
is criminally and primarily civilly liable, but the
accused who performed the act involuntarily and Insuperable cause, defined
under duress is still secondarily liable. (Art. 101) A motive which has lawfully, morally or physically
• The compulsion must be of such character as to prevented a person to do what the law commands.
leave no opportunity to the accused for escape or
self-defense in equal combat. MITIGATING CIRCUMSTANCES

VI. UNCONTROLLABLE FEAR > MITIGATING CIRCUMSTANCES

Elements : Those, if present in the commission of the crime, serve to
a. That the threat which causes the fear is of an evil reduce the penalty, not to change the nature of the crime.
greater than, or at least equal to, that which he is I. Incomplete justifying or exempting
required to commit; and circumstances
• Presupposes that a person is compelled II. Over 15 but under 18 years old, if there is
to commit a crime by another, but the discernment or over 70 years old
compulsion is by means of intimation or III. No intention to commit so grave a wrong
threat, not force or violence. IV. Provocation or Threat
b. That it promises an evil of such gravity and
V. Vindication of grave offense
imminence that an ordinary man would have
VI. Passion or obfuscation
succumbed to it.
VII. Voluntary surrender and confession of guilt
NOTE:
VIII. Physical defect of offender
• Duress as a valid defense should be based on a real,
IX. Illness of the offender
imminent, or reasonable fear for one’s life or limb
X. Similar or analogous circumstances
and should not be speculative, fanciful, or remote
fear.
RATIONALE: They are based on the diminution (as
• The compulsion must be of such character as to
opposed to complete absence) of either —
leave no opportunity to the accused for escape or
(1) Freedom of action
self-defense in equal combat.
(2) Intent, or
• It must presuppose intimidation or threat, not
(3) Lesser perversity of the offender
force or violence, otherwise this would fall under
par. 5 on Irresistible Force.
NOTE: A mitigating circumstance arising from a single fact
absorbs all the other mitigating circumstances arising
IRRESISTIBLE FORCE UNCONTROLLABLE FEAR
from the same facts
A third person uses A third person employs
violence or physical intimidation or threat to
ORDINARY PRIVILEGED
force to compel the compel the person invoking
MITIGATING MITIGATING
person invoking Uncontrollable Fear to
Can be offset by any
Irresistible Force to commit a crime. Cannot be offset by any
aggravating
commit a crime. aggravating circumstance
circumstance
Must have been made May be generated by a
Results in the benefit of
to operate directly threatened act directed to a Results in the benefit of
lowering the imposable
upon the person of the third (3rd) person. lowering the imposable
penalty, whether divisible
accused. penalty to the minimum
or indivisible, by one or
The injury feared may The evil feared must be period.
two degrees.
be of a lesser degree greater or at least equal to

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Green Notes 2019 Criminal Law

They are not considered Always considered State of Necessity The evil sought to be avoided
when what is prescribed whether the imposable actually exists
is a single indivisible penalty is divisible or Performance of Duty The accused acted in the
penalty indivisible performance of a duty or in
the lawful exercise of right or
CIRCUMSTANCE BASIS OF office
EXEMPTION Obedience to Order of An order has been issued by a
I. Incomplete justifying Depends Superior superior
or exempting Minority above 15 but Age of minor below 18
circumstances below 18 years of age
II. Over 15 but under 18 Diminution of Causing injury by The accused in performing a
years old, if there is intelligence mere accident lawful act
discernment or over 70 Irresistible Force There is a compulsion by
years old means of physical force
III. No intention to commit Diminution of intent Uncontrollable Fear There is a threat which causes
so grave a wrong a feat of an evil greater than,
(Praeter intentionam) or at least equal to, that which
IV. Provocation or Threat Diminution of he is required to commit
intelligence and intent
V. Vindication of grave Diminution of
offense intelligence and intent II. OVER 15 BUT UNDER 18 YEARS OLD, IF THERE IS
VI. Passion or obfuscation Diminution of DISCERNMENT OR OVER 70 YEARS OLD >
intelligence and intent
VII. Voluntary surrender Lesser perversity of It is the age of the accused at the time of the commission
and confession of guilt the offender of the crime which should be determined. His age at the
time of the trial is immaterial.
VIII. Physical defect of Diminution of freedom
offender
LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER:
IX. Illness of the offender Diminution of
intelligence and intent (1) 15 and below
Exempting
X. Similar or analogous Depends
circumstances (2) Above 15 but under 18
Exempting unless acted with discernment. But
I. INCOMPLETE JUSTIFYING OR EXEMPTING even with discernment, penalty is reduced by one
CIRCUMSTANCES > (1) degree lower than that imposed. [Art. 68, par. 2,
amended by R.A. 9344]

General Rule: Treated as Ordinary Mitigating (3) Minor delinquent under 18 years of age who acted
Circumstance with discernment
Sentence suspended. [Art. 192, PD 603 as amended
Exception: Treated as Privileged Mitigating Circumstance by PD 1179, referred to as Children in Conflict with
(If majority of the elements of the justifying or exempting the Law under RA 9344]
circumstance is present.)
CHILD IN CONFLICT WITH THE LAW
• If the justifying or exempting circumstances has an
(DEFINITION)
even (2, 4, etc.) number of elements, half of it would
A child who is alleged as, accused of, or adjudged
already constitute the majority. as having committed an offense under Philippine
laws.
Indispensable Requisites of Justifying/Exempting
Circumstances (4) 18 years or over
Full criminal responsibility.
CIRCUMSTANCE INDISPENSABLE ELEMENT
Self-Defense Unlawful Aggression (5) 70 years or over
Defense of Relatives Unlawful Aggression Mitigating, no imposition of death penalty [Art. 47];
Defense of Strangers Unlawful Aggression if already imposed, execution of death penalty is
suspended and commuted. [Art. 83]

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Green Notes 2019 Criminal Law

III. NO INTENTION TO COMMIT SO GRAVE A WRONG > NOTE:

• The threat should not be offensive and
Rule for the application: positively strong. Otherwise, the threat to
This can be taken into account only when the facts proven inflict real injury is an unlawful aggression,
show that there is a notable and evident disproportion which may give rise to self-defense.
between the means employed to execute the criminal act • An attack BEFORE the commencement of the
and its consequences. agreed fight is sufficient provocation, provided
• Intention, being an internal state, must be judged that it is not that strong so as to amount to an
by external acts. unlawful aggression. Otherwise, the rules on
• Intention may be ascertained by considering: self-defense apply.
(1) The weapon used • Lawful performance of duty does not give rise
(2) The part of the body injured to sufficient provocation.
(3) The injury inflicted • Vague threats are not enough so as to amount
(4) The manner it is inflicted to sufficient provocation. (i.e. “If you do not
agree, beware!”) (Reyes)
NOTE:
• NOT applicable to felonies by negligence PROVOCATION AS PROVOCATION AS A
• NOT applicable to felonies where intention is REQUISITE OF MITIGATING
immaterial INCOMPLETE CIRCUMSTANCE
• NOT appreciated in cases where there is no SELF-DEFENSE
material harm done. It pertains to its absence It pertains to its presence
• Intent at the time of the commission of the on the part of the person on the part of the offended
felony not during the planning stage should be defending himself. party.
considered.

V. VINDICATION OF GRAVE OFFENSE >

IV. PROVOCATION OR THREAT >

Requisites:
Provocation, Defined
a. That there be a grave offense done to the one
Any unjust or improper conduct or act of the offended
committing the felony, his spouse, ascendants,
party capable of exciting inciting or irritating any one.
descendants, legitimate, natural or adopted
brothers or sisters or relatives by affinity within
Requisites:
the same degrees; and
a. The provocation must be sufficient;
b. That the felony is committed in the immediate
vindication of such grave offense within a
Sufficient means adequate to excite a person to reasonable amount of time
commit the wrong and must accordingly be
proportionate to its gravity. “Immediate” Allows for a lapse of time as long as
the offender is still suffering from the mental agony
As to whether or not the provocation is sufficient, brought about by the offense to him.
the following factors are to be considered:
(1) The act constituting the provocation.
“Grave offense” Includes any act that is offensive
(2) The social standing of the person
to the offender or his relatives and the same need
provoked.
not be unlawful.
(3) The place and time when the provocation
is made.
NOTE:
• That grave offense must be the proximate cause
b. It must originate from the offended party;
or proximate to the act of the offender.
c. The provocation must be personal and directed to
• The grave offense must be directed to the person
the accused; and must be immediate to the act, or
invoking Vindication of Grave Offense.
the commission of the crime.
• Vindication of grave offense cannot co-exist
with passion or obfuscation if based on one
“Immediate” means that no interval of time should
single fact.
elapse between the provocation and the
commission of the crime. (People vs Pagal)
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Green Notes 2019 Criminal Law

PROVOCATION VINDICATION NOTE:

It is made directly only to The grave offense may be • The act of the offended party must be unlawful or
the person committing committed also against unjust.
the felony. the offender’s relatives • This mitigating circumstance may be appreciated
mentioned by law. even if the reported act causing the obfuscation
The cause that brought The offended party must was not true, as long as it was honestly and
about the provocation have done a grave offense reasonably believed by the accused to be true.
need not be a grave to the offender or his • No passion or obfuscation after twenty-four (24)
offense. relatives mentioned by hours, or several hours or half an hour elapsed
law. between the cause of the passion or obfuscation
It is necessary that the The vindication of the and commission of the crime.[34]
provocation or threat grave offense may be • The crime committed must not be planned or
immediately preceded proximate, which admits calmly meditated or deliberately fermented by him
the act. of an INTERVAL of time. for a considerable period of time.[35]
It is mere spite against It concerns the honor of a • Obfuscation may arise from jealousy, provided that
the one giving the person. it arises from lawful sentiments. (i.e. not legitimate
provocation or threat. wife; in a legitimate relationship)
• The cause producing passion or obfuscation must
come from the offended party because it only
VI. PASSION OR OBFUSCATION > mitigates that of the crime committed to him.
• Vindication of grave offense cannot co-exist with
Rationale: When there are causes naturally producing in a passion or obfuscation if based on one single fact.
person a powerful excitement, he loses his reason and self-
control, thereby diminishing the exercise of his will-power General Rule: One single fact cannot be made the basis of
(US vs Salandanan) a different modifying circumstances.

Requisites: Exception: When there are other facts, although closely

a. The accused acted upon an impulse so powerful connected with the fact upon which one circumstance is
that it naturally produced passion or obfuscation premised, the other circumstances may be appreciated as
in him based on other fact.
b. The impulse arose out of the lawful sentiments of
the offender such that it was created by unlawful MITIGATING WHEN: NOT MITIGATING WHEN:
or unjust acts by the offended party. The accused acted The act is committed in a
NOTE: Passion or obfuscation must arise from upon an impulse. spirit of lawlessness.
lawful sentiments of the offender. Meaning that The impulse must be so The act is committed in a
the crime committed by the accused must be powerful that it spirit of revenge.
provoked by prior unjust or unlawful acts of the naturally produced
injured party. passion or obfuscation
‣ It cannot apply when the act is committed in a in him.
spirit of lawlessness or revenge.
c. Such act must not be far removed from the DISTINGUISH
commission of the crime by a considerable amount PASSION OR IRRESISTIBLE
of time, during which the perpetrator might OBFUSCATION FORCE
recover his normal equanimity
Mitigating Exempting
NOTE: The defense must prove that the act which Comes from the offender Comes from a third person
produced passion or obfuscation took place at a himself
time not far removed from the commission of the
Arises from lawful Arises from unlawful
crime
sentiments sentiments
PASSION OR PROVOCATION
Passion and obfuscation cannot be mitigating in a
OBFUSCATION
crime which is planned and calmly meditated
before its execution. It presupposes a sudden Produced by an impulse Comes from the injured
which may be caused by party
impulse of natural and uncontrollable fury in the
“spur of the moment” (People vs Pagal) provocation

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Green Notes 2019
An amount of time may Must immediately
pass as long as the precede the commission
offender has not of the crime
recovered his normal
equanimity.
Effect is the loss of reason and control of the offender
Passion and obfuscation CANNOT co-exist with:
(1) Vindication of Grave offense
(2) Treachery
(3) Evident premeditation
VII. VOLUNTARY SURRENDER AND
CONFESSION OF GUILT >
The paragraph contains two (2) mitigating
circumstances:
(1) Voluntary surrender to a person in authority or
his agents.
(2) Voluntary confession of guilt before the court
prior to the presentation of evidence for the
persecution.
Note: If both are present, there will be two independent
ordinary mitigating circumstances.
(1) VOLUNTARY SURRENDER
Requisites:
a. That the offender had not been actually arrested.
b. That the offender surrendered himself to a
person in authority or to the latter’s agent; and
“PERSON IN AUTHORITY“ One directly vested
with jurisdiction which is the power to govern
and to execute the laws, whether as an individual
or as a member of some court or government
corporation, board or commission.
“AGENT OF A PERSON IN AUTHORITY” One
who by direct provision of the law or by election
or by appointment by competent authority is
charged with the maintenance of public order
and protection and security of life and property
and any person who comes to the aid of person
in authority [Art. 152, as amended by R.A. 1978]
NOTE: Surrender must be made to a person in
authority or his agent. Otherwise, a defense will
not be appreciated under this circumstance,
although it may be appreciated under paragraph
10, on analogous circumstances.
c. That the surrender was voluntary.
Lasallian Commission on Bar Operations
Criminal Law
• It must be spontaneous.
• Intent of the accused to submit himself
unconditionally to the authorities must be
either because he acknowledges his guilt or
he wishes to save them the trouble and
expense necessarily incurred in his search
and capture the conduct of the accused
determines the spontaneity of the arrest.
• In order to appreciate this circumstance, the
surrender of the accused must precede the
service of warrant of arrest to the accused or
its return when not served because the
accused cannot be located.
• Posting of bonds amount to voluntary
surrender.
When surrender is considered NOT voluntary
• Intention to surrender without actually
surrendering is not mitigating
• Not mitigating when defendant was in fact
arrested
• Surrender of weapon cannot be equated
with voluntary surrender. It must be the
accused in his person.
• Surrender of accused must not be
accompanied by a condition.
(2) CONFESSION OF GUILT
Requisites:
a. That the offender spontaneously confessed his
guilt
b. That the confession of guilt was made in open
court, that is, before the competent court that is
to try the case;
c. That the confession of guilt was made prior to
the presentation of evidence for the prosecution;
NOTE: All that the law requires is voluntary plea
of guilty prior to the presentation of the evidence
by the prosecution. Thus, even if during
arraignment, the accused pleaded not guilty, he
is entitled to this mitigating circumstance as long
as he withdraws his plea of not guilty and
thereafter pledges guilty to the charge before
the fiscal could present his evidence.
A plea of guilty on appeal is NOT mitigating. This
is because the rationale of spontaneous
willingness of the accused to admit to the
commission of the crime charged is absent.
d. That the confession of guilt was to the offense
charged in the information
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Green Notes 2019 Criminal Law

VIII. PHYSICAL DEFECT OF OFFENDER > (6) Wartime state of confusion resulting in illegal
possession of firearm after the liberation, as being
When the offender is deaf and dumb, blind or otherwise similar to lack of intent to commit so grave a
suffering from some physical defect, restricting his means wrong.
of action, defense or communication with other. (7) Voluntary return of funds malversed by the
accused, as equivalent to voluntary surrender.
The physical defect must relate to the offense committed. (BAR 2011)
(e.g. blindness does not mitigate Estafa.) (8) Testifying for the prosecution without being
discharged from the information, as being like a
Dumb, Defined plea of guilty
Lacking the power of human speech
CIRCUMSTANCES WHICH ARE NEITHER
GENERAL RULE: All of the physical defects of the offender EXEMPTING NOR MITIGATING:
must be proven that such defect restricted his freedom of (1) Mistake in the blow (aberratio ictus)
action and understanding. (2) Mistake in the identity
(3) Entrapment
EXCEPTION: Complete blindness (BAR 2011) (4) Accused is over 18 years of age

Requisites: PRIVILEGED MITIGATING CIRCUMSTANCES

a. That the offender is deaf and dumb, blind or (1)
otherwise suffering some physical defect
b. Such defect restricts his means of action, defense,
or communications with his fellow beings
c. The defect must relate to the crime committed
NOTE: This paragraph does not distinguish between the
educated and uneducated person with physical defects.
IX. ILLNESS OF THE OFFENDER >
Requisites:
a. That the illness of the offender must diminish the
exercise of his will-power; and
(2)
NOTE: This may cover illnesses of the mind,
body, nerves, or the moral faculty. (People vs
Francisco)
b. That such illness should not deprive the of-
fender of consciousness of his acts.
X. SIMILAR OR ANALOGOUS CIRCUMSTANCES >
Examples:
(1) Over 60 years old with failing sight, similar to over
70 years of age under par. 2.
(2) The act of the accused leading the law enforces to
the place where he buried the instruments he used
to commit the crime are similar to voluntary
surrender.
(3) Extreme poverty, as similar to a state of necessity,
which may apply to crimes against poverty but not (1)
violence, such as murder.
(4) Outraged feeling of unpaid creditor, as kin to
vindication and obfuscation. (2)
(5) Appeal to the spirit de corps of the accused, as (3)
analogous to passion.
MINORITY (Art. 68)
By virtue of RA 9344 or the Juvenile Justice and
Welfare Act, minority is always at least a privileged
mitigating circumstance
a. Minors below 15 years and below —
exempting circumstance
b. Minors over 15 years but under 18 acting
without discernment — exempting
circumstance
c. Minors over 15 years but under 18 acting
with discernment — privileged mitigating
under Art. 68
MAJORITY OF THE REQUIREMENTS TO JUSTIFY OR
EXEMPT IS PRESENT (Art. 69)
NOTE: When the circumstance only requires two
elements, the presence of one is considered a
majority. This is a privileged mitigating circumstance
which cannot be offset by any aggravating
circumstance and is considered even if the penalty
prescribed is single and indivisible under par. 1 of Art.
63. (People vs Oanis)
If there is only one or less than majority of the
elements present, the incompleteness is a mitigating
circumstance under Art. 13, and can be offset by a
generic aggravating circumstance.
SPECIFIC MITIGATING CIRCUMSTANCES
Voluntary release within three days; without
attaining purpose; before criminal action (Illegal
Detention)
Abandonment of spouse (Adultery)
Intent to conceal dishonor of mother
(Infanticide/Abortion)

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 Green Notes 2019
AGGRAVATING CIRCUMSTANCES
AGGRAVATING CIRCUMSTANCES
Those which, if attendant in the commission of the crime,
serve to increase the penalty without however, exceeding
the maximum of the penalty provided by law for the
offense; or changing the nature of the crime.
BASIS: Greater perversity of the offender manifested in
the commission of the felony as shown by:
1. the motivating power behind the act
2. the place where the act was committed
3. the means and ways used
4. the time
5. the personal circumstance of the offender
and/or of the victim
MUST BE ALLEGED IN THE INFORMATION
If aggravating circumstance (this includes both qualifying
and generic) are not alleged in the information, they
cannot be taken into consideration. (Sec. 8, Rule 110, Rules
of Criminal Procedure)
Even if the qualifying circumstance was proven by the
prosecution, but was not alleged, it cannot be taken into
account, even as a generic aggravating circumstance
(Rugas vs People)
EFFECT
The presence of aggravating circumstance increases the
imposable penalty to the maximum penalty. Except when
they are not considered when what is prescribed is a single
indivisible penalty.
KINDS OF AGGRAVATING CIRCUMSTANCES
(1) GENERIC- Those that can generally apply to all crimes.
These are the circumstances in Art. 14, par 1, 2, 3
(dwelling), 4, 5, 6, 9, 10, 14, 18, 19 and 20 (except by
means of motor vehicles)
A. Advantage taken of public position;
B. Contempt or insult of public authority;
C. Crime committed in the dwelling of the
offended party;
D. Abuse of confidence or obvious
ungratefulness;
E. Place where crime is committed;
F. Nighttime, uninhabited place, or brand;
G. Recidivism;
H. Habituality;
I. Craft, fraud, or disguise;
J. Unlawful entry;
K. Breaking of parts of the house;
L. Use of persons under 15 years of age.
Lasallian Commission on Bar Operations
Criminal Law
(2) SPECIFIC- Those which apply only to particular
crimes.
A. Disregard of rank, age, or sex due the offended
party in crimes against persons and honor;
B. Abuse of superior strength in crimes against
persons, illegal detention, robbery with rape,
multiple rape, robbery with homicide;
C. Means employed to weaken the defense in
crimes against persons and sometimes in crimes
against person and property;
D. Treachery in crimes against persons;
E. Ignominy in crimes against chastity;
F. Cruelty in crimes against persons;
G. Band in crimes against property, crimes against
person, illegal detention, and treason.
H. Use of unlicensed firearms in the murder or
homicide committed therewith.
Absorbed in rebellion, insurrection, sedition, and
attempted coup d’etat. [R.A. 8294]
(3) QUALIFYING- Those that change the nature of the
crime.
A. Crime committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic
or other calamity or misfortune.
B. Aid of armed or persons who insure or afford
impunity.
C. Price, reward, promise.
D. Crime committed by means of inundation, fire,
poison explosion, stranding of a vessel or
intentional damage there, derailment of a
locomotive, or by the use of any other artifice
involving great waste and ruin.
E. Evident Premeditation
F. Abuse of Superior Strength or Employment of
means to weaken defense
G. Treachery (Alevosia)
H. Crimes committed by means of motor vehicle
I. Cruelty
(4) INHERENT - Those which necessarily accompany the
commission of the crime, therefore not considered in
increasing the penalty to be imposed, such as:
A. Evident premeditation in robbery, theft, estafa,
adultery and concubinage;
B. Abuse of public office in bribery;
C. Breaking of a wall or unlawful entry into a house
in robbery with the use of force upon things;
D. Fraud in estafa;
E. Deceit in simple seduction;
F. Ignominy in rape.
These do not increase criminal liability or the penalty.
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 Green Notes 2019
These may be circumstances:
a. Which in themselves constitute a crime
specially punishable by law
b. Which are included by law in defining a crime
• This means that the circumstance is an
integral element in the crime
c. Inherent in the crime to such a degree that it
must of necessity accompany the commission
thereof
• These are circumstances which
necessarily accompany the commission
of the crime.
d. Inherent in other aggravating circumstances
• This is when an aggravating
circumstance may be absorbed by other
aggravating or qualifying circumstance
(5) SPECIAL - Those which arise under special conditions
to increase the penalty of the offense and cannot be
offset by mitigating circumstances, such as:
A. Quasi-recidivism [Art. 160];
B. Complex crimes [Art. 48];
C. Error in personae [Art. 49];
D. Taking advantage of public position and
membership in an organized/syndicated
crime group [Par. 1[a], Art. 62];
E. Use of unlicensed firearm in homicide or
murder.
These CANNOT be offset by ordinary mitigating
circumstances
Unlike qualifying circumstances, these do not change
that character of the offense charged but guides the
court in imposing the proper penalty
GENERIC QUALIFYING
AGGRAVATING AGGRAVATING
As to its effect
Increases the penalty To give the crime its
which should be imposed proper and exclusive name
upon the accused to the and to place the author
maximum period but thereof in such a situation
without exceeding the as to deserve no other
limit prescribed by law. penalty than that specially
prescribed by law for said
crime.
As to whether it can be offset by mitigating
circumstances
May be offset by an Cannot be offset by a
ordinary mitigating mitigating circumstance
circumstance since it is since it is considered an
not an ingredient of the ingredient of the crime.
crime.
Lasallian Commission on Bar Operations
Criminal Law
RULES ON AGGRAVATING CIRCUMSTANCES
(1) Aggravating circumstances shall not be
appreciated if:
A. They constitute a crime especially punishable
by law; or
B. They are included by the law in defining a
crime and prescribing a penalty therefore.
(2) The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to
such a degree that it must of necessity accompany
the commission thereof. [Art. 62, par.2]
(3) Aggravating circumstances which arise from the
sources listed below shall only serve to aggravate
the liability of the principals, accomplices and
accessories as to whom such circumstances are
attendant even if there was conspiracy:
A. Those from the moral attributes of the
offender; or
B. Those from his private relations with the
offended party; or
C. Those from any personal cause. [Art. 62, par. 3]
(4) The circumstances which consist of the following
shall serve to aggravate the liability of those
persons only who had knowledge of them at the
time of the execution of the act or their cooperation
therein:
A. In the material execution of the act, or
B. In the means employed to accomplish it. [Art.
62, par. 4]
(5) Aggravating circumstances, regardless of its kind,
should be specially alleged in the information AND
proved as fully as the crime itself in order to
increase the penalty. [Sec. 9, Rule 110, 2000 Rules of
Criminal Procedure] Such circumstances are not
presumed.
(Generic aggravating circumstances, even if not
alleged in the information, may be proven during
trial over the objection of the defense and may be
appreciated in imposing the sentence.)
(6) When there are more than one qualifying
aggravating circumstances present, one of them
will be appreciated as qualifying aggravating while
the others will be considered as generic
aggravating.
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Green Notes 2019 Criminal Law

Par 1:
That advantage be taken by the offender of his public
position.
Applicable only when the offender is a public officer.
As a means by which he realizes his purpose, the public
officer must use:
(1) Influence
(2) Prestige or
(3) Ascendancy.
• It cannot be taken into consideration in offenses
where taking advantage of official position is an
integral element of a crime. (i.e. Malversation under
Art. 217)
• It is also inherent in the case of accessories under
Art. 19, par. 3 (harboring, concealing, or assisting in
the escape of the principal of the crime), and in
crimes committed by public officers (Arts. 204-245).
• R.A. 7659 provides that crimes committed by a public
officer will be given the penalty prescribed at its
maximum, regardless of the nature and number of
mitigating circumstances.
• Not aggravating if accused could have perpetrated
the crime without occupying public position.
Par 2:
In contempt of or with insult to the public authorities.
Par 3:
That the act be committed:
(1) with insult or in disregard of the respect due the
offended party on account of his (a) rank, (b) age, or
(c) sex; or
(2) That it be committed in the dwelling of the
offended party, if the latter has not given
provocation.
“Rank of the offended party” The designation or title of
distinction used to fix the relative position of the offended
party in reference to others.
“Age of the offended party” May refer to old age or the
tender age of the victim.
“Sex of the offended party” Refers to the female sex, not
to the male sex.
• If all the four circumstances are present, they have
the weight of four different aggravating
circumstances.
• Disregard of rank, age or sex is essentially applicable
only to crimes against person or honor.
• Offender must deliberately offend the rank, age, or
sex of the offended party.
• The offender must have a superiority over the
offended party in terms of the invoked social
condition.

Requisites:
The aggravating circumstance of disregard of rank, age,
a. That the public authority is engaged in the exercise
or sex is NOT applicable in the following cases:
of his functions;
(1) When the offender acted with passion and
b. That the public authority is not the person against
obfuscation;
whom the crime is committed;
(2) When the condition of being a woman is
c. The offender knows him to be a public authority;
indispensable in the commission of the crime. (e.g.
d. His presence has not prevented the offender from
abduction, seduction and rape)
committing the criminal act.

Dwelling, defined
• Teachers or professor of a public school or
A building or structure, EXCLUSIVELY USED FOR REST
recognized private school and lawyers are NOT
AND COMFORT.
“public authority” within the contemplation of this
• A “combination of a house and a store” or a market
paragraph.
stall where the victim slept is not a dwelling.
• Par 2 of Art. 14 do NOT apply when crime is
• Includes dependencies, the foot of the staircase and
committed in the presence of an agent only.
enclosure under the house.
• Knowledge that a public authority is present is
• Does not mean the permanent residence or domicile
essential. Lack of such knowledge indicates lack of
of the offended party or that he must be the owner
intention to insult the public authority. (People v.
thereof. He must, however, be actually living or
Rodil)
dwelling therein even for a temporary duration or
• If an assault is committed is against the public
purpose.
authority while in the performance of his duty, the
• It is not necessary that the accused should have
offender commits direct assault without these
actually entered the dwelling of the victim to commit
aggravating circumstances.
the offense.

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Green Notes 2019
• The aggravating circumstances of dwelling requires
that the crime be wholly or partly committed therein
or in any integral part thereof.
• Even if the killing took place outside the dwelling, it
is aggravating provided that the commission of the
crime began in the dwelling.
• Offended party must not give provocation in order
to appreciate this circumstance.
• Dwelling may mean “temporary dwelling”
• The victim need not be the owner or occupant of the
dwelling where he was shot.
• Dwelling is not absorbed in treachery.
What aggravates the commission of the crime in one’s
dwelling:
(1) The abuse of confidence which the offended party
reposed in the offender by opening the door to him;
(2) The violation of the sanctity of the home by
trespassing therein with violation or against the will
to the owner.
Dwelling was found aggravating in the following cases
although the crime was committed NOT in the dwelling
of the victim:
(1) The victim was raped in the boarding house where
she was a bed spacer, but not in her room.
(2) The victims were raped in their paternal home where
they were guests.
NOTE: The Revised Penal Code speaks of “dwelling” NOT
domicile.
Meaning of provocation in the aggravating circumstance
of dwelling. The provocation must be: (GSI)
(1) Given by the owner of the dwelling
(2) Sufficient, and
(3) Immediate
Dwelling is NOT aggravating in the following cases:
(1) When both the offender and the offended party are
occupants of the same house.
Exception: In case of adultery in the conjugal
dwelling, the same is aggravating. HOWEVER, if the
paramour also dwells in the conjugal dwelling, the
applicable aggravating circumstance is abuse of
confidence.
(2) When robbery is committed by the use of force upon
things, dwelling is not aggravating because it is
inherent.
(3) In the crime of trespass to dwelling, it is inherent or
included by law in defining the crime.
(4) When the owner of the dwelling gave sufficient and
immediate provocation
(5) The victim is not a dweller of the house.
Lasallian Commission on Bar Operations
Criminal Law
Par 4:
(1) Abuse of confidence; or (2) Obvious ungratefulness
(1) Requisites of abuse of confidence: (TAF)
a. That the offended party had trusted the offender.
b. That the offender abused such trust by committing
a crime against the offended party; and
c. That the abuse of confidence facilitated the
commission of the crime.
NOTE:: Abuse of confidence is inherent in malversation
[Art. 217], qualified theft [Art. 310], estafa by conversation
or misappropriation [Art. 315], and qualified seduction [Art.
337].
(2) Requisites of obvious ungratefulness: (TAOU)
a. That the offended party had trusted the offender;
b. That the offender abused such trust by committing
a crime against the offended party;
c. That the act be committed with obvious
ungratefulness.
NOTE: The ungratefulness contemplated by the
said paragraph must be such obvious, clear and
manifest gratitude on the part of the accused.
Par 5:
(1) In the palace of the Chief Executive; or
(2) In his presence; or
(3) Where public authorities are engaged in the
discharge of their duties; or
(4) In a place dedicated to religious worship.
• Must be dedicated to public religious worship; private
chapels not included.
• There must be an intention to desecrate the place
dedicated to public religious worship.
• The President or Chief Executive need not be in the
Palace to aggravate the liability of the offender. As long
as he was present, and his presence is known to the
accused when he committed the crime.
• Except for the third which requires that official
functions are being performed at the time of the
commission of the crime, the other places mentioned
are aggravating per se even if no official duties or acts
of religious worship are being conducted there.
• Cemeteries are not considered as place dedicated to
the worship of God.
• Offender must have intention to commit a crime when
he entered the place.
• An electoral precinct or polling place during Election
Day is a place “where public authorities are engaged in
the discharge of their duties”.
34
 Green Notes 2019 Criminal Law

General Rule: Nighttime is absorbed in treachery.

PAR. 5. WHERE PUBLIC PAR. 2. CONTEMPT OR
AUTHORITIES ARE INSULT TO PUBLIC Exception: Where both the treacherous mode of
ENGAGED IN THE AUTHORITIES attack and nocturnity were deliberately decided upon
DISCHARGE OF THEIR in the same case, they can be considered separately if
DUTIES such circumstances have different factual bases.
Public authorities are in the performance of their
duties (2) UNINHABITED PLACE (DESPOBLADO)
Place where public duty is performed Uninhabited place, defined
In their office Outside of their office One where there are no houses at all; a place at a
The offended party considerable distance from town, or where the
houses are scattered at great distance from each
May or may not be the Public authority should
other.
public authority not be the offended party.
• The determining factor for the existence of this
circumstance is the reasonable possibility of the
Par 6:
victim receiving or securing aid from third
(1) nighttime; or (2) uninhabited place; or (3) By a band
persons.
• When all 3 circumstances present in the same case and
• This should not be considered when the place
their elements are distinctly palpable and can subsist
where the crime was committed could be seen
independently, they shall be considered separately.
and the voice of the deceased could be heard
• Not applicable when the mitigating circumstances of
from a nearby house.
passion or obfuscation or sufficient provocation are
• It must be appear that the solitude of the place
present in the commission of the crime.
where the crime was committed was sought in
• Nighttime, uninhabited place or band are aggravating
order to better attain the purpose.
when:
A. It facilitated the commission of the crime; or
(3) BAND (EN CUADRILLA)
B. Especially sought for by the offender to insure
Band, defined
the commission of the crime or for the purpose
Whenever more than three (meaning, at least four)
of impunity; or
armed malefactors shall have acted together in the
C. The offender took advantage thereof for the
commission of an offense, it shall be deemed
purpose of impunity.
committed by a band.
• The four armed persons contemplated in this
(1) NIGHTTIME (OBSCURIDAD)
circumstance must ALL be principals by direct
Nighttime, defined
participation who acted together in the
That period of darkness beginning at end of dusk and
execution of the acts constituting the crime. In
ending at dawn. Nights are from sunset to sunrise.
this case, conspiracy is presumed.
• It is necessary that the commission of the crime
• If one of them was a principal by inducement, the
has begun and completed at nighttime and the
aggravating circumstance of having acted with
accused took advantage of the nighttime.
the aid of armed men may be considered.
• This circumstance may also be appreciated if the
• It absorbs the aggravating circumstances of
crime happened at a dimly lit place, whether or
abuse of superior strength and use of firearms
not it was actually nighttime or daytime.
(except when the firearms have no license or
• When the place of the crime is illuminated by
there is a lack of license to carry the firearms) if
light, nighttime is not aggravating.
they are present in the commission of the crime.
• It cannot be applied when it is an accidental
• This aggravating circumstance is NOT applicable
meeting or a chance encounter.
in crimes against chastity, but is considered in
• Circumstances of nighttime, although not crimes against property, crimes against persons,
specially sought for, shall aggravate criminal illegal detention, and treason.
liability if it facilitated the commission of the
• This aggravating circumstance is inherent in
offense or the offender took advantage of the
brigandage.
same to commit the crime.
• When the armed men met up casually with
• Lighting of matchstick or use of flashlights does
others, and a crime was thereafter committed, it
not negate appreciation of this circumstance.
cannot be considered as an aggravating
circumstance.
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Green Notes 2019 Criminal Law

Par 7: • Mere moral or psychological aid or reliance is

on the occasion of a conflagration, shipwreck, sufficient to constitute this aggravating offense.
earthquake, epidemic or other calamity or misfortune. • If there are four armed men, aid of armed men is
absorbed in employment of a band.
The offender must take advantage of the calamity or • “Aid of armed men” includes “armed women”
misfortune. • Persons who insure or afford impunity must have or be
in a position of afford impunity (e.g. A judge)
“Other calamity or misfortune”- refers to other conditions
of distress similar to those previously enumerated. Par 9:
Recidivist
Par 8:
with the aid of: (1) Armed men; or (2) Persons who insure
Recidivist (reincidencia), defined
or afford impunity. One who, at the time of his trial for one crime shall have
been previously convicted by final judgment of another
Requisites: crime embraced in the same title of the RPC
a. That armed men or persons who insure or afford
impunity took part in the commission of the crime, Note: A recidivist is entitled to the benefits of the
directly or indirectly; and indeterminate sentence law but is disqualified from
b. That the accused availed himself of their aid or availing credit of his preventive imprisonment.
relied upon them when the crime was committed.
Requisites:
NOTE: This requires that the armed men are a. That the offender is on trial for an offense;
ACCOMPLICES who take part in that minor capacity b. That he was previously convicted by final judgment
directly or indirectly, and not when they were merely of another crime;
present at the crime scene. Neither should they constitute c. The previous conviction by final judgment was for
a band, for then the proper aggravating circumstance a felony committed PRIOR to the felony he is
would be “by a band”. currently being charged and tried
d. That both the first and the second offences are
When this aggravating circumstance shall NOT be embraced in the same title of the RPC;
considered:
(1) When both the attacking party and the party • In recidivism, it is sufficient that the succeeding
attacked were equally armed. offense be committed after the commission of the
(2) When the accused as well as those who cooperated preceding offense PROVIDED that at the time of his
with him in the commission of the crime acted under trial for the second offense, the accused had already
the same plan and for the same purpose. been convicted of the first offense.
• If both offenses were committed on the same date,
PAR. 8. “WITH THE AID they shall be considered as only one; hence, they
PAR. 6. “BY A BAND”
OF ARMED MEN” cannot be separately counted in order to constitute
As to their number recidivism. Also, judgment of conviction handed down
Requires more than three At least two on the same day shall be considered as only one
armed malefactors (i.e. at conviction.
least four) • To prove recidivism, it is necessary to allege the same
As to their action in the information and to attach thereto a certified
Requires that more than This circumstance is copy of the sentences rendered against the accused.
three armed malefactors present even if one of the • Recidivism must be taken into account no matter how
shall have acted together offenders merely relied on many years have elapsed between the first and second
in the commission of an their aid, for actual aid is felonies.
offense. not necessary. • Even if the accused was granted a pardon for the first
As to their liability offense, but he commits another felony embraced in
the same title of the code, the first conviction is still
Band members are all Armed men are mere
counted to make him a recidivist since pardon does not
principals. accomplices.
obliterate the fact of his prior conviction.
• There is no recidivism if the subsequent conviction is
for an offense committed before the offense involved
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 Green Notes 2019 Criminal Law

in the prior conviction. (i.e. Crime 1 committed before

Crime 2. Accused was convicted of Crime 2 first before As to the kind of offenses involved
Crime 1. There is no recidivism.)
The previous and Requires that the offenses
subsequent offenses must be included in the same
When the accused is granted: not be embraced in the title of the code.
PARDON AMNESTY same title of the Code.
The first conviction is still The first offense is no
As to frequency
counted to make him a longer counted to make
recidivist. Pardon does the accused a recidivist. In Not always an aggravating Always to be taken into
not obliterate the fact of the case of amnesty, it circumstance. consideration in fixing the
his prior conviction. theoretically considers the penalty to be imposed
previous transgressions as upon the accused.
not punishable. According
to article 89, amnesty Par 11:
extinguishes the penalty In consideration of a price, reward or promise
and all its effects.
To consider this circumstance, the price reward or
Par 10: promise must be the primary reason or primordial motive
That the offender has been previously punished: for the commission of the crime.
(1) For an offense to which the law attaches an equal
or greater penalty; or When liability is Aggravated
(2) For two or more crimes to which it attaches a
If Alleged as a General If Alleged as Qualifying
lighter penalty.
Circumstance Circumstance

Requisites of reiteracion or habituality: Only the liability of the Both the liability of the
a. That the accused is on trial for an offense; receiver is affected. giver and the receiver are
b. That he previously served sentence for another affected.
offense to which the law attaches an: • There must be two or more principals, the one who
i. Equal, or gave or offered the price or promise and the one who
ii. Greater penalty, accepted it, both of whom are principals.
iii. Or for two or more crimes to which the law • This appreciated in cases of principal by inducement.
attaches a lighter penalty than that for the • If without previous promise it was given voluntarily
new offense; and after the crime had been committed, it should not be
c. That he is convicted of the new offense. taken into consideration for the purpose of
increasing the penalty.
• Since reiteracion provides that the accused has duly
served the sentence for his previous conviction/s, or
Four Forms of Repetition
is legally considered to have done so, quasi-recidivism
cannot at the same time constitute reiteracion, hence Recidivism Where a person, on separate
this aggravating circumstance cannot apply to a quasi- [Art. 14, par. 9] – occasions, is convicted of two
recidivist. Generic Aggravating offenses embraced in the same
• If the same set of facts constitutes recidivism and Circumstance title in the RPC.
reiteracion, the liability of the accused should be
Reiteracion or Where the offender has been
aggravated by recidivism which can easily be proven.
Habituality [Art. 14, previously punished for an
par. 10] – Generic offense to which the law attaches
Reiteracion Recidivism Aggravating an equal or greater penalty or for
Circumstance two crimes to which it attaches a
lighter penalty.
As to the first offense

It is necessary that the It is enough that a final

offender shall have served judgment has been
out his sentence for the rendered in the first
first offense. offense.

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Green Notes 2019 Criminal Law

penalty or to change the nature of the offense, as

Multi-recidivism or Where a person within a period
of ten years from the date of his opposed to paragraph 7.
Habitual
delinquency [Art. release or last conviction of the
62, par. 5.] – crimes of serious physical RULES AS TO THE USE OF FIRE:
Extraordinary injuries, robbery, theft, estafa or ACT OF THE ACCUSED CRIME COMMITTED
Aggravating falsification, is found guilty of the
Intent was only to burn Simple arson but with a
Circumstance said crimes a third time or
oftener. but somebody died as a specific penalty [Art. 326]
result of the fire
Quasi-recidivism Where a person commits felony If fire was used as a means Murder
[Art. 160] – Special before beginning to serve or to kill
Aggravating while serving sentence on a
If fire was used to conceal Separate crimes of arson
Circumstance previous conviction for a felony.
the killing and murder/homicide
PAR. 12 “BY MEANS OF PAR. 7 “ON THE
• The price, reward or promise need not consist of or INUNDATION, FIRE, OCCASION OF A
refer to material things or that the same were ETC.” CONFLAGRATION,
actually delivered. SHIPWRECK, ETC.”
• It is sufficient that the offer made by the principal by The crime is committed The crime is committed
inducement be accepted by the principal by direct by means of any such on the occasion of a
participation before the commission of the offense. acts involving great calamity or misfortune
waste or ruin. wherein the offender
Par 12: takes advantage of the
That the crime be committed by means of (FIPE-SAD) said circumstance.
A. Inundation,
B. Fire, Par 13:
C. Poison, evident premeditation
D. Explosion,
E. Stranding of a vessel or international damage Requisites:
thereto, The prosecution must prove –
F. Derailment of a locomotive, or a. The time when the offender determined to commit
G. By the use of any other artifice involving great the crime;
waste and ruin. b. An act manifestly indicating that the culprit has
clung to his determination;
Inundation, defined c. The date and time when the crime was, committed,
Refers to use of water, or causing the water to flood in the to compute the lapse of time; an
commission of the offense. d. A sufficient lapse of time between the
• When another aggravating circumstance already determination and execution, to allow him to
qualifies the crime, any of these aggravating reflect upon the consequences of his act and to
circumstances shall be considered as a generic allow his conscience to overcome the resolution of
aggravating circumstance only. his will
• When there is no actual design to kill a person in
burning a house, it is plain arson even if a person is • Mere threats without the second element do not show
killed. Had there been intent to kill, the crime evident premeditation.
committed is murder, qualified by circumstance that • Three hours or less can be considered as sufficient
the crime was committed “by means of fire”. lapse of time.
• “Fire”, “explosion”, and “derailment of locomotive” may • Evident premeditation is presumed to exist when
be inherent in a particular crime, such as arson, crimes conspiracy is directly established.
involving destruction, and damages and obstruction to • Premeditation is absorbed by reward or promise but
means of communication. In these cases, they do not only insofar as the inducer is concerned since he
serve to increase the penalty. obviously reflected thereon in planning the crime but
• Unless used by the offender as a means to accomplish not the person induced since one can be a principal by
a criminal purpose, any of the circumstances in this direct participation without the benefit of due
paragraph cannot be considered to increase the reflection.

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• Evident premeditation, while inherent in robbery, may

Fraud Craft
be aggravating in robbery with homicide if the
premeditation included the killing of the victim.
The act of the accused The act of the accused
• It is a General Rule that evident premeditation is not done in order to create a done in order not to
applicable in error in personae or aberratio ictus, direct inducement by arouse the suspicion of the
except if there was a general plan to kill anyone to insidious words or victim constitutes craft.
commit the crime premeditated. machinations.
• Evident premeditation is compatible with the
mitigating circumstance of immediate vindication of a This is characterized by the intellectual or mental rather
relative for a grave offense. than the physical means to which the criminal resort to
carry out his design
Par. 14:
That (CFD) be employed
Disguise (disfraz), defined
(1) Craft,
Resorting to any device to conceal identity.
(2) Fraud, or
• The test of disguise is whether the device or
(3) Disguise
contrivance resorted to by the offender was
intended to or did make identification more difficult,
Craft (astucia), defined such as the use of a mask or false hair or beard.
Involves the use of intellectual trickery or cunning on the
part of the accused to aid in the execution of his criminal
It is aggravating when:
design.
(1) The accused is not recognized because of his
disguise.
Fraud (fraude), defined (2) The accused was masked, even though it fell off.
Insidious words or machinations used to induce the victim
to act in a manner which would enable the offender to
Not aggravating when:
carry out his design
(1) In spite of the accused’s mask, he was nevertheless
• Craft and fraud may be absorbed in treachery if they objectively identifiable because his key facial
have been deliberately adopted as the means, features are apparent.
methods or forms for the treacherous strategy, or (2) When disguise is not purposely sought by the
they may co-exist independently. offender to conceal his identity.
• When the accused pretended to be buyers of the
store so that they could get close to the victim, such
Par 15:
is sufficient for the AC to attach. (People v Empacis)
(1) superior strength; or
(2) to weaken the defense.
Some stratagems and ruses of that constitute the
aggravating circumstance of fraud or craft, e.g: where the
Paragraph 15 enunciates two (2) aggravating
accused — circumstances either of which qualifies killing to murder.
(1) pretended to be constabulary soldiers and by that
ploy gained entry into the residence of their prey
No advantage of superior strength in the following:
whom they thereafter robbed and killed;
(1) One who attacks another with passion and
(2) pretended to be needful of medical treatment, and
obfuscation does not take advantage of superior
through this artifice, entered the house of the
strength.
victim whom they thereupon robbed and killed;
(2) When a quarrel arose unexpectedly and the fatal
(3) pretended to be wayfarers who had lost their way
blow was struck at a time when the aggressor and his
and by this means gained entry into a house, in
victim were engaged against each other as man to
which they then perpetrated the crime of robbery
man.
with homicide;
(3) When the attack was made on the victim alternately.
(4) pretended to be customer wanting to buy a bottle
of wine;
• In order to appreciate this circumstance, there must
(5) pretended to be co-passengers of the victim in a
be notorious inequality of forces between the parties
public utility vehicle;
and the accused takes advantage of the same.
(6) posed as customers wishing to buy cigarettes; and
• For abuse of superior strength, the test is the relative
as being thristy, asking for drink of water. (People
strength of the offender and his victim.
v Empacis)
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Green Notes 2019 Criminal Law

• When there are several offenders participating in the

What is taken into account
crime, they must all be principals by direct
here is not the number of
participation and their attack against the victim must
aggressors nor the fact that
be concerted and intended to be so.
they are armed, but their
• Abuse of superior strength is also present when the relative physical strength
offender uses a weapon which is out of proportion to
vis-a-vis the offended party.
the defense available to the offended party.
• There is abuse of superior strength when a man
attacks a woman with a weapon. Par. 16:
• In parricide against the wife, it is generally accepted Treachery (alevosia)
that the husband is physically stronger than the wife.
• Abuse of superior strength absorbs cuadrilla (band) Treachery, defined
Present when the offender commits any of the crimes
NOTE: The means employed may amount to treachery against persons, employing means, methods or forms in
when the victim is not able to put up any sort of resistance. 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.
Advantage be To deliberately use excessive force
taken that is out of proportion to the
means for self-defense available to Requisites of treachery:
the person attacked. a. That at the time of the attack, the victim was not in
a position to defend himself; and
Means The offender employs means that b. That the offender consciously adopted the
employed materially weakens the resisting particular means, method, or form of attack
weaken defense power. employed by him.

TEST OF TREACHERY: not only the relative position of the

Examples of “means employed to weaken defense”: parties but, more specifically, whether or not the victim
(1) Where one, struggling with another, suddenly was forewarned or afforded the opportunity to make a
throws a cloak over the head of his opponents and defense or to ward off the attack.
while in this situation he wounds or kills him.
(2) One who, while fighting with another, suddenly casts
Rules regarding treachery:
sand or dirt upon the latter eyes and then wounds or
(1) Applicable only to crimes against persons.
kills him.
(2) Means, methods or forms need not insure
NOTE: This circumstance is applicable only to crimes accomplishment of crime.
against persons, and sometimes against persons and (3) The mode of attack must be consciously adopted.
property, such as robbery with physical injuries or (4) Treachery is taken into account even if the crime
homicide. against the person is complexed with another felony
involving a different classification in the Code.
BY BAND ABUSE OF SUPERIOR (5) The suddenness of attack does not, of itself, suffice
STRENGTH to support a finding of alevosia, even if the purpose
was to kill, so long as the decision was made all of a
Appreciated when the The gravamen of abuse of sudden and the victim’s helpless position was
offense is committed by superiority is the taking accidental.
more than three armed advantage by the culprits of (6) Treachery must be appreciated in the killing of a
malefactors regardless their collective strength to child even if the manner of attack is not shown
of the comparative overpower their relatively (7) Treachery is appreciated when the accused
strength of the victim or weaker victim or victims. employed means to render the victim defenseless
victims. before the commission of the crime, or to eliminate
the risk of defense on the part of the offended party.

When must treachery is present:

• When the aggression is continuous, treachery must
be present in the BEGINNING of the assault

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Green Notes 2019 Criminal Law

• When the assault was not continuous, in that there

Means, methods, The offender The offender,
was interruption, it is sufficient that treachery was
or forms of does not employ like in treachery,
present at the moment the fatal blow was given.
attack are means, methods, employs means
employed by the or forms of but the means
Hence, even though in the inception of the aggression
offender to make attack; he only employed only
which ended in the death of the deceased, treachery was
it impossible or takes advantage materially
not present, if there was a break in the continuity of the
hard for the of his superior weakens the
aggression and at the time of the fatal wound was inflicted
offended party strength. resisting power
on the deceased he was defenseless, the circumstance of
to put up any of the offender
treachery must be taken into account.
sort of party.
resistance.
Treachery cannot be presumed.
There is no treachery when:
(1) The crime is preceded by an altercation. (It is Par 17:
impulsively done) IGNOMINY
(2) The crime is preceded by a warning from the
accused. (The victim is given the opportunity to Ignominy; defined
defend himself; thus, there is an absence of the 2nd A circumstance pertaining to the moral order, which adds
requisite.) disgrace and obloquy to the material injury caused by the
crime.
• An attack on the front of the victim does not • Ignominy is inherent in libel and acts of lasciviousness.
automatically negate treachery. The same goes
with an attack at the back. “Which add ignominy to the natural effects thereof”
• There can be treachery in the following cases: The means or the circumstances must tend to make the
(1) Directing the beam of flashlight on the face effects of the crime more humiliating to the victim or to
of the victim. put the offended party to shame, or add to his moral
(2) Victim is in the state of intoxication that he suffering.
cannot put up any sort of defense. • Injured party must not be dead when the act causing
(3) Victim is a child of tender age. ignominy was inflicted to him.

Treachery should be considered even if: Applicable to:

(1) The victim was not predetermined but there was a (1) Crimes against chastity,
generic intent to treacherously kill any first two (2) Less serious physical injuries,
persons belonging to a class. (The same rule obtains (3) Light or grave coercion, and
for evident premeditation). (4) Murder
(2) There was aberratio ictus and the bullet hit a person
different from that intended. Par 18:
(3) There was error in personae, hence the victim was after an unlawful entry
not the one intended by the accused.
Unlawful entry, defined
Treachery absorbs: (CANACE) When an entrance (and not for escape) is affected by a way
(1) Craft not intended for the purpose.
(2) Abuse of superior strength
(3) Nighttime Unlawful entry is inherent in:
(4) Aid of armed men (1) Robbery with the use of force upon things;
(5) Cuadrilla (“band”) (2) Trespass to dwelling.
(6) Employing means to weaken the defense
Par 19:
NOTE: Treachery cannot co-exist with passion or Broken (WRFDW)
obfuscation. (1) Wall
(2) Roof,
(3) Floor,
Superior Means to
Treachery (4) Door, or
Strength weaken defense
(5) Window
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Green Notes 2019
This circumstance is aggravating only in those cases where
the offender resorted to any of said means TO ENTER the
house.
Par. 19 Par. 18
It involves the breaking Presupposes that there is
(rompimiento) of the no such breaking as by
enumerated parts of the entry through the window.
house.
• If the offender broke a window to enable himself to
reach a purse with money on the table near that
window, which he took while his body was outside of
the building, the crime of theft was attended by this
aggravating circumstance. It is not necessary that the
offender should have entered the building.
Where breaking of door or window is lawful:
(1) Rule 113, Section 11 of the Revised Rules of Criminal
Procedure (An officer, in order to make an arrest
either by virtue of a warrant, or without a warrant as
provided in section 5, may break into any building or
enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance
thereto, after announcing his authority and purpose)
(2) Rule 126, Section 7 of the Revised Rules of Criminal
Procedure (The officer, if refused admittance to the
place of directed search after giving notice of his
purpose and authority, may break open any outer or
inner door or window of a house or any part of a
house or anything therein to execute the warrant or
liberate himself or any person lawfully aiding him
when unlawfully detained therein)
Par 20:
Two (2) different circumstances grouped in this
paragraph:
(1) With the aid of persons under fifteen years of
age.
(2) By means of motor vehicles, airships, or other
similar means.
Use of motor vehicle is aggravating where the accused
purposely and deliberately used the motor vehicle in:
(1) Going to the place of the crime; or
(2) Carrying away the effects thereof; or
(3) In facilitating their escape.
• If motor vehicle is used as a means to kill a person, it
is appreciated as qualifying circumstance.
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• The use of motor vehicle must be purposely sought
and deliberately used for the commission of the
crime; the use is not merely incidental.
“Or other similar means”, meaning
It should be understood as referring to motorized
vehicles or other efficient means of transportation
similar to automobile or airplane.
Par 21:
Wrong done in the commission of the crime be
deliberately augmented by causing another wrong not
necessary for its commission (CRUELTY).
Cruelty, defined
When the culprit enjoys and delights in making his victims
suffer slowly and gradually, causing unnecessary physical
pain in the consummation of the criminal act.
Requisites:
a. That the injury caused be deliberately increase by
causing another wrong; and
b. That the other wrong be unnecessary for the
execution of the purpose of the offender.
Cruelty is inherent in:
(1) Crimes against persons
(2) Mutilation
• There must be positive proof that the wounds found
on the body of the victim were inflicted while he was
still alive in order to unnecessarily prolong physical
suffering.
• Number of wounds alone does not show cruelty; it is
necessary to show that the accused deliberately and
inhumanly increased the sufferings of the victims.
• There is no cruelty when the series of acts causing
unnecessary suffering to the victim took place in
rapid succession.
• There must be appreciable time intervening between
the infliction of one wound and that of another.
Ignominy (Par. 17) Cruelty (Par. 21)
Involves moral suffering Refers to physical
suffering
NOTE: Unlike with mitigating circumstances [Par. 10, Art.
13], there is no provision for aggravating circumstances of
a similar or analogous character. As such, the list is
exclusive.
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Green Notes 2019 Criminal Law

Other Aggravating Circumstances Under SPL
R.A 9165, When a crime is committed by
Comprehensive an offender who is under the
Dangerous Drugs Act influence of dangerous drugs,
Of 2002 such state shall be considered
as a qualifying aggravating
circumstance.
Use of Unlicensed If homicide or murder is
Firearm committed with the use of an
(PD No. 1866 as unlicensed firearm, such use
Amended by R.A, 8294) of an unlicensed firearm shall
be considered as an
aggravating circumstance
[Sec. 1, par. 3]
When a person commits any
crime under the Revised Penal
Code or special laws with the
use of explosives including
but not limited to pillbox,
Molotov cocktail bombs,
denotation agents or
incendiary devices resulting
in the death of a person, the
same is aggravating. [Sec. 3]
Organized/Syndicated The maximum penalty shall be
Crime Group under imposed if the offense was
R.A. 7659 committed by a person who
belongs to an organized
/syndicated crime group.
ORGANIZED /SYNDICATED CRIME GROUP, DEFINED
A group of two or more persons collaborating,
confederating or mutually helping one another for the
purpose of gain in the commission of any crime. [Art. 23,
R.A. 7659]
Specific Aggravating Circumstances
(1) Violation of domicile (nighttime; papers and effects
not returned immediately)
(2) Interruption of religious worship (violence or
threats)
(3) Direct Assault (offender lays hands upon a person
in authority)
(4) Grave threats (in writing; through a middleman)
(5) Slavery (crime is committed to assign the victim to
some immoral traffic)
(6) Robbery with violence against or intimidation of
persons (uninhabited place, band)
EXCEPT: robbery with homicide or robbery with
rape.
(7) Robbery with force upon things (uninhabited place
and by a band)
ALTERNATIVE CIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCES, DEFINED
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.
The alternative circumstances are (RID):
(1) Relationship;
(2) Intoxication; and
(3) Degree of instruction and education of the
offender.
Relationship
The alternative circumstances of relationship shall be
taken into consideration when the offended party is the:
(1) Spouse,
(2) Ascendant,
(3) Descendant,
(4) Legitimate, natural, or adopted brother or sister,
(5) Relative by affinity in the same degree of the
offender.
Other relatives included:
• The relationship of stepfather or stepmother and
stepson or stepdaughter.
• The relationship of adopted parent and adopted
child. Adoption refers only to brothers and sisters
but not to the adopting parents.
BAR 2011
But the relationship of uncle and niece is not covered
by any of the relationship mentioned
Relationship is mitigating in the following cases:
(1) In crimes against property, as a rule, relationship is
mitigating, by analogy to the provisions of Art. 332.
• Thus, relationship is mitigating in the crimes of
robbery [Arts. 294-302], usurpation [Art. 312],
fraudulent insolvency [Art. 314] and arson [Art.
321-322, 325-326].
• Relationship is exempting in the crimes of
theft, estafa, and malicious mischief. [Art. 332]
(2) In crimes against persons
• In cases where the offense committed is less
serious physical injuries or slight physical
injuries, mitigating if the offended party is a

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Green Notes 2019
relative of a lower degree; and aggravating if
the offended party is a relative of a higher
degree of the offender.
Relationship is aggravating in the following cases:
(1) In crimes against persons
It is aggravating where:
• The offended party is a relative of a higher
degree than the offender; or
• When the offender and the offended party are
relatives of the same level (e.g. Brothers)
In physical injuries:
A. It is aggravating when the crime against
persons is serious physical injuries [Art. 263],
even if the offended party is a descendant of
the offender. But the serious physical injuries
must not be inflicted by a parent upon his
child as excessive chastisement.
B. It is aggravating when the offense committed
is less serious physical injuries or slight
physical injuries, if the offended party is a
relative of a higher degree of the offender.
o When the crime is homicide or murder,
relationship is aggravating even if the
victim of the crime is a relative of a
lower degree.
o In rape, relationship is aggravating
where a stepfather raped his
stepdaughter or in a case where a
father raped his own daughter.
(2) In crimes against chastity, like acts or lasciviousness
[Art. 336], relationship is always aggravating,
regardless of whether the offender is a relative of a
higher or lower degree of the offended party.
• When the qualification given to the crime is
derived from the relationship between the
offender and the offended party, it is neither
mitigating nor aggravating, because it is
inseparable from and inherent in the offense.
(e.g. parricide, adultery, and concubinage).
• The relationship always qualifies the crime
first; thus, other aggravating circumstances,
generic or qualifying, are given the effect of
ordinary aggravating circumstance.
When intoxication is mitigating and when it is
aggravating:
Mitigating Aggravating
If intoxication is not If intoxication is habitual
habitual
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If the offender did not use If the offender did use
intoxication as a stimulant intoxication as a stimulant
to commit a crime or to commit a crime or
suffocate any remorse. suffocate any remorse.
To be entitled to the mitigating circumstance of
intoxication, it must be shown:
(1) That at the time of the commission of the criminal
act, the accused has taken such quantity of alcoholic
drinks as to blur his reason and deprive him of a
certain degree of control; and
(2) That such intoxication is neither habitual nor used a
stimulant to commit the felony or suffocate remorse.
Habitual drunkard, defined
One given to intoxication by excessive use of intoxicating
drinks.
• To be mitigating, the accused’s state of intoxication
must be proved. Once intoxication is established by
satisfactory evidence, in the absence of proof to the
contrary, it is presumed to be non-habitual or
unintentional.
Instruction or Education
As an alternative circumstance, it does not only refer to
literacy but more to the level of intelligence of the accused.
• Refers to the lack of sufficient intelligence and
knowledge of the full significance of one’s acts.
• Low degree of instruction and education or its lack
thereof is generally mitigating. High degree of
instruction and education is aggravating only when
the offender took advantage of his learning in
committing the crime.
• In order for lack of education or instruction to be
appreciated as mitigating, the offender must not
have reached the first grade of elementary school.
• The mitigating circumstance of lack of sufficient
instruction cannot be justified if accused is a city
resident and even knows how to sign his name.
General Rule: Lack of sufficient education is mitigating.
Exceptions:
(1) Crimes against property
(2) Crimes against chastity;
(3) Treason
(4) Murder; and
(5) Rape.
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 Green Notes 2019 Criminal Law

ABSOLUTORY CAUSES The means of committing The law enforcer

the crime originates from conceives the commission
ABSOLUTORY CAUSES, DEFINED the mind of the criminal. of the crime and suggests
Causes which, for reasons of public policy and sentiment, to the accused who adopts
prevent penalty from being imposed for an act which the idea and carries it into
would ordinarily result in criminal liability. execution.

Examples of absolutory causes: Not a bar to the It will result in the

(1) Spontaneous desistance [Art.6] prosecution and acquittal of the accused.
(2) Attempted or frustrated light felonies [Art.7] conviction of the
(3) Accessories who are exempt from criminal liability lawbreaker.
by reason or relationship [Art. 20] and in light
felonies
(4) Slight of less nervous physical injuries inflicted
under exceptional circumstances [Art. 247]
PERSONS LIABLE AND DEGREE OF
(5) Person exempt from criminal liability for theft, PARTICIPATION
swindling and malicious mischief [Art. 332]
(6) Instigation PRINCIPALS, ACCOMPLICES, AND
(7) Trespass to dwelling when the purpose of entering
ACCESSORIES
another’s dwelling against the latter’s will is to
prevent some serious harm to himself, the
For grave and less grave felonies
occupants of the dwelling or a third person, or for
(1) Principal
the purpose of rendering some service to humanity
(2) Accomplices
or justice, or when entering cafes, taverns, inns
(3) Accessories
and other public houses, while the same are open
[Art. 280, par. 2]
For light felonies:
(8) Marriage of the offender and the offended party in
(1) Principal
cases of seduction, abduction, acts of
(2) Accomplices
lasciviousness and rape [Art. 344)
(9) Adultery and concubinage if the offended party
Rules relative to light felonies:
shall have consented or pardoned the offenders.
(1) Light felonies are punishable only when they
[Art. 344]
have been consummated. (Art. 7, RPC)
(10) Legal Ground for arbitrary detention. [Art. 124]
(2) But when light felonies are committed against
persons or property, they are punishable even if
• Entrapment is NOT an absolutory cause. they are only in the attempted or frustrated
• A buy-bust operation conducted in connection with stage of execution. (Art. 7, RPC)
illegal drug-related offenses is a form of entrapment. (3) Only principals and accomplices are liable for
• If the one who made the instigation is a private light felonies. (Art. 16, RPC)
individual, not performing public function, both he and (4) Accessories are not liable for light felonies, even
the one induced are criminally liable for the crime if they are committed against persons or
committed: the former, as principal by induction; and property.([Art. 16, RPC)
the latter, as principal by direct participation.
• There is neither instigation nor entrapment when the SUBJECTS OF CRIMES
violation of the law is simply discovered.
(1) Active subject (the criminal)
Art. 16 enumerates the active subjects of the crime –
Entrapment Instigation
a. Principals — liable for grave, less grave and
light felonies
Measures are resorted to Instigator induces the
b. Accomplices — liable for grave, less grave and
for the capture of would-be accused to
light felonies
lawbreaker in the commit the crime, hence
c. Accessories — liable only for grave or less
execution of his criminal he becomes a co-principal
grave felonies
plan

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Green Notes 2019 Criminal Law

Only natural persons can be the active subject of the (2) Parricide
crime because of the highly personal nature of the (3) Murder
criminal. (4) Attempt to take the life of the
As a rule, juridical persons cannot be held criminally Chief Executive
liable, though they may be subject to fines under the (5) Known to be habitually guilty
appropriate laws. (Aquino) of some other crime

(2) Passive subject (the injured party) PRINCIPALS

The passive subject of the crime is the holder of the
Principal by Principal by Principal by
injured right, these may be the following injured
Direct Inducement Indispensable
persons —
a. Natural person Participation Cooperation
b. Juridical person
Those who take Those who Those who
c. State
a direct part in directly force or cooperate in the
the execution of induce others to commission of
IMPORTANCE OF CLASSIFYING THE PERSONS
the act. commit it. the offense by
CRIMINALLY LIABLE
another act
It is important only if the rule on collective criminal liability
without which it
does NOT apply. Meaning conspiracy as a means to
would not have
commit the crime is NOT proved. Their degree of criminal
been
participation (whether they are principals, accomplices or
accomplished.
accessories) is important to determine the property
penalty to be imposed.
PRINCIPAL BY DIRECT PARTICIPATION
PERSONS CRIMINALLY LIABLE Requisites:
PRINCIPALS (1) That they participated in the criminal resolution;
They are persons who either — • It is well-settled that a person maybe convicted
1. Take a direct part in the execution of the act for the criminal acts of another when there has
2. Directly force or induce others to commit it been conspiracy or unity of purpose and,
3. Cooperate in the commission of the offense by intention in the commission of the crime
another act without which it would not have charged between them.
been accomplished • To be a party to a conspiracy, one must have
ACCOMPLICES the intention to participate in the criminal
They are persons who are not principals but cooperate transaction with a view to the furtherance of
in the execution of the offense by previous or the common design and purpose. [Reyes]
simultaneous acts • Conspiracy may be express or implied.
ACCESSORIES
1. They have knowledge of the commission of the Doctrine of implied conspiracy
crime but did not participated therein either as If it is proved that two or more persons aimed, by
principals or accomplices their acts, at the accomplishment of the same
2. They merely take part subsequent to its unlawful object, each doing a part so that their
commission in any of the following manners — acts, though apparently independent, were in fact
a. By profiting themselves or assisting the connected and cooperative, indicating a closeness
offender to profit by the effects of the crime of personal association and concurrence of
b. By concealing or destroying the body of the sentiment, a conspiracy may be inferred though no
crime, or the effects or instruments thereof, actual meeting among them to concert ways and
in order to prevent its discovery means is proved.
c. By harboring, concealing, or assisting in the
escape of the principals of the crime, • Direct participation is necessary.
provided the accessory either — Exception: Persons not in the scene of the
i. Acts with abuse of his public functions, crime (i.e. leaders, masterminds, prime
ii. Whenever the author of the crime is movers)
guilty of any of the ff. —
(1) Treason
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Green Notes 2019
• Formal agreement or previous acquaintance
between persons is not necessary in
conspiracy.
• In cases of implied conspiracy, the liability of a
conspirator for acts performed by his co-
conspirators before he joined the conspiracy
depends on the nature of those acts, thus:
o If the anterior acts were the beginning of
a felony which was consummated after
he joined the conspiracy, he is liable for
these anterior acts; and
o If those prior acts were separate felonies
and unilateral to those committed after
his joining the conspiracy, he is not liable
for hose preceding acts.
• In the absence of conspiracy, each of the
accused is responsible only for the
consequences of his acts.
• Conspiracy is presumed when crime is
committed by a band.
• Conspiracy does not presuppose evident
premeditation.
• A conspirator is not liable for another’s crime
when it is neither an object of the conspiracy
nor a necessary and logical consequence
thereof. [Art. 4]
Exception: Robbery by a band [Art. 296]
Exception to the exception: If it is shown that
he attempted to prevent the occurrence of the
act that is not an object to the conspiracy.
• When there is conspiracy, the fact that an
element of the offense is not present as regards
one of the conspirators is immaterial.
Exception: Art. 62(3) and (4). (i.e. relationship,
treachery, etc.) – Aggravating circumstances
which are purely personal to one would not
affect the others.
(2) That they carried out their plan and personally
took part in its execution by acts which directly
tended to the same end.
NOTE:When the second requisite is lacking, there
is only conspiracy.
General Rule: The principal must be at the scene
of the crime, personally taking part in its
execution.
Exceptions:
(1) Leaders
(2) Masterminds
(3) Prime movers
(4) Co-conspirators who has already
performed their part of the crime.
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In conspiracy by prior agreement, the principal by
direct participation who does not appear at the
scene of the crime is NOT liable because:
(1) His non-appearance is deemed desistance
which is favored and encouraged.
(2) Conspiracy is generally not a crime unless
the law specifically provides a penalty
therefore. (Art 8) Thus, by merely
conspiring, they would be participator has
not yet committed any crime unless he
would appear at the scene of the crime and
perform any act directly or indirectly in the
accomplishment of the conspiracy.
(3) There is no basis for criminal liability
because there is no criminal participation.
“Personally took part in its execution” meaning
That the principal by direct participation must be at
the scene of the commission of the crime, personally
taking part in its execution except when there is
conspiracy and the principal by direct participation
has already performed his part prior to the actual
commission of the crime.
PRINCIPAL BY INDUCEMENT
Requisites:
(1) That the inducement be made directly with the
intention of procuring the commission of the
crime; and
(2) That such inducement is the determining cause of
the commission of the crime by the material
executor.
One cannot be held guilty of having instigated the
commission of the crime without first being shown that
the crime was actually directly committed (or attempt) by
another.
Thus, there can be NO principal by inducement (or by
indispensable cooperation) unless there is a principal by
direct participation. But there can be a principal by direct
participation without a principal by inducement (or by
indispensable cooperation).
This inducement must be the determining cause of the
commission of the crime by the principal by direct
participation; without such inducement, the crime would
not have been committed.
The inducement must precede the act and must be so
influential; hence if there is a price or reward involved,
without prior promise, there can be no inducement.
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Green Notes 2019
If the crime committed is not contemplated in the order
given, inducement is not material and not the determining
cause thereof.
Two ways of becoming a principal by Inducement:
(1) By directly forcing another to commit a crime by:
(1) Using irresistible force.
Irresistible Force, defined
Such physical force as would produce an
effect upon the individual that in spite of all
resistance, it reduces him to a mere
instrument.
(2) Causing uncontrollable fear.
Uncontrollable Fear, defined
Compulsion by means of intimidation or
threat that promises an evil of such gravity
and eminence that the ordinary man would
have succumbed to it.
In these cases, there is no conspiracy, not
even a unity of criminal purpose and
intention. Only the one using the force or
causing the fear is criminally liable. The
material executor is not criminally liable
because of Art. 12, pars. 5 and 6 (exempting
circumstances).
(2) By directly inducing another to commit a crime by:
(1) Giving of price, or offering of reward or
promise.
The one giving the price or offering the reward
or promise is a principal by inducement while
the one committing the crime in consideration
thereof is a principal by direct participation.
There is collective criminal responsibility.
(2) Using words of command
The person who used the words of command is
a principal by inducement while the person
who committed the crime because of the
words of command is a principal by direct
participation. There is also collective criminal
responsibility
Requisites:
a. That the one uttering the words of
command must have the intention of
procuring the commission of the crime;
b. That the one who made the command
must have an ascendancy or influence
over the person who acted;
c. The words used must be so direct, so
efficacious, so powerful as to amount to
physical or moral coercion (this
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Criminal Law
requirement does not apply to inducing
another to commit a crime with the
giving or offering of a price, reward or
promise);
d. The words of command must be uttered
prior to the commission of the crime; and
e. The material executor of the crime has
no personal reason to commit the crime.
f. If the person who actually committed the
crime had reason of his own to commit
the crime, it cannot be said that the
inducement was influential in producing
the criminal act.
PRINCIPAL BY OFFENDER WHO MADE
INDUCEMENT PROPOSAL TO COMMIT A
FELONY
In both
There is an inducement to commit a crime
When liable
Becomes liable The mere proposal to commit a
only when the felony is punishable in treason
crime is committed or rebellion. However, the
by the principal by person to whom the proposal is
direct made should not commit the
participation. crime; otherwise, the
proponent becomes a principal
by inducement.
What kind of crime involved
Involves any crime The proposal to be punishable
must involve only treason,
rebellion, insurrection or coup
d’ etat
Effects of acquittal of principal by direct participation
upon liability of principal by inducement:
(1) Conspiracy is negated by the acquittal of co-
defendant.
(2) One cannot be held guilty of having instigated the
commission of a crime without first being shown that
the crime has been actually committed by another.
NOTE: If the one charged as principal by direct
participation is acquitted because he acted without
criminal intent or malice, his acquittal is not a ground for
the acquittal of the principal by inducement.
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Green Notes 2019
PRINCIPAL BY INDISPENSABLE COOPERATION
Requisites:
a. Participation in the criminal resolution, that is,
there is either prior conspiracy or unity of criminal
purpose and intention immediately before the
commission of the crime charged; and
• Requires participation in the criminal
resolution
• There must be conspiracy
• Concurrence is sufficient.
• Cooperation is indispensable.
b. Cooperation in the commission of the offense by
performing another act without which it would not
have been accomplished.
• Cooperation must be indispensable.
• If dispensable, accused is only an accomplice.
• If cooperation is necessary in the execution of
the offense, accused is considered as a
principal by direct participation.
The term “cooperation in the commission of the offense,”
involves acting with the desires or wishes of the Principal
by Direct Participation.
Collective criminal responsibility
This is present when the offenders are criminally liable in
the same manner and to the same extent. The penalty to
be imposed must be the same for all.
• Principal by direct participation have collective
criminal responsibility.
• Principals by induction, except those who directly
forced another to commit a crime, and principals by
direct participation have collective criminal
responsibility.
• Principals by indispensable cooperation have
collective criminal responsibilities with the principal
by direct participation.
Individual criminal responsibility
In the absence of any previous conspiracy, unity of
criminal purpose and intention immediately before the
commission of the crime, or community of criminal design,
the criminal responsibility arising from different acts
directed against one and the same person is individual and
not collective, and each of the participants is liable only for
the act committed by him.
ACCOMPLICES
ACCOMPLICES; DEFINED
Persons who, not acting as principals, cooperate in the
execution of the offense by previous and simultaneous
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Criminal Law
acts, which are not indispensable to the commission of the
crime (Art. 18, RPC).
They act as mere instruments who perform acts not
essential to the perpetration of the offense.
Requisites:
a. That there be community of design; that is,
knowing the criminal design of the principal by
direct participation, he concurs with the latter’s
purpose;
b. That he cooperates in the execution of the offense
by previous or simultaneous acts, with the
intention of supplying material or moral aid in the
execution of the crime in an efficacious manner;
and
c. That there be a relation between the acts done by
the principal and those attributed to the person
charged as an accomplice.
NOTE: An accomplice is not in conspiracy with the
principal by direct participation; otherwise, he becomes a
co-principal.
An accomplice acquires knowledge of the criminal design
of the principal when:
(1) The principal informs or tells the accomplice of the
former’s criminal purpose.
(2) The accomplice sees the criminal acts of the
principal.
The community of design need not be to commit the crime
actually committed. It is sufficient if there was a common
purpose to commit a particular crime and that the crime
actually committed was a natural and probable
consequence of the intended crimes.
Previous or simultaneous acts can be through oral support
or moral aid through advice, encouragement, or
agreement, provided that is it not the determining cause
of the commission of the crime of the principals.
Where the accused acted in a dispensable manner,
jurisprudence has held them liable as accomplices, even if
they were co-conspirators, in view of the rule in favor of
“milder liability.”
Before there could be an accomplice, there must be a
principal by direct participation.
One can be an accomplice even if he did not know of the
actual specific crime intended to be committed by the
principal, provided he was aware that the objective of the
acts he was tasked to do was illicit.
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Green Notes 2019 Criminal Law

principal. If he took it without the

The person charged as an accomplice should not have consent of the principal, he is not an
inflicted a mortal wound. If he inflicted a mortal wound, he accessory but a principal of the crime
becomes a principal by direct participation. of theft.
(2) Knowledge of the commission of the
In case of doubt, the participation of the offender will be crime after acquisition of stolen
considered that of an accomplice rather than of a principal. property is sufficient.
(3) Mere suspicion that a crime has been
ACCOMPLICE CONSPIRATOR committed is not enough.

They know and agree with the criminal design. B. By concealing or destroying the body, effects
They come to know about the They come to know or instruments of the crime to prevent its
same after the principals the criminal intention discovery;
have reached the decision, because they “Body of the crime” is equivalent to corpus
and only then do they agree themselves have delicti.
to cooperate in its execution. decided upon such There must be an attempt to hide the body of
course of action. the crime such as burying the cadaver
They are merely instruments They are the authors and/or concealing or destroying the effects
who perform acts not of a crime. of or the instruments of the crime to prevent
essential to the perpetration its discovery.
of the offense.
Requisites:
ACCOMPLICE PRINCIPAL BY (1) The fact that the crime was committed;
INDISPENSABLE (2) The participation of the offender in the
COOPERATION commission of the crime.
Cooperation must be Cooperation must be • What is concealed is the body of
dispensable. indispensable. the crime, not the accused.
(3) By harboring, concealing, or assisting
Cooperates in the Has participation in
in the escape of the principal of the
execution of the offense by the criminal
crime, provided the accessory acts
previous or simultaneous resolution, that is,
with abuse of his public functions or
acts, with the intention of there is either anterior
whenever the author of the crime is
supplying material or moral conspiracy or unity of
guilty of treason, parricide, murder, or
aid in the execution of the criminal purpose and
an attempt to take the life of the Chief
crime in an efficacious way. intention immediately
Executive, or is known to be habitually
before the
guilty of some other crime (Art. 19, RPC)
commission of the
crime charged.
Two classes of accessories contemplated in paragraph 3
There must be no There must be
conspiracy between conspiracy between of Art. 19:
principals and accomplices. the principals liable (1) Public officers, who harbor, conceal or assist in the
escape of the principal of any crime (not light felony)
with abuse of his public functions.
ACCESSORIES
Requisites:
a. The accessory is a public officer;
Persons who:
b. He harbors, conceal, or assist in the escape
(1) Having knowledge of the commission of the crime;
of the principal;
(2) Without having participated therein either as
c. The public officer acts with abuse of his
principals or accomplices, take part subsequent to
public functions; and
its commission in any of the following acts:
d. The crime committed by the principal is any
A. By profiting them or assisting the offender to
crime, provided it is not a light felony.
profit by the effects of the crime;
(1) In profiting through the effect of the
(2) Private persons, who harbor, conceal or assist in the
crime, the accessory must receive the
escape of the author of the crime who is guilty of
property from the principal. He should
treason, parricide, murder, or attempts against the
not take it without the consent of the
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Green Notes 2019 Criminal Law

life of the Chief Executive (President), or who is ART. 19. RPC P.D. 1829
known to be habitually guilty of some other crime. (OBSTRUCTION OF
Requisites: JUSTICE)
a. The accessory is a private person; The principal who was The person who was
b. He harbors, conceal or assists in the escape assisted committed only assisted committed any
of the author of the crime; and The crime any of the enumerated crime.
committed by the principal is either: (TPMa) felonies unless the
A. Treason; accessory is a public
B. Parricide; officer who acts with
C. Murder; abuse of public functions.
D. An attempt against the life of the The crime committed by The crime committed by
President; the principal must be the principal is punishable
under the RPC. under any existing penal
OR that the principal is known to be law, including the RPC.
habitually guilty of some other crime. The person who gave The person who gave
assistance is punished as assistance is punished as a
c. Where the alleged principal is acquitted due an accessory in the principal in the crime of
to insufficiency of evidence as to the corpus offense committed by the obstruction of justice.
delicti of the crime, it is neither proper nor principal.
possible to convict the defendant as an
accessory. Art. 20, RPC – Accessories exempt from liability
The exemption provided for in this article is based on the
General Rule: The responsibility of the accessory is ties of blood and the preservation of the cleanliness of
subordinate to that of the principal in a crime. one’s name, which compels one to conceal crimes
• HOWEVER, conviction of an accessory is possible committed by relatives so near as those mentioned in this
notwithstanding the acquittal of the principal, if the article.
crime was in fact committed, but the principal was
not held liable, because of an exempting An accessory is exempt from criminal liability when the
circumstance [Art. 12], such as insanity or minority. principal is his/her – (SADL)
• Neither the letter nor the print of the law requires (1) Spouse, or
that the principal be convicted before one may be (2) Ascendant, or
punished as an accessory. As long as the corpus (3) Descendant, or
delicti is proven and the accessory’s participation as (4) Legitimate, natural or adopted brother, sister or
such is shown, he can be held criminally responsible relative by affinity within the same degree.
and meted out the corresponding penalty.
• The prescribed acts of the accessory under par. 2 Accessory is NOT exempt from criminal liability even if
must have been intended to prevent the discovery of the principal is related to him, if such accessory:
the crime; hence, mere silence is NOT punishable. (1) Profited by the effects of the crime, or
(2) Assisted the offender to profit by the effects of the
Exceptions: crime.
a. if, however, the crime involved is conspiracy to The public officer contemplated in par. 3 of Art. 19 is
commit treason, his silence may hold him liable exempt by reason of relationship to the principal, even if
for misprision of treason [Art. 116] but as a such public officer acted with abuse of this official
principal thereof. functions.
b. Committing the acts of knowingly concealing evil
practices as enumerated in Art. 142 makes the NOTE: The benefits of the exception in Art. 20 do not
accomplice also punishable as a principal in apply to P.D. 1829.
inciting to Sedition [Art. 142].
c. Where the accused misleads the authorities by
giving them false information, such act is
equivalent to concealment and he should be held
as an accessory.

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Green Notes 2019 Criminal Law

CONSPIRACY AND PROPOSAL General Rule: When conspiracy is established, all who
participated therein, irrespective of the quantity or quality
CONSPIRACY of his participation is liable equally, whether pre-planned
Conspiracy, defined or instantaneous. (People v. Recones)
When two or more persons come to an agreement
concerning the commission of a crime and decide to Exception: Unless one or some of the conspirators
commit it. (Agreement may be oral or written, express or committed some other crime which is not part of the
implied.) intended crime.

Requisites: Exception to the exception: When the act constitutes a

a. That two (2) or more persons came to an “single indivisible offense.”
agreement;
b. That the agreement pertains to a commission of a BAR 1998, 2003
felony; and
c. That the execution of a felony was decided upon. DOCTRINE OF IMPLIED CONSPIRACY
NOTE: There must be participation with a criminal
resolution because simple knowledge thereof by a Conspiracy may be inferred if it is proven that two or
person may only make him liable as an accomplice. more persons aimed their acts towards the
accomplishment of the same unlawful object, each doing
CRIMES PUNISHABLE BY MERE CONSPIRACY a part so that their acts although apparently
UNDER RPC UNDER SPL independent were in fact connected and cooperative,
(1) Treason [Art. 115] (1) Espionage, this indicating a closeness of personal association and a
(2) Rebellion [Art. 136] (2) Highway robbery, concurrence of sentiments.
(3) Insurrection [Art. (3) Illegal association,
136] (4) Selected acts • It is enough that at the time of the commission of the
(4) Coup d’etat [Art. 141] committed under the offense, the offenders acted in concert, each doing
(5) Sedition [Art. 141] Dangers Drugs Act, his part to fulfill their common design.
(6) Monopolies and (5) Arson; and • It must be shown that there is unity of purpose and
combinations in (6) Terrorism under the unity in the execution of the offense.
restraint of trade. Human Security Act.
• A conspiracy must be established by positive and
[Art. 186]
conclusive evidence.

Crimes which are punishable by mere conspiracy: (under PROPOSAL

RPC) Proposal to commit a felony, defined
AS A FELONY AS A MANNER OF INCURRING When a person decides to commit a crime and proposes
CRIMINAL LIABILITY its execution to some other person or persons.

Conspirators should If the conspirators commit it, Requisites:

not actually commit they will be held liable for a. That a person has decided to commit a felony; and
treason, rebellion, treason, and the conspiracy b. That he proposes its execution to some other
etc., it being which they had before person or persons.
sufficient that two committing treason is only a
or more persons manner of incurring criminal RPC specially provides penalty for mere proposal in:
agree and liability, not treated as a separate (TRIC)
decide to commit it. offense. (1) Treason
(2) Rebellion
Felony relates to a Conspiracy is not treated as a (3) Insurrection
crime actually separate offense but used to (4) Coup d’etat
committed. determine the liability of the
offenders. NO criminal proposal when:
(1) The person who proposes is not determined to
In conspiracy, the act of one is
commit the felony;
the act of all.

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 Green Notes 2019
(2) There is no definite, concrete, and formal proposal
but a mere suggestion;
(3) It is not the execution of a felony that is proposed.
• It is not necessary that the person to whom
the proposal is made agrees to commit of any
of the TRIC
• If the proposal is accepted, it becomes
conspiracy.
• The crimes in which conspiracy and proposal
are punishable are against the security of the
State or economic security.
C. PENALTIES
PENALTIES THAT MAY BE IMPOSED AND
RETROACTIVE EFFECT OF PENAL LAWS
PENALTY, DEFINITION
The suffering that is inflicted by the State for the
transgression of a law.
Different juridical conditions of penalty: (P2C3EL)
(1) Must be productive of suffering without however
affecting the integrity of the human personality
(2) Must be commensurate with the offense-different
crime must be punished with different penalties
(3) Must be personal – no one should be punished for the
crime of another
(4) Must be legal – it is the consequence of a judgment
according to law
(5) Must be certain– no one may escape its effect
(6) Must be equal for all
(7) Must be correctional
Three-fold purpose of penalty under RPC:
(1) Retribution or expiation
(2) Correction or reformation
(3) Social defense
Constitutional restriction on penalties
The Constitution directs that “excessive fines shall not be
imposed, nor cruel and unusual punishment inflicted.”
(Sec. 19 [1], Art. 3)
Art. 21, RPC – Imposable penalties
A felony shall be punishable only by the penalty prescribed
by law AT THE TIME OF ITS COMMISSION.
! It has no application to any of the provisions of the
RPC for the reason that, for every felony defined in
the Code, a penalty has been prescribed. [Reyes]
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Criminal Law
! This article can be invoked when a person is being
tried for an act or omission for which no penalty has
been prescribed by law.
Art. 22, RPC – Retroactivity of Penal laws
General Rule: Penal law is applied prospectively.
Exception: When retroactive application will be favorable
to the person guilty of a felony, provided that:
(1) The offender is NOT a habitual criminal (delinquent)
under Art. 62(5);
(2) The new or amendatory law does NOT prohibit its
retroactive application.
Habitual delinquent, defined
A person who, within a period of ten years from the date
of his release or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft, estafa, or
falsification (FRETSeL), is found guilty of any said crimes a
third time or oftener.
Ex post facto law, defined
A law which makes criminal an act which, when
committed, was not a crime.
An ex post facto law is one which:
(1) Makes an innocent act done before the passage of
the law criminal;
(2) Aggravates a crime, or makes it greater than it was,
when committed;
(3) Changes the punishment and inflicts a greater
punishment than that provided by the law annexed
to the crime when committed;
(4) Alters the legal rules of evidence, and authorizes
conviction upon a less or different testimony than
the law required at the time of the commission of the
offense;
(5) Assumes to regulate civil rights and remedies only, in
effect imposing a penalty or deprivation of a right for
something which when done was lawful; and
(6) Deprives a person accused of a crime of some lawful
protection to which he has become entitled, such as
the protection of a former conviction or acquittal, or
a proclamation of amnesty.
If retroactive effect of a new law is favorable to the
defendant, it shall apply to him even if he is:
(1) Presently on trial for the offense;
(2) Has already been sentenced but service of which has
not begun; or
(3) Already serving sentence.
NOTE:
! The exception applies to a law dealing with the
prescription of a crime.
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Green Notes 2019
! The retroactive effect of criminal statutes does
not apply to the culprit’s civil liability, regardless
of it being favorable or unfavorable
! No retroactive effect even when favorable to the
accused if the new law is expressly made
inapplicable to pending actions or existing
causes of action. (Tavera vs. Valdez)
! The provisions of Art. 22 are applicable even to
special laws which provide more favorable
conditions to the accused.
Not applicable to civil liability
The principle that criminal statutes are retroactive so far
as they favor the culprit does not apply to the latter's civil
liability, because the rights of offended persons or
innocent third parties are not within the gift of arbitrary
disposal of the State.
Criminal liability under the repealed law subsists:
(1) When the provisions of the former law are
reenacted; or if the offenses are still punishable in
the repealing penal law;
(2) When the repeal is by implication; or
(3) When there is a repeal of the repealing law, which
revives the prior penal law, unless the language of
the repealing statute provides otherwise.
(4) When there is a saving clause.
NOTE: The new law which increases the civil liability of the
accused cannot be given retroactive effect.
Bar 2011
When the repeal is absolute, the offense ceases to be
criminal. The pending case charging the accused of the
repealed crime is to be dismissed.
Note:
No retroactive effect of penal law as regards jurisdiction of
court. The jurisdiction of the court to try a criminal action
is to be determined by the law in force at the time of
instituting the action, not at the time of the commission of
the crime.
Jurisdiction of courts in criminal cases is determined by
the allegations of the complaint or informant, and not by
the findings the court may make after trial. (People vs.
Romualdo, 87 Phil. 641, 642)
Art. 23, RPC – Effect of pardon by offended party
General Rule: Pardon by the offended party does NOT
extinguish the criminal liability of the offender.
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Criminal Law
In criminal cases, the intervention of the aggrieved
parties is limited to being witnesses for the
prosecution
Compromise upon the civil liability arising from an
offense may be had; but such compromise shall not
extinguish the public action for the imposition of the
legal penalty. (Art. 2034, Civil Code)
A contract stipulating for the renunciation of the
right to prosecute an offense or waiving the criminal
liability is VOID. [Arts. 1306, 1352, 1409, Civil Code]
Exception: Pardon by the offended party will bar criminal
prosecution in the following crimes:
! Adultery and Concubinage [Art. 344, RPC]
! EXPRESS or IMPLIED pardon must be given by
offended party to BOTH offenders.
! Pardon must be given PRIOR to institution of
criminal action.
! Seduction, Abduction, Acts of Lasciviousness [Art.
344, RPC]
Note: The pardon by the parents, standing alone, is
inefficacious. Similarly, the express pardon of a
person guilty of attempted abduction of a minor,
granted by the latter’s parents, is not sufficient to
remove criminal responsibility, but must be
accompanied by the express pardon of the girl
herself. (People vs. Lacson, [ICA] 55 OG 9460)
! Pardon must be given PRIOR to the institution of the
criminal action.
Exception: However, marriage between the offender
and the offended party EVEN AFTER the institution
of the criminal action or conviction of the offender
will extinguish the criminal action or remit the
penalty already imposed against the offender, his co-
principals, accomplices, and accessories after the
fact.
Note: Not applicable in rape, where there are two or
more principals involved and in case of multiple rape.
! Rape (as amended by R.A. 8353)
The subsequent valid marriage between the offender
and the offended party shall extinguish criminal
liability or the penalty imposed. In case the legal
husband is the offender, subsequent forgiveness by
the wife as offended party shall also produce the
same effect.
Pardon by the offended party under Art. 344 is ONLY
A BAR to criminal prosecution; it is NOT a ground for
extinguishment of criminal liability.
CIVIL LIABILITY may be extinguished by the
EXPRESS WAIVER of the offended party.
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Green Notes 2019
Art. 24, RPC – Measures of prevention or safety which
are not considered penalties
The following are NOT considered as penalties:
(1) Arrest and temporary detention of accused
persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
confinement in a hospital.
(2) The commitment of a minor to any the institution
mentioned in Art. 80 (now Art 192, PD No. 603) and
for purposes specified therein.
(3) Suspension from the employment or public office
during the trial or order to institute proceedings.
(4) Fines and other corrective measures which, in the
exercise of their administrative or disciplinary
powers, superior official may impose upon their
subordinates.
(5) Deprivation of right and the reparations which the
civil law may establish in penal form. [Art. 24, RPC]
Reasons why they are NOT penalties:
! They are not imposed as a result of judicial
proceedings. Those mentioned in paragraphs 1, 3 and
4 are merely preventive measures before conviction
of offenders.
! The offender is not subjected to or made to suffer
these measures in expiation of or as punishment for a
crime.
! Par. 1 does not refer to the confinement of an insane
or imbecile who has not been arrested for a crime it
refers to accused persons” who are detained by
reason of insanity or imbecility.
! Paragraphs 3 and 4 refer to administrative suspension
and administrative fines and not suspension or fine as
penalties for violations of the RPC.
! The deprivation of rights established in penal form by
the civil laws is illustrated in the case of parents who
are deprived of their parental authority if found guilty
of the crime of corruption of their minor children, in
accordance with Art. 332 of the Civil Code.
! Where a minor offender was committed to a
reformatory pursuant to Art. 80 (now, PD 603), and
while thus detained he commits a crime therein, he
cannot be considered a quasi-recidivist since his
detention was only a preventive measure, whereas
quasi-recidivism presupposes the commission of a
crime during the service of the penalty for a previous
crime.
Art. 26, RPC – Fines; classified
Fine is:
(1) Afflictive – over P6,000.00
(2) Correctional – P200.00 to P6,000.00
(3) Light penalty – less than P200.00
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Criminal Law
! Same basis may be applied by analogy to bond to keep
the peace
! These articles determine the classification of a fine
whether imposed as a single or as an alternative
penalty for a crime.
! Where the fine in question is exactly P200, under Art.
9 it is a light felony, whereas under Art. 26 it is a
correctional penalty, hence the offense involved is a
less grave felony. It has been held that this
discrepancy should be resolved liberally in favor of
the accused, hence Art. 9 prevail over Art. 26. (People
vs. Yu Hai)
Note: In determining the prescription of crimes, apply
Art. 9 (P200 fine is light felony). In determining the
prescription of penalty, apply Art. 26 (P200 fine
prescribes in 10 years).
RA NO. 9346 : AN ACT PROHIBITING THE
IMPOSITION OF DEATH PENALTY IN THE
PHILIPPINES
Sec. 2 of said law provides that in lieu of death penalty,
the following shall be imposed:
(1) The penalty of reclusion perpetua, when the law
violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or
(2) The penalty of life imprisonment, when the law
violated does not make use of the nomenclature of
the penalties of the Revised Penal Code.
Section 3. Persons convicted of offenses punished with
reclusion perpetua, or whose sentences will be reduced
to reclusion perpetua, by reason if this Act shall not be
eligible for parole under Act No. 4103, otherwise known
as the indeterminate sentence law, as amended.
CLASSIFICATION
Art. 25, RPC – Penalties, classified
! The scale in Art. 25 is only a general classification of
penalties based on their severity, nature and subject
matter.
! The scale of penalties in Art. 70 is provided for
successive service of sentences imposed on the same
accused, in consideration of their severity and
natures.
! The scales in Art. 71 are for the purpose of graduating
the penalties by degrees in accordance with the rules
in Art. 61.
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Green Notes 2019 Criminal Law

Classification of penalties under article 25:

(1) Based on their severity or gravity ! Perpetual or temporary absolute disqualification,
A. Capital, perpetual, or temporary special disqualification,
B. Afflictive, and suspension may be principal or accessory
C. Correctional, penalties.
D. Light ! Bond to keep the place is imposed only in the
crime of threats [Art. 284], either grave [Art. 282]
This classification corresponds to the classification of or light threats [Art. 283].
felonies in Art. 9, into grave, less grave and light.

(2) Based on their nature

A. Principal penalties
Those expressly imposed by the court in the
judgment of conviction. It may be further
classified based on divisibility.

DIVISIBLE
Those that have fixed duration and are divisible
into three periods.

INDIVISIBLE
Those which have no fixed duration. These are:
(1) Death
(2) Reclusion perpetua
(3) Perpetual absolute or special
disqualification
(4) Public censure

Reclusion Perpetua Life Imprisonment

Eligible for parole after Not eligible for parole

30 years of after 30 years of
imprisonment imprisonment

Carries accessory Does not carry

penalties with it accessory penalties with
it

Imposed by RPC Imposed by Special Laws

B. Accessory penalties
Those that are deemed included in the principal
penalties.

(3) Based on subject matter

a. Corporal (death).
b. Deprivation of freedom (reclusion perpetua and
temporal, prision mayor and correccional,
arresto mayor and menor).
c. Restriction of freedom (destierro)
d. Deprivation of rights (disqualification and
suspension).
e. Pecuniary (fine)
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Green Notes 2019 Criminal Law

DURATION AND EFFECTS TABLE SHOWING THE DURATION OF DIVISIBLE

PENALTIES AND THE TIME INCLUDED IN EACH OF
THEIR PERIODS

PENALTIES TIME INCLUDED IN TIME INCLUDED IN TIME INCLUDED IN TIME INCLUDED IN

THE PENALTY IN ITS ITS MINIMUM ITS MEDIUM ITS MAXIMUM
ENTIRETY PERIOD PEDIOD PERIOD

From 12 years and 1 day From 12 years and 1 From 14 years, 8 From 17 years, 4
Reclusion temporal to 20 years. day to 14 years and 8 months and 1 day to 17 months and 1 day to
months. years and 4 months. 20 years.

Prision mayor, absolute From 6 years and 1 day From 6 years and 1 From 8 years and 1 day From 10 years and 1
disqualification and to 12 years. day to 8 years. to 10 years. day to 12 years
special temporary
disqualification

From 6 months and 1 From 6 months and 1 From 2 years, 4 From 4 years, 2
day to 6 years. day to 2 years and 4 months and 1 day to 4 months and 1 day to 6
months. years and 2 months. years.
Prision correccional,
suspension and destierro

From 1 month and 1 day From 1 to 2 months. From 2 months and 1 From 4 months and 1
to months. day to 4 months. day to 6 months.
Arresto mayor

From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.

Arresto menor

Art. 27, RPC – Durations
Afflictive Penalties:
Reclusion Perpetua – 20 years and 1 day to 40 years
Reclusion Temporal – 12 years and 1 day to 20 years
Prision Mayor and Temporary Disqualification – 6 years
and 1 day to 12 years except when disqualification is an
accessory penalty, in which case its duration is that of the
principal penalty.
Correctional Penalties:
Prision Correccional, suspension and destierro – 6 months
and 1 days to 6 years except when suspension is an
accessory penalty, in which case its duration is that of the
principal penalty.
Arresto mayor - 1 months and 1 day to 6 months.
Arresto menor - 1 day to 30 days
Bond to keep the peace - The period during which the
bond shall be effective is discretionary on the court.
In what cases is destierro imposed?
(1) Serious physical injuries or death under exceptional
circumstances. [Art. 247]
(2) In case of failure to give bond for good behavior. [Art.
284]
(3) As a penalty for the concubine in concubinage [Art.
334]
(4) In cases where after reducing the penalty by one or
more degrees, destierro is the proper penalty.
Art. 28, RPC - Computation
Rules: (to be done by Director of Prisons or warden)
(1) When the offender is in prison – the duration of
temporary penalties starts from the day the judgment
of conviction becomes final.
Applies in cases of temporary penalties and the
offender is under detention (under preventive
imprisonment)
(2) When the offender is not in prison – the duration of
penalties consisting in deprivation of liberty, starts
from the day that the offender is placed at the
disposal of judicial authorities for the enforcement of
the penalty.
Applies in cases of penalties consisting in deprivation
of liberty and the offender is not in prison.

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Green Notes 2019
(3) The duration of other penalties – the duration starts
from the day on which the offender commences to
serve his sentence. Applies in cases of:
Penalties consisting in deprivation of liberty and the
offender are undergoing preventive imprisonment; but the
offender is entitled to a deduction of the entirety of the
time spent in detention (should the detention prisoner
agree, in writing and with counsel, to abide by the same
disciplinary rules imposed upon convicted prisoners) or
4/5ths of the time of his detention (should the detention
prisoner not agree to the same, also in writing and with
counsel).
Temporary penalties and the offender is not under
detention because the offender is released on bail.
Art. 29, RPC – Deduction/Credit of Detention period
BAR 1994
Preventive Imprisonment
Period of detention undergone by an accused where the
crime with which he is charged is non-bailable or, even if
bailable, he is unable to post the requisite bail:
! These rules on preventive imprisonment apply to
all sentences regardless of the duration thereof,
including the so-called perpetual penalties as
long as they involve deprivation of liberty.
BAR 1994
When is the detention prisoner entitled to the full credit
of his preventive imprisonment?
If the detention prisoner agrees voluntarily in writing and
with counsel to abide by the same disciplinary rules
imposed upon convicted prisoners.
When will he be credited only four-fifths (4/5) the time
during which he has undergone preventive
imprisonment?
If the detention prisoner does not agree to abide by the
same disciplinary rules imposed upon convicted prisoners.
Said disagreement shall also be in writing and be made with
the assistance of counsel.
! In the case of a youthful offender who has been
proceeded against under the Child and Youth
Welfare Code, he shall be credited in the service
of his sentence with the full time of his actual
detention, whether or not he agreed to abide by
the same disciplinary rules of the institution.
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Criminal Law
The following offenders are NOT entitled to be credited
with the full time or four-fifths of the time of preventive
imprisonment:
Recidivists or those convicted previously twice or more
times of any crime (reiteracion of 2 or more light felonies).
NOTE: Includes habitual delinquents.
Those who, upon being summoned for the execution of
their sentence, failed to surrender voluntarily.
Refers to convicts who failed to voluntarily surrender
to serve their penalties under a final judgment, since
this is indicative of a greater defiance of authority.
! The accused shall be released immediately
whenever he has undergone preventive
imprisonment for a period equal to or more than
the possible maximum imprisonment for the
offense charged.
! The convict shall also be released immediately if
the penalty imposed after trial is less than the full
or 4/5ths of his preventive imprisonment, provided
that the same is credited.
Art. 30, RPC – Absolute/Temporary Disqualification;
effects
Disqualification is the withholding of a privilege, not a
denial of right – a restriction upon the right of suffrage or
to hold office.
Absolute disqualification; defined
A disqualification to enter public offices and employments,
the right to vote for any popular office, the right to be
elected to such office.
Perpetual absolute disqualification; defined
An absolute disqualification effective during the lifetime of
the convict and even after the service of the sentence.
Temporary absolute disqualification; defined
An absolute disqualification which lasts during the term of
the sentence, and is removed after the service of the same.
! A plebiscite is NOT mentioned or contemplated in Art.
30, par. 2 (deprivation of the right to vote), hence, the
offender may vote in that exercise, subject to the
provisions of pertinent election laws at the time.
Art. 31 & 32, RPC – Special Disqualification; effects
Special Disqualification deprives the offender
perpetually or during the term of the sentence of:
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Green Notes 2019 Criminal Law

(1) The right to vote in any popular election for any

public office, or (2) It shall not exempt the culprit from the payment of
(2) To be elected to such office. the civil liability.
Acceptance of pardon shall not operate as an
abandonment of appeal or waiver of the appeal.
BAR 2011

It does not deprive the offender of the right to vote in a Limitations upon the exercise of the pardoning power:
plebiscite. That the power can be exercised only after conviction “by
final judgment”;
That such power does not extend to cases of
Art. 33 & 34, RPC – Civil Interdiction; effects
impeachment;
No pardon, amnesty, parole or suspension of sentence for
Civil interdiction deprives the offender of:
violation of election laws, rules, and regulation shall be
! The right of parental authority or guardianship of
granted by the president without the favorable
any ward (person or property);
recommendation of the COMELEC.
! Marital authority;
! The right to manage his property and of the right to
General Rule: When the principal penalty is remitted by
dispose of such property by any act or any
pardon, only the effect of that principal penalty is
conveyance inter vivos.
extinguished, but not the accessory penalties attached to
But he can dispose of such property by will or donation
it.
mortis causa.
Exception: When an absolute pardon is granted, it
removes all the consequences of conviction, and it takes
Civil interdiction is imposed when the penalty is:
effect even after the term of imprisonment has expired.
(1)Death which is not carried out;
(2)Reclusion perpetua; or
PARDON BY THE CHIEF PARDON BY THE
(3)Reclusion temporal.
EXECUTIVE [ART. 36] OFFENDED PARTY
Art. 35, RPC – Bond to keep the peace; effects [ART. 23]
As to the crime covered
Effects of bond to keep the peace Can extend to any crime, Applies only to crimes
unless otherwise provided against chastity under the
! The offender must present two sufficient sureties
by or subject to RPC and marital rape.
who shall undertake that the offender will not
conditions in the
commit the offense sought to be prevented, and that
Constitution or the laws.
in case such offense be committed they will pay the
amount determined by the court; or As to the effect on civil liability
! The offender must deposit such amount with the Cannot affect the civil The offended party can
clerk of court to guarantee said undertaking; or liability ex delicto of the waive the civil liability.
offender.
! The offender may be detained, if he cannot give the
As to extinguishment of criminal liability
bond, for a period not to exceed 6 months if
prosecuted for a grave or less grave felony, or for a Extinguishes criminal Does NOT extinguish
period not to exceed 30 days, if for a light felony. liability. criminal liability.
Although it may
! Bond to keep the peace is different from bail bond
constitute a bar to the
which is posted for the provisional release of a
prosecution of the
person arrested for or accused of a crime
offender in seduction,
! Imposed as a penalty in threats [Art. 284].
abduction and acts of
lasciviousness by the valid
Art. 36, RPC – Pardon; effects
marriage of the victim and
the offender, and in
Effects of pardon by the president: adultery and
(1) A pardon shall not restore the right to hold public concubinage, by the
office or the right of suffrage. express or implied pardon
Exception: When any or both such rights is or are by the offended spouses.
expressly restored by the terms of the pardon. When granted
(Absolute or conditional)
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Can be extended only Can be validly granted Degree of the criminal participation of the offender
after conviction by final only before the institution (whether as principal, accomplice or accessory).
judgment of the accused. of the criminal action
To whom granted (2) By periods - Refers to the proper period of the
To any or all of the In seduction, abduction penalty which should be imposed when aggravating
accused. and acts of lasciviousness, or mitigating circumstances attend the commission
it benefits the co - of the crime.
principals, accomplices
and accessories. SUSPENSION OF THE DEATH PENALTY
Section 19 (1), Article III of the 1987 Constitution provides
In adultery and that:
concubinage, it must “Excessive fines shall not be imposed, nor cruel,
include both offenders. degrading or inhuman punishment inflicted. Neither
As to whether it can be conditional shall death penalty be imposed, unless for compelling
May be absolute or Can be validly granted reasons involving heinous crimes, the Congress
conditional. only before the institution hereafter provides for it. Any death penalty already
of the criminal action imposed shall be reduced to reclusion perpetua.”
A reading of said Section will readily show that there is
Art. 37, RPC – Costs or costs of suit; defined really nothing therein which expressly declares the
abolition of death penalty. The 1987 Constitution merely
These are the expenses of litigation allowed and regulated
suspended the imposition of the death penalty.
by the Rules of Court to be assessed against or to be
recovered by a party in litigation.
R.A. NO. 7659 AND R.A. NO. 9346
The following are included in costs: Republic Act No. 7659 which took effect on December 31,
(1) Fees, and 1993, restored the death penalty for certain heinous
crimes. Republic Act No. 9346 which was enacted on June
(2) Indemnities, in the course of judicial proceedings.
24, 2006 prohibited the imposition of the death penalty,
and provided for the imposition of the penalty of reclusion
Costs are changeable to the accused only in cases of
conviction. In case of acquittal, the costs are de perpetua in lieu of death.
officio, meaning each party bearing their own • In other words, R.A. No. 7659 restored the death
expenses penalty while R.A. No. 9346 prohibited the imposition
No costs shall be allowed against the Republic of the of the death penalty.
Philippines, unless otherwise provided by law. Likewise, no death penalty shall be imposed upon children
The payment of cost is a matter that rests entirely in conflict with law under Sec. 59, R.A. 9344.
upon the discretion of courts.
The court cannot disregard the order of payment. Penalty rules to be imposed upon the principals when the
crime committed is different from that intended
In cases in which the felony committed is different from
APPLICATION that which the offender intended to commit, the following
rules shall be observed:
RPC PROVISIONS If the penalty for the felony committed be higher than the
penalty for the offense which the accused intended to
Art. 46, RPC – Imposable penalties on principals commit, the lower penalty shall be imposed in its
General rule: The penalty prescribed by law in general maximum period.
terms shall be imposed upon the principals for a If the penalty for the felony committed be lower than the
consummated felony. penalty for the offense which the accused intended to
commit, the lower penalty shall be imposed in its
Exception: When the penalty to be imposed upon the
maximum period.
principal in a frustrated or attempted felony is fixed by law.
If the act committed also constitutes an attempt or
frustration of another crime, and the law prescribes a
Graduation of penalties:
higher penalty for either of the latter, the penalty for the
(1) By degrees – refers to:
attempted or frustrated crime shall be imposed in its
Stages of execution (consummated, frustrated, or
maximum period. (Art. 49, RPC)
attempted); and

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ART. 49 APPLIES ONLY WHEN:
(1) There is a mistake in the identity of the victim of the
crime, and the penalty for the crime committed is
different from that for the crime intended to be
committed.
! Article 49 cannot apply to cases involving
aberratio ictus (mistake in blow) or praeter
intentionem (where a more serious consequence
not intended by the offender befalls the same
person).
! However, in error in personae, since only one
crime is produced by the act of the offender,
there could be no complex crime, which
presupposes the commission pf at least two
crimes. It will be noted that only one person was
affected by the single act of the offender; hence,
only one crime was produced. For this reason, it
is Article 49, and not Article 48, that is applicable.
(Reyes, 2012, p. 709)
(1) The intended crime and the crime actually committed
are punished with different penalties. (i.e. qualified by
relationship)
(2) The rules prescribed in paragraphs 1 and 2 of Article
49 contemplate of cases where the intended crime
and the crime actually committed are punished with
different penalties by reason of relationship between
the offender and the offended party, which qualifies
one of the crimes.
If the intended crime and the crime actually
committed are punished with same or equal penalties,
Article 49 is not applicable. (Reyes, 2012, p. 710)
DISTINCTION BETWEEN ARTICLES 48 & 49
Article 49 Article 48
Lesser penalty is imposed, to Penalty for the more or most
be applied in its maximum serious crime shall be
period. imposed, to be applied in its
maximum period.
RULE NO. 3 IN ARTICLE 49
The rule in paragraph 3 of Article 49 is not necessary
because the cases contemplated in that paragraph may
well be covered by Article 48, in view of the fact that the
same act committed by the guilty person, which gives rise
to one crime, also constitute(s) an attempt or a frustration
of another crime. (Reyes, 2012)
Lasallian Commission on Bar Operations
Criminal Law
Note: For Articles 50-57 and 60, refer to Art. 61 herein
provided.
Additional penalties for public officers in section 58 who
are guilty as accessories under paragraph 3 of article 19
Public officers who help the author of the crime by
misusing their office and duties shall suffer the additional
penalties of:
Absolute perpetual disqualification if the principal
offender is guilty of a grave felony;
Absolute temporary disqualification if the principal
offender is guilty of a less grave felony. (Sec. 58)
This article applies only to public officers who abused their
public functions.
The additional penalty prescribed in this article will be
imposed only on those accessories whose participation in
the crime is characterized by the misuse of public office or
authority. This is so because Article 58 says “who should
act with abuse of their public functions.” (Reyes, 2012)
BASIS FOR THE IMPOSITION OF PROPER PENALTY
(1) Social danger; and
(2) Degree of criminality shown by the offender.
RULES FOR THE APPLICATION OF PENALTIES WITH
REGARD TO THE MITIGATING AND AGGRAVATING
CIRCUMSTANCES, AND HABITUAL DELINQUENCY
Effects of the attendance of aggravating or mitigating
circumstances or of habitual delinquency:
Aggravating circumstances (generic and specific) have the
effect of increasing the penalty, without however
exceeding the maximum period provided by law.
Mitigating circumstances have the effect of diminishing
the penalty.
Habitual delinquency has the effect, not only of increasing
the penalty because of recidivism which is generally
implied in habitual delinquency, but also of imposing an
additional penalty.
UNDER PARAGRAPH 1 OF ARTICLE 62:
Aggravating circumstances which (a) in themselves
constitute a crime especially punished by law (e.g. crime
committed by means of fire is not considered aggravating
in arson) or which (b) are included by the law in defining a
crime and prescribing the penalty therefore are not to be
taken into account to increase the penalty (e.g. abuse in
confidence is not qualified theft committed with grave
abuse of confidence).
WHEN MAXIMUM PENALTY IMPOSED
(1) When in the commission of the crime, advantage
was taken by the offender of his public position; or
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(2) If the offense was committed by any person who
belongs to an organized/syndicated crime group
which means a group of two or more persons
collaborating confederating or mutually helping
one another for purpose of gain in the commission
of any crime.
UNDER PARAGRAPH 2 OF ARTICLE 62:
The same rule applies with respect to aggravating
circumstances which are inherent in the crime (e.g.
evident premeditation is inherent in robbery and theft).
UNDER PARAGRAPH 3 OF ARTICLE 62
(1) Aggravating or mitigating circumstances which
arise from the following serve to aggravate or
mitigate the liability of the principals,
accomplices and accessories as to whom such
circumstances are attendant:
(2) The moral attributes of the offender; or
The state of the offender’s minds are different.
Hence, when an offender used evident
premeditation in killing the victim, it should
affect and aggravate only his penalty, while when
the other offender applied passion and
obfuscation in the crime, only he will benefit in
mitigating his liability. (Reyes, 2012, p. 730)
(3) From his private relations from the offended
party;
A, son of B, and C, father of B, inflicted slight
physical injuries on B. In this case, the alternative
circumstance of relationship as aggravating shall
be taken into account against A only, because he
is a relative of a lower degree than the offended
party, B. Relationship is mitigating as regards C,
he being a relative of a higher degree than the
offended party, B. (Reyes, 2012, p. 730)
(4) Or from any other personal cause.
A and B committed a crime. A was under 16 years
of age and B was a recidivist. (Reyes, 2012, p.730)
UNDER PARAGRAPH 4 OF ARTICLE 62:
The circumstances which consist in the following shall
serve to aggravate or mitigate the liability only of those
persons who had knowledge of them at the time of the
execution of the act or their cooperation therein:
Material execution of the act; or
When the offender was present and had knowledge
of the treachery with which the crime was
committed by the other offenders, he is also liable for
murder, qualified by treachery. However, such
circumstance should not be considered against the
principal by induction when he left to the principal
by direct participation the means, modes or methods
of the commission of the felony. (Reyes, 2012, p. 731)
The means employed to accomplish it
When the offender did not know that the other
offender employed an act not known by the former,
such aggravating circumstance is only applicable to
the latter.
NO MITIGATING CIRCUMSTANCE RELATING TO THE
MEANS EMPLOYED IN THE EXECUTION OF THE CRIME
It is impossible to conceive of any mitigating
circumstances which can properly be considered as to one
of the defendants, but is not equally applicable to the
others, even to those who had no knowledge of the same
at the time of the commission of the crime, or their
cooperation therein. (Reyes, 2012, p. 732)
DIFFERENCE BETWEEN:
CIRCUMSTANCE CIRCUMSTANCES
RELATING TO THE CONSISTING IN THE
PERSONS PARTICIPATING MATERIAL EXECUTION OR
IN THE CRIME MEANS EMPLOYED
Do not affect all the Have a direct bearing upon
participants in the crime, the criminal liability of the
but only those to whom defendants who had
they particularly apply. knowledge thereof at the
time of the commission of
the crime, or their
cooperation therein.
UNDER PARAGRAPH 5 OF ARTICLE 62:
Habitual Deliquency, defined
A person is a habitual delinquent if within a period of ten
years from the date of his (last) release or last conviction
of the crimes of (1) serious or less serious physical injuries,
(2) robo, (3) hurto, (4) estafa, or (5) falsificación, he is found
guilty of any of said crimes a third time or oftener.
Requisites of habitual delinquency
(1) That the offender had been convicted of any of the
crimes of:
• Serious or less serious physical injuries,
• Robbery,
• Theft,
• Estafa, or
• Falsification.
Note: The crimes are specified in habitual
delinquency. If not among those enumerated,
offender cannot be a habitual delinquent even if he
was convicted for the third time.

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(2) That after conviction or after serving his sentence, he

again committed, and within 10 years from his last
Habitual Delinquency Recidivism
release of first conviction, he was again convicted of
any of the said crimes for the second time. As to the CRIMES committed

(3) That after his conviction of, or after serving sentence The crimes are specified It is sufficient that the accused
for the second offense, he again committed, and on the date of his trial, shall
within 10 years from his last release or last conviction, have been previously
he was again convicted of any of said offenses, the convicted by final judgment of
third time or oftener. another crime embraced in
the same title.
Computation of ten year period
The law expressly mentions the defendant’s last conviction As to the PERIOD of time the crimes are committed
OR (last) release as the starting point from which the ten-
The offender is found guilty No period of time between the
year period should be counted.
within ten years from his last former conviction and the last
If the starting point is only the date of the last conviction,
release or last conviction. conviction.
there will be a case where the offender cannot be
considered a habitual delinquent.
As to the NUMBER of crimes committed
ADDITIONAL PENALTY FOR HABITUAL DELINQUENCY:
Upon 3rd conviction The accused must be found The second offense is for an
Culprit shall be sentenced to the penalty provided by law guilty the third time or oftener offense found in the same
for the last crime of which he is found guilty and to the of the crimes specified. title.
additional penalty of prision correccional in its medium
and maximum periods. As to their EFFECTS
Upon a 4th conviction
The culprit shall be sentenced to the additional penalty of If not offset by a mitigating If not offset by a mitigating
prision mayor in its minimum and medium periods. circumstance, it serves to circumstance, it serves to
Upon 5th or additional conviction increase the penalty only to increase the penalty only to
The culprit shall be sentenced to the additional penalty of the maximum. AND an the maximum.
prision mayor in its maximum period to reclusion additional penalty is also
temporal in its minimum period. imposed.
NOTE: total of the two penalties [(1) the penalty for the last RULINGS ON HABITUAL DELINQUENCY
crime found guilty and (2) the additional penalty for being ! Ten year period computed either from last conviction
a habitual delinquent]. shall not exceed 30 years. or last release.
! Ten year period is counted not to the date of
Reason for imposing additional penalty commission of subsequent offense, but to the date of
He is deemed to have shown a dangerous propensity to conviction thereof in relation to the date of his last
crimes. Hence, he is punished with a severer penalty for release or last conviction.
committing any of those crimes the third time or oftener. ! When an offender has committed several crimes
mentioned in the definition of habitual delinquent,
Subsequent crime must be committed after conviction without being first convicted of any of them before
of former crime committing the others, he is not a habitual
In order that an accused may be legally deemed a habitual delinquent.
criminal, it is necessary that he committed the second ! Convictions on the same day or about the same time
crime after his conviction of, or after service of the are considered as one only.
sentence for, the first crime; that he committed the third ! Crimes committed on the same date, although
crime after his conviction of, or after the service of convictions on different dates are considered only
sentence for the second crime and so on. (Reyes, 2012) one.
! Previous convictions are considered every time a new
Recidivist, defined offense is committed.
A recidivist is one who at the time of his trial for one crime, ! The commission of any of those crimes need not be
shall have been previously convicted by final judgment of consummated.
another crime embraced in the same title of this Code.
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Green Notes 2019 Criminal Law

! Habitual delinquency applies to accomplices and

One aggravating only Greater Penalty
accessories.
! The imposition of the additional penalty prescribed No mitigating nor Lesser penalty
by law is mandatory.
aggravating
! Modifying circumstances applicable to additional
penalty. One mitigating only Lesser penalty
! Habitual delinquency is not a crime but simply a fact
or circumstance which gives rise to the imposition of Mitigating and aggravating Courts allow them to
additional penalties. offset one another
! Penalty for habitual delinquency is a real penalty that
determines jurisdiction.
! A habitual delinquent is necessarily a recidivist. But a
WHEN ARTICLE 63 NOT APPLIED
convict can be a habitual delinquent without being a
Article 63 does not apply when the penalty prescribed by
recidivist when no two of the crimes committed are
the Code is reclusion temporal in its maximum period to
embraced in the same title of the RPC.
death, because although the penalty includes the two
! But in imposing the additional penalty, recidivism is
indivisible penalties of death and reclusion perpetua, it has
not aggravating because inasmuch as recidivism is a
three periods; namely, the minimum (reclusion temporal
qualifying or inherent circumstance in habitual
maximum), medium (reclusion perpetua) and maximum
delinquency, it cannot be considered an aggravating
(death). Hence, in that case, Article 64 shall apply.
circumstance at the same time. (Reyes, 2012, 739-744)

GENERAL RULE: When the penalty is composed of two

IMPOSABLE PENALTY, DEFINED
indivisible penalties, the penalty cannot be lowered by
The penalty that will be imposed after applying the RPC
one degree, no matter how many ordinary mitigating
and ISL.
circumstances are present.

PRESCRIBED PENALTY, DEFINED

EXCEPTION: When a privileged mitigating circumstance
The penalty prescribed by the RPC after considering the
under Article 68 or Article 69 is present.
mitigating and aggravating circumstances.

WHEN ARTICLE 64 IS APPLIED

OUTLINE OF THE RULES UNDER ARTICLE 63
(1) When the penalty is single indivisible, it shall be applied
regardless of any mitigating (except if privileged
mitigating) or aggravating circumstances.
(2) When the penalty is composed of two indivisible
penalties, the following rules shall be observed:
A. When there is only one aggravating
circumstance, the greater penalty shall be
imposed.
B. When there is neither mitigating nor aggravating
circumstances, the lesser penalty shall be
imposed.
C. When there is a mitigating circumstance and no
aggravating circumstance, the lesser penalty
shall be imposed.
D. When both mitigating and aggravating
circumstances are present, the court shall allow
them to offset one another.
Note: Moral value, not numerical weight, of
circumstances should prevail under (d).
It is applied when the penalty prescribed by law for the
offense is reclusion temporal, prision mayor, prision
correccional, arresto mayor, arresto menor, or prision
correccional to reclusion temporal because they are
divisible into three periods; namely, minimum, medium
and maximum.
WHEN 64 NOT APPLICABLE
It does not apply to (1) indivisible penalties, (2) penalties
prescribed by special laws, and (3) fines.
OUTLINE OF THE RULES
(1) No aggravating and no mitigating
Medium period.
(2) Only mitigating
Minimum period.
(3) Only aggravating
Maximum period.
(4) Where there are aggravating and mitigating
The court shall offset those of one class against the other
according to their relative weight.
5) Two or more mitigating and no aggravating

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Green Notes 2019
Penalty next lower, in the period applicable, according to
the number and nature of such circumstances
(6) If there are three mitigating circumstances but two
aggravating circumstances
The court shall offset those of one class against the other
according to their relative weight.
(7) No penalty greater than the maximum period of the
penalty prescribed by law shall be imposed, no matter how
many aggravating circumstances are present.
(8) The court can determine the extent of the penalty
within the limits of each period, according to the number
and nature of the aggravating and mitigating
circumstances and the greater or lesser extent of the evil
produced by the crime.
MEANING OF THE RULE UNDER ARTICLE 65
Compute and determine the first three periods of the
entire penalty.
The time included in the penalty prescribed should
be divided into three equal portions, after
subtracting the minimum (eliminate the 1 day) of the
given penalty.
The minimum of the minimum period should be the
minimum of the given penalty (including the 1 day).
The quotient should be added to the minimum
prescribed (eliminate the 1 day) and the total will
represent the maximum of the minimum period.
Take the maximum of the minimum period, add 1 day
and make it the minimum of the medium period; then
add the quotient to the minimum (eliminate the 1
day) of the medium period and the total will
represent the maximum of the medium period. Take
the maximum of the medium period, add 1 day and
make it the minimum of the maximum period; then
add the quotient to the minimum (eliminate the 1
day) of the maximum period and the total will
represent the maximum of the maximum period.
OUTLINE OF THE PROVISIONS UNDER ARTICLE 66
(1) The court can fix any amount of the fine within the
limits established by law.
(2) The court must consider:
A. The mitigating and aggravating circumstances;
B. More particularly, the wealth or means of the
culprit.
(3) The court may also consider:
A. The gravity of the crime committed;
B. The heinousness of its perpetration; and
C. The magnitude of its effect on the offender’s
victim. (People vs. Manuel CA-G.R. Nos. 14648-
61-R, July 6, 1957)
Lasallian Commission on Bar Operations
Criminal Law
! When the minimum of the fine is not fixed by law, the
determination of the amount of fine is left to the
sound discretion of the court, provided it shall not
exceed the maximum authorized by law.
! The courts are not bound to divide the amount of fine
prescribed by law into three equal portions as in the
case of imprisonment imposed in relation to a
divisible penalty.
! Wealth or means of culprit is the main consideration
in the imposition of fines because a fixed amount of
fine for all offenders of a particular crime, will result
in an inequality.
! Where a person found guilty is a man of standing or
station in the community, the maximum penalty
should be imposed.
WHEN ARTICLE 67 IS APPLIED
! It applies only when all the requisites of the
exempting circumstance of accident are not present.
The following conditions are necessary to exempt
from liability under Subsection 4 of Article 12:
(1) That the act causing the injury be lawful; that is,
permitted not only by law but also by regulations.
(2) That it be performed with due care;
(3) That the injury be caused by mere accident, by an
unforeseen event.
(4) That there be no fault or intention to cause injury.
! If not all the conditions necessary to exempt from
liability under art 12 (4) are present, the act should be
considered as:
Reckless imprudence if the act is executed
without taking those precautions or measures
which the most common prudence would
require; and
Simple imprudence if it is a mere lack of
precaution in those cases where either the
2threatened harm is not imminent or the danger
is not openly visible.
! The penalty provided in Article 67 is the same as that
in Article 365.
Penalty to be imposed when the crime committed is not
wholly excusable under article 69
Lower by one or two degrees than that prescribed by law.
WHEN ARTICLE 69 IS APPLIED
When there is a lack of some of the conditions required to
justify the deed or to exempt from criminal liability in the
several cases mentioned in Arts. 11 and 12; PROVIDED
THAT, majority of such conditions be present.
When two of the essential requisites for justification are
present, the penalty lower by two degrees may be
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Green Notes 2019 Criminal Law

imposed. Where only unlawful aggression is present, the Imprisonment must be served before destierro. Arresto
penalty next lower may be imposed. menor is more severe than destierro.
When the majority of the requisites of self-defense and
two mitigating circumstance without aggravating
INDETERMINATE SENTENCE LAW (ISL)
circumstances are present, the penalty is three degrees
lower. Act No. 4103 as amended by Act No. 4225

OUTLINE OF THE PROVISIONS OF ARTICLE 70 CONCEPT OF INDETERMINATE SENTENCE - is a

(1) When the culprit has to serve two or more penalties, sentence with a minimum term and a maximum term
he shall serve them simultaneously if the nature of the which, the court is mandated to impose for the benefit of
penalties will so permit. a guilty person who is not disqualified therefore, when the
(2) Otherwise, the order of their severity (under this maximum imprisonment exceeds one (1) year. It applies to
article) shall be followed. both violations of Revised Penal Code and special laws.
(3) The respective severity of the penalties is as follows:
A. Death, In sentencing a convict, there is a need for specifying the
B. Reclusion perpetua, minimum and maximum periods of the indeterminate
C. Reclusion temporal, sentence. It is to prevent the unnecessary and excessive
D. Prision mayor, deprivation of liberty and to enhance the economic
E. Prision correccional, usefulness of the accused, since he may be exempted from
F. Arresto mayor, serving the entire sentence, depending upon his behavior
G. Arresto menor, and his physical, mental and moral record. The
H. Destierro, requirement of imposing an indeterminate sentence in all
I. Perpetual absolute disqualification, criminal offenses whether punishable by the RPC or by
J. Temporary absolute disqualification, special laws, with definite minimum and maximum terms,
K. Suspension from public office, the right to vote as the court deems proper within the legal range of the
and be voted for, the right to follow a profession penalty specific by the law, must be deemed mandatory.
or calling, and
L. Public censure. SENTENCE IN THE ISL
If the penalty is imposed If the penalty is imposed
PENALTIES WHICH MAY BE SIMULTANEOUSLY by the RPC by Special Penal Laws
SERVED ARE THE FOLLOWING: Maximum Term
- Perpetual absolute disqualification, That which could be Must not exceed the
- Perpetual special disqualification, properly imposed under maximum term fixed by
- Temporary absolute disqualification, the RPC, considering the said law.
- Temporary special disqualification, aggravating and
- Suspension, mitigating circumstances
- Destierro, Minimum term
- Public censure,
- Fine and bond to keep the peace,
- Civil interdiction, and
- Confiscation and payment of costs.

! The above-listed penalties can be simultaneously

served with imprisonment except for destierro.
! If the sum total of all the penalties does NOT exceed
the most severe of all the penalties multiplied by
three, the three-fold rule does NOT apply.

ORDER OF RESPECTIVE SEVERITY OF PENALTIES

SHALL BE FOLLOWED
Thus, where the convict was sentenced on different dates,
it was held that he should serve the two terms successively
and the time of the second sentence did not commence to
run until the expiration of the first.

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Within the range of the Must not be less than the • Minimum term – anywhere within the range of
penalty one degree lower minimum term prescribed prision mayor the penalty next lower from
than that prescribed by by the same. reclusion temporal.
the RPC, without
There is one ordinary mitigating circumstance
considering the Note: For special laws, it is
• Maximum term - reclusion temporal, in its
circumstances anything within the
minimum period, after considering the mitigating
inclusive range of the
circumstance.
Note: BUT when there is a prescribed penalty.
• Minimum term- anywhere within the range of
privileged mitigating Courts are given
prision mayor without reference to any of its
circumstance, so that the discretion in the
periods.
penalty has to be lowered imposition of the
There is one aggravating circumstance
by one degree, the indeterminate penalty.
• Maximum term – reclusion temporal in its
STARTING POINT for The aggravating and
maximum period after considering the aggravating
determining the minimum mitigating circumstances
circumstance.
term of the indeterminate are not considered unless
penalty is the penalty next the special law adopts the • Minimum term anywhere within the range of
lower than that same terminology for prision mayor without reference to any of its
prescribed by the Code penalties as those used in periods.
for the offense. the RPC (such as reclusion
perpetua and the like) Under special law/s:
Individual X is convicted of illegal possession of firearms,
The modifying circumstances are considered only in the which is punishable by 1 year and 1 day to 5 years of
imposition of the maximum term of the indeterminate imprisonment.
sentence. They are NOT considered in fixing the minimum • Maximum term – shall not exceed 5 years as fixed
by law.
WHEN BENEFIT OF THE ISL IS NOT APPLICABLE: • Minimum term – shall not be less than the
(1) Those sentenced to death penalty, reclusion minimum of 1 year and 1 day prescribed by said law.
perpetua, or life imprisonment; Release of the prisoner on parole
(2) Those convicted of treason, or conspiracy or The Boards of Pardons and Parole may authorize the
proposal to commit treason; release of a prisoner on parole, after he shall have served
(3) Those convicted of misprision of treason, the minimum penalty imposed on him, PROVIDED that:
rebellion, sedition or espionage; (1) Such prisoner is fitted by his training for release;
(4) Those convicted of piracy; (2) There is reasonable probability that he will live
(5) Habitual delinquents; and remain at liberty without violating the law
(6) Those who have escaped from confinement as a (3) Such release will not be incompatible with the
prisoner, or evaded sentence; welfare of society.
(7) Those granted with conditional pardon by the
president, but subsequently violated the terms Entitlement to final release and discharge
thereof; If during the period of surveillance, such paroled prisoner
(8) Those with a maximum term of imprisonment shall:
actually imposed does not exceed 1 year; (1) Show himself to be law-abiding citizen; and
(9) Those sentenced to the penalty of destierro or (2) Shall not violate any law.
suspension only. The board may issue a final certification in his favor of his
final release and discharge.
ILLUSTRATION OF APPLICATION OF THE
Sanction for violation of condition of the parole
INDETERMINATE SENTENCE LAW
When the paroled prisoner shall violate any of the
conditions of his parole:
Under the Revised Penal Code:
(1) The board may issue an order for his arrest; and
A penalty of reclusion temporal was imposed upon the
thereafter,
individual X for committing homicide.
(2) The prisoner shall serve the remaining unexpired
There is a mitigating or aggravating circumstance
portion of the maximum sentence for which he
• Maximum term – reclusion temporal which
was originally committed to prison.
should be imposed in the medium period. [Art 64
par. 1]
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THREE-FOLD RULE
(3–4–40)
If the convict is to serve 4 or more sentences successively,
observe the following rules —
(1) The maximum duration of the convict’s sentence shall
NOT be more than 3 times the length of the time
corresponding to the most severe of the penalties
imposed upon him.
(2) In no case will such maximum duration exceed 40
years
NOTE: The law has limited the duration of the
maximum term of imprisonment to not more than 40
years, hence the accused will have to suffer 40 years
only.
(3) This rule shall apply only when the convict is to
serve at least four or more sentences successively or
the sum total of all the penalties exceed the most
severe one multiplied by 3.
(4) Subsidiary penalty forms part of the penalty.
NOTE: The imposition of three-fold maximum
penalty under Article 70 does not preclude subsidiary
imprisonment for failure to pay a fine.
The rule is to multiply the highest penalty by 3 and the
result will be the aggregate principal penalty which
the prisoner has to serve, plus the payment of all
indemnities with or without subsidiary
imprisonment, provided the principal penalty does
not exceed six years.
NOTE: If the sum total of all the penalties does not exceed
the most severe of all the penalties, multiplied by 3, then
the 3-fold rule does NOT apply.
The 3-fold rule applies only when the convict has to serve
continuous imprisonment for several offenses. If the
convict already served sentence for one offense, that
imprisonment will NOT be considered.
Example:
X is sentenced to suffer 14 years, 8 month, and 1 day for
homicide; 17 years, 4 months and 1 day in another case; 14
years and 8 months in a third case, and 12 years in a fourth
case. The total is 59 years, 8 months and 2 days. The most
severe of those penalties is 17 years, 4 months and 1 day.
Three times that penalty is 52 years and 3 days. But since
the law has limited the duration of the maximum term of
imprisonment to not more than 40 years, the accused will
have to suffer 40 years only.
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Criminal Law
SUBSIDIARY IMPRISONMENT
SUBSIDIARY PENALTY, DEFINED
It is a subsidiary personal liability to be suffered by the
convict who has no property with which to meet the fine,
at the rate of one day for each eight pesos (P8.00), subject
to the rules provided for in Art. 39.
! Subsidiary penalty shall be proper only if the accused
has no property with which to pay the fine and not as
a matter of choice on his part by opting to go to jail
instead of paying.
! There is no subsidiary penalty for nonpayment of: (1)
the reparation of the damage caused; (2)
indemnification of consequential damages; and (3) the
costs of the proceedings. (Ramos vs. Gonong)
! A fine, whether imposed as a single or as an
alternative penalty, should not and cannot be reduced
or converted into a prison term. There is no rule for
transmutation of the amount of a fine into a term of
imprisonment. (People vs. Dacuycuy, 1989)
! Subsidiary penalty is NOT AN ACCESSORY PENALTY,
hence it must be SPECIFICALLY imposed by the court
in its judgment. Therefore, the culprit cannot be made
to undergo subsidiary imprisonment unless the
judgment expressly so provides. (People v. Fajardo)
Rules as to subsidiary liability in RPC
PENALTY SUBSIDIARY PENALTY
IMPOSED
1. Prision Subsidiary imprisonment is not
correccional or to exceed 1/3 of the term of the
arresto AND fine sentence, and in no case is it to
continue for more than one
year. A fraction or a part of a
day is not counted.
2. Fine only Subsidiary imprisonment:
a. Not to exceed 6 months if the
culprit is prosecuted for a grave
or less grave felony, and
b. Not to exceed 15 days if
prosecuted for a light felony.
3. Higher than No subsidiary imprisonment.
prision
correccional
4. If the penalty Subsidiary penalty shall consist
imposed is not to in the same deprivation as those
be executed by of the principal penalty, under
confinement, but the same rules as No. 1, 2 and 3
of fixed duration above.
with fine.
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! In case the financial circumstances of the convict
should improve, he shall pay the fine, notwithstanding
the fact that the convict suffered subsidiary personal
liability therefore.
! When the penalty prescribed for the offense is
imprisonment, it is the penalty actually imposed by
the Court, not the penalty provided for by the Code,
which should be considered in determining whether
or not subsidiary penalty should be imposed.
! R.A. 10159 has already amended Art. 39 of the RPC. It
now provides minimum wage rate of the region,
instead of P8.00.
RULES AS TO SUBSIDIARY LIABILITY IN SPECIAL
LAWS (ACT. 1732 OF PHILIPPINE COMMISSION)
PENALTY SUBSIDIARY PENALTY
IMPOSED
Fine only Subsidiary liability shall not exceed
6 months, at the rate of one day of
imprisonment for every P2.50.
Fine and The subsidiary penalty shall not
imprisonment exceed 1/3 of the term of
imprisonment, and in no case shall
it exceed 1 year.
Violation of The rate is one day for every P1.00,
any municipal until the fine is satisfied, provided,
ordinance or that the total subsidiary
ordinance of imprisonment does not exceed 6
the City of months, if the penalty imposed is
Manila fine alone, and not more than 1/3 of
the principal penalty, if it is imposed
together with imprisonment.
RULES FOR APPLICATION OF PENALTIES TO THE
PERSONS CRIMINALLY LIABLE AND FOR THE
GRADUATION OF THE SAME
GENERAL RULE: The penalty prescribed by law in
general terms shall be imposed upon the principals for a
consummated felony.
EXCEPTION: When the penalty to be imposed upon the
principal in a frustrated or attempted felony is fixed by
law.
GRADUATION OF PENALTIES
By degrees – refers to:
Stages of execution (consummated, frustrated, or
attempted); and
Degree of the criminal participation of the offender
(whether as principal, accomplice or accessory).
By periods
Refers to the proper period of the penalty which
should be imposed when aggravating or mitigating
circumstances attend the commission of the crime.
RULES FOR GRADUATING PENALTIES IN RULE 61
According to Article 46, the penalty prescribed by law in
general terms shall be imposed upon the principal in a
consummated felony. According to Articles 50-57, the
penalty prescribed by law for the felony shall be lowered
by one or two degrees, as follows:
For the principal in frustrated felony
One degree lower;

For the principal in attempted felony

No subsidiary penalty shall be imposed where: Two degrees lower;
(1) The penalty imposed is higher than prision
correccional or 6 years; For the accomplice in consummated felony
Additional penalty for habitual delinquency should be
One degree lower;
included in determining whether or not subsidiary
penalty should be imposed.
For the accessory in consummated felony
(2) For nonpayment of reparation of the damage caused,
Two degrees lower;
indemnification of consequential damages and the
cost of the proceedings;
(3) Where the penalty imposed is a fine and another
DIAGRAM OF THE APPLICATION OF ARTS. 50-57
penalty without fixed duration, like censure; and
(4) The subsidiary penalty, through properly imposable is
not expressly stated in the judgment. Consummated Frustrated Attempted
Note: The rules on subsidiary penalty in Art. 39 are
applicable to crimes punishable by special laws by Principal 0 1 2
force of Article 10 of this Code.
Accomplice 1 2 3

Accessory 2 3 4
GRADUATION OF PENALTIES
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In this diagram, “0” represents the penalty prescribed by
law in defining a crime, which is to be imposed on the
principal in a consummated offense, in accordance with
the provisions of Art. 46. The other figures represent the
degrees to which the penalty must be lowered, to meet the
different situations anticipated by law.
Bases for the determination of the extent of penalty to
be imposed under the RPC:
Stage reached by the crime in its development (attempted,
frustrated or consummated).
Participations therein of the persons liable.
Aggravating or mitigating circumstances which attended
the commission of the crime.
DEGREE, DEFINED
One unit of the penalties enumerated in the graduated
scales provided for in Art. 71.
When there is mitigating or aggravating circumstance, the
penalty is lowered or increased by period only;
PERIOD, DEFINED
One of the three equal portions, called minimum, medium
and maximum, of a divisible penalty.
EXCEPTIONS TO THE RULES ESTABLISHED IN
ARTICLES 50-57 (ARTICLE 60)
Articles 50 to 57 shall NOT apply to cases where the law
expressly prescribes the penalty for a frustrated or
attempted felony, or to be imposed upon accomplices or
accessories. [Art. 60]
GENERAL RULE: An accomplice is punished by a penalty
one degree lower than the penalty imposed upon the
principal.
EXCEPTIONS: The following accomplices are punished
with the same penalty imposed upon the principal:
The ascendants, guardians, curators, teachers, and any
person who by abuse of authority or confidential
relationship, shall cooperate as accomplices in the crime
of rape, acts of lasciviousness, seduction, corruptions of
minors, white slave trade or abduction [Art. 346]; and
One who furnished the place for the perpetration of the
crime of slight illegal detention. (Art. 268, RPC)
ILLUSTRATION OF THE RULES
FIRST RULE
When penalty prescribed is single and indivisible such as
that found in Scale No. 1 of Article 71, the penalty
immediately following reclusion perpetua (for the crime of
kidnapping and failure to return a minor) is reclusion
temporal. The penalty next lower in degree, therefore, is
reclusion temporal.
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Criminal Law
SECOND RULE
One divisible penalty to be imposed to its full extent is
reclusion temporal; and two divisible penalties to be
imposed to their full extent are prision correccional to
prision mayor. The penalty immediately following the
divisible penalty of reclusion temporal in Scale No. 1 of
Article 71 is prision mayor; and the penalty immediately
following the lesser of the penalties of prision correccional
to prision mayor is arresto mayor.
THIRD RULE
When the penalty prescribed is composed of two
indivisible penalties and one divisible penalty in its
maximum period – the penalty next lower in degree shall
be composed of the medium and minimum of the proper
divisible penalty and the maximum of the penalty
immediately following in the graduated scale;
SIMPLIFIED RULES FOR FOURTH AND FIFTH RULE
If the penalty prescribed by the code consists in three
periods, corresponding to different divisible penalties, the
penalty next lower in degrees is the penalty consisting in
the three periods down in the scale;
If the penalty prescribed by the Code consists of two
periods, the penalty next lower in degree is the penalty
consisting in the three periods down in the scale;
If the penalty prescribed by the code consists of only one
period, the penalty next lower in degree is the next period
down in the scale.
MITIGATING AND AGGRAVATING CIRCUMSTANCES
ARE DISREGARDED IN THE APPLICATION OF THE
RULES FOR GRADUATING PENALTIES
! It will be noted that each paragraph of Article 61
begins with the phrase, “when the penalty prescribed
for the felony” or “crime”. Hence, in lowering the
penalty, the penalty prescribed by the Revised Penal
Code for the crime is the basis, without regard to the
mitigating or aggravating circumstance which
attended the commission of the crime.
! It is only after the penalty next lower in degree is
already determined that the mitigating and/or
aggravating circumstances should be considered.
APPLY ARTICLE 71 IN DETERMINING THE PROPER
DEGREE WHERE THE LAW PRESCRIBES A PENALTY
LOWER OR HIGHER BY TWO OR MORE DEGREES
THAN ANOTHER GIVEN PENALTY
SCALE NO. 1 SCALE NO. 2
(1) Death (1) Perpetual absolute
(2) Reclusion perpetua disqualification
(3) Reclusion temporal (2) Temporary absolute
(4) Prision mayor disqualification
(5) Prision correccional (3) Suspension from
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(6) Arresto mayor public office, the right to ARTICLES 25, 70 AND 71, COMPARED
(7) Destierro vote and be voted for, and
(8) Arresto menor the right to follow a
ARTICLE 25 ARTICLE 70 ARTICLE 71
(9) Public censure profession or calling
(10) Fine (4) Public censure Penalties are Penalties are Provides for the
Fine classified into classified for the scales which
All personal penalties All penalties consisting in principal and purpose of the should be
such as deprivation of deprivation of political accessory successive observed in
life and liberty are rights are grouped penalties. The service of graduating the
grouped together. together. principal sentences penalties by
penalties are according to degrees in
DEATH IN THE GRADUATED SCALES subdivided into their severity. accordance with
(1) Since R.A. No. 9346 unequivocally bars the application capital, afflictive, Article 61.
of the death penalty, as well as expressly repeals all correctional and
such statutory provisions requiring the application of light.
the death penalty, such effect necessarily extends to
its relevance to the graduated scale of penalties under Destierro is Destierro is Destierro is
Article 71. placed above placed under placed above
(2) Henceforth, “death”, as utilized in Article 71 of the arresto menor, arresto menor arresto menor.
Revised Penal Code, shall no longer form part of the because it is according to Reason for which
equation in the graduation of the penalties. (People vs. classified as a their respective is that destierro
Bon, 2006) correctional severity. being classified
penalty. Destierro is as a correctional
considered penalty is higher
DESTIERRO NEXT IN DEGREE FROM ARRESTOR lighter than than arresto
MAYOR arresto menor. menor, a light
• The scale of penalties in Article 71 which places This speaks of penalty. This
destierro below arresto mayor cannot be severity. speaks of lower
disregarded and the respective severities of arresto or higher.
mayor and destierro must not be judged by the
The different
duration of each of these penalties, but by the degree
penalties
of deprivation of liberty involved. The penalty next
provided for in
lower in degree from arresto mayor is destierro. (Uy
Article 25 are
Chin Hua vs. Dinglasan)
classified and
• Destierro, although a correctional penalty consisting
grouped into two
in banishment with a duration of 6 months and 1 day
graduated
to 6 years is considered not higher than arresto
scales.
mayor which is imprisonment of 1 month and 1 day to
6 months.
• Under B.P. Blg. 129, MTCs shall exercise exclusive
original jurisdiction over all offenses punishable with
imprisonment not exceeding 6 years irrespective of
the amount of fine, etc.

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ACCESSORY PENALTIES
EFFECT OF ACCESSORY PENALTIES
Perpetual or Temporary Absolute Disqualification
(Art. 30)
(1) The deprivation of the public offices and
employments which the offender may have held
even if conferred by popular election
(2) The deprivation of the right to vote in any
election for any popular office or to be elected to
such office
(3) The disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned
(4) The loss of all rights to retirement pay or other
pension for any office formerly held
Perpetual or Temporary Special Disqualification
(Art. 31, 32)
Perpetual or temporal special disqualification for
public office, profession or calling —
(1) The deprivation of the office, employment,
profession or calling affected
(2) The disqualification for holding similar offices or
employments either perpetually or during the
term of the sentence according to the extent of
such disqualification
Perpetual or temporary special disqualification for the
exercise of the right of suffrage —
(1) The deprivation of the offender perpetually or
during the term of the sentence, according to the
nature of said penalty, of the right to vote in any
popular election for any public office or to be
elected to such office
(2) The offender shall not be permitted to hold any
public office during the period of his
disqualification
Suspension (Art. 33)
(1) The offender is disqualified from holding such
office or exercising such profession or calling or
right of suffrage during the term of the sentence.
(2) The person suspended from holding public office
shall not hold another having similar functions
during the period of his suspension
Civil Interdiction (Art. 34)
The offender, during the time of his sentence, is
deprived of —
(1) The rights of parental authority, or guardianship,
either as to the person or property of any ward,
(2) Marital authority
(3) The right to manage his property
(4) The right to dispose of such property by any act
or any conveyance inter vivos
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Criminal Law
Indemnification
Includes the consequential damage caused the injured
party and those suffered by his family or by a third
person by reason of the crime.
Confiscation and Forfeiture of the Proceeds or
Instruments of the Crime
Forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed
NOTE: Every penalty imposed for the commission of a
felony shall carry with it the accessory penalty of
forfeiture or confiscation. Such proceeds and
instruments or tools shall be confiscated and forfeited
in favor of the Government, unless they be property of
a third person not liable for the offense, but those
articles which are not subject of lawful commerce shall
be destroyed.
PAYMENT OF COSTS
Includes fees and indemnities in the course of the
judicial proceedings — whether they be fixed or
unalterable amounts previously determined by law or
regulations in force, or amounts not subject to
schedule.
OUTLINE OF ACCESSORY PENALTIES INHERENT IN
PRINCIPAL PENALTIES UNDER ARTICLE 40 TO 44
(1) Death, when not executed by reason of commutation
or pardon
A. Perpetual absolute disqualification; and
B. Civil interdiction during 30 years, if not expressly
remitted in the pardon.
(2) Reclusion perpetua and reclusion temporal
A. Civil interdiction for life or during the sentence;
and
B. Perpetual absolute disqualification, unless
expressly remitted in the pardon of the principal
penalty.
(3) Prision mayor
Temporary absolute disqualification; and
Perpetual special disqualification from suffrage, unless
expressly remitted in the pardon of the principal penalty.
(4) Prision correccional
A. Suspension from public office, profession or
calling; and
B. Perpetual special disqualification from suffrage,
if the duration of imprisonment exceeds 18
months, unless expressly remitted in the pardon
of the principal penalty.
Note: There is a perpetual special
disqualification from suffrage, only when the
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Green Notes 2019
duration of the imprisonment exceeds 18
months.
(5) Arresto
Suspension of the right to hold office and the right of
suffrage during the term of the sentence.
Note: The code does NOT provide for any accessory
penalty for destierro.
Distinguish reclusion perpetua from life imprisonment
Reclusion Perpetua Life Imprisonment
Has a specific duration of 20 Has no definite term.
years and 1 day to 40 years.
Imposable on felonies Imposable on crimes
punished by the RPC. punishable by special
laws.
Carries with it accessory Does not carry with it
penalties. accessory penalties.
OUTLINE OF THE PROVISION OF ARTICLE 45 ON
CONFISCATION AND FORFEITURE OF THE PROCEEDS
OR INSTRUMENTS OF THE CRIME
(1) Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and the
instruments or tools used in the commission of
the crime. (There can be no forfeiture when
there is no criminal case filed.)
(2) The proceeds and instruments or tools of the
crime are confiscated and forfeited in favor of
the Government.
(3) Property of a third person not liable for the
offense is not subject to confiscation and
forfeiture.
(4) Property not subject of lawful commerce,
whether it belongs to the accused or to third
person, shall be destroyed.
When provisions of Article 45 cannot apply
(1) The instruments belonging to innocent third
parties;
(2) Such properties which have not been placed
under the jurisdiction of the court because they
must be presented in evidence and identified in
judgment; and
(3) The provisions of Article 45 also cannot apply
when its application is legally or physically
impossible.
NOTE: This accessory penalty presupposes a judgment
of conviction. However, even if the accused is acquitted
on reasonable doubt, but the instruments or proceeds
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Criminal Law
are not the subject of lawful commerce, the judgment of
acquittal shall order the forfeiture for appropriate
disposition.
COMPUTATION OF PENALTIES
RULES FOR THE COMPUTATION OF PENALTIES (TO BE
DONE BY the DIRECTOR OF PRISONS OR WARDEN)
• When the offender is in prison – the duration of
temporary penalties starts from the day the
judgment of conviction becomes final.
• Applies in cases of temporary penalties and the
offender is under detention (under preventive
imprisonment)
• When the offender is not in prison – the duration of
penalties consisting in deprivation of liberty, starts
from the day that the offender is placed at the
disposal of judicial authorities for the enforcement of
the penalty.
• Applies in cases of penalties consisting in deprivation
of liberty and the offender is not in prison.
• The duration of other penalties – the duration starts
from the day on which the offender commences to
serve his sentence. Applies in cases of:
o Penalties consisting in deprivation of liberty
and the offender are undergoing preventive
imprisonment; but the offender is entitled to a
deduction of the entirety of the time spent in
detention (should the detention prisoner
agree, in writing and with counsel, to abide by
the same disciplinary rules imposed upon
convicted prisoners) or 4/5ths of the time of his
detention (should the detention prisoner not
agree to the same, also in writing and with
counsel).
o Temporary penalties and the offender is not
under detention because the offender is
released on bail.
Preference in the payment of the civil liability under
Article 72
(1) Civil liability is satisfied by following the chronological
order of the dates of the final judgment.
(2) While criminal liability is satisfied by successive
service of sentences in the order of respective
severity (Art. 70), civil liability is satisfied by the
following the chronological order of the dates of the
final judgment.
When applied
This applies when the offender who is found guilty of two
or more offenses is required to pay the corresponding civil
liabilities resulting from different offenses.
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Presumption in regard to the imposition of accessory

Period Degree
penalties under article 73
! Accessory penalties are also deemed imposed upon Each of the three equal The diverse penalties
the convict without the necessity of making an parts of a divisible penalty. mentioned by name in the
express announcement of their imposition. Revised Penal Code.
! However, subsidiary imprisonment is not an
accessory penalty and therefore, the judgment of
conviction must expressly state that the offender Complex penalty, defined
shall suffer subsidiary imprisonment in case of A penalty prescribed by law composed of three distinct
insolvency. (People vs. Fajardo) penalties, each forming a period; the lightest of them shall
be the minimum, the next the medium, and the most
severe, the maximum period.
Penalty higher than reclusion perpetua in certain cases
under article 74
When the penalty is composed of three distinct penalties
! The penalty higher than reclusion perpetua, when
When the law prescribes a penalty composed of three
death is not provided by law shall be the same penalty
distinct penalties, each one shall form a period.
and the accessory penalties of Article 40.
! Furthermore, the penalty of death must be
PECUNIARY LIABILITIES UNDER ARTICLE 38
specifically imposed by law as a penalty for a given
crime.
Pecuniary liabilities in the following order:
HOW APPLIED • Civil
The Code has meant to say here that the judgment should A. The reparation of the damage caused.
provide that the convict should not be given the benefit of B. Indemnification of the consequential damages
Article 27 until 40 years have elapsed; otherwise, there • Pecuniary
would be no difference at all between reclusion perpetua • Fine
when imposed as the penalty next higher in degree and • Costs of proceedings.
when it is imposed as the penalty fixed by law. In this
opinion, the given penalty is reclusion perpetua. (Reyes, When article 38 is applied
2012) It is applicable in case the property of the offender should
not be sufficient for the payment of all his pecuniary
Increasing or reducing the penalty of fine by one or more liabilities. The order of payment is provided in this article.
degrees
When necessary, the penalty of fine shall be increased or Hence, if the offender has sufficient or no property, there
reduced for each degree, by ¼ of the maximum amount is no use for Article 38.
prescribed by law, without however, changing the
minimum.
EXECUTION AND SERVICE
Fines are graduated into degrees for the accomplices and
WHEN AND HOW PENALTY IS TO BE EXECUTED
accessories and for the principals in frustrated and
UNDER ARTICLE 78
attempted felonies.
! Only penalties by final judgment can be executed.
Paragraph 1 of the Article provides that no penalty
Distinction between fine with a minimum and fine
shall be executed except by virtue of a final judgment.
without a minimum:
! It shall be executed in accordance to the form
• In both, the law fixes the maximum of the fine.
prescribed by law and with any circumstances or
• When the law fixes the minimum of the fine, the
incidents expressly authorized thereby.
court cannot change the minimum; whereas, when
the law does not state the minimum of the fine but
SUSPENSION OF THE EXECUTION AND SERVICE OF
only the maximum, the court can impose any
THE PENALTIES IN CASE OF INSANITY UNDER
amount not exceeding such maximum.
ARTICLE 79
• When the law fixes both the minimum and the
maximum, the court can impose an amount higher
GUIDELINES:
than the maximum; whereas, when only the
(1) When a convict becomes insane or imbecile after
maximum is fixed, it cannot impose an amount
the final sentence has been pronounced, the
higher than the maximum.
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execution of such sentence is suspended only as
regards the personal penalty.
(2) In the event that the offender has recovered
reason, his sentence shall be executed unless the
penalty has prescribed.
(3) The above provisions shall be observed even if
the convict only becomes insane or imbecile
while serving his sentence.
(4) The obligation to pay his civil liability or
pecuniary liabilities shall not be suspended.
The provisions of Article 80 of the Revised Penal Code have
been repealed by P.D. 603 (The Child and Youth Welfare
Code) and by the provisions of R.A. 9344 or the Juvenile
Justice & Welfare Code.
Youthful offender, defined
A child, 15 years of age or below is exempt from criminal
liability. If the child is over 15 but less than 18 years of age,
he is likewise exempt from criminal liability unless the
child acted with discernment.
GUIDELINES:
(1) If the court finds that the youthful offender
committed the crime charged against him, it shall
determine the imposable penalty and the civil liability
chargeable against him.
(2) The court may not pronounce judgment of conviction
but instead, suspend all further proceedings.
(3) The youthful offender shall be returned to the
committing court for the pronouncement of
judgment, when the youthful offender: (1) has been
found incorrigible, or (2) has wilfully failed to comply
with the conditions of his rehabilitation programs; or
(3) when his continued stay in the training institution
would be inadvisable.
(4) When the youthful offender has reached the age of
eighteen (18) while in commitment, the court shall
determine whether:
A. To dismiss the case, if the youthful offender
has behaved properly and has shown his
capability to be a useful member of the
community; or
B. To pronounce the judgment of conviction if the
above mentioned conditions were not met.
(5) Considering the latter case, the convicted offender
may apply for probation and the youthful offender
shall be credited in the service of his sentence with
the full time spent in actual commitment and
detention.
(6) The final release of a youthful offender, based on good
conduct as provided in Art. 196 shall not obliterate his
civil liability for damages.
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Criminal Law
DESTIERRO, DEFINED
Any person sentenced to destierro shall not be permitted
to enter the place or places designated in the sentence, nor
within the radius therein specified, which shall be not
more than 250 and not less than 25 kilometers from the
place designated.
This penalty is considered as a principal correctional and
divisible penalty. Therefore, jurisdiction over crimes
punishable with destierro lies with the Municipal Trial
Court.
Application
Only the following cases impose the penalty of destierro:
(1) Death or serious physical injuries is caused or
are inflicted under exceptional circumstances
[Art. 247];
(2) Failure to give bond for good behaviour in grave
and light threats [Art. 284];
(3) Penalty for the concubine in the crime of
concubinage [Art. 334];
(4) When, after reducing the penalty by one or more
degrees, destierro is the proper penalty.
ARRESTO MENOR
Guidelines:
Arresto menor shall only be served in the following venues:
Municipal jail; or
House of the defendant under the surveillance of an officer
of law only when the court so provides in its decision.
PROBATION LAW OF 1976: P.D. 968, as amended
Probation, defined
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.
CONCEPT
Probation is NOT an absolute right. It is a mere privilege
which rests upon the discretion of the trial court. Its
grant is subject to certain terms and conditions that
may be imposed by the trial court. Having the power to
grant the probation, it follows that the trial court also
has the power to order its revocation in a proper case
and under proper circumstances.
APPLICATION
! This shall apply to all offenders except those
entitled to benefits under PD 603 and similar laws.
! May be granted even if the sentence is a fine only,
but with subsidiary imprisonment in case of
insolvency.
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WHERE AND WHEN TO FILE THE APPLICATION
! An APPLICATION for probation shall be filed by the
defendant with the trial court within the period for
perfecting an appeal.
! NO application for probation shall be entertained
or granted if the defendant has PERFECTED AN
APPEAL from the judgment of conviction.
EFFECTS OF FILING AND GRANT/DENIAL OF
APPLICATION
(1) Filing of application for probation operates as a
waiver of the right to appeal.
(2) The order granting or denying probation shall not
be appealable.
(3) Accessory penalties are deemed suspended once
probation is granted and are fully restored upon
final discharge of probationer.
(4) Final discharge of probationer totally extinguishes
criminal liability for the offense subject of the
probation [RA 10707, a July 27, 2015 amendment to
this law]
(5) Civil liability is not affected by the suspension of
the sentence imposed on the accused that is
granted probation; court must hear the civil
aspects.
NOTE: The court may, after it shall have convicted
and sentenced a child in conflict with the law, and
upon application at any time, place the child on
probation in lieu of his/her sentence, taking into
account the best interests of the child. For this
purpose, Section 4 of Presidential Decree No. 968,
otherwise, known as the “Probation Law of 1976” is
hereby amended accordingly. [Sec. 42, R.A. 9344,
Juvenile Delinquency Law]
POST-SENTENCE INVESTIGATION
The convict is not immediately placed on probation.
There shall be a prior investigation by the probation
officer and a determination by the court. He may,
however, be released under his bail filed in the criminal
case or on recognizance.
CRITERIA FOR PLACING AN OFFENDER ON
PROBATION
The court shall consider:
(1) All information relative to the character,
antecedents, environment, mental, and physical
condition of the offender;
(2) Available institutional and community resources.
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Criminal Law
PROBATION SHALL BE DENIED IF THE COURT
FINDS THAT
(1) The offender is in need for correctional treatment
that can be provided effectively by his
commitment to an institution;
(2) There is undue risk of committing another crime;
(3) Probation will depreciate the seriousness of the
offense committed.
DISQUALIFIED OFFENDERS
The benefits of the Decree shall NOT be extended to
those:
(1) Sentenced to serve a maximum term of
imprisonment of more the 6 years;
(2) Convicted of any crime against the national
security;
(3) Who have previously been convicted by final
judgment of an offense punished by
imprisonment of more than six months and
one day and/or a fine not less than P1,000.00;
(4) Once placed on probation;
(5) Who appealed;
(6) Convicted of drug trafficking or drug pushing;
(7) Convicted of election offenses under the
Omnibus Election Code.
Note: No. 5 does not apply to minor offenders. A child
in conflict with law can apply probation ANYTIME.
HOWEVER, if through an appeal or review, a non-
probationable penalty is modified to a probationable
penalty, the defendant shall be allowed to apply for
probation based on the modified decision before it
becomes final, provided he does not seek an appeal for
the same. Such application shall be made in the trial
court imposing the non-probationable penalty. [RA
10707, a July 27, 2015 amendment to this law]
CONDITIONS OF PROBATION
TWO KINDS OF CONDITIONS IMPOSED:
(1) Mandatory or general – once violated, the probation
is cancelled. They are:
A. Probationer: Presents himself to the probation
officer designated to undertake his supervision,
at such place as may be specified in the order,
within 72 hours from receipt of order;
B. He reports to the probation officer at least once a
month.
(2) Discretionary or special – additional conditions
listed, which the court may additionally impose on the
probationer towards his correction and rehabilitation
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Green Notes 2019 Criminal Law

outside prison. HOWEVER, the enumeration is not revocation in a proper

exclusive. Probation statutes are liberal in character circumstances.
and enable the courts to designate practically any
term it chooses, as long as the probationer’s
ARTICLE 68 IN RELATION TO RA 9344 OR THE
constitutional rights are not jeopardized. Also, they
JUVENILE AND JUSTICE WELFARE ACT
must not be unduly restrictive of probationer, and not
APPLICATION OF ARTICLE 68:
incompatible with the freedom of conscience of
This article is NOT immediately applicable to a minor
probationer.
under 18 years of age, because when such minor is
found guilty of the offense charged, the court shall
PERIOD OF PROBATION
determine the penalty in the judgment of conviction
For how long may a convict be placed on probation?
but shall suspend the promulgation (not the execution)
i. If the convict is sentenced to a term of
and orders commitment to a reformatory institution, if
imprisonment of NOT more than one year, the
the court there for approves his application
period of probation shall not exceed 2 years.
ii. In all other cases, if he is sentenced to more than
Upon the recommendation of the social worker who
one year, said period shall not exceed 6 years.
has custody of the child, the court shall dismiss the
When the sentence imposes a fine only and the offender is
case against the child and shall order the final
made to serve subsidiary imprisonment. The period of
discharge of the child if it finds that the objective of the
probation shall be twice the total of the number of days of
disposition measures have been fulfilled
subsidiary imprisonment.

This article has been repealed or amended in the sense

PARDON PROBATION
that the accused in par. 1 thereof is completely absolved
Includes any crime and is Exercised individually by
from criminal liability under R.A. 9344, hence there is
exercised individually by the trial court.
no basis for considering any privileged mitigating
the President.
circumstance in his favor.
Exercised when the Must be exercised within
person is already the period for perfecting
That circumstance may, however, be involved in its par.
convicted. an appeal. 2 where the accused is over 15 and below 18 years of age
Merely looks forward It promotes the but he acted with discernment, and he is returned to
(prospective) and relieves correction and the other correlative proceeding, if any have not
the offender from the rehabilitation of an achieved their purposes and, in effect, the accused has
consequences of an offender by providing him been found to be incorrigible. [Regalado]
offense of which he has with individualized
been convicted; it does treatment; provides an If the court finds that the objective the disposition
not work for the opportunity for the measures imposed upon the child in conflict with the
restoration of public reformation of a penitent law have not been fulfilled, or if the child in conflict
office, or the right of offender which might be with the law has willfully failed to comply with the
suffrage, unless such less probable if he were to conditions of his/her disposition or rehabilitation
rights are expressly serve a prison sentence; program, the child in conflict with the law shall be
restored by means of and prevent the brought before the court for promulgation (not
pardon. commission of offenses. execution) of judgment.
Does not alter the fact Does not alter the fact
that the accused is a that the accused is a If said child in conflict with the law has reached
recidivist as it produces recidivist as it provides eighteen (18) years of age while under suspended
only the extinction of the only for an opportunity of sentence, the court shall determine whether to
personal effects of the reformation to the discharge the child, to order execution of sentence, or
penalty. penitent offender. to extend the suspended sentence for a certain
Does not extinguish the Does not extinguish the specified period or until the child reaches the
civil liability of offender. civil liability of the maximum age of twenty-one (21) years. [R.A. 9344]
offender.
Being a private act by the Being a grant by the trial
President, it must be court; it follows that the
pleaded and proved by the trial court also has the
person pardoned power to order its

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D. EXTINCTION OF CRIMINAL LIABILITY
TOTAL EXTINCTION OF CRIMINAL LIABILITY
General Rule: Death of the accused pending appeal of his
conviction extinguishes the offender’s criminal liability as
well as his civil liability based solely on the offense
committed.

GUIDELINES Exception: Death does not extinguish civil liability arising

(0) Means of totally extinguishing criminal liability: from sources other than the crime committed survives,
(MAD-SPAM) and may be pursued in a separate civil action. Sources of
civil liability other than crime are law, contracts, quasi -
a. Death of the convict – Personal liabilities shall be
contracts and quasi delicts.
extinguished while pecuniary liability shall only
be extinguished when the death of the offender
occurs before final judgment. AMNESTY, DEFINED
b. Service of sentence – This does not extinguish Amnesty is an act of the sovereign power granting oblivion
civil liabilities. or a general pardon for a past offense.
It is rarely, if ever, exercised in favor of a single individual,
c. Amnesty – The penalty imposed and all its
and is usually extended in behalf of certain classes of
effects are totally extinguished.
persons, whether or not they have already been convicted.
d. Absolute Pardon - The penalty imposed and all
its effects are totally extinguished.
e. Prescription of the crime PARDON AMNESTY
f. Prescription of penalty
Includes any crime and Considered as a “blanket” of
g. Marriage of the offended woman with the
is exercised pardon to classes of persons
offender – Only applicable in good faith and
individually by the or communities who may be
applicable only in crimes of rape, seduction and
President. guilty of a class of offenses,
abduction or acts of lasciviousness.(Art. 89, RPC)
usually political in nature.
(1) Extinction of criminal liability does not extinguish
civil liability. Exercised only after May be exercised before the
NOTE: The extinction of the penal action does not the conviction of the trial or investigation.
carry with it the extinction of the civil action. offender.
However, the civil action based on delict shall be
Prospective Retroactive
deemed extinguished if there is a finding in a final
judgment in the civil action that the act or omission Does not obliterate Obliterates the last vestige of
from where the civil liability may arise does not exist. previous records of crime.
(Quinto v. Andres) conviction (except if it
is an absolute pardon).
(2) Death of the offended party does not extinguish the
criminal liability of the accused even in private Does not extinguish civil liability of the offender
offenses. (except if it is an absolute pardon)

The offender must This a public act. Concurrence

(3) Civil liability is extinguished only when death occurs plead and prove the of the Congress would be
before final judgment. Pardon since this is necessary prior to
considered a Private proclamation.
NOTE: A judgment only becomes final if the following Act of the President.
conditions have been satisfied:
a. After the lapse of the period for perfecting an
PARDON, DEFINED
appeal;
Pardon refers to an act of grace proceeding from the
b. When the sentence has been partly or totally
power entrusted with the execution of the laws.
satisfied or served; This exempts the individual on whom it is bestowed from
c. The defendant has expressly waived in writing the punishment provided for by the law for the crime
his right to appeal. committed.
Pardon can only be given after final judgment; otherwise,
EFFECT OF DEATH OF THE ACCUSED PENDING APPEAL there will be violation of the Doctrine of Separation of
Powers.
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Offenses of oral defamation and slander by deed = 6

ABSOLUTE PARDON CONDITIONAL PARDON
months
Total extinction of Exemption of individual a. Simple Slander = 6 months
criminal liability, from the punishment b. Grave Slander = 2 months
without any condition. which the law inflicts for Light offenses = 2 months
Restores to the the offense committed Crimes punishable by fines
individual his civil and resulting in the partial b. Afflictive Fines = 15 years
political rights and extinction with certain c. Correctional Fines = 10 years
remits the penalty conditions. d. Light Fines = 2 months
imposed for the
particular offense GUIDELINES
he/she is convicted of. (1) When the last day of prescriptive period falls on a
Sunday or a holiday – the information can no longer
be filed on the next day as the crime has already
PRESCRIPTION OF CRIMES, DEFINED
prescribed. The period will not be prolonged because
Pertains to the forfeiture or loss of the right of the State to
doubt should be resolved in favor of the accused.
prosecute the offender after the lapse of a certain time.
(2) Compound Crimes –When the penalty is a compound
In prescription of crimes, it is the penalty
one, the highest penalty is the basis of application of
prescribed by law that should be considered.
the rules in Article 90.
In computing for the prescription, the first day is
(3) Violations penalized by special laws – unless
to be executed and the last day included.
otherwise provided by the special laws, the following
rules shall govern:
COMMENCEMENT OF PRESCRIPTION a. After 1 year for offenses punished only by a
(1) Felonies under the Revised Penal Code — For all fine or by imprisonment for not more than
criminal offenses, the period of prescription shall one (1) month, or both;
commence to run from the day on which the crime b. After 4 years for those punished by
is discovered by the offended party, the authorities, imprisonment for more than one (1) month
or their agents but less than two (2) years;
(2) Criminal Offences punished by Special Laws — c. After 8 years for those punished by
Prescription shall begin to run from the day of the imprisonment for two (2) years or more, but
commission of the violation of the law, and if the not less than six (6) years; and
same be not known at the time, from the discovery d. After 12 years for any other offense punished
thereof (Blameless ignorance doctrine) by imprisonment for six (6) years or more,
except the crime of treason, which shall
SUSPENSION OF PRESCRIPTION prescribe after twenty (20) years.
(1) Felonies under the Revised Penal Code — The term e. Any violations penalized by municipal
of prescription shall not run when the offender is ordinances shall prescribe after two (2)
absent from the Philippine Archipelago. months.
(2) Criminal Offenses punished by Special Laws — no f. After 5 years for offenses punished under the
similar provision like the RPC Internal Revenue Law.
NOTE: The running of the prescription of an offense g. After 2 months for violations of the
punished by a special law is not tolled by the absence regulations or conditions of certificate of
of the offender from Philippine soil. convenience by the Public Service
Commission
PRESCRIPTIVE PERIODS OF CRIMES (4) When the prescription is interrupted – It shall be
Crimes punishable by: interrupted only when the proceedings are instituted
a. Death, reclusion perpetua, and reclusion against the guilty party and shall being to run again if
temporal = 20 years the proceedings are dismissed for reasons not
b. Afflictive Penalties = 15 years constituting jeopardy.
c. Correctional Penalties = 10 year except those
punishable by arresto mayor which shall COMPUTATION OF THE PRESCRIPTION OF PENALTIES
prescribe in 5 years. (1) Period of prescription commences to run from the
Crime of libel = 1 year date when the culprit evaded the service of his
sentence.

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(2) There is an interruption in case of the following

For violations, For violations, may be
circumstances:
convict may be rearrested, convict
a. Culprit gives himself up;
prosecuted under serves remaining
b. Culprit gets captured;
Art. 159 sentence
c. Culprit goes to a foreign country with which
the Philippines has no extradition treaty; or if
there is an extradition treaty, the same does ALLOWANCE FOR GOOD CONDUCT
not include the crime committed by the
culprit; (1) First two (2) years of imprisonment = deduction of 5
d. Culprit commits another crime before the days for each month of good behavior.
expiration of the period of prescription. (2) 3rd to 5th years of imprisonment = deduction of 23 days
e. Culprit makes an acceptance of conditional for each month of good behavior.
pardon (People v. Puntillas). (3) Following years until the 10th year of imprisonment =
deduction of 25 days for each month for good
(3) Penalties must be imposed after final judgment. If a behavior.
convict appeals and then flees, the penalty imposed (4) 11th and successive years of imprisonment = deduction
cannot prescribe since no final judgment has been of 30 days for each month of good behavior.
rendered (5) In addition to numbers 1 to 4, the study, teaching, or
(4) If the accused was never arrested to serve the mentoring service time rendered = deduction of 15
sentence, the prescriptive period cannot commence days (Art. 97).
to run.
SPECIAL TIME ALLOWANCE FOR LOYALTY, DEFINED
Pertains to the deduction of 1/5th of the period of the
Prescription of the Crime Prescription of the Penalty
sentence of a prisoner who, having evaded the service of
The forfeiture or loss of the The forfeiture or loss of the his sentence during a calamity or catastrophe, gives
right of the State to right of the government to himself up within 48 hours following the proclamation by
prosecute. execute the final sentence. the President announcing the passing away of the calamity
or catastrophe.
It is the penalty prescribed It is the penalty imposed that
by law that should be should be considered. The deduction will be 2/5ths if the prisoner stays in his
considered. place of confinement. (Art. 98, RPC)

Time allowance is only granted exclusively by the Director

PARTIAL EXTINCTION OF CRIMINAL LIABILITY
of Prison and once granted, shall not be revoked.
CRIMINAL LIABILITY IS PARTIALLY
EVASION OF SERVICE ON OCCASION OF DISORDER,
EXTINGUISHED THROUGH
CONFLAGRATIONS, EARTHQUAKES, OR OTHER
CALAMITIES
(1) Conditional pardon;
(2) Commutation of sentence;
(3) Good conduct allowances which the offender may A convict shall suffer an increase of one-fifth of the time
earn while serving his sentence; still remaining to be served under the original sentence,
(4) Parole; and which in no case shall exceed six months if he:
(5) By probation (Art. 94) a. evades the service of his sentence,
b. by leaving the penal institution where he shall
have been confined,
CONDITIONAL c. on the occasion of disorder resulting from a
PAROLE
PARDON conflagration, earthquake, explosion, or similar
catastrophe, or during a mutiny in which he has
Given after final Given after service of the
not participated, and
judgment minimum penalty
d. he shall fail to give himself up to the authorities
Granted by Chief Given by the Board of within 48 hours following the issuance of a
Executive Pardons and Parole proclamation by the Chief Executive announcing
the passing away of such calamity. (Art. 158, RPC).

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Green Notes 2019
NOTE: A convict who gives himself up to the authorities
within the 48 hour period shall be entitled to the deduction
under Art. 98 (Special time allowance for loyalty)
E. CIVIL LIABILITY IN CRIMINAL CASES
ART. 100
Every person criminally liable for a felony is also civilly
liable.
RULES REGARDING CIVIL LIABILITY IN
CERTAIN CASES
General Rule: Civil liability is still imposed in cases falling
under those exempting circumstances enumerated in Art.
12.
Exceptions:
(1) No civil liability in par. 4 of Art. 12 which provides for
the injury caused by mere accident.
(2) No civil liability in par. 7 of Art. 12 which provides for
failure to perform an act required by law when
prevented by some lawful or insuperable cause.
PERSONS LIABLE FOR INSANE OR MINOR EXEMPT
FROM CRIMINAL LIABILITY
(1) The person having legal capacity or control over
them, if the latter are the ones at fault or negligent –
they are primarily liable.
(2) If no fault or negligence on their part, or even if at
fault or negligent but insolvent, or should there be no
person having such authority or control, the insane,
imbecile, or such minor shall respond with their own
property, not exempt from execution (U.S. v. Baggay,
20 Phil. 142, 146-147).
PERSONS CIVILLY LIABLE FOR ACTS OF MINOR OVER
15 YEARS OF AGE WHO ACT WITH DISCERNMENT
(Art. 201, Child and Youth Welfare Code,
Arts. 2180 & 2182, Civil Code).
(1) Offender’s father;
(2) Mother, in case of father’s death or incapacity;
(3) Guardian, in the case of mother’s death or incapacity.
PERSONS CIVILLY LIABLE FOR ACTS COMMITTED BY
PERSONS ACTING UNDER IRRESISTIBLE FORCE OR
UNCONTROLLABLE FEAR
(1) The person using violence or causing the fear are
primarily liable.
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Criminal Law
(2) If there be no such persons, those doing the act shall
be secondarily liable.
SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS,
TAVERN KEEPERS AND PROPRIETORS OF
ESTABLISHMENTS. (ART. 102, RPC)
(1) Elements of Paragraph 1:
a. The innkeeper, tavern keeper or proprietor of
establishment or his employee committed a
violation of a municipal ordinance or some
general or special police regulation.
b. The crime committed in such inn, tavern, or
establishment.
c. The person criminally liable is insolvent or
absent.
! Concurrence of all elements makes the
innkeeper, tavern keeper or proprietor of the
establishment civilly liable.
! This liability, however, is subsidiary in nature,
hence the requisite of the offender’s insolvency.
[Reyes, p. 924]
(2) Elements of Paragraph 2:
a. The guests notified in advance the innkeeper or
the person representing of the deposit of their
goods within the inn or house.
b. The guests followed the direction of the
innkeeper or his representative with respect to
the care of and vigilance over such goods.
c. Such goods of the guests lodging therein were
taken by robbery with force upon things or theft
committed within the inn or house.
! No liability shall attach in the case of robbery
with violence against or intimidation of persons,
unless committed by the innkeeper’s employees.
! The effects of the guest be actually delivered to
the innkeeper is immaterial.
EFFECTS ON CIVIL LIABILITY
(1) Extinction of the penal action - does not carry
with it the extinction of the civil action, unless the
extinction proceeds from a declaration in a final
judgment that the fact from which the civil liability
might arise did not exist.
(2) Dismissal of the information or the action - does
not affect the right of the offended party to
institute or continue the civil action already
instituted arising from the offense since such
dismissal or extinction of the penal action does not
carry with it the extinction of the civil action.
NOTE THAT: Where the dismissal of the case
stems from the fact that the prosecution has failed
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Green Notes 2019
to prove the guilt of the accused beyond
reasonable doubt, a civil suit may be instituted,
which may demand a lesser quantum of evidence.
(3) Death of the offender - Civil liability ex-delicto is
extinguished if death of the offender happened
prior to the institution of action or prior to the
finality of judgment.
CHAPTER TWO: WHAT CIVIL LIABILITY INCLUDES
CIVIL LIABILITY INCLUDES
(1) Restitution;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages.
RESTITUTION
! Restitution of an object(s) must be made whenever
possible even when found in the possession of a third
person except when acquired by such person in any
manner and under the requirements which, by law,
bar an action for recovery.
! Art. 104 may be distinguished from Art. 38 in the sense
that Art. 38 refers to the order in which pecuniary
liabilities, among which it includes fines and the cost
of proceedings, are to be paid, whereas Art. 104 refers
to the composition of civil liability which Art. 38 calls
convicts to pay.
SCOPE OF RESTITUTION
(1) Cannot be ordered before final judgment.
(2) The liability to return an object must arise from a
criminal act, not from a contract.
(3) Can be ordered even if accused was acquitted but the
object was proved to belong to a third party.
(4) In addition to the returning of the object, the offender
must also pay an amount representing the
deterioration of diminution of value, if any.
(5) Limited to crimes against property except in: treason
cases where money was acquired; and abduction
cases where ransom was paid.
! Generally, the owner of the thing taken may
recover regardless of who is in possession of the
thing, except in cases where the third party has
acquired the same in good faith at a public
auction, (Art. 559, Civil Code) in which case, the
original owner may only recover the thing by
paying the purchase price.
REPARATION OF DAMAGES
If restitution is not possible, reparation of damages will be
ordered by the court. The court shall determine the
amount of damage while considering the price of the
object and its sentimental value to the injured party.
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Criminal Law
! If no evidence is available as to the value of the
property unrecovered, reparation cannot be made.
SCOPE OF REPARATION
Only applies to crimes against property.
INDEMNIFICATION OF DAMAGES
Indemnification includes not only those caused the injured
party, but also, those suffered by his family or a third party
by reason of the crime.
! This is considered a remedy granted to the victims of
crimes against persons.
SCOPE OF INDEMNIFICATION:
(1) Both reparation and indemnification for damages may
be claimed by the accused and his/her heirs.
(2) Contributory negligence on the part of the offended
party reduces civil liability of the offender.
(3) The obligation to make restoration or reparation for
damages and indemnification for consequential
damages devolves upon the heirs of the person liable.
The action to demand restoration, reparation or
indemnification descends to the heirs of the person
injured.
COMPUTING LOSS OF THE VICTIM’S
EARNING CAPACITY
Net Earning Capacity = Life Expectancy x (Gross
Annual Income – Living Expenses)
! Life Expectancy = 2/3 x (80-age of the deceased at
the time of death)
! Gross Annual Income = Monthly Earnings x Number
of Months
! Living Expenses = In the absence of proof, 50% of
Gross Annual Income. [People vs. Lara]
CHAPTER THREE: EXTINCTION AND SURVIVAL OF
CIVIL LIABILITY
CIVIL LIABILITY IS EXTINGUISHED BY:
(1) Payment or performance;
(2) Loss of the thing due;
(3) Condonation or remission of the debt;
(4) Confusion or merger of the rights of the creditor and
debtor;
(5) Compensation;
(6) Novation;
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(7) Other cause of extinguishment of obligations, such as

annulment, rescission, fulfilment of a resolutory
condition and prescription.

General Rule: Civil liability in criminal cases is not

extinguished by the loss of the object due to reparation will
be ordered by the court in such cases.

Exception: The offender shall continue to be obliged to

satisfy the civil liability arising from the crime committed
by him.

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CRIMES AGAINST NATIONAL SECURITY

AND THE LAW OF NATIONS

CHAPTER ONE: Crimes Against National Security

Section 1: Crimes against Security
Art. 114. Treason
Art 115.Conspiracy and Proposal to Commit Treason
Art 116. Misprision of Treason
Art 117. Espionage
Section 2: Crimes against the Law of Nations
Art. 118. Inciting to war or giving motives for reprisals
Art. 119. Violation of neutrality
Art. 120. Correspondence with hostile country
Art. 121. Flight to enemy’s country
Section 3: Piracy and mutiny on the high seas in
Philippine waters
Art. 122. Piracy in general and mutiny on the high seas
or in Philippine waters
Art. 123. Qualified Piracy

CRIMINAL LAW II Crimes under this title can be prosecuted even if the
criminal act(s) were committed outside the Philippine
territorial jurisdiction. Provided, that the offender is within
Philippine territories or brought to the Philippines
pursuant to an extradition treaty.

However, when the crimes committed are Crimes against

the Law of Nations (Art. 118, 119, 120, 121, 122, and 123), the
offender can be prosecuted wherever he may be found
because these crimes are regarded as committed against
humanity in general.

CHAPTER ONE: CRIMES AGAINST

NATIONAL SECURITY

SECTION 1: CRIMES AGAINST SECURITY

ART. 114. TREASON

TREASON
A breach of allegiance to government, committed by a
person who owes allegiance to it.

ALLEGIANCE
An obligation of fidelity and obedience which the
individuals owe to the government under which they live
or to their sovereign, in return for the protection they
receive.

ELEMENTS OF TREASON
(1) Offender is a Filipino citizen or an alien residing in the
Philippines.
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(2) There is war in which the Philippines is involved.
(3) Offender either –
A. Levies war against the government:
i. Actual assembling of men
ii. For the purpose of executing a
treasonable design by force
B. Adheres to the enemies and gives them aid or
comfort.
i. Adherence to the enemy – there is
intent to betray
ii. Adherence and aid or comfort –
performance of an act which
strengthens the enemy
MODE 1: LEVYING WAR
Elements:
(a) Offender is a Filipino or resident alien
(b) There is a war in which the Philippines is involved
(c) The offender levies war against the government
There must be an actual assembling of men. The mere
acceptance of the commission from the secretary of war
of the Katipunan by the accused, nothing else having been
done, was not an overt act of treason within the meaning
of the law. (U.S. vs. De los Reyes)
The levying of war must be directed against the
government. It must be with intent to overthrow the
government as such, not merely to resist a particular
statute or to repel a particular officer. (Reyes, 2012, citing
3 Wharton’s Criminal Law, 12th Ed.)
The levying of war must be in collaboration with a foreign
enemy. If the levying of war is merely a civil uprising,
without any intention of helping an external enemy, the
crime is not treason. The offenders may be held liable for
rebellion under Art. 135 in relation to Art. 134 of the RPC.
MODE 2: ADHERENCE TO THE ENEMY AND GIVING
AID OR COMFORT
Elements:
(a) Offender is a Filipino or resident alien
(b) There is a war in which the Philippines is involved
(c) That the offender adheres to the enemies, giving
them aid or comfort
Adherence and giving aid or comfort must concur.
• Adherence to the enemy means there is an intent to
betray. There is adherence to the enemy when a
citizen intellectually or emotionally favors the enemy
and harbors sympathies or convictions disloyal to his
own country’s policy or interest.
• Aid or comfort means an act which strengthens or
tends to strengthen the enemy in the conduct of war
Lasallian Commission on Bar Operations
Criminal Law
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 vs. US)
When there is no adherence to the enemy, the act which
may do aid or comfort to the enemy does not amount to
treason. (Reyes, 2012)
Proving adherence
(1) By one witness
(2) From the nature of the act itself
(3) From the circumstances surrounding the act
Specific Acts of Aid or Comfort
(1) Serving as informer and active member of Japanese
Military police
(2) Serving in the Japanese Army as agent or spy and
participating in raids
(3) Acting as “finger women” (People vs Nunez)
(4) Taking active part in the mass killings of civilians
by the Japanese soldiers by personally tying the
hands of the victims
(5) Giving information to, or commandeering
foodstuffs for the enemy
WAYS OF PROVING TREASON
(1) Testimony of at least 2 witnesses to the same overt
act; or
(2) Confession of the accused in open court (judicial
confession)
● The defendant should be acquitted if only one of
the two witnesses is believed by the court.
● It is sufficient that the witnesses are uniform in
their testimony on the overt act; it is not
necessary that there be corroboration between
them on the point they testified.
● Extrajudicial confession or confession made
before the investigators is not sufficient to
convict a person of treason.
AGGRAVATING CIRCUMSTANCES IN TREASON
(1) Cruelty (barbarous forms of torture before putting
them to death) and Ignominy
(2) Rape, wanton robbery for personal gain, brutality
● Defense of suspended allegiance and change of
sovereignty is not accepted.
● Defense of obedience to a de facto Government
is a good defense.
● General Rule: Defense of loss of citizenship by
joining the army of the enemy, cannot protect
him from punishment
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Exception: If the fear of immediate death forced
him to join the army.
NOTE:
● No complex crime of treason with murder, physical
injuries, etc. (People vs Prieto)
● There is no attempted treason, mere attempt only
already consummates the crime.
● Treason is a wartime crime, therefore, cannot be
committed in time of peace.
● In treason by levying war, it is not necessary that
there be a formal declaration of the existence of a
state of war. (US vs. Lagnason)
● Treason by Filipino citizen can be committed
outside of the Philippines. Treason by an alien must
be committed in the Philippines.
● Treason is a continuous crime thus the offender
can still be prosecuted even when the war has
ended.
ART. 115. CONSPIRACY AND PROPOSAL
TO COMMIT TREASON
ELEMENTS OF CONSPIRACY TO COMMIT TREASON
a. In time of war
b. There are two or more persons
c. Such persons come to an agreement:
i. To levy war against the government; or
ii. To adhere to the enemies and give them aid
or comfort
d. They decide to commit the agreement
ELEMENTS OF PROPOSAL TO COMMIT TREASON
a. In time of war
b. A person who has decided to levy war against the
government or adhere to enemies and give them
aid and comfort
c. Proposes its execution to some other person or
persons
General rule: Conspiracy and proposal to commit a felony
is not punishable under Article 8.
Exception: Under Article 115, mere conspiracy or proposal
to commit treason is punishable. This is because, in
treason, the very existence of the state is endangered.
(Reyes, 2012)
The two-witness rule does not apply to conspiracy or
proposal to commit treason because this is a separate and
distinct offense from that of treason. (US vs. Bautista)
Lasallian Commission on Bar Operations
Criminal Law
ART. 116. MISPRISION OF TREASON
“MISPRISION OF TREASON” An act of concealing or not
disclosing knowledge of any conspiracy to commit
treason.
ELEMENTS OF MISPRISION OF TREASON
(1) Offender owes allegiance to the Government, and is
not a foreigner;
(2) He has knowledge of conspiracy to commit treason
against the Government;
(3) 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.
NOTE:
• It can only be committed by a Filipino citizen and
during a war in which the Philippines is involved.
• The offender is punished as an accessory to
Treason but principal in the crime of Misprision of
Treason
• There are persons who conspire to commit treason
and the offender knew this and failed to make the
necessary report to the government within the
earliest possible time.
• Art. 116 does not apply when treason has already
been committed by someone and the accused does
not report the commission to the authorities.
• “To report within a reasonable time” depends on
time, place and circumstance.
• Article 116 is an exception to the rule that mere
silence does not make a person criminally liable.
(US vs. Caballeros)
ART. 117. ESPIONAGE
ESPIONAGE
An 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 Philippines or to the advantage of any foreign nation.
TWO WAYS OF COMMITTING ESPIONAGE
(1) Entering, without authority, a warship, fort or naval
or military establishment or reservation to obtain any
information, plans, photographs or other data of a
confidential nature relative to the defense.
Elements:
a. Offender enters a warship, fort, etc.
b. He has no authority to do so.
c. For the purpose of obtaining any information,
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plans, photos, and other confidential data.
o If the accused has no such intention, he
is not liable.
o It is not necessary that the information,
etc. is obtained. It is sufficient that the
offender has the purpose to obtain them.
o Offender may be a private person or a
public officer, citizen or foreigner.
(2) Disclosing to the representative of a foreign nation
the contents of article, data or information which
offender has in his possession by reason of his public
office.
Elements:
a. Offender is a public officer.
b. He has in his possession articles, data, etc. by
reason of his public office.
c. He discloses their contents to a representative
of a foreign nation.
o It is not necessary that the information
is obtained (Intent is sufficient).
NOTE: Under paragraph 1, the offender may be any person,
but under paragraph 2, the offender must be a public
officer who has in his possession the information by reason
of the public office he holds.
ESPIONAGE TREASON
ART. 117 ART. 114
Not conditioned on the citizenship of the offender
May be committed
Committed only in times of
both in times of war
and in times of peace
war
Limited only to two ways of
committing the crime: levying
May be committed in
of war and adhering to the
many ways
enemy giving him aid or
comfort
SECTION 2: CRIMES AGAINST LAW OF
NATIONS
ART. 118 INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
ELEMENTS
(1) Offender performs unlawful or unauthorized acts;
(2) The acts provoke or give occasion for:
a. A war involving or liable to involve the
Philippines; or
b. Expose Filipino citizens to reprisals on their
persons or property
Lasallian Commission on Bar Operations
Criminal Law
NOTE:
● Intent is immaterial.
● It must be committed in time of peace.
● Penalty is higher when committed by a public
officer or employee.
● The intention of the offender is immaterial. The law
considers the effects produced by the acts of the
accused. (Reyes, 2012l citing Albert)
ART. 119. VIOLATION OF NEUTRALITY
NEUTRALITY
When a nation or power takes no part in a contest of arms
going on between others it is referred to as neutral.
There must be regulation issued by competent authority
for the enforcement of neutrality.
ELEMENTS
a. There is a war in which the Philippines is not
involved.
b. There is a regulation issued by competent
authority for the purpose of enforcing neutrality.
NOTE: Competent authority includes the
President of the Philippines, Secretary of
National Defense, or the Chief of Staff of the AFP.
c. Offender violates such regulation.
ART. 120. CORRESPONDENCE WITH
HOSTILE COUNTRY
CORRESPONDENCE
A communication by means of letters; or it may refer to
letters which pass between those who have friendly or
business relations.
ELEMENTS
a. Time of war in which the Philippines is involved;
b. Offender makes correspondence with an enemy
country or territory occupied by enemy troops;
and
c. Correspondence is either –
i. Prohibited by the government;
ii. Carried on in ciphers or conventional signs;
iii. Containing notice or information which
might be useful to the enemy.
It is still punishable even if the correspondence contains
innocent matters, as long as correspondence has been
prohibited by the government.
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QUALIFYING CIRCUMSTANCES UNDER INSTANCE 3 - ELEMENTS

THE FOLLOWING MUST CONCUR:
(1) That the notice or information might be useful to
the enemy; and
(2) That the offender intended to aid the enemy.
NOTE: If the offender intended to aid the enemy by giving
such notice or information, the crime amounts to treason;
hence, the penalty is the same as that for treason.
ART. 121. FLIGHT TO ENEMY’S COUNTRY
ELEMENTS
a. Vessel is on the high seas or in Philippine Waters;
NOTE: High seas may mean within the territory of
another country (People vs. Lol-lo, et al., 43 Phil 19)
b. Piracy: Offenders are non-members of its
complement or non-passengers of the vessel;
Mutiny: Offenders are members of the crew or
passengers; and
c. Offenders either:
i. Attack or seize the vessel;
ii. Seize the whole or part of the cargo of the
said vessel, its equipment or personal
belongings of its complement or passengers.

a. There is war in which the Philippines is involved. PIRACY MUTINY

b. Offender owes allegiance to the Government. Persons who attack the
c. Offender attempts to flee or go to enemy country. vessel or seize its cargo are
d. Going to enemy country is prohibited by strangers to said vessels
competent authority.
Intent to gain is essential.
NOTE: An alien resident may be guilty of flight to enemy
country. The law does not say “not being a foreigner.”
Hence, the allegiance contemplated in this article is either
natural or temporary allegiance. (Reyes, 2008) Robbery or forcible
degradation on the high
SECTION 3: PIRACY AND MUTINY ON seas, without lawful
THE HIGH SEAS IN PHILIPPINE WATERS authority and done with
animo furandi and in the
spirit and intention of
Art. 122. PIRACY
universal hostility
Persons who attack the
vessel or seize its cargo are
members of the crew or
passengers
In mutiny, the intention is
to ignore the ship’s officer
or desire to commit
plunder.
Unlawful resistance to a
superior officer, or the
raising of commotion and
disturbances on board a
ship against the authority of
its commander

PIRACY
SEE ALSO: P.D NO. 532 (PIRACY BY ANY PERSON)
The Robbery or forcible depredation on the high seas,
Piracy is defined as any attack upon or seizure of any
without lawful authority and done with animo furandi and
vessel, or the taking away of the whole or part thereof or
in the spirit and intention of universal hostility.
its cargo, equipment, or the personal belongings of its
complement or passengers, irrespective of the value
HIGH SEAS
thereof by means of violence against or intimidation of
Any waters on the sea coast which are without the
persons or force upon things, committed by any person,
boundaries of low-water mark, although such waters may
including a passenger or member of the complement of
be in the jurisdictional limits of a foreign government.
said vessel.

MUTINY
Piracy is considered an act of Terrorism when it sows or
The unlawful resistance to a superior officer or the raising
creates a condition of widespread and extraordinary fear
of commotions and disturbances on board a ship against
and panic among the populace, in order to coerce the
the authority of its commander.
government to give in to an unlawful demand.
2 WAYS OF COMMITTING PIRACY

ART. 123. QUALIFIED PIRACY

(1) By attacking or seizing a vessel on the high seas or
in the Philippine waters (PD 532)
ELEMENTS
(2) By seizing the whole or part of the cargo of said
vehicles, its equipment or personal belongings of
a. The vessel is on the high seas or Philippine waters;
its complement or passengers
b. Offenders may or may not be members of its
complement, or passengers of the vessel;
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c. Offenders either:
i. Attack or seize the vessel; or
ii. Seize the whole or part of its cargo, its
equipment, or personal belongings of its
crew or passengers.
d. The preceding was committed under any of the
following circumstances:
i. Whenever they have seized a vessel by
boarding or firing upon the same;
ii. Whenever the pirates have abandoned their
victims without means of saving themselves;
or
iii. Whenever the crime is accompanied by
murder, homicide, physical injuries or rape.
ACTS QUALIFYING PIRACY
(1) Boarding or firing upon the vessel;
(2) Abandonment of victims without means of saving
themselves; or
(3) Crime is accompanied by murder, homicide,
physical injuries or rape (regardless of number of
victims)
Murder, rape, homicide, and physical injuries are mere
circumstances qualifying piracy and cannot be punished as
separate crimes, nor can they be complexed with piracy.
Any person who aids or protects pirates or abets the
commission of piracy shall be considered an accomplice:
(1) Giving information about the movement of police;
(2) Acquires or receives property taken by such
pirates or in any manner derives benefit therefrom.
SEE ALSO: RA 7659
Piracy in general and mutiny on the high seas or in
Philippine waters. — The penalty of reclusion perpetua
shall be inflicted upon any person who, on the high seas,
or in Philippine waters, shall attack or seize a vessel or, not
being a member of its complement nor a passenger, shall
seize the whole or part of the cargo of said vessel, its
equipment or passengers.
The same penalty shall be inflicted in case of mutiny on the
high seas or in Philippine waters.
All offenses under this title can ONLY be committed by
public officers, except:
(1) Offending the religious feelings under Article 133;
(2) Or when he conspires with a public officer; or
(3) When he becomes an accomplice or accessory to
said crimes.
Lasallian Commission on Bar Operations
Criminal Law
CRIMES AGAINST FUNDAMENTAL
LAWS OF THE STATE
CHAPTER ONE: Arbitrary Detention or Expulsion,
Violation of Dwelling, Prohibition, Interruption,
and Dissolution of Peaceful Meetings and
Crimes Against Religious Worship
Section 1: Arbitrary detention and Expulsion
Art.124: Arbitrary detention
Art.125: Delay in the delivery of detained persons to
the proper judicial authorities
Art.126: Delaying release
Art.127: Expulsion
Section 2: Violation of domicile
Art.128: Violation of domicile
Art.129: Search warrants maliciously obtained and
abuse in the service of those legally obtained
Art.130: Searching domicile without witnesses
Section 3: Prohibition, interruption, and dissolution
of peaceful meetings
Art.131: Prohibition, interruption, and dissolution of
peaceful meetings
Section 4; Crimes against religious worship
Art. 132: Interruption of religious worship
Art. 133: Offending religious feelings
CHAPTER ONE: ARBITRARY DETENTION
OR EXPULSION, VIOLATION OF
DWELLING, PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETINGS
SECTION 1: ARBITRARY DETENTION
AND EXPULSION
ART. 124. ARBITRARY DETENTION
ELEMENTS
a. Offender is a public officer or employee with
authority to detain or order detention;
b. He detains a person; and
c. The detention is without legal grounds as:
i. No crime was committed by the detained;
ii. There is no violent insanity of the detained
person; and
iii. The person detained has no ailment which
requires compulsory confinement in a hospital.
DETENTION
Actual confinement of a person in an enclosure, or, in any
manner, detaining and depriving him of his liberty.
The detention of a person is without legal ground when:
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(1) When he has not committed any crime or, at least, ART. 125. DELAY IN THE DELIVERY OF
there is no reasonable ground for suspicion that he
DETAINED PERSONS TO THE PROPER
has committed a crime; or
(2) When he is not suffering from violent insanity or JUDICIAL AUTHORITIES
any other ailment requiring compulsory
confinement in a hospital. DELAY IN DELIVERY
Detaining for more than the period allowed by law without
NOTE: filing a charge, of a person lawfully arrested without
● Public officer one acting within the bounds of his warrant.
official authority or function.
● Not all public officers can commit it the crime. The crime is committed when there is a delay in the filing
Only those public officers whose official duties of the complaint or information against the person
carry with it the authority to make an arrest and arrested with the corresponding Court, and NOT the
detain persons can be guilty of this crime. physical delivery of the person arrested to the Judge or
Court. (Sayo v. Chief of Police)
Cause of arbitrary detention: Warrantless Arrest:
(1) In the presence of the peace officer, the person to be ELEMENTS
arrested has committed, is actually committing, or is
attempting to commit an offense; a. Offender is a public officer;
(2) An offense has just been committed and the peace b. He detains a person for some legal ground; and
officer has probable cause to believe based on c. He fails to deliver such person to the proper
personal knowledge of facts or circumstances that judicial authorities within:
the person to be arrested has committed it; or i. 12 hours for light penalties.
(3) the person to be arrested is a prisoner who has ii. 18 hours for correctional penalties.
escaped from a penal establishment or place where iii. 36 hours for afflictive or capital penalties.
he is serving final judgment or temporarily confined
while his case is pending or has escaped while being Circumstances considered in determining liability of
transferred from one confinement to another. officer detaining a person beyond legal period
(1) Means of communication;
ARBITRARY ILLEGAL UNLAWFUL (2) Hour of arrest;
DETENTION DETENTION ARREST (3) Other circumstances such as the time of surrender
ARTICLE 124 ARTICLE 267 ARTICLE 269 and the material possibility for the fiscal to make
Public officer Private person Any person the investigation and file in time the necessary
who has OR
information. (Sayo vs Chief Police)
authority to Public officer
make arrests acting in private
and detain capacity/ beyond NOTE:
persons the scope of his • Nighttime and holidays are not included in the
official duty computation of the period.
Denies the Denies the Accuses the • When a judge is unavailable, and the maximum
offender his offender his offended party of
hours have prescribed, the officer is duty-bound to
liberty liberty a crime he did
not commit release the detainee.
• Art. 125 does not apply when the arrest is by
Delivers him to warrant of arrest.
proper authority • If the offender is a private person, the crime is
and files the Illegal Detention.
necessary
charges to
incriminate him DELAY IN THE DELIVERY OF
ARBITRARY
DETAINED PERSONS TO THE
DETENTION
JUDICIAL AUTHORITIES
ARTICLE. 124
Arbitrary detention can be committed through ARTICLE. 125
imprudence. Detention is Detention is legal from the
illegal from the beginning, but becomes illegal
beginning due to the failure to deliver to
proper authorities

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ART. 126: DELAYING RELEASE
ACTS PUNISHED
(1) Delaying the performance of a judicial or executive
order for the release of a prisoner;
(2) Unduly delaying the service of the notice of such
order to said prisoner; or
(3) Unduly delaying the proceedings upon any petition
for the liberation of such person.
ELEMENTS
a. Offender is a public officer or employee;
b. 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; and
c. Offender, without good reason, delays the –
i. Service of the notice of such order to the
prisoner;
ii. Performance of such judicial or executive
order for the release of the prisoner; or
iii. Proceedings upon a petition for the release
of such person.
Most likely committed by Wardens and Jail Guards and
Police Officers who oversee the custody of the prisoners.
ART. 127: EXPULSION
ELEMENTS
a. Offender is a public officer;
b. He commits any of the two acts:
a. Expels any person from the Philippines; or
b. Compels a person to change his residence;
c. Offender is not authorized by law to do so.
NOTE:
● Offended party may be a Filipino or a foreigner.
● Only the President of the Republic of the
Philippines has the power to deport aliens.
● Only the Court, by final judgment, can order a
person to change his residence.
SECTION 2: VIOLATION OF DOMICILE
ART. 128. VIOLATION OF DOMICILE
ACTS PUNISHED
(1) Entering any dwelling against the will of the owner;
Lasallian Commission on Bar Operations
Criminal Law
(2) Searching papers or other effects found therein,
without the previous consent of such owner;
(3) Refusing to leave the premises, after
surreptitiously entering said dwelling and after
having been required to leave the same.
ELEMENTS
a. Offender is a public officer or employee.
b. He commits any of the 3 acts punished
c. He is not authorized by judicial order to enter the
dwelling or to make a search therein for papers or
other elements.
CIRCUMSTANCES QUALIFYING THE OFFENSE
(1) Offense is committed at nighttime.
(2) Papers or effects not constituting evidence of a
crime not be returned immediately.
NOTE:
• Authorized by judicial order means armed with a
search warrant.
• If the public officer has stealthily entered the
dwelling and when discovered immediately went
out of the same, he is not liable. However, if he is
required to leave and he refuses to do so, he
becomes liable.
• No liability if officer, having given notice of arrest,
breaks into a premise after a person to be arrested
enters the said premise and closes it.
§ Reason: “while it may be true in general that
a ‘man’s house is his castle,’ it is equally true
that he may not use that castle as a citadel for
aggression against his neighbors, nor can he,
within its walls, create such disorder as to
affect peace.” (US vs Vallejo)
ART. 129. SEARCH WARRANTS
MALICIOUSLY OBTAINED AND ABUSE IN
THE SERVICE OF THOSE LEGALLY
OBTAINED
ACTS PUNISHED
(1) Procuring a search warrant without just cause
Elements:
a. offender is a public officer
b. he procured a search warrant
c. there is no just cause
(2) Exceeding authority by using unnecessary severity in
executing a search warrant legally produced
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Elements: ART. 130. SEARCHING DOMICILE

a. offender is a public officer or employee
WITHOUT WITNESSES.
b. he has legally procured a search warrant
c. he exceeded his authority or used
ELEMENTS
unnecessary severity in executing the same

a. Offender is a public officer;

SEARCH WARRANT
b. He is armed with a legally procured search warrant;
An order in writing issued in the name of the People of the
c. He searches the domicile, papers and other
Philippines, signed by a judge directed to a public officer,
belongings of any person; and
commanding him to search for personal property
d. The owner, or the member of his family, or 2
described therein and bring it before the court
witnesses residing in the same locality are not
present.
PROCEDURE FOR SECURING A SEARCH WARRANT

INSTANCE WHEN OFFICER MAY BREAK OPEN ANY

(1) Application is made by a police officer based on
OUTER OR INNER DOOR OR WINDOW OF A HOUSE OR
personal knowledge of a crime committed in a
ANY PART OF A HOUSE OR ANYTHING THEREIN WHEN
specific place.
● Must specify the offense, place, and things to
be seized (1) He is refused admittance to the place of directed
● Property to be seized: search;
a. Subject of the offense, (2) His purpose is to execute the warrant to liberate
himself or any person lawfully aiding him when
b. Proceeds, fruits, or things used to commit OR
unlawfully detained therein; and
c. Intended to be used as the means of
(3) He has given notice of his purpose and authority.
committing the offense.
(2) Judge makes personal determination of PROBABLE
CAUSE after examination of complainant and other NOTE: This article only applies to lawfully obtained search
witnesses. warrants.
(3) Officer brings 2 witnesses of sufficient age
(4) Conducts the search
a. Usually daytime
SECTION 3: PROHIBITION,
b. Must be conducted without force, except if the INTERRUPTION, AND DISSOLUTION OF
owner prevents entry or officer is refused PEACEFUL MEETINGS
admittance after giving notice of his purpose
and authority, or he and his aides are ART. 131. PROHIBITION,
unlawfully detained in the house (may break INTERRUPTION AND DISSOLUTION OF
open door or window or any part of a house).
PEACEFUL MEETINGS
(5) Officer issues a detailed receipt of property seized;
must be signed by the owner or employees.
(6) Officer delivers inventory and property seized to the ELEMENTS
judge.
(7) Delivery of evidence of seizure (photographs, a. Offender is a public officer;
documents, reports). NOTE: If offender is a private individual, the crime
is punished under Art 153: Tumults and other
EXCEPTIONS TO REQUIREMENT OF A SEARCH disturbances of public order
WARRANT b. Commits any of the following acts:
i. Prohibit or interrupt or dissolve the holding of
a peaceful meeting, without any legal ground.
(1) Search incidental to a lawful arrest;
ii. Hinder any person from joining any lawful
(2) Search of moving vehicles;
association or attending any of its meetings.
(3) Evidence in plain view;
iii. Prohibit or hinder any person from addressing
(4) Stop and frisk;
(alone or with others) any petition to the
(5) Customs searches (vessels and aircraft); or
authorities for the correction of abuses or
(6) Consented warrantless searches
redress of grievances.

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If a public officer disrupts a religious gathering, but the faithful, directed against religious tenet
circumstances do not fall under Interruption of Religious
Worship or Offending Religious Feelings, the crime may be DETERMINATION OF WHETHER AN ACT IS
interruption or dissolution of peaceful meetings. NOTORIOUSLY OFFENSIVE:

If in the course of the assembly which started out
peacefully, participants commit illegal acts like oral
defamation or inciting to sedition.
Two criteria to determine whether this article would be
violated:
(1) Dangerous tendency rule – applied during times of
national unrest such as to prevent coup d’état.
(2) Clear and present danger rule – applied during
times of peace. Stricter rule.
(1) Determined in view of the nature of the acts
committed and after scrutiny of all facts and
circumstances, and would not hinge on the
subjective characterization of the act from the point
of view of the religious denomination or sect. (People
vs. Tengson)
(2) Offense to feelings is judged from complainant’s
point of view, not from the offender. (People vs. Baes)
(3) Act must be intentionally done to offend. (People vs.
Nanoy)

SECTION 4: CRIMES AGAINST INTERRUPTION PROHIBITION, TUMULTS AND

RELIGIOUS WORSHIP OF RELIGIOUS INTERRUPTION, OTHER
WORSHIP DISSOLUTION OF DISTURBANCES
ART. 132. INTERRUPTION OF ARTICLE 132 PEACEFUL ARTICLE 153
MEETINGS
RELIGIOUS WORSHIP
ARTICLE 131
Public Officer Public Officer Private Person
ELEMENTS Prevents or Prohibits, Interrupts or
disturbs interrupts or disturbs
a. Offender is a public officer or employee. religious dissolves a performances,
b. Religious ceremonies or manifestations of any ceremonies and peaceful meeting functions or
religion are about to take place or are going on. manifestations without legal gatherings or
c. Offender prevents or disturbs the same. ground peaceful meetings
(not included in 131
EXAMPLES OF RELIGIOUS WORSHIP: Mass, baptism, and 132)
marriage
Creates a serious
disturbance in a
QUALIFYING CIRCUMSTANCE: if the crime is committed
public place, office
with violence or threats.
or establishment

ART. 133. OFFENDING THE RELIGIOUS OFFENDING

UNJUST VEXATION
FEELINGS RELIGIOUS FEELINGS
ARTICLE 133

ELEMENTS Act done is notoriously Any act committed without

offensive to the faithful violence, but which unjustifiably
annoys or vexes an innocent person
a. Acts complained of were performed either -
amounts to light coercion
i. A place devoted to religious worship;
Done with Intent to Committed against one specific
ii. During the celebration of any religious
offend the feelings of person
ceremony the faithful
b. Acts are notoriously offensive to the feelings of the
faithful
NOTE: NOTORIOUSLY OFFENSIVE - Acts
directed against religious practice or dogma or
ritual for the purpose of mocking or scoffing at or
attempting to damage an object of religious
veneration. (People vs. Mandoriao)
c. Offender is any person
d. There is deliberate intent to hurt the feelings of the
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CRIMES AGAINST PUBLIC ORDER Art. 160. Commission of Another Crime During Service
of Penalty Imposed for Another Previous Offense
CHAPTER ONE: Rebellion, Coup d’etat, Sedition
and Disloyalty CHAPTER ONE: REBELLION, COUP
Section 1: Arbitrary detention and Expulsion D’ETAT, SEDITION AND DISLOYALTY
Art. 134. Rebellion or Insurrection
Art. 134-A. Coup d’etat
Art. 135. Penalty for Rebellion, Insurrection or Coup SECTION 1: ARBITRARY DETENTION AND
d’etat EXPULSION
Art. 136. Conspiracy and Proposal to Commit Coup
d’etat, Rebellion or Insurrection
Art. 137. Disloyalty of Public Officers or Employees ART. 134. REBELLION OR INSURRECTION;
Art. 138. Inciting to Rebellion or Insurrection HOW COMMITTED
Art. 139. Sedition
Art. 140. Penalty for Sedition
DEFINITION
Art. 141. Conspiracy to Commit Sedition
Art. 142. Inciting to Sedition
CHAPTER TWO: Crimes against popular “REBELLION” A crime of masses, a vast movement of men
representation and a complex net of intrigues and plots where the object
Section 1: Crimes against legislative bodies sand of the movement is completely to overthrow and
similar bodies supersede the existing government.
Art. 143. Acts Tending to Prevent the Meeting of the
Assembly
“INSURRECTION” A movement which seeks merely to
Art. 144. Disturbance of Proceedings
effect some change of minor importance, or to prevent the
Section 2: Violation of Parliamentary Immunity
Art. 145. Violation of Parliamentary Immunity exercise of government authority with respect to
CHAPTER THREE: Illegal Assemblies and particular matters or subjects.
Associations
Art. 146. Illegal Assemblies “TERRORISM” When a person commits rebellion or
Art. 147. Illegal Associations insurrection sowing and creating a condition of
CHAPTER FOUR: Assault upon, and resistance and widespread and extraordinary fear and panic to coerce the
disobedience to persons in authority and their
government to give in to an unlawful demand.
agents
Art. 148. Direct Assaults
ELEMENTS
Art. 149. Indirect Assaults
Art. 150. Disobedience to summons issued by the
National Assembly, its committee or subcommittees, by a. There must be a public uprising and taking up arms
the Constitutional Commissions, its committees, against the Government;
subcommittees or divisions b. Purpose of the uprising is political, either:
Art. 151. Resistance and Disobedience to a Person in i. To remove from the allegiance to said
Authority or the Agents of Such Person Government or its laws:
Art. 152. Persons in Authority and Agents in Authority
● Territory of the Philippines or any part
CHAPTER FIVE: Public Disorders
thereof;
Art. 153. Tumults and Other Disturbances of Public ● Any body of land, naval or other armed
Order – Tumultuous Disturbance or Interruption Liable
forces.
to Cause Disturbance
Art. 154. Unlawful Use of Means of Publication and ii. To deprive the Chief Executive or Congress,
Unlawful Utterances wholly or partially, any of their powers or
Art. 155. Alarms and Scandals prerogatives.
Art. 156. Delivering Prisoners from Jail
CHAPTER SIX: Evasion of Service of Sentence REBELLION TREASON
Art. 157. Evasion of Service of Sentence ARTICLE 134 ARTICLE 114
Art. 158. Evasion of Service of Sentence on the Occasion Levying of war during Levying of war wen
of Disorders, Conflagrations, Earthquakes, or Other
time of peace performed to aid
Calamities
Art. 159. Other cases of Evasion of Service of Sentence Always involves the Done by mere adherence
CHAPTER SEVEN: Commission of another crime taking up of arms to the enemy giving him
during service of penalty imposed for another aid or comfort
previous offense NOTE:
• Hernandez Ruling (1956): Rebellion cannot be
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complexed with other crimes, such as murder and
arson. Rebellion in itself would include and absorb
the said crimes.
§ Common crimes involving killings or
destruction or property, even though
committed by rebels in furtherance of
rebellion shall bring about the complex crimes
of rebellion with murder/homicide, or
rebellion with robbery, or rebellion with arson
• Enrile v. Salazar (1990): Expanded the Hernandez
doctrine to prohibit the complexing of rebellion
with other common crimes committed, both in
furtherance of and on the occasion of rebellion.
• Rebellion is a crime of masses. There must be
public uprising and the taking up of arms.
• Mere giving of aid or comfort is not criminal in the
case of rebellion. Merely sympathizing is not
participation, there must be actual participation.
• A private crime may be committed during
rebellion. Examples: killing, possessions of
firearms, illegal association are absorbed.
However, Rape, even if not in furtherance of
rebellion CANNOT be complexed.
• If killing, robbing was done for private purposes or
for profit, without any political motivation, the
crime would be separately be punished and would
not be embraced by rebellion (People vs Fernando).
PERSON DEEMED LEADER OF REBELLION
IN CASE HE IS UNKNOWN:
Any person who in fact:
(1) directed the others;
(2) spoke for them;
(3) signed receipts and other documents issued in
their name;
(4) performed similar acts on behalf of the rebels.
PERSONS LIABLE FOR REBELLION:
Any person who
(1) promotes;
(2) maintains; or
(3) heads a rebellion or insurrection; or
Any person who, while holding any public office or
employment, takes part therein by:
(1) engaging in war against the forces of the
government;
(2) destroying property or committing serious
violence;
(3) exacting contributions or diverting public funds
from the lawful purpose for which they have
been appropriated.
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ART. 134-A: COUP D’ ETAT
ELEMENTS
a. Offender is a person or persons belonging to –
i. the military or police; or
ii. holding any public office or employment;
b. Committed swift attack, accompanied by violence,
intimidation, threat, strategy or stealth;
c. Directed against:
i. duly constituted authorities;
ii. any military camp or installation;
iii. communication networks or public utilities,
other facilities needed for the exercise and
continued possession of power.
d. Singly or simultaneously carried out anywhere in the
Philippines;
e. Purpose of seizing or diminishing state power;
f. With or without civilian support or participation.
ART. 135. PENALTY FOR REBELLION,
INSURRECTION OR COUP D'ETAT
PERSONS LIABLE FOR REBELLION, INSURRECTION OR
COUP D' ETAT
(1) THE LEADERS:
a. Any person who promotes, maintains or heads
a rebellion or insurrection; or
b. Any person who leads, directs or commands
others to undertake a coup d' etat;
c. In the absence of known leaders, any person
who in fact directed the others, spoke for
them, signed receipts and other documents
issued in their name, as performed similar acts,
on behalf or the rebels.
(2) THE PARTICIPANTS:
a. Any person who participates or executes the
commands of others in rebellion, insurrection
or coup d' etat;
b. Any person not in the government service who
participates, supports, finances, abets or aids
in undertaking a coup d' etat.
(3) PRIVATE INDIVIDUALS supports, finances, abets or
aids in undertaking a coup d’etat.
ART. 136. CONSPIRACY AND PROPOSAL
TO COMMIT COUP D’ ETAT, REBELLION
OR INSURRECTION.
CONSPIRACY TO COMMIT REBELLION: when two or
more persons come to an agreement to rise publicly and
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take arms against the government for any of the purposes another has decided to
specified and decide to commit it. commit rebellion himself

PROPOSAL TO COMMIT REBELLION: when a person who

Proposal usually done The act of inciting is
has decided to rise publicly and take arms against the
privately (only between done publicly by means
government for any of the purposes specified, proposes its
the one who proposes and of speeches,
execution to another person.
another) or via secret proclamations, writings
means
ART. 137. DISLOYALTY OF PUBLIC
OFFICERS OR EMPLOYEES. Umil v. Ramos
The crimes of rebellion, subversion, conspiracy or
ELEMENTS proposal to commit such crimes constitute direct assaults
against the State and are in the nature of continuing
a. Existence of rebellion; crimes. The arrest of persons involved in these crimes is
b. Offender must be a public officer or employee; and more an act of capturing them in the course of an armed
c. Offender commits any of the following acts: conflict, to quell the rebellion, than for the purpose of
i. fails to resist a rebellion by all means in their immediately prosecuting them in court for a statutory
power; offense.
ii. continues to discharge the duties of their
office under the control of the rebels; or The absence of a judicial warrant is no legal impediment to
iii. accepts an appointment to office under the arresting or capturing persons committing overt acts of
rebels. violence against government forces, or any other milder
NOTE: acts but equally in pursuance of the rebellious movement.
• The crime presupposes the existence of rebellion The arrest is thus impelled by the exigencies of the
situation that involves the very survival of society and its
• Offender must be a public officer or employee and
government and duly constituted authorities.
there must be a rebellion to be resisted.
• Offender must not be in conspiracy with the rebels
The act of urging all drivers and operators to go on
or coup plotters
nationwide strike to force the government to give in to
• If there are means to prevent the rebellion but the
their demands to lower the prices of spare parts,
officer did not resist, he becomes criminally liable
commodities, water and the immediate release from
for disloyalty. However, if there are no means to
detention of the president of PISTON, and attending a
resist, the officer is at no fault.
gathering of drivers and sympathizers where he urged
“pagpapalaya sa ating pinuno na si Ka Roda hanggang sa
ART. 138. INCITING A REBELLION OR magkagulo na” constituted inciting to sedition.
INSURRECTION
People v. Lovedioro
ELEMENTS In deciding if the crime committed is rebellion and not
murder, the Courts must ascertain whether or not the act
a. Offender does not take up arms or is not in open was done in furtherance of a political end. The political
hostility against the government motive of the act should be conclusively demonstrated,
b. Incites others to rise publicly and take arms against and this burden must fall on the defense, motive being a
the government for any of the purposes of state of mind of the accused. Both purpose and overt acts
rebellion; and are essential components of the crime.
c. Inciting is done by means of speeches,
proclamations, writings, emblems, banners or Political motive should be established before a person
other representations tending to the same end. charged with a common crime can claim rebellion. If no
such political motive is established and proved, the
PROPOSAL TO COMMIT INCITING TO accused should be convicted of the common crime and not
REBELLION REBELLION of rebellion. Motive relates to the act, and mere
membership in an organization dedicated to the
Person who proposes has Not a requirement that
furtherance of rebellion would not, by and of itself, suffice.
decided to commit the person who induces
rebellion

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Sole, unsupported, and vague testimony by the accused of Purpose: political or social Purpose: always political
membership in a rebellious group is not sufficient proof. If the uprising be for the If it be against the
attainment of a purpose government and for a
ART. 139. SEDITION enumerated in Art. 139 and purpose enumerated in
accomplished by means of Art. 134, the crime is
force, intimidation or rebellion;
ELEMENTS
means outside of legal
a. Offenders rise –
methods.
i. publicly and
ii. tumultuously (caused by more than 3-armed
It is Sedition when the
mean or provided with means of violence;
object of the uprising was
b. There is employment of force, intimidation, or other
to inflict an act of hate or
means outside of legal methods
revenge upon the persons
c. Offenders employ any of those means to attain any
of the policemen who were
of the following objects:
public officers or
i. To prevent the promulgation or execution of
employees.
any law or the holding of any popular election;
ii. To prevent the national government or any
provincial or municipal government, or any
public officer from exercising its or his
ART. 140. PENALTY FOR SEDITION.
function or prevent the execution of an
administrative order; PERSONS LIABLE
iii. To commit, for any political or social end, any
act of hate or revenge against private persons (1) Leader of the sedition.
or any social classes; (2) Other person participating in the sedition.
iv. To commit, for any political or social end any
act of hate or revenge upon the person or ART. 141. CONSPIRACY TO COMMIT
property of any public officer or employee; or
v. To despoil for any political or social end, any
SEDITION
person, municipality or province, or the
national government of all its property or any ELEMENTS
part thereof.
a. Agreement and decision to rise publicly; and
TUMULTUOUS b. For the purpose of attaining an object of sedition.

If caused by more than three persons who are armed or
provided with the means of violence. (Art. 163)
The purpose of this crime is not the overthrowing of the
government but the violation of public peace. Public
uprising and an object of sedition must concur.
Under R.A. 8294 (Act Amending PD No. 1866 or the
Firearms Law), sedition absorbs the use of unlicensed
firearm as an element thereof; hence, it is not an
aggravating circumstance, and the offender can no longer
be prosecuted for illegal possession of firearm. (Boado,
Comprehensive Reviewer in Criminal Law)
SEDITION REBELLION
ARTICLE 139 ARTICLE 134
There must be a public There must be a public
uprising – but there is no uprising – there is a war
war
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NOTE: There is no crime of Proposal to commit sedition.
ART. 142. INCITING TO SEDITION
ELEMENTS
a. The offender does not take a direct part in the crime
of sedition
b. He incites others to the accomplishment of any of the
acts which constitute sedition
c. That the inciting is done by means of speeches,
proclamations, writing, emblems, cartoons, banners,
or other representations tending to the same end
(purpose: cause commotion not exactly against the
government; actual disturbance not necessary)
DIFFERENT ACTS IN INCITING TO SEDITION
(1) inciting others by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other
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representations; members of the council, which was not apparent, but

(2) uttering seditious words or speeches which tend to required an investigation before it could be determined.
disturb or obstruct any lawful officer in executing (People vs Alipit)
the functions of his office, instigate others to cabal
and meet together for unlawful purposes, suggest or ART. 144. DISTURBANCE OF
incite rebellious conspiracies or riots or lead or tend
PROCEEDINGS
to stir up the people against the lawful authorities;
(3) writing, publishing or circulating scurrilous (low,
ELEMENTS
vulgar, mean or foul) libels against the government
or any of the duly constituted authorities thereof,
a. There be a meeting of the National Assembly, its
which tend to disturb the public peace; or
committees or subcommittees, constitutional
(4) knowingly concealing such evil practices; and
commissions or committees or divisions thereof,
or of any provincial board or city or municipal
Considering that the objective of sedition is to express
council or board; and
protest against the government and in the process
b. The offender does any of the following acts:
creating hate against public officers, any act that will
i. disturbs any of such meetings;
generate hatred against the government or a public officer
ii. behaves so as to interrupt its proceedings
concerned or a social class may amount to Inciting to
or to impair the respect due it, while in the
Sedition.
presence of such bodies.

The essence of seditious libel is its immediate tendency to NOTE:

stir up general discontent to the pitch of illegal courses or ● One who disturbs the proceedings of the National
to induce people to resort to illegal methods in order to Assembly may also be punished for contempt by
redress the evils which press upon their minds. (Espuelas the Assembly (Lopex vs de los Reyes).
vs. People) ● The complaint for disturbance of proceedings may
be filed by a member of a legislative body (People
CHAPTER TWO: CRIMES AGAINST vs Lapid).
POPULAR REPRESENTATION
SECTION 2: VIOLATION OF
SECTION 1: CRIMES AGAINST PARLIAMENTARY IMMUNITY
LEGISLATIVE BODIES SAND SIMILAR
BODIES ART. 145. VIOLATION OF
PARLIAMENTARY IMMUNITY
ART. 143. ACTS TENDING TO PREVENT
THE MEETING OF THE ASSEMBLY AND ACTS PUNISHABLE
SIMILAR BODIES.
(1) By using force, intimidation, threats, or frauds to
prevent any member of Congress from –
ELEMENTS
A. attending the meeting of the assembly or any
of its committees, constitutional commissions
a. There be a projected or actual meeting of the
or committees or divisions thereof, or from
National Assembly or any of its committees or
B. expressing his opinions or
subcommittees, constitutional committees or
C. casting his vote
division thereof, or any provincial board or city or
ELEMENTS:
municipal council or board; and
a. That the offender uses force, intimidation,
b. Offender who may be any person prevents such
threats or fraud
meeting by force or fraud.
b. That the purpose of the offender is to prevent
any member of the national assembly from –
NOTE: Any stranger, even if he be the municipal president
i. Attending the meetings of the assembly
himself or the chief of the municipal police, must respect
or of any of its subcommittees or
the meeting of the municipal council presided over by the
ii. Expressing his opinion; or
vice president and he has no right to dissolve it through
iii. Casting his vote
violence under the pretext of lack of notice to some
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(2) By arresting or searching any member thereof while
Congress is in a 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:
a. That the offender is a public officer or
employee
b. That he arrests or searches any member of
Congress
c. That Congress, at the time of arrest or search,
is in a regular or special session
d. That the member searched has not committed
a crime punishable under the code by a
penalty higher than prision mayor
NOTE:
• Parliamentary Immunity (Sec. 11. Article VI 1987
Constitution): It does not protect members from
responsibility before the legislative body itself
(Osmena Jr. vs Pendatun)
• Offense punishable by penalty of prision
correcional (6months and 1day to 6years) or lower;
Members of Congress are immune from arrest
while congress is in session.
• Offense punishable by penalty of prision mayor
(6years and 1day to 12years) or higher; Legislator
may be arrested even while congress is in session.
NOTE: To be consistent with the 1987 Constitution,
the phrase “by a penalty higher than Prision Mayor”
in Art. 145 should be amended to read “by the
penalty of Prision Mayor or higher.”
CHAPTER THREE: ILLEGAL ASSEMBLIES
AND ASSOCIATIONS
ART. 146. ILLEGAL ASSEMBLIES
MEETING
A gathering or group, whether in a fixed place or moving.
ILLEGAL ASSEMBLIES
(1) A meeting attended by armed persons for the
purpose of committing any of the crimes
punishable under this Code.
Elements:
a. Meeting, gathering or group of persons
whether in a fixed place or moving
b. Purpose: to commit any of crimes
punishable under the code
c. Attended by at least 4 armed persons
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(2) A meeting in which the audience, whether armed
or not, is incited to the commission of the crimes
of treason, sedition or assault upon a person in
authority or his agent.
Elements:
a. Meeting, gathering or group of persons
whether in a fixed place or moving
b. Audience whether armed or not, is incited
to the commission of the crime of treason,
rebellion or insurrection, sedition or direct
assault.
PERSONS LIABLE
(1) The organizers or leaders thereof; (law imposes a
heavier penalty upon the organizers or leader) and
(2) Those merely attending
Presumption: Where a person carries an unlicensed
firearm in said meeting:
a. That the purpose of the meeting as so far as he is
concerned, is to commit acts punishable under
this Code; and
b. He shall be considered as the leader or organizer
of the meeting.
NOTE however that not all present at the meeting of the
first form of illegal assembly must be armed.
Those who, by means of speeches, printed matter or other
means of representation, appear to have instigated the
proceeding are the leaders or organizers of the meeting.
RESPONSIBILITY OF PERSONS MERELY PRESENT
AT THE MEETING
(1) If they are not armed: Arresto Mayor;
(2) If they carry arms like bolos or knives, or licensed
firearms: Prision Correccional.
IF ANY PERSON CARRIES UNLICENSED FIREARM:
(1) It is presumed that the purpose of the meeting
insofar as he is concerned, is to commit acts
punishable under the Code; and
(2) He is considered as a leader or organizer of the
meeting.
ART. 147. ILLEGAL ASSOCIATIONS
ILLEGAL ASSOCIATION
(1) Those totally or partially organized for the purpose
of committing any of the crimes punishable under
this Code; and
(2) Those totally or partially organized for some
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purpose contrary to public morals. c. That there is no public uprising

● It is not necessary that the offended party in
“PUBLIC MORALS” Acts that affect the interest of society the first form be a person in authority or his
and public convenience. It is not confined to the limited agent. The stature of the offended person is
concept of “good customs” and covers a system of judicial immaterial. The crime is manifested by the
precepts founded on human nature that regulate public spirit of lawlessness.
convenience. ● Accused prevents by force, the holding of a
popular election in certain precincts,
It refers to acts that are in accordance with natural and without public uprising.
positive laws.
2nd form - Without public uprising, by attacking, by
PERSONS LIABLE employing force, or by seriously intimidating or seriously
resisting any person in authority or his agents, while
(1) The founders, directors and president; and engaged in the performance of official duties
(2) The members
ELEMENTS:
ILLEGAL ASSEMBLY ILLEGAL a. There is no public uprising
ARTICLE 146 ASSOCIATION b. Offender –
ARTICLE 147 i. makes an attack;
There is an actual meeting Not necessary that ii. employs force
there is a meeting iii. makes a serious intimidation, or
Act of forming or It is the meeting and iv. makes a serious resistance.
organizing and the attendance at such c. The person assaulted is a person in authority or his
membership in the that are punished agent.
association d. At the time of the assault the person in authority
Persons liable: leaders and Founders, directors, or his agent is engaged in the actual performance
those present president and of official duties (motive is not essential), or that he
members is assaulted by reason of the past performance of
Purpose is to commit May also include official duties (motive is essential).
felonies under the RPC; if crimes punishable e. The offender knows that the one he is assaulting is
not armed, individuals are under special laws. a person in authority or his agent in the exercise of
incited to commit treason, his duties.
rebellion, sedition or
assault upon a person in QUALIFIED DIRECT ASSAULT
authority or his agent.
(1) when the assault is committed with a weapon
(2) when the offender is a public officer or employee
(3) when the offender lays hand upon a person in
CHAPTER FOUR: ASSAULT UPON, AND
authority
RESISTANCE AND DISOBEDIENCE TO
PERSONS IN AUTHORITY AND THEIR When the person in authority or the agent provoked or
AGENTS attacked first, the innocent party is entitled to defend
himself and cannot be held liable for assault or resistance,
ART. 148. DIRECT ASSAULTS neither for physical injuries, because he acts in legitimate
self-defense.

FORMS OF DIRECT ASSAULT

DIRECT ASSAULT
1st form – Without public uprising, by employing force or
Intends to punish acts that are done in the spirit of
intimidation for attaining rebellion or sedition
lawlessness for the first form of direct assault, or contempt
or hatred for the authority or the rule of law in the second
ELEMENTS form of direct assault.
a. That the offender employs force or intimidation.
b. That the aim of the offender is to attain any of the
The only time when it is not complexed with material
purposes of the crime of rebellion or any of the
consequence is a light felony, that is, slight physical injury.
objects of the crimes of sedition.
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Direct assault absorbs the lighter felony; the crime of
direct assault cannot be separated from the material result
of the act.
DURING: DIRECT ASSAULT
It is enough that the offender knew that the person in
authority was performing an official function whatever
may be the reason for the attack, although what may have
happened was a purely private affair.
May simply be the material consequence of the unlawful
act of murder or homicide.
For the crime to be direct assault, the attack must be by
reason of his official function in the past. Hence, it is not
necessary that the person in authority or his agent is in the
actual performance of his official duty when attacked or
seriously intimidated.
There can be no direct assault upon or disobedience to one
authority by another when they both contend in the
exercise of their respective duties.
Two kinds of assault in the second form:
• Simple
• Qualified
DIRECT ASSAULT WITH
MURDER/HOMICIDE
MURDER/HOMICIDE
A judge was killed while The offender killed the
walking home, because judge because the judge is
of an unpaid debt. so strict in the fulfillment of
his duty.
ART. 149. INDIRECT ASSAULTS
ELEMENTS
a. A person in authority or his agent is the victim of any
of the forms of direct assault defined in Article 148;
b. A person comes to the aid of such authority or his
agent; and
c. Offender makes use of force or intimidation upon
such person coming to the aid of the authority or his
agent.
NOTE:
• There is no indirect assault when there is no direct
assault.
• Due to the amendment of Article 152, without the
corresponding amendment in Article 150, the
crime of indirect assault can only be committed
when assault is upon a civilian giving aid to an
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Criminal Law
agent of the person in authority. He does not
become another agent of the person in authority.
Illustration:
• It is not indirect assault if a private individual who
is aiding a policeman in making a lawful arrest is
attacked by the person to be arrested. This is
because the policeman who is being aided is not a
victim of direct assault.
• The private individual in such a case is not coming
to the aid of a person in authority, the policeman
being an agent of a person in authority under Art.
152, par. 2. Hence, the crime is also not direct
assault; the person attacked not being an agent of
a person in authority.
ART. 150. DISOBEDIENCE TO SUMMONS
ISSUED BY CONGRESS, ITS COMMITTEES
OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSIONS, ITS
COMMITTEES, SUBCOMMITTEES OR
DIVISIONS.
ACTS PUNISHED
(1) By refusing, without legal excuse, to obey
summons of Congress, its special or standing
committees and subcommittees, the Constitutional
Commissions and its committees, subcommittees, or
divisions, or by any commission or committee
chairman or member 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 produce
any books, 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; or
(5) By inducing disobedience to a summons or refusal to
be sworn by any such body or official.
NOTE:
• The National Assembly is now the Congress of the
Philippines, consisting of the Senate and the House
of Representatives.
• Power of inquiry, with process to enforce it, is an
essential and appropriate auxiliary to the
legislative functions
• But when the investigation is for the purpose of
passing a legislative measure, such investigation
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Green Notes 2019 Criminal Law

comes under the province of the committee of the Committed only by (The 2nd form) is
House or Senate. resisting or seriously committed in four ways: 1)
• Any of the acts punished by Art. 150 may also disobeying a person in attacking, 2) employing
constitute contempt of the National Assembly. authority or his agent. force, 3) seriously
• Only disobedience without legal excuse is intimidating, 4) seriously
punishable (Arnault v. Nazareno) resisting a person in
• Art. 150 may not apply when the papers or authority or his agent.
documents may be used in evidence against the (Against an agent) There is (Against an agent) The
owner thereof, because it would be equivalent to force employed, but the use attack or employment of
compelling him to be witness against himself (Uy of force in resistance is not force which gives rise to
Kheytin v. Villareal). so serious, as there is no the crime of direct assault
manifest intention to defy must be serious and
ART. 151. RESISTANCE AND the law and the officers deliberate; otherwise,
DISOBEDIENCE TO A PERSON IN enforcing it. even a case of simple
resistance to an arrest,
AUTHORITY OR THE AGENTS OF SUCH
which always requires the
PERSON use of force of some kind,
would constitute direct
ELEMENTS OF RESISTANCE AND SERIOUS assault and the direct
DISOBEDIENCE, 1ST PARAGRAPH assault and the lesser
offense of resistance or
a. A person in authority or his agent is disobedience in Art. 151
engaged in the performance of official duty or would entirely disappear.
gives a lawful order to the offender;
If NO force is employed by When the one resisted is
b. Offender resists or seriously disobeys such person
the offender in resisting or a person in authority, the
in authority or his agent;
disobeying a person in use of any kind or degree
c. The act of the offender is not included in the
authority, the crime of force will give rise to
provision of Articles148, 149 and 150.
committed is resistance or direct assault.
serious disobedience
ELEMENTS SIMPLE DISOBEDIENCE, 2ND PARAGRAPH
under the first paragraph
of Art. 151.
a. An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order Intent is to defy the Intent is to defy the law
to the offender; authorities
b. Offender disobeys such agent of a person in
authority;
NOTE:
c. Such disobedience is not of a serious nature.
• The act of lying on the road and refusing, despite the
order of the PC Major to get out therefrom,
The order given must be lawful; otherwise, the resistance
constitutes the crime of simple disobedience.
is justified. When the attack or employment of force is not
• Picketing may be considered a nuisance if it
deliberate, the crime is only resistance or disobedience.
constitutes an obstruction to the free use of
property so as substantially to interfere with the
RESISTANCE / SERIOUS comfortable enjoyment of life or property, or if it
DIRECT ASSAULT
DISOBEDIENCE constitutes an unlawful obstruction to the free
ARTICLE 148
ARTICLE 151 passage or use, in the customary manner, of a street.
The person in authority or The person in authority or • No peaceful picketing (People vs Macapuno).
his agent must be in actual his agent must be • The accused bit a policeman on the right forearm
performance of his duties. engaged in the and gave him a blow in another part of the body,
performance of official which severely injured the policeman, and it required
duties or that he is two policemen to subdue him. He was guilty of
assaulted by reason resistance and serious disobedience (People vs
thereof. Veloso).
• An attack or employment of force considered only as
resistance or serious disobedience When the attack
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Green Notes 2019 Criminal Law

or employment of force was not serious and CHAPTER FIVE: PUBLIC DISORDERS
deliberate and was only done to resist and not to
purposely injure the person in authority or his agent.
(People v. Cauan) THE CRIMES CLASSIFIED UNDER PUBLIC
DISORDERS:
(1) Tumults and other disturbances of public order.
ART. 152. PERSONS IN AUTHORITY AND
(Art. 153)
AGENTS OF PERSONS IN AUTHORITY; (2) Unlawful use of means of publication and unlawful
WHO SHALL BE DEEMED AS SUCH. utterances. (Art. 154)
(3) Alarms and scandals. (Art. 155)
PERSONS IN AUTHORITY (4) Delivering prisoners from jails. (Art. 156)

Any person directly vested with jurisdiction, whether as an ART. 153. TUMULTS AND OTHER
individual or as a member of some court or governmental DISTURBANCE OF PUBLIC ORDERS;
corporation, board or commission:
TUMULTUOUS DISTURBANCE OR
(1) Barangay captain
(2) Barangay chairman INTERRUPTION LIABLE TO CAUSE
(3) Teachers DISTURBANCE.
(4) Professors
(5) Persons charged with the supervision of public or ACTS PUNISHED
duly recognized private schools, colleges and
universities (1) Causing any serious disturbance in a public place,
(6) Lawyers in the actual performance of their office or establishment;
professional duties or on the occasion of such (2) Interrupting or disturbing performances, functions or
performance gatherings, or peaceful meetings, if the act is not
included in Articles 131 and 132;
AGENT OF PERSON IN AUTHORITY (3) Making any outcry tending to incite rebellion or
sedition in any meeting, association or public place;
Any person who, by direct provision of law/by (4) Displaying placards or emblems which provoke a
election/appointment by competent authority, is charged disturbance of public order in such place; and
with the maintenance of public order and protection and (5) Burying the pomp the body of a person who has been
security of life and property: legally executed.
(1) Barrio councilman
(2) Barrio policeman The essence is creating public disorder. The crime is
(3) Barangay leader brought about by creating serious disturbances in public
(4) Any person who comes to the aid of persons in places, public buildings, and even in private places where
authority public functions or performances are being held.

Section 388 of the Local Gov’t Code:
“For purposes of the RPC, the punong barangay,
sangguniang barangay members and members of the
lupong tagamapayaan in each barangay shall be deemed
as persons in authority in their jurisdictions, while other
barangay officials and members who may be designated by
law or ordinance and charged with the maintenance of
public order, protection and the security of life, property,
or the maintenance of a desirable and balanced
environment, and any barangay member who comes to the
aid of persons in authority shall be deemed agent of
persons in authority.”
If the act of disturbing or interrupting a meeting or
religious worship is committed by a private individual, or
even by a public officer, but he is a participant in the
meeting or religious worship which he disturbs or
interrupts, Art. 153, not Art. 131 or 132 (which punish the
same acts if committed by public officers who are not
participants in the meeting or religious worship), is
applicable.
If done unconsciously or without intent to incite the
listeners to rise to sedition or rebellion, this article applies.

The “serious disturbance” in the first act punished must be

planned or intended.

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Green Notes 2019
The penalty next higher in degree shall be imposed upon
persons causing any disturbance of a tumultuous
character.
It is “tumultuous” if caused by more than three persons
who are armed or provided with means of violence.
“Armed” does not refer to bearing firearms but includes
even big stones, anything that is capable of causing grave
injury.
“Outcry” means shouting provocative or subversive words
tending to stir up the people to obtain, by means of force
or violence, any of the objects of rebellion or sedition.
If a convict legally put to death is buried with pomp, it is
also disturbance of public order. He should not be made
out as a martyr, as it might incite others to hatred.
The one who fired the submachine gun committed two
offenses: causing serious disturbance in a public place, the
people present becoming panicky and terrified, and
serious physical injuries through reckless imprudence),
although they arose from the same act of the offender.
(People vs. Bacolod, 1951)
ART. 154. UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL
UTTERANCES
ACTS PUNISHED
(1) Any person who by means of printing, lithography, or
any other means of publication shall publish or cause
to be published as news any false news which may
endanger the public order, or cause damage to the
interest or credit of the State;
(2) Any person who by the same means, or by words,
utterances or speeches shall encourage disobedience
to the law or to the constituted authorities or praise,
justify, or extol any act punished by law;
(3) Any person who shall maliciously publish or cause to
be published any official resolution or document
without proper authority, or before they have been
published officially; or
(4) Any person who shall print, publish, or distribute or
cause to be printed, published, or distributed books,
pamphlets, periodicals, or leaflets which do not bear
the real printer's name, or which are classified as
anonymous.
Actual public disorder or actual damage to the credit of the
State is not necessary. The mere possibility of causing such
danger or damage is sufficient.
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Criminal Law
The offender must know that the news is false. If the
offender does not know that the news is false, he is not
liable under this article, there being no criminal intent on
his part.
If there is no possibility of danger to the public order or of
causing damage to the interest or credit of the state then
Art. 154 is not applicable.
Example: Defendant distributed leaflets urging the people
to disobey and resist the execution of that portion of the
National Defense Act requiring compulsory training.
The crime is not inciting to sedition. The acts charged
which are subversive in nature fall under paragraph 2 of
Art. 154. (People vs. Arogante)
RA No. 248 prohibits the reprinting, reproduction or
republication of government publications and official
documents without previous authority.
ART. 155. ALARMS AND SCANDALS
ACTS PUNISHED
(1) Discharging any firearm, rocket, firecracker, or other
explosives within any town or public place calculated
to cause alarm or danger;
(2) Instigating or taking active part in any charivari or
other disorderly meeting offensive to another or
prejudicial to public tranquility.
(3) Disturbing the public peace while wandering about at
night or while engaged in any other nocturnal
amusement;
(4) Causing any disturbance or scandal in public places
while intoxicated or otherwise, provided the act is not
covered by Art 153 (tumult)
In the first act punished, the discharge of the firearm
should not be aimed at a person; otherwise the offence
would fall under Art. 254, punishing the discharge of
firearm.
Mere discharge of firearm towards another with intent to
kill already amounts to attempted homicide or attempted
murder or attempted parricide. It cannot be frustrated
because the offended party is not mortally wounded.
It is the result, not the intent that counts. The act must
produce arm or danger as a consequence.
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Green Notes 2019 Criminal Law

In the opinion of Viada, (3 Viada, Codigo Penal, 4th Ed.) this Correlate the crime of delivering persons from jail with
article does not apply for firecrackers and rockets infidelity in the custody of prisoners punished under
discharged during fiestas or festive occasions. Articles 223, 224 and 225.

Even if the persons involved are engaged in nocturnal The crime under Art. 156 is committed by a public officer
activity like those playing patintero at night, or selling when he is not the custodian of the prisoner at the time
balut, if they conduct their activity in such a way that the prisoner was made to escape.
disturbs public peace, they may commit the crime of
alarms and scandals. If the public officer has the custody of the prisoner when
such prisoner escaped he is liable under Art. 223 for
Scandal here does not refer to moral scandal, as that one Infidelity in the custody of a prisoner.
is grave scandal in Art. 200. The essence of the crime is
disturbance of public tranquility. If the accused removed from jail or penal establishment a
person confined therein or helped the latter’s escape by
“CHARIVARI” A mock serenade wherein the supposed means of violence, intimidation, or bribery, the penalty is
serenaders use broken cans, broken pots, bottles or other higher. Hence, it is not an element of the offense.
utensils, creating discordant notes. It is actually producing
noise, not music. DELIVERY OF PRISONERS INFIDELITY IN THE
FROM JAILS CUSTODY OF
If the annoyance is intended for a particular person, the
ARTICLE 156 PRISONERS
crime is unjust vexation.
Any person – private Any person – private
The act of a person who hurled a general insult at citizen and public officer citizen and public
everybody, there being 30 persons in the hall, and officer
challenged the owner of the billiard hall to a fight, causing
commotion and disorder so that the billiard game had to Helps convict or detention Helps convict or
be stopped momentarily, constitutes merely a violation of prisoner detention prisoner
Art. 155, part. 4, not of Art. 153. While the billiard hall is a
public place, there was no serious public disorder. (People Offender is NOT THE Offender has CUSTODY
vs. Gangay) CUSTODIAN of the of the prisoner at the
prisoner or not at the time time of escape
ART. 156. DELIVERY OF PRISONER the prisoner was made to
escape
FROM JAILS
May be held an accessory May be held an
ELEMENTS accessory

a. There is a person confined in a jail or penal

LIABILITY OF THE PRISONER OR DETAINEE WHO
establishment; and
b. Offender removes therefrom such person or helps
the escape of such person.
1.
The person confined may be a mere detention prisoner. Of
course, the prisoner may also be by final judgment.
A hospital or asylum is considered an extension of the
penal institution.
2.
The offender is usually an outsider. But the provision does
not exclude public officers, therefore, offenders may be
private persons or public officers.
Violence, intimidation or bribery is not necessary, but if
such was employed, the penalty is higher.
3.
Lasallian Commission on Bar Operations
ESCAPED
CONVICT SERVING SENTENCE BY FINAL
JUDGMENT
The crime of evasion of service of sentence is
committed by the prisoner who escapes, if such
prisoner is a convict serving sentence by final
judgment.
ONLY A DETENTION PRISONER
If the prisoner who escapes is only a detention
prisoner, he does not incur liability from escaping if
he does not know of the plan to remove him from jail.
But if he knows and cooperates therein by escaping,
he himself becomes liable for delivering prisoners
from jail as a principal by indispensable cooperation.
IF THREE PERSONS ARE INVOLVED
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Green Notes 2019
A stranger, the custodian and the prisoner – three
crimes are committed:
• Infidelity in the custody of prisoners;
• Delivery of prisoners from jail; and
• Evasion of service of sentence.
The person who substituted for a prisoner by taking his
place in jail is liable under this article because the removal
of the prisoner from jail is by other means, that is, by
deceit.
A policeman assigned to the city jail as a guard, who, while
he was off duty, brought recently released prisoner inside
the jail to substitute for a detention prisoner who he later
on brought out of jail, returning said prisoner inside the jail
after 5 hours, may be held liable under this crime. (People
vs. Del Barrio (CA, 60 OG 3908))
CHAPTER SIX: EVASION OF SERVICE OF
SENTENCE
THREE KINDS OF EVASION OF THE SERVICE OF THE
SENTENCE
(1) Evasion of service of sentence by escaping during the
term of his sentence. (Art. 157)
(2) Evasion of service of sentence on the occasion of
disorders. (Art. 158)
(3) Other cases of evasion of service of sentence, by
violating the conditions of conditional pardon. (Art.
159)
ART. 157. EVASION OF SERVICE OF
SENTENCE
ELEMENTS
a. Offender is a convict by final judgment;
b. He is serving sentence, which consists in the
deprivation of liberty; and
c. He evades service of his sentence by escaping during
the term of his imprisonment.
QUALIFYING CIRCUMSTANCES AS TO PENALTY
IMPOSED
If such evasion or escape takes place –
(1) By means of unlawful entry;
(2) By breaking doors, windows, gates, walls, roofs, or
floors;
(3) By using picklock, false keys, disguise, deceit,
violence or intimidation; or
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Criminal Law
(4) Through connivance with other convicts or
employees of the penal institution.
The crime of evasion of service of sentence can be
committed only by a convict of final judgment. If the
accused escaped while the sentence of conviction was
under appeal, he is not liable under Art. 157, the judgment
not having been final, and this is true even if his appeal was
later dismissed because he had escaped. (Curiano vs. CFI)
Art. 157 is not applicable in sentence executed by
deportation because the convict was not sentenced to
imprisonment. Art. 157 is applicable in destierro because
destierro is a deprivation of liberty, though partial.
In leaving or escaping from jail or prison, that the prisoner
immediately returned is immaterial.
His voluntary return may only be mitigating, being
analogous to voluntary surrender. But the same will not
absolve his criminal liability.
Detention prisoners are not convicts by final judgment
since they are only detained pending the investigation or
the trial of the case against them.
On unlawful entry: The crime is committed is qualified if
committed by climbing or scaling the wall, as the Spanish
text uses the word “escalamiento.”
The appellant is guilty of evasion of service of sentence, in
that during the period of his sentence of destierro by
virtue of final judgment wherein he was prohibited from
entering the City of Manila, he entered said city. (People
vs. Abilong)
ART. 158. EVASION OF SERVICE OF
SENTENCE ON THE OCCASION OF
DISORDER, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
ELEMENTS
a. Offender is a convict by final judgment who is
confined in a penal institution;
b. There is disorder, resulting from –
i. Conflagration;
ii. Earthquake;
iii. Explosion; or
iv. Similar Catastrophe; or
v. Mutiny in which he has not participated;
c. He evades the service of his sentence by leaving
the penal institution where he is confined, on the
occasion of such disorder or during mutiny; and
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Green Notes 2019
d. He fails to give himself up to the authorities within
48 hours following the issuance of proclamation by
the Chief Executive announcing the passing away
of such calamity.
Although Art. 158 is silent, it is required that the convict
must be one by final judgment, because only a convict by
final judgment can “evade the service of his sentence”.
The leaving from the penal establishment is not the basis
of criminal liability, but the failure to return within 48
hours after the passing of the calamity, conflagration or
mutiny had been announced.
Those who return within 48 hours are given credit or
deduction from the remaining period of their sentence
equivalent to 1/5 of the original term of the sentence not
to exceed 6 months.
But if the prisoner fails to return within said 48 hours, an
added penalty, also 1/5 shall be imposed, but the 1/5
penalty is based on the remaining period of sentence, not
on the original sentence.
But if the prisoner decided to stay despite the chance to
evade, he will not be entitled for the 1/5 deduction.
ART. 159. OTHER CASES OF EVASION OF
SERVICE OF SENTENCE
ELEMENTS
a. Offender was a convict;
b. He was granted pardon by the Chief Executive; and
c. He violated any of the conditions of such pardon.
CONDITIONAL PARDON IS A CONTRACT
A conditional pardon is a contract between the Chief
Executive, who grants the pardon and the convict, who
accepts it. Since it is a contract, the pardoned convict is
bound to fulfill its conditions and accept all its
consequences, not as he chooses, but according to its
strict terms. (People vs. Pontillas, 1938)
TWO PENALTIES ARE PROVIDED FOR IN THIS ARTICLE
(1) Prison correccional in its minimum period- if the
penalty remitted does not exceed 6 years.
(2) The unexpired portion of his original sentence- if
the penalty is higher than 6 years.
Lasallian Commission on Bar Operations
Criminal Law
The violation of a conditional pardon is a distinct crime.
The violation of a conditional pardon is committed in the
place where the subsequent offence is perpetuated.
The court cannot require the convict to serve the
unexpired portion of his original sentence, if it does not
exceed six years. Article 159 does not provide that the
accused shall serve such. The remedy is left to the
President who has the authority to recommit him to serve
the unexpired portion of his original sentence.
In violation of a conditional pardon, as a rule, the violation
will amount to this crime only if the condition is violated
during the remaining period of the sentence.
Under Art. 159, when the sentence remitted by the
conditional pardon does not exceed six years, the penalty
of the grantee who violates any of the conditions of such
pardon is prison correccional in its minimum period. It is
only when the penalty remitted by the pardon is higher
than 6 years that the convict shall then suffer the
unexpired portion of his original sentence. Since destierro
has a duration of 6 months and 1 day to 6 years, under no
circumstance may the penalty for violation of the
conditional pardon be destierro.
In the case of People vs. Jose (1945), Violation of the
conditional pardon is not substantive offense because the
penalty imposed for such violation is the unexpired
portion of the punishment in the original sentence.
CHAPTER SEVEN: COMMISSION OF
ANOTHER CRIME DURING SERVICE OF
PENALTY IMPOSED FOR ANOTHER
OFFENSE
ART. 160. COMMISSION OF ANOTHER
CRIME DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER OFFENSE
ELEMENTS
a. Offender was already convicted by final judgment
of one offense;
b. He committed a new felony before beginning to
serve such sentence or while serving the same.
The second crime must be a felony. But the first crime for
which the offender is serving sentence need not be a
felony. Thus, if a prisoner serving sentence for one crime
is found to be in possession of a firearm without a license,
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 Green Notes 2019 Criminal Law

this article does not seem to apply because the law Number Commits a Guilty The The
punishing illegal possession of firearm is a special law. of felony the third second previous
crimes before or time or conviction and
The new offense need not be of different character from committ while oftener. for an subseque
that of the former offense. ed. serving offense nt
sentence. embraced offenses
Quasi-recidivism is a special aggravating circumstance in the must
where a person, after having been convicted by final same title NOT be
judgment, shall commit a new felony before beginning to of this embraced
serve such sentence, or while serving the same. Code. in the
same title
He shall be punished by the maximum period of the of the
penalty prescribed by law for the new felony. Code.
Their Special An If not Not
The special aggravating circumstance of quasi-recidivism effects Aggravatin additiona offset by always an
cannot be offset by any ordinary mitigating circumstance g; Max l penalty any aggravati
because Art. 160 specifically provides that the offender Penalty. shall be mitigating ng
“shall be punished by the maximum period of the penalty imposed. circumsta circumsta
prescribed by law for the new felony.” nce, nce.
increase
But if he is a minor under 16, the penalty can be lowered the
by at least one degree. Minority is a privileged mitigating penalty
circumstance. only to the
maximum.
When he is a habitual criminal, a quasi-recidivist may not
be pardoned even if he has reached the age of 70, and
already served out his original sentence.

Quasi Habitual Quasi Habitual

Recidivism Delinque Recidivis Delinque
ncy m ncy
Crimes Convicted Convicte Crimes Convicted
committ of a felony d thrice committed of a
ed or offense of the felony or
by final crimes offense
judgment. specified: by final
judgment.
Period of Within 10
time the years
crimes from his
are last
committ release
ed. or
convictio
n

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Green Notes 2019
CRIMES AGAINST PUBLIC INTEREST
The crimes in this title are in the nature of fraud or falsity
to the public. Deceit perpetrated upon the public is the act
being punished.
CHAPTER ONE: Forgeries
Section 1: Forging the Seal of the Government of the
Philippine Islands, the Signature or Stamp of the Chief
Executive
Art. 161. Counterfeiting the great seal of the Government
of the Philippine Islands, forging the signature or stamp
of the Chief Executive
Art. 162. Using forged signature or counterfeit seal or
stamp
Section 2: Counterfeiting Coins
Art. 163. Making and Importing and Uttering False Coins
Art. 164. Mutilation of Coins
Art. 165. Selling of False or Mutilated Coin, Without
Connivance
Section 3: Forging treasury or bank notes, obligations
and securities; importing and uttering false or forged
notes, obligations and securities
Art. 166. Forging treasury or bank notes on other
documents payable to bearer; importing, and uttering
such false or forged notes and documents
Art. 167. Counterfeiting, importing and uttering
instruments not payable to bearer
Art. 168. Illegal possession and use of false treasury or
bank notes and other instruments of credit
Art. 169. How forgery is committed
Section 4: Falsification of legislative, public,
commercial, and private documents, and wireless,
telegraph, and telephone message
Art. 170. Falsification of legislative documents
Art. 171. Falsification by public officer, employee or
notary or ecclesiastic minister
Art. 172. Falsification by private individual and use of
falsified documents
Art. 173. Falsification of wireless, cable, telegraph and
telephone messages, and use of said falsified messages
Section 5: Falsification of medical certificates,
certificates of merit or services and the like
Art. 174. False medical certificates, false certificates of
merits or service, etc.
Art. 175. Using false certificates
Section 6: Manufacturing, importing and possession of
instruments or implements intended for the
commission of falsification
Art. 176. Manufacturing and possession of instruments or
implements for falsification
CHAPTER TWO: Other Falsifications
Section 1: Usurpation of authority, rank, title, and
improper use of names, uniforms and insignia
Art. 177. Usurpation of authority or official functions
Art. 178. Using fictitious name and concealing true name
Art. 179. Illegal use of uniforms or insignia
Section 2: False testimony
Art. 180. False testimony against a defendant
Art. 181. False testimony favorable to the defendants
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Art. 182. False testimony in civil cases
Art. 183. False testimony in other cases and perjury in
solemn affirmation
Art. 184. Offering false testimony in evidence
CHAPTER THREE: Frauds
Section 1: Machinations, monopolies and combinations
Art. 185. Machinations in public auctions
Art. 186. Monopolies and combinations in restraint of
trade
Section 2: Frauds in Commerce and Industry
Art. 187. Importation and disposition of falsely marked
articles or merchandise made of gold, silver, or other
precious metals or their alloys
Art. 188. Subsisting and altering trade-mark, trade-
names, or service marks
Art. 189. Unfair competition, fraudulent registration of
trade-mark, trade-name or service mark, fraudulent
designation of origin, and false description
CHAPTER ONE: FORGERIES
SECTION 1: FORGING THE SEAL OF THE
GOVERNMENT OF THE PHILIPPINE
ISLANDS, THE SIGNATURE OR STAMP
OF THE CHIEF EXECUTIVE
ART. 161. COUNTERFEITING THE GREAT
SEAL OF THE GOVERNMENT OF THE
PHILIPPINE ISLANDS, 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;
• Counterfeiting, or making an imitation of the
signature of the Chief Executive on what is
made to appear as an official document.
• If the signature was placed in a blank
document, and the document was written
above it, then it is not punishable under Art.
161. but Art. 171 or 172.
(3) Forging the Stamp of the President.
• Custody of the great seal of the Government
of the Philippines:
• Sec. 19 of the Revised Administrative Code:
The Great Seal shall remain in the custody of
the President and shall be affixed to or placed
upon all commissions signed by him, other
official documents and papers, or as may be
required by custom and usage.
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ART. 162: USING FORGED SIGNATURE OR
COUNTERFEIT SEAL OR STAMP
ELEMENTS
a. The great seal of the Republic was counterfeited, or
the signature or stamp of the Chief Executive was
forged by another person;
b. Offender knew of the counterfeiting or forgery;
c. Used the counterfeit seal or forged signature or
stamp.
• Offender under this article should not be the
forger, he only uses the forged effects.
• If the offender is the forger, Art. 161 will apply.
• Although the general rule is that he should be
punished by a penalty of two degrees lower,
under Article 162 he is punished by a penalty
only one degree lower.
SECTION 2: COUNTERFEITING COINS
ART. 163: MAKING AND IMPORTING
AND UTTERING FALSE COINS
ELEMENTS
a. Existence of false or counterfeited coins;
b. Offender made or imported or uttered such coins;
c. In case of uttering such false coins, he connived
with counterfeiters or importers.
COIN
Piece of metal stamped with certain marks and made
current at a certain value.
COUNTERFEITING
The imitation of a design of a legal or genuine coin.
COUNTERFEIT COIN
● Not authorized by the government as legal tender,
regardless of its intrinsic value.
● There is counterfeiting when a spurious coin is made.
There must be an imitation of the peculiar design of a
genuine coin. (US vs. Basco, 6 PHIL 110)
IMPORTATION
● The bringing of fake coins into port.
● Importation is complete before entry at the Customs
House. (US vs. Lyman, 26 Fed. Cas. 1024)
● To utter is to pass counterfeited coins, including their
delivery or the act of giving them away. (Decisions of
the Supreme Court of Spain of January 11, 1913)
Lasallian Commission on Bar Operations
Criminal Law
● Guarantee of the State: that the currency is backed up
by something of value.
KINDS OF COINS THE COUNTERFEITING
OF WHICH IS PUNISHED
(1) Silver coins of the Philippines or coins of the
Central Bank of the Philippines;
(2) Coins of the minor coinage of the Philippines or of
the Central Bank of the Philippines;
(3) Coin of the currency of a foreign country.
Counterfeiting demonetized coins is still punishable. The
intent of legislature in punishing the counterfeiting of
coins is not alone the harm caused to the public by the fact
that a counterfeit may go into circulation, but the danger
that a counterfeiter produces by his stay in the country,
and the possibility that he may later apply his trade to the
making of coins in actual circulation. (People vs. Kong
Leon)
Counterfeiting of coins or blank notes which are not
current is not an offense; the reason for such a rule is that
no person is defrauded if the coin is not in circulation.
However, in this case, collectors were to be defrauded as
the purpose of fabrication appeared to be the sale of such
coins to the Moros who valued them as relics or rare
objects. (People vs. Kong Leon)
Whether it is the currency of the Philippines or the United
States, or any other foreign country, it will still be
punishable (for acts described in Art. 163) as what is
intended to be protected are not only the coins but also
the public in general (People v. Tin Ching, 90 Phil. 870).
ART. 164: MUTILATION OF COINS;
IMPORTATION AND UTTERANCE OF
MUTILATED COINS
ACTS PUNISHED
(1) Mutilating coins of the legal currency, with the
further requirement that there be intent to damage
or to defraud another;
• Requirement that the mutilation be done on
coin that is legal currency. (People vs Tin
Ching Ting)
• Must be a coin of the Philippines, not foreign.
• Offender gains from the precious metal dust
abstracted from the coin.
(2) Importing or uttering such mutilated coins in
connivance with mutilators or importers.
(3) Mutilation is the only article which requires:
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a. Legal Currency (“Legal Tender”) lifetime, and such acts unfavorably reflect on the discipline
b. Philippine Coin of our people and create a bad image for our country;

MUTILATION That it shall be unlawful for any person to wilfully deface,

mutilate, tear, burn or destroy, in any manner whatsoever,
Take off part of the metal either by filing it or substituting currency notes and coins issued by the Central Bank of the
it for another metal or inferior quality. Philippines;

Diminish by ingenious means the metal in the coin, to That any person who shall violate this Decree shall, upon
appropriate it. The coin’s intrinsic value diminishes. conviction, be punished by a fine of not more than twenty
(People vs Tin Ching Ting, supra) thousand pesos and/or by imprisonment of not more than
five years.
ART. 165: SELLING OF FALSE OR
Punishes defacing or mutilating Philippine legal currency:
MUTILATED COIN, WITHOUT
● Paper/Notes
CONNIVANCE ● Coins

ACTS PUNISHED Without intent to collect dust from mutilation of coins.

(1) Possession of a coin mutilated or counterfeited by

SECTION 3: FORGING TREASURY OR
another, with intent to utter, knowing that the coin
is false or mutilated;
BANK NOTES, OBLIGATIONS AND
SECURITIES; IMPORTING AND
NOTE: Constructive Possession includes: Subjection UTTERING FALSE OR FORGED NOTES,
of the thing to one’s control. OBLIGATIONS AND SECURITIES

(2) Actually uttering such false or mutilated coin, ART. 166. FORGING TREASURY OR BANK
knowing the same to be false or mutilated. NOTES ON OTHER DOCUMENTS
● As distinguished from Art. 164, there is no
PAYABLE TO BEARER; IMPORTING, AND
connivance required in Art. 165.
● If the coin was a false coin, such acts described UTTERING SUCH FALSE OR FORGED
in Art. 165 is still punishable, even if the false coin NOTES AND DOCUMENTS
was not of legal tender. But, if it was a mutilated
coin, it must be of legal tender for such acts to
ACTS PUNISHED
be punishable under Art. 165.
● The offender must not be the counterfeiter.
(1) Forging or falsification of treasury or bank note or
● If counterfeiter/mutilator is found in possession
other documents payable to bearer;
of the coins, the offense of counterfeiting or
(2) Importation of false or forged obligations or
mutilation. Possession is not a separate offense.
notes;
(Decision of the SC of Spain, June 28, 1877)
(3) Uttering of false or forged obligations or notes, in
connivance with the forgers or importers.
PD 247: PROHIBITING AND PENALIZING
DEFACEMENT, MUTILATION, TEARING, FORGERY
BURNING OR DESTRUCTION OF CENTRAL BANK The giving to a treasury or bank note or any instrument
NOTES AND COINS payable to the bearer the appearance of a true and genuine
document. (Bar 1999)
WHEREAS, Central Bank notes and coins are issued for
circulation as medium of exchange and to utilize them for FALSIFICATION
other purposes does not speak well of the due respect and The erasing, substituting, counterfeiting or altering by any
dignity befitting our currency; and means, the figures, letters, words, or signs contained
therein. (Bar 1999)
WHEREAS, defacing, mutilating, tearing, or partially
burning or destroying our currency by any means renders
it unfit for circulation, thereby unduly shortening its
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Green Notes 2019
Example: Accused erased and changed the last digit 9 of
Serial No. F79692619 of a genuine treasury note so as to
read 0. (Del Rosario vs People)
IMPORTATION
The bringing notes forged or falsified in a foreign country
into the Philippines.
UTTERANCE
The offering obligations or notes as genuine, knowing
them to be false or forged, with intent to defraud, whether
the offer is accepted or not. (26 CJ 924)
More severe penalties are meted out for forgeries and
falsifications of obligations of notes because these bring
such documents into discredit to the prejudice of the
interests of the State, and it is easier to accomplish such
forgeries as compared to making counterfeit coins. Also,
more profit can be derived from falsifying notes, etc.
(Hence, penalties depend on what kind of document is
forged, or falsified.)
The Code punishes forging or falsification of bank notes
and of documents of credit payable to bearer and issued
by the State more severely than it does the counterfeiting
of coins. (US v. Gardner)
NOTES AND OTHER OBLIGATIONS THAT MAY BE
FORGED OR FALSIFIED UNDER ART. 166
(1) Treasury or bank notes;
(2) Certificates;
(3) Other obligations and securities payable to bearer;
(4) PNB checks are commercial documents and are
not covered by Art. 166. (People v. Samson)
PAYABLE TO BEARER
(1) When expressed to be so payable
(2) When payable to a person named therein or bearer
(3) When payable to the order of a fictitious or non-
existing person, and such fact was known to the
person making it so payable
(4) When the name of the payee does not purport to
be the name of any person
(5) When the only or last endorsement is an
endorsement in blank.
The reason for this is that the forging tends to bring such
documents into discredit and the offense produces a lack
of confidence on the part of the holders of said documents
to the prejudice of society and of the State.
Lasallian Commission on Bar Operations
Criminal Law
ART. 167: COUNTERFEITING, IMPORTING
AND UTTERING INSTRUMENTS NOT
PAYABLE TO BEARER
ELEMENTS
a. Existence of an instrument payable to order or,
other document not payable to bearer;
b. Offender either forged, imported, or uttered such
instrument; and
c. In case of uttering, offender connived with the
forger or importer.
PAYABLE TO ORDER
● Drawn payable to the order of a specified person
or to him or his order and negotiated by
indorsement and delivery
● Application of Art. 167 is limited to instruments
payable to order.
● This article covers foreign instruments from the
government or the bank.
ART. 168: ILLEGAL POSSESSION AND USE
OF FALSE TREASURY OR BANK NOTES
AND OTHER INSTRUMENTS OF CREDIT
ELEMENTS
a. Any treasury or bank note or certificate or other
obligations and securities either payable to bearer
or payable to order or other documents not
payable to bearer is forged or falsified by another
person;
b. Offender knows that such instrument is forged or
falsified;
c. He performs any of the following:
i. Using any such forged/falsified instrument;
ii. Possessing with intent to use such
instrument.
A person in possession of falsified documents and who
makes use of the same is presumed to be the material
author of the falsification. (People vs Sendaydiego)
The burden of giving a satisfactory explanation of his
possession of forged bills. (People vs Dela Roca)
Possession of false treasury or bank notes alone is not a
criminal offense, there must be intent to to use said false
treasury or bank notes. (People vs Digoro)
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Art. 168 includes possession of counterfeit US dollars.

(People vs Perez). a. A bill, resolution or ordinance enacted or approved
or pending approval by either House, or any
provincial board or municipal council;
ART. 169: HOW FORGERY IS COMMITTED
b. Offender alters the same;
c. He has no proper authority to do so; and
ACTS PUNISHED
d. The alteration has changed the meaning of the
document.
(1) Forgery/Counterfeiting
By giving to a treasury or bank note or any
THE WRITING MUST BE
instrument the appearance of a true genuine
document.
a. Complete in itself; and
(2) Falsification
b. Either:
Erasing, substituting, counterfeiting or altering by
i. capable of extinguishing an obligation or
any means the figures, letters, words or signs
creating rights; or
contained therein.
ii. capable of becoming evidence of the facts
stated therein.
The essence of forgery is giving a document the
appearance of a true and genuine document.
● Art. 170 only punishes alteration without
authority. All other acts of falsification are
One of the ways forgery can be accomplished is by erasing,
punished under the next articles
substituting, counterfeiting or altering by any means
● The bill, resolution or ordinance must be
figures, letters, words or signs contained therein.
genuine.
Possession of such forged notes knowingly is punishable.
● The offender can be a private or public
(Del Rosario vs. People)
individual/officer.

The unauthorized addition of the word “Victory” at the

back of the certificate was made for no other purpose than ART. 171: FALSIFICATION BY PUBLIC
to give to it the appearance of a true legal tender of the OFFICER, EMPLOYEE OR NOTARY OR
current bills, and so cause its acceptance as legal tender.
ECCLESIASTIC MINISTER
The forgery is akin to, if not worse than, affixing a seal to a
genuine signature on a document which is invalid without
ELEMENTS
a seal. (People vs. Galano)

a. Offender is:
The alteration or even destruction of demonetized paper
i. public officer or employee;
bills would harm no one but the holder and would not
ii. notary public;
constitute a crime but for the utterance of the bill so
iii. ecclesiastical minister if he commits a
altered. Its utterance by giving it the appearance of a true
falsification affecting the civil status of
and genuine legal tender of the Victory series shows the
persons;
intention to deceive and defraud the Government in its
duty to protect not only the public but also the paper bills
b. He takes advantage of his official position:
legally issued.
i. offender has the duty to make or to prepare
or otherwise to intervene in the
SECTION 4: FALSIFICATION OF preparation of the document;
LEGISLATIVE, PUBLIC, COMMERCIAL, ii. offender has the official custody of the
AND PRIVATE DOCUMENTS, AND document which he falsifies (People vs Uy);
WIRELESS, TELEGRAPH, AND iii. if he did not take advantage of his official
TELEPHONE MESSAGE position, then Art. 172.

c. Falsifies a document by committing any of the

ART. 170: FALSIFICATION OF
following:
LEGISLATIVE DOCUMENTS i. Counterfeiting or imitating any
handwriting, signature or rubric;
ELEMENTS

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 Green Notes 2019
ii. Causing it to appear that persons have
participated in any act or proceeding when
they did not in fact so participate;
iii. Attributing to persons who have
participated in an act or proceeding
statements other than those in fact made
by them;
iv. Making untruthful statements in a
narration of facts
v. Altering true dates;
vi. Making any alteration or intercalation in a
genuine document which changes its
meaning;
vii. Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such a copy a
statement contrary to, or different from,
that of the genuine original; or
viii. Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry, or official book
NOTE: In case the offender is an ecclesiastical minister,
the act of falsification is committed with respect to any
record or document of such character that its falsification
may affect the civil status of persons.
There is no crime of attempted or frustrated falsification
of public document
DOCUMENT
Any writing or instrument by which a fact may be proven
or affirmed, rights and duties established. (People vs
Moreno)
NOTE: No crime of Estafa through falsification of private
document because the two felonies have the same
element: the intent to damage. But there is Estafa through
falsification of public Document
MODES OF FALSIFYING A DOCUMENT
(1) Counterfeiting or imitating (feigning) any
handwriting, signature or rubric
“Counterfeiting” the imitating of any handwriting,
signature or rubric
“ Feigning” simulating a signature, handwriting, or
rubric out of one of which does not in fact exist.
(2) Causing to appear that persons have participated in
an act or a proceeding.
Lasallian Commission on Bar Operations
Criminal Law
ELEMENTS:
a. Offender caused it to appear in a document
that a person or persons participated in an act
or a proceeding;
b. Such person/s did not in fact so participate;
c. Attributing to persons who have participated in
any act or proceeding, statements other than
those in fact made by them.
(3) Making untruthful statements in a narration of facts.
ELEMENTS:
a. Offender makes in a document statements in a
narration of facts;
b. He has a legal obligation to disclose the truth
of the facts narrated by him;
c. Facts narrated by the offender are absolutely
false; and
d. Perversion of truth in the narration of facts was
made with the wrongful intent of injuring a
third person.
NOTE:
• Only a requirement if document falsified is a
private document.
• There must be a law requiring the disclosure of
the truth, and the person must be aware of the
falsity. Hence, Good faith is a defense.
• If there is colorable truth to the facts, then it is
not punished as facts must be absolutely false
to be punished.
• Wrongful intent not essential when the
document falsified is public document and
done by a public officer.
(4) Attributing to persons who have participated in any
act or proceeding statements other than those in fact
made by them
ELEMENTS:
a. That a person or persons participated in act or
proceeding;
b. That such person or persons made statements in
that act or proceeding;
c. That the offender in making a document,
attributed to such person, statements other than
those in fact made by such person or persons
(5) Altering True Dates
Change or insertion must affect the integrity or effects
of the document. Furthermore, the alteration should
make the document speak something false. Otherwise,
it would merely be a correction.
(6) Issuing in authenticated form a document
purporting to be a copy of an original, when no such
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 Green Notes 2019
original exists, or including in such a copy a
statement contrary to or different from, that of the
genuine.
NOTE: Can be committed only by a public officer or
notary public who takes advantage of his official
position, since authentication of a document can only
be done by the custodian.
(7) Issuing in authenticated form a document
purporting to be a copy of an original when no such
original exists
Including in such a copy a statement contrary to or
different from the genuine (requires genuine
document).
(8) Intercalating any instrument or note relative to the
issuance:
1. Defacing original;
2. Only for those who have custody.
NOTE: An Information must list down as many acts of
falsification as are applicable, but even if all are proven, the
accused can be convicted only of one crime of falsification.
An accused cannot be convicted however, of falsification
through an act different from the one charged in the
information.
ART. 172: FALSIFICATION BY PRIVATE
INDIVIDUAL AND USE OF FALSIFIED
DOCUMENTS
ACTS PUNISHED
(1) FALSIFICATION OF A PUBLIC, OFFICIAL OR
COMMERCIAL DOCUMENT BY A PRIVATE
INDIVIDUAL;
Elements:
a. Offender is a private individual or public
officer or employee who did not take
advantage of his official position;
b. Committed any of the acts of falsification
enumerated;
c. Falsification was committed in a public,
official or commercial document.
FOUR KINDS OF DOCUMENTS
a. “Public” Created, executed, issued by a public
official in response to the exigencies of public
service; OR any instrument authorized by a
Lasallian Commission on Bar Operations
Criminal Law
notary public or a competent public official, with
the solemnities required by law. (US vs Asensi)
b. “Official” Document issued by a public official in
the exercise of the functions of his office
c. “Private” Deed or instrument executed by a
private person without the intervention of a
notary public or any other individual authorized
to so. (US vs Orera)
d. “Commercial”
i. Used by merchants or businessmen to
promote or facilitate trade or credit
transactions (People vs Co Beng)
ii. Element of damage is unnecessary because
of the nature of the documents involved;
damage is presumed to be against public
interest.
NOTE: Since damage is not an element of
falsification of a public document, it could
be complexed with estafa as a necessary
means to commit the latter. Further, good
faith is a defense.
(2) FALSIFICATION OF A PRIVATE DOCUMENT BY
ANY PERSON;
Elements:
a. Offender committed any of the 8 acts of
falsification, except Paragraph 7 enumerated in
Art. 171;
b. Falsification was committed in any private
document;
c. Falsification caused damage to a third party, or
was committed with intent to cause damage.
NOTE: In cases of public, official or commercial
documents: damage does not need to be
material. Profiting from the crime or hoping to
do the same is not required. And such
falsification can be complexed with estafa.
In case of a private document, intent and damage
must be proved. This cannot be complexed with
estafa as there is no estafa through falsification
of a private document.
Why? In the former case, what is punished is the
violation of public faith and perversion of truth.
In the latter case, what is punished is prejudice
to a third party.
(3) USE OF FALSIFIED DOCUMENT;
1. Introducing in a judicial proceeding;
Elements:
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Green Notes 2019
a. Offender knew that a document was
falsified by another person;
b. False document is embraced in Art 171
(POC) Paragraph 1 and 2 of Art. 172 (private
document and POC);
c. Offender introduced said document in
evidence in any judicial proceeding.
NOTE: Damage is NOT NECESSARY.
2. Use in any other transaction;
Elements:
a. Offender knew that a document was
falsified by another person;
b. False document is embraced in Art 171
(POC) or Paragraph 1 and 2 of Art. 172
(private and POC);
c. Offender used such document (not in
judicial proceedings);
d. Use of the false document caused damage
to another or it was used to cause such
damage.
NOTE: If the person who used the falsified
document is the same person who falsified
it, the crime is only falsification and the use
of the same is not a separate crime.
PRESUMPTIONS:
1. A person in possession of the falsified
document is presumed to be the author
thereof;
2. The user of the falsified document is
deemed the author of the falsification if:
● The use was so closely connected
in time with the falsification;
● User had the capacity of falsifying
the documents.
(4) FALSIFICATION OF WIRELESS / CABLE /
TELEGRAPH AND TELEPHONE MESSAGE AND
USE OF FALSIFIED MESSAGES
1. Uttering fictitious, wireless, telegraph or
telephone message
2. Falsifying wireless, telegraph or telephone
message
Elements:
a. That the offender is an officer or employee
of the government or an officer or
employee of a private corporation, engaged
in the service of sending or receiving
wireless, cable or telephone message
b. That the accused commits any of the
following acts:
Lasallian Commission on Bar Operations
Criminal Law
i. uttering fictitious wireless, cable,
telegraph, or telephone message, or
ii. falsifying wireless, cable, telegraph,
or telephone message
3. Using such falsified message
Elements:
a. That the accused knew that wireless, cable,
telegraph, or telephone message was
falsified by any of the person specified in
the first paragraph of art. 173.
b. That the accused used such falsified
dispatch.
c. That the use of the falsified dispatch
resulted in the prejudice of a third party, or
that the use thereof was with intent to
cause such prejudice.
FALSIFICATION AND OTHER CRIMES
Complex crimes: Falsification as a necessary means to
commit other crimes.
Estafa through falsification of a public, official, or
commercial document
Before the falsified document is actually utilized to defraud
another, the crime of falsification has already been
consummated.
The element of damage or intent to cause damage, not
being an element of the crime of falsification of P, O and C
documents, is caused by the commission of estafa.
There is no crime of estafa through falsification of a private
document unless another act independent of the
falsification caused the damage. the crime is only
falsification (being more specific).
If the falsification is used TO CONCEAL the crime (e.g.
misappropriation of funds), the crime is merely estafa.
THEFT THROUGH FALSIFICATION
Malversation through falsification of a public document.
E.g. falsification of the purchase order, an official
document, was a necessary means to commit the crime of
theft.
FALSIFICATION THROUGH RECKLESS IMPRUDENCE
OF PUBLIC, OFFICIAL OR COMMERCIAL DOCUMENTS
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E.g. Cashier who identified as payee of the PNB check a
person whom he did not know, but without malice.
(Samson vs CA)
Reckless imprudence in the falsification of a private
document is untenable since the element of damage or
malice is necessary.
No complex crime of estafa through falsification of a
private document because the immediate effect of
falsification of a private document is the same as that of
estafa. It cannot be said to be a means to commit estafa
because the fraudulent gain obtained through deceit in
estafa, in the commission of which a private document was
falsified, is nothing more nor less than the very damage
caused by the falsification of such document.
Document was official, and there was a legal obligation to
disclose the truth
The existence of a wrongful intent to injure a third person
is not necessary when the falsified document is a public
document
Since an official document was falsified, there was no need
to prove damage to the government or to a third party.
ART. 173: FALSIFICATION OF WIRELESS,
CABLE, TELEGRAPH AND TELEPHONE
MESSAGES, AND USE OF SAID FALSIFIED
MESSAGES.

ACTS PUNISHED
People v. Romualdez
Multiple Acts of Falsification must each be specified = 1
(1) Uttering a fictitious wireless, telegraph or
crime of falsification committed.
telephone message;

Beradio v. CA
ELEMENTS:
Absolute Falsity Required: Depending on the nature of the
a. Offender is an employee or officer or
document. There must be no color of truth to the
employee of the Government OR Any
falsification.
private corporation or concern engaged in
the service of sending or receiving
Cabigas v. People
wireless, cable or telephone message;
Where the document was not a public or official
b. Offender commits any of the following
document of the government, even if such a document was
acts:
used in a government office, the same would not
i. Uttering fictitious wireless, telegraph
constitute falsification.
or telephone message of any system;
ii. Falsifying the same;
If the alteration was made to speak the truth, there is no
falsification.
(2) Using falsified dispatch;

People v. Sendaydiego
ELEMENTS:
Falsification was used to conceal the malversation, thus
a. Offender knows that the message was
falsification not being a necessary means to commit, the
falsified;
crime is not complex, but separate crimes. E.g. 6 b. Uses such falsified dispatch;
documents, 6 separate crimes of malversation. c. To the prejudice of a third party or with
intent to cause such prejudice.
INQUIRY: How were the falsified documents used?
Presumption: A person in possession of a falsified NOTE:
document is the material author of the falsification, in the • Private individual cannot be a principal by direct
absence of satisfactory explanation – especially if the
participation in falsification of telegraphic
uttering was so closely connected in time with the forgery. dispatches.
• He may be liable as principal by inducement.
Siquian v. People
• Act No. 1851, Sec 4 punishes private individual who
The Mayor had the duty to know the budget situation of
forge or alter telegram.
the municipality, and so issuing official certifications of
availability of funds when there were none amounted to
falsification through negligence.

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Green Notes 2019
SECTION 5: FALSIFICATION OF MEDICAL
CERTIFICATES, CERTIFICATES OF MERIT
OR SERVICES AND THE LIKE
ART. 174: FALSE MEDICAL CERTIFICATES,
FALSE CERTIFICATES OF MERITS OR
SERVICE, ETC
PERSONS LIABLE
(1) False medical certificate by a physician;
(2) False certificate of merit or service by a public
officer; and
(3) False medical certificate by a private individual or
false certificate of merit or service by a private
individual.
Art. 175: Using False Certificates
ELEMENTS
a. Certificate was falsified by person mentioned in
Art. 174 (physician, surgeon, public officer, private
person);
b. Offender knew that the certificate was false; and
c. Offender used the certificate.
SECTION 6: MANUFACTURING AND
POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION
ART. 176: MANUFACTURING AND
POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION
ACTS PUNISHED
(1) Making or introducing into the Philippines any
stamps, dies, marks or other instruments or
implements for counterfeiting or falsification.
(2) Possessing with intent to use the instruments or
implements for counterfeiting made in or
introduced into the Philippines by another
person.
NOTE:
• Punishes not only casual but constructive
possession. (People vs Andrada)
• A person who manufactured a seal in imitation of
the seal of Lipa, Batangas, for making false
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Criminal Law
certificates for the transfer of livestock, is guilty of
making instrument for falsification of certificates.
(US vs Angeles)
• A person who possessed an iron brand to be used
in falsifying the official brand of a municipality for
cattle branding is guilty of illegal possession of
instrument for falsification (need not be a
complete set). (People vs Magpale)
CHAPTER TWO: OTHER FALSIFICATIONS
SECTION 1: USURPATION OF
AUTHORITY, RANK, TITLE, AND
IMPROPER USE OF NAMES, UNIFORMS
AND INSIGNIA
ART. 177: USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS.
ACTS PUNISHED
(1) Usurpation of Authority
The mere act of knowingly and falsely representing
oneself to be an officer, agent or representative of
any departments of the Government is sufficient to
hold him liable. It is not necessary that he performs
an act pertaining to a public officer. (People vs Bueza)
Elements:
a. Offender knowingly and falsely represents
himself; and
b. As an officer, agent or representative of any
department or agency of the Philippine
government or of any foreign government.
● Mere representation is sufficient to be punished,
even without the subsequent acts.
(2) Usurpation of Official Functions;
It is essential that the offender shall have performed
an act pertaining to a person in authority or public
officer under pretense of official position without
being lawfully entitled thereto (People vs Bueza)
Elements:
a. Offender performs any act;
b. Pertaining to any person in authority or
public officer of the Philippine government
or any foreign government, or any agency
thereof;
c. Under pretense of official position; and
d. Without being lawfully entitled to do so.
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NOTE:
● There must be positive express and explicit
representation. (People vs Calinisan)
● Cannot allege both acts in one information.
● False representation may be shown by acts.
Thus, even in the absence of evidence that he
represented himself as a police officer, his acts
in blowing his whistle, stopping buses and
ordering drivers to step down their passenger
vehicles and produce their driver’s license,
sufficiently establishes his culpability of the
crime. (People vs Reyes)
People v. Cortez
Usurpation of authority may be complexed with other
crimes e.g. usurpation of authority through falsification of
a public document by a private individual.
Gigantoni v. People
One suspended retains his status but loses authority to
exercise functions. He therefore does not “knowingly and
falsely represent himself to be an officer, etc.” but he does
perform an act pertaining to any public officer, under
pretense of official position, without being lawfully
entitled to do so.
ART. 178. USING FICTITIOUS NAME AND
CONCEALING TRUE NAME
ACTS PUNISHED
(1) USING FICTITIOUS NAME
Fictitious Name - Any other name which a person
publicly applies to himself without authority of law.
(US vs To Lee Piu)
Elements:
a. Offender uses a name other than his real name;
b. He uses the fictitious name publicly; and
c. Purpose of use is to conceal a crime, to evade
the execution of a judgment or to cause
damage to public interest.
(2) CONCEALING TRUE NAME AND OTHER
PERSONAL CIRCUMSTANCES
Elements:
a. Offender conceals his true name AND other
personal circumstances; and
b. Purpose is only to conceal his identity
CA 142 AMENDED BY RA 60805: REGULATING
THE USE OF ALIASES
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General Rule: No person shall use any name different from
the one with which he was:
(1) Registered at birth in the Office of the Local Civil
Registry;
(2) With which he was registered in the Bureau of
Immigration upon entry; and
(3) Such substitute name as may have been
authorized by a competent court.
Exception:
(1) Pseudonym solely for literary, cinema, television,
radio or other entertainment; and
(2) In athletic events where the use of pseudonym is
a normally accepted practice.
Art. 379, Civil Code:
The employment of pen names or stage names is
permitted provided it is done in good faith and there is no
injury to third persons. Pen names and stage names cannot
be usurped.
ART. 179. ILLEGAL USE OF UNIFORMS
OR INSIGNIA
ELEMENTS
a. Offender makes use of insignia, uniform or dress;
b. The said insignia, uniform or dress pertains to an
office not held by the offender; and
c. Said insignia uniform or dress is used publicly and
improperly (with intent to deceive).
RA 75: An Act to Penalize Acts Which Would Impair
The Proper Observance By The Republic And
Inhabitants of the Philippines of the Immunities,
Right, And Privileges Of Duly Accredited Foreign
Diplomatic And Consular Agents In The Philippines
Section 1 penalizes any person who falsely assume and
take upon himself as an official of a foreign government
duly accredited to the Government of the Philippines
with intent to defraud or to obtain money, paper,
document or other thing.
Section 3 punishes any person who wear any naval,
military, police or other uniform with intent to deceive
or mislead.
RA 493: An Act To Prohibit The Use Or Conferring Of
Military Or Naval Grades Or Titles By Or Upon
Persons Not In The Service Of The Armed Forces Of
The PH Or The Philippine Constabulary, To Regulate
The Wearing, Use, Manufacture And Sale Of Insignias,
Decorations and Medals, Badges, Patches and
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Identification Cards Prescribed for the Said Armed
Forces or Constabulary, and for Other Purposes
It provides that it shall be unlawful for any person not
in the service of the Armed Forces of the Philippines or
the Philippine to use or wear the duly prescribed
insignia, badge or emblem or rank of the members of
the Armed Forces of the Philippines or the Philippine
Constabulary, or any colorable imitation thereof.
SECTION 2: FALSE TESTIMONY
Committed by a person who, being under oath and
required to testify as to the truth of a certain matter at a
hearing before a competent authority shall deny the truth
or say something contrary to it.
3 FORMS OF FALSE TESTIMONY
b. Offender testifies falsely under oath IN FAVOR of the
defendant;
c. Offender who gives false testimony knows that it is
false; and
d. Trial need not be terminated.
Reason: It is punished not because of the effect it actually
produces but because of its tendency to favor or to
prejudice the defendant. (Decision of SC of Spain, 1904)
● It is not necessary that the testimony influenced
the decision. Also, it is enough that there is intent
for such testimony to favor the defendant, even
if such testimony did not benefit him.
● Conviction or acquittal is also not necessary.
ART. 182: FALSE TESTIMONY
IN CIVIL CASES

(1) False testimony in criminal cases under Article 180 ELEMENTS

and 181.
(2) False testimony in civil case under Article 182. a. Testimony is given in a civil case (ordinary, not
(3) False testimony in other cases under Article 183. special proceedings);
b. Testimony must relate to the issues presented in
said case;
ART. 180: FALSE TESTIMONY c. Testimony must be false;
AGAINST A DEFENDANT d. False testimony must be given by the defendant,
knowing the same to be false; and
ELEMENTS e. Testimony must be malicious and given with an
intent to affect the issues presented in the case
a. There be a criminal proceeding;
b. Offender testifies falsely under oath against NOTE: If false testimony is committed in Special
defendant; Proceedings, Art. 183 applies.
c. Offender who gives false testimony knows that it is
false; and
ART. 183: FALSE TESTIMONY IN OTHER
d. Defendant in the case is either acquitted or
convicted by final judgment.
CASES AND PERJURY IN SOLEMN
AFFIRMATION
NOTE:
• Penalty depends upon the sentence of the TWO WAYS OF COMMITTING PERJURY
defendant against whom false testimony was given.
• The witness who gave false testimony is liable even (1) By falsely testifying under oath; and
if his testimony was not considered by the court. (2) By making a false affidavit.
• He must testify on material matters. Even if he lied
during his testimony on immaterial matters like his ELEMENTS
age, this article is not violated.
a. Accused made a statement under oath or
ART. 181: FALSE TESTIMONY FAVORABLE executed an affidavit before a competent officer,
authorized to receive and administer oath.
TO THE DEFENDANTS
• Statement made must be upon any material
matter
ELEMENTS
• Any fact or circumstance which tends to
corroborate or strengthen the testimony
a. There be a criminal proceeding;
relative to the subject of the injury
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b. Statement was made before a competent officer,
authorized to receive and administer the oath.
c. In that statement or affidavit, accused made a
willful and deliberate assertion of a falsehood.
• No perjury through negligence or
imprudence.
• Good faith is a defense
d. Sworn statement or affidavit containing the
falsity is required by law.
• It is sufficient that statement or affidavit is
made for a legal purpose, even if there is no
law requiring such statement to be made
under oath.
• If two sworn statements are contradictory,
prosecution must prove which one is false
by other evidence. Why? This is important
because if the statement before the FISCAL
is false, then Art. 183 applies. If the
testimony before the court is false, then Art.
181 – 182 applies.
TEST OF MATERIALITY
Whether evidence if admitted could properly influence the
result of the trial
OATH
Any form of attestation by which a person signifies that he
is bound in conscience to perform an act faithfully and
truthfully. It involves the idea of calling on God to witness
what is averred as truth, and it is supposed to be
accompanied with an invocation of His vengeance, or a
renunciation of His favor in the event of falsehood.
MATERIAL MATTER
Main fact which is the subject of the inquiry or any
circumstance which tends to prove that fact, 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.
(US vs Estrano)
Subornation of perjury
● Committed by a person who knowingly and
willfully procures another to swear falsely and
the witness suborned does testify under
circumstances rendering him guilty of perjury.
(US vs Ballena)
● Not expressly penalized in the RPC but the direct
induction of a person by another to commit
perjury may be punished under Art 183 in
relation to Art 17 (will be principals by
inducement and direct participation). (People vs
Pudol)
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Criminal Law
Two contradictory sworn statements is not sufficient to
convict perjury. The prosecution must prove which of the
two statements is false, and must show that the statement
to be false by other evidence than the contradictory
statement. (US vs Capistrano)
People v. Abaya
Good faith or lack of malice is a defense in perjury. The
accused did not act with malice. The accused who could
not be expected to determine the property, from a legal
point of view of the inclusion, merely stated a fact in said
inventory
Diaz v. People
Although the crime of falsification may have also been
committed when the offender commits forgery through a
sworn statement, the fact that the document was sworn
under oath (becomes affidavit), the crime committed is
perjury (being the more specific crime).
ART. 184: OFFERING FALSE TESTIMONY
IN EVIDENCE
ELEMENTS
a. Offender offered in evidence a false witness or false
testimony;
b. The lawyer knew the witness, or the testimony was
false; and
c. Offer was made in a judicial or official proceeding.
NOTE: The one who made the testimony is liable under
either Art. 180, 181, 182 or 183.
CHAPTER THREE: FRAUDS
SECTION 1: MACHINATIONS,
MONOPOLIES AND COMBINATIONS
ART. 185: MACHINATIONS IN PUBLIC
AUCTIONS
ACTS PUNISHED
(1) SOLICITING ANY GIFT OR PROMISE AS A
CONSIDERATION FOR REFRAINING FROM
TAKING PART IN ANY PUBLIC AUCTION;
Elements:
a. There be a public auction;
b. Offender solicited any gift or promise as
consideration for refraining to take part; and
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c. Accused had the intent to cause the reduction
of the price of the thing auction
NOTE: Mere solicitation consummates the crime.
(Attempting to cause bidders to stay away from an
auction by threats, gifts, promises or any other
artifice)
(2) ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY
FROM AN AUCTION BY THREATS, GIFTS,
PROMISES OR ANY OTHER ARTIFICE;
Elements:
a. There be a public auction;
b. Offender attempted to cause bidders to stay
away from the auction;
c. Attempt was done through threats, gifts or
promises; and
d. Offender had the intention to cause the
reduction of the price.
NOTE: Mere attempt consummates the crime
REASON FOR THE PROVISION:
Execution sales should be opened to free and full
competition in order to secure the maximum benefit for
the debtors. (Diaz vs Kapunan)
ART. 186. MONOPOLIES AND
COMBINATIONS IN RESTRAINT
OF TRADE
ACTS PUNISHED
(1) Combination to prevent free competition in the
market;
a. Entering into a contract or agreement, or
taking part in any conspiracy or combination;
b. In restraint of trade or commerce; or
c. To prevent by artificial means free
competition in the market
(2) Monopoly to restrain free competition in the
market;
a. Monopolizing any merchandise or product;
or
b. Combining with any other person or persons
to monopolize said merchandise or object in
order to alter the price.
(3) Manufacturer, producer or processor or importer
combining, conspiring or agreeing with any person
to make transactions prejudicial to lawful
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Criminal Law
commerce or to increase the market price of the
merchandise
PERSONS LIABLE:
1. Manufacturer,
2. producer,
3. processor or importer.
CRIME IS COMMITTED BY:
1. Conspiring,
2. Combining, or
3. Agreeing with any person.
PURPOSE:
1. To make transactions prejudicial to
lawful commerce; or
2. To increase market price.
QUALIFIED: If offense affects any food substance
or other article of prime necessity.
If the monopolies and combinations in restraint of trade
affect any food substance, motor fuel or lubricants or
other article of prime necessity, it is sufficient for the
imposition of a higher penalty that the initial steps have
been taken toward carrying out the purpose of
combination.
General Rule: When committed by a corporation or
association, the president and directors or managers are
liable as principals when they:
1. Knowingly permitted,
2. Failed to prevent the commission of such
offense.
Exception: Exception to rule that a director or other
officer of a corporation is not liable criminally for the
corporate acts performed by other officers or agents
thereof as held in the case of People vs Montilla.
SECTION 2: FRAUDS IN COMMERCIAL
AND INDUSTRY
ART. 187: IMPORTATION AND
DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS
ELEMENTS
(1) Offender knowingly:
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a. Imports, MARK, TRADE-NAME OR SERVICE MARK,

b. Sells,
FRAUDULENT DESIGNATION OF ORIGIN,
c. Disposes;
(2) Any article or merchandise made of gold, silver, or AND FALSE DESCRIPTION
other precious metals or their alloys; and
(3) Which fail to indicate the actual fineness or quality ACTS PUNISHED:
of said metals
a. Gold: Less by more than .5 karat (1) Unfair Competition;
b. Silver: Less by more than .004 a. Selling goods, giving them the general
c. Flatware made of gold: Less by more than appearance of goods of another
.003 manufacturer or dealer;
b. Sale of goods similar enough to cause
NOTE: Manufacturer who alters the quality or fineness of confusion in the minds of the general public;
said merchandise is liable under estafa. (Article 315, ● Whether certain goods have been
subdivision 2 (b) of the Code) clothed with an appearance which is
likely to deceive the ordinary purchaser
exercising ordinary care, and not
ART. 188: SUBSTITUTING AND ALTERING whether a certain limited class of
TRADEMARKS, TRADENAMES OR purchasers with special knowledge not
SERVICE MARKS possessed by the ordinary purchaser
could avoid mistake by the exercise of
this special knowledge.
INFRINGEMENT
(2) Fraudulent description or origin or false
The use of another’s registered trademark and trade name.
description;
(3) Affixing to his goods or using in connection with
ACTS PUNISHED
his services a false designation of origin or any false
description or representation; and
(1) Substituting the tradename or trademark of some
(4) Selling such goods or services.
other manufacturer or dealer or a colorable
(5) Fraudulent registration.
imitation thereof, for the tradename or trademark
● Procuring fraudulently from the patent
of the real manufacturer or dealer, upon any article
office the registration of a tradename,
or commerce and selling the same;
trademark or service mark.
(2) Selling or offering for sale such articles of
commerce, knowing that the tradename or
“UNFAIR COMPETITION” Consists in employing
trademark has been fraudulently used;
deception or any other means contrary to good faith by
(3) Using or substituting the service mark of some
which has shall pass off the goods manufactured by him or
other person, or a colorable imitation of such mark
in which he deals, or his businesses, or services for those
in the sale and advertising of his services; and
of the one having established such goodwill, or who shall
(4) Printing or lithographing or reproducing
commit any acts calculated to produce said result.
tradename, trademark of service mark of one
person or a colorable imitation thereof, to enable
“MARK” Any visible sign capable of distinguishing the
another person to fraudulently use the same,
goods (Trademark) or services (Service mark) of an
knowing the fraudulent purpose for which it is to
enterprise and shall include a stamped or marked
be used.
container.

NOTE:
“TRADEMARK” Name or designation identifying or
● Trade mark or tradename must be registered
distinguishing the enterprise.
otherwise, there can be no infringement of the
same.
ELEMENTS OF UNFAIR COMPETITION
● The differences need not be glaring and striking
to the eye. Mere colorable imitation is sufficient.
a. Confusing similarity in the general appearance of the
goods; and
ART. 189. UNFAIR COMPETITION, b. Intent to deceive the public and defraud a
FRAUDULENT REGISTRATION OF TRADE- competitor.

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CRIMES AGAINST PUBLIC MORALS

ELEMENTS OF TRADEMARK INFRINGEMENT
CHAPTER ONE: Gambling and Betting
a. Validity of plaintiff’s mark; Art. 195. Gambling.
● Trademark or tradename must not be Art. 196. Importation, sale and possession of lottery
merely descriptive or generic. tickets or advertisements.
Art. 197. Betting in sports contests.
b. Plaintiff’s ownership of the mark; and
Art. 198. Illegal betting on horse race.
c. The use of the mark or its colorable imitation by the Art. 199. Illegal cockfighting.
alleged infringer results in likelihood of confusion. CHAPTER TWO: Offenses Against Decency and
Good Customs
TESTS IN DETERMINING CONFUSING SIMILARITY Art. 200. Grave Scandal
Art. 201. Immoral doctrines, obscene publications and
exhibitions
1. DOMINANCY TEST - Focuses on the similarity of the
Art. 202. Vagrants and prostitutes; penalty.
prevalent features of the competing trademarks
which might cause confusion or deception and thus
infringement. CHAPTER ONE: GAMBLING AND
BETTING
NOTE: If the competing trademark contains the
main, essential or dominant features of another, and
NOTE: PD 1602 repealed Articles 195-199 insofar as they
confusion or deception is likely to result,
are inconsistent with said Act.
infringement takes place. Duplication or imitation is
not necessary; nor is it necessary that the infringing
label should suggest and effort to imitate. The only ART. 195. WHAT ACTS ARE
question is whether the use of the said marks PUNISHABLE IN GAMBLING
involved is likely to cause confusion or mistake in the
mind of the public or deceive purchasers. ((Emerald
ACTS PUNISHED
Garment Manufacturing Corp. vs CA)

(1) Directly or indirectly taking part in the gambling;

2. HOLISTIC TEST - Requires that the entirety of the
marks in question be considered in resolving
confusing similarity. Comparison of words is not the
only determining factor.
NOTE: The discerning eye of the observer must focus
not only on the predominant words but also on the
other features appearing in both labels in order that
he may draw his conclusion whether one is
confusingly similar to the other. (Emerald Garment
Manufacturing Corp. vs CA)
INFRINGEMENT UNFAIR COMPETITION
First registration First Use
“GAMBLING” - Any game or scheme the result of
which depends wholly or chiefly upon chance or
hazard and wherein wagers consisting of money,
articles of value, or representative of value are made.
(2) Knowingly permitting gambling to take place in an
inhabited or uninhabited place;
(3) Acting as maintainer, conductor or banker in any
game of jueteng or any similar game; and
(4) Knowingly and illegally possessing lottery list, paper
or other matter pertaining to the game of jueteng or
any similar game.

Use of trademark or Selling goods similar GAMES THAT CONSTITUTE GAMBLING

tradename of another or enough in appearance
colorable imitation with goods of another (1) Monte;
Must be similar enough to (2) Jueteng;
May be goods of different (3) Any form of lottery, policy, banking, or percentage
cause confusion to the
categories game;
ordinary buyer
(4) Dog races;
(5) “Pinball machines” or slot machines in the different
forms in which they are operated as gambling
devices because the winning therein depends wholly
upon chance or hazard; (Uy Ha vs. City Mayor et.al)

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(6) Any other mechanical invention or contrivance to d. Sale of lottery ticket without connivance with
determine by chance the loser or winner of money importers
or any object or representative of value.

“GAME OF CHANCE” -That which depends more on

ART. 197. BETTING IN SPORTS
chance or hazard than on skill or ability. CONTESTS

GAMES TO BE HELD TO BE GAMES OF CHANCE: ACTS PUNISHED

(1) Cuajo
(2) Draw poker (1) Betting money or any object or article of value of
(3) Black Jack representative value upon the result of any game,
(4) Pigeon lottery races and other sports contests;
(5) Teji (2) Game-fixing any arrangement, combination,
(6) Bancabanca scheme or agreement by which the result of any
(7) Yampong or liampo game, races, or sports contests shall be predicated
(8) Nones y pares and/or known other than on the basis of the
honest playing skill or ability of the players or
LOTTERY participants;
A species of gaming which may be deemed as a scheme for (3) Point-shaving any such arrangement
the distribution of prizes by chance among persons who combination, scheme or agreement by which the
had paid, or agreed to pay, a valuable consideration for the skill or ability of any player or participant in a fame,
chance to obtain a prize. races, or sports contests to make points of scores
shall be limited deliberately in order to influence
A scheme by which the result is reached by some action or the result thereof in favor of one or other team,
means, taken, and which result man’s choice or will has no player or participant; and
part, nor can human reason, foresight, sagacity, or design (4) Game-machinations any other fraudulent,
enable him to know or determine such result until the deceitful, unfair or dishonest means, method,
same has been accomplished.
manner or practice employed for the purpose of
influencing the result of any game, races or sport
ELEMENTS OF LOTTERY contest.

a. Consideration;
b. Chance; ART. 198. ILLEGAL BETTING ON
c. Prize, or some advantage or inequality in amount HORSE RACE
or value which is in the nature of a prize.
ACTS PUNISHED
NOTE: There is no lottery when the person gets the full
value for his money. (1) Betting on horse races on days not allowed by law;
(2) Maintaining or employing a totalizer or other
If the prizes do not come out of the funds or contributions device for betting on horse races or for profit on
of the participants, there is no lottery. (Uy v. Palomar) days not allowed by law.

ART. 196: IMPORTATION, SALE AND NOTE: Any race held on the same day and at the same
POSSESSION OF LOTTERY TICKETS OR place shall be considered as a separate offense and if
committed by a corporation, partnership, or association,
ADVERTISEMENTS
the president and directors or managers thereof who
consented to or tolerated its commission are deemed
ACTS PUNISHED principals.

a. Importation of lottery tickets; WHEN HORSE RACES ARE NOT ALLOWED

b. Sale or distribution of such tickets in connivance
with the importer; (1) Birthday of the Philippines July 4 (Republic Act
c. Illegal possession of lottery ticket; and No.137);
(2) Rizal Day December 30 (Republic Act No. 229);
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(3) Any registration or voting days (Republic Act No.
180, Revised Election Code); and
(4) Holy Thursday and Good Friday (R.A. 946).
ART. 199. ILLEGAL COCKFIGHTING
ACTS PUNISHED
(1) Betting money or things of value or representative of
value in cockfighting on days not permitted by law;
(2) Organizing cockfights at which bets are made on
days not allowed by law;
(3) Betting money or thing of value or representative of
value on cockfights at a place other than a licensed
cockpit; and
(4) Organizing cockfights at a place other than a
licensed cockpit.
PRESIDENTIAL DECREE NO. 449;
COCKFIGHTING LAW OF 1974
Law governing the establishment, operation,
maintenance, and ownership of cockpits. All laws,
decrees, rules and regulations, or orders which are
inconsistent with this Decree are hereby repealed or
modified accordingly.
RULES
(1) Only Filipino citizens not otherwise inhibited by
existing laws shall be allowed to own, manage and
operate cockpits. Cooperative capitalization is
encouraged.
(2) Only one cockpit shall be allowed in each city or
municipality, except that in cities or municipalities
with a population of over one hundred thousand,
two cockpits may be established, maintained and
operated.
(3) Cockpits shall be constructed and operated within
the appropriate areas as prescribed in Zoning Law
or Ordinance.
(4) Cockfighting shall be allowed only in licensed
cockpits during Sundays and Legal Holidays and
during local fiestas for not more than 3 days.
(5) During provincial, city or municipal, agricultural,
commercial or industrial fair, carnival or exposition
for a similar period of 3 days upon resolution of the
province, city or municipality where such fair,
carnival or exposition is to be held, subject to the
approval of the Chief of Constabulary or his
authorized representative.
(6) If the purpose is for the entertainment of foreign
dignitaries or for tourists, or for returning
balikbayans, or for the support of national fund-
raising campaigns for charitable purposes as may
be authorized by the Office of the President upon
resolution of a provincial board, city or municipal
council, in licensed cockpits or in playgrounds or
parks.
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COCKFIGHTING NOT ALLOWED ON:
(1) Rizal Day (December 30)
(2) Independence Day (June 12)
(3) National Heroes Day (November 30)
(4) Holy Thursday
(5) Good Friday
(6) Election or Referendum Day
(7) Registration days for referendums and elections
LICENSING OF COCKPITS
City and municipal mayors are authorized to issue
licenses for the operation and maintenance of cockpits
subject to the approval of the Chief of Constabulary or
his authorized representatives.
COCKFIGHTING OFFICIAL
Gaffers, referees, bet takers, or promoters shall not act
as such in any cockfight herein authorized, without first
securing a license renewable every year on their birth
month from the city or municipality where such
cockfighting is held. Cities and municipalities may
charge a tax of not more than twenty pesos. Only
licensed gaffers, referees, bet takers or promoters shall
officiate in all kinds of cockfighting authorized in this
Decree.
NOTE: The spectators in a cockfight are not liable.
PRESIDENTIAL DECREE NO. 1602: SIMPLIFYING
AND PROVIDING STIFFER PENALTIES FOR
VIOLATIONS OF PHILIPPINE GAMBLING LAWS
PD 1602, which repealed Articles 195-199 insofar as they
are inconsistent with said Act punishes:
(1) Any person 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;
c. 7-11 and any game using dice;
d. Black jack, lucky nine, poker and its
derivatives, monte, baccarat, cuajo,
pangguigue and other card games;
e. Paik que, high and low, mahjong, domino
and other games using plastic tiles and the
like;
f. Slot machines, roulette, pinball and other
mechanical contraptions and devices;
g. Dog racing, boat racing, car racing and
other forms of races;
h. Basketball, boxing, volleyball, bowling,
ping-pong and other forms of individual or
team contests to include game fixing, point
shaving and other machinations;
i. Banking or percentage game, or any other
game scheme, whether upon chance or
skill, wherein wagers upon chance or skill,
wherein wagers consisting of money,
articles of value or representative of value
are at stake or made;
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(2) Any person who shall knowingly permit any form CHAPTER TWO: OFFENSES AGAINST
of gambling referred to in the preceding
subparagraph to be carried on in inhabited or DECENT AND GOOD CUSTOMS
uninhabited place or in any building, vessel or
other means of transportation owned or
controlled by him. If the place where gambling is
ART. 200. GRAVE SCANDAL
carried on has a reputation of a gambling place or
that prohibited gambling is frequently carried on ELEMENTS
therein, or the place is a public or government
building or barangay hall, the malefactor shall be a. Offender performs an act;
punished by prision correccional in its maximum
b. Act must be highly scandalous;
period and a fine of six thousand pesos. Penalty of
prision correccional in its maximum period or a c. Must offend against decency or good customs;
fine of six thousand pesos shall be imposed upon d. Act not expressly falling within any other article of
the maintainer or conductor of the above gambling the Code; and
schemes. e. Publicly committed or within the knowledge and
view of the public
(3) The penalty of prision mayor in its medium period
NOTE: The public view is not required, it is sufficient
with temporary absolute disqualification or a fine
of six thousand pesos shall be imposed if the if in public place. For public knowledge, it may occur
maintainer, conductor or banker of said gambling even in a private place; the number of people who
schemes is a government official, or where such sees it is not material
government official, or where such government
official is the player, promoter, referee, umpire, GRAVE SCANDAL
judge or coach in case of game fixing, point shaving
Consists of acts which are offensive to decency and good
and machination.
customs which, having been committed publicly, have
(4) The penalty of prision correccional in its medium given rise to public scandal to persons who have
period or a fine ranging from four hundred to two accidentally witnessed the same. The acts must be
thousand pesos shall be imposed upon any person performed in a public place or within the public knowledge
who shall, knowingly and without lawful purpose or view. If it is committed in a private place, the crime of
in any hour of any day, possess any lottery list, grave scandal is not committed.
paper or other matter containing letters, figures,
signs or symbols pertaining to or in any manner
In conducts involving lasciviousness, it is grave scandal
used in the games of jueteng, jai-alai or horse
racing bookies, and similar games of lotteries and only where there is mutual consent. (Boado,
numbers which have taken place or about to take Comprehensive Reviewer in Criminal Law)
place.
DECENCY
(5) The penalty of temporary absolute disqualification Means proprietary of conduct; proper observance of the
shall be imposed upon any barangay official who,
requirements of modesty, good taste, etc.
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. CUSTOMS
Established usage, social conventions carried on by
(6) The penalty of prision correccional in its maximum tradition and enforced by social disapproval of any
period or a fine ranging from five hundred pesos to violation thereof.
two thousand pesos shall be imposed upon any
security officer, security guard, watchman, private
ACTS PUNISHED
or house detective of hotels, villages, buildings,
enclosures and the like which have the reputation
of a gambling place or where gambling activities Those by which by their character and nature cause
are being held. scandal among the persons witnessing them, besides being
Any person who shall disclose information that will lead contrary to morals and good customs and committed
to the arrest and final conviction of the malefactor shall publicly or within the knowledge or view of the public.
be rewarded twenty percent of the cash money or
(People vs. Dumlao)
articles of value confiscated or forfeited in favor of the
government.

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ART. 201. IMMORAL DOCTRINES,
OBSCENE PUBLICATIONS AND
EXHIBITIONS, AND INDECENT SHOWS
PERSONS LIABLE
(1) Those who shall publicly expound or proclaim
doctrines openly contrary to public morals;
(2) Authors of obscene literature published with their
knowledge and editors publishing them;
(3) Those who exhibit indecent or immoral plays,
scenes, acts or shows is theatres, fairs, or other
public places; and
(4) Those who sell, give away or exhibit prints,
engravings, sculptures or literature’s offensive to
morals.
ELEMENTS
Prosecution must prove that:
a. The materials, publication, picture or literature are
obscene; and
b. The offender sold, exhibited, published or gave away
such materials.
OBSCENITY
Something which is offensive to chastity, decency, or
delicacy.
TEST TO DETERMINE THE EXISTENCE OF OBSCENITY
Whether the matter tends to deprave or corrupt minds of
those who are open to such immoral influences and into
whose minds hands a publication or other article charged
as being obscene may fall.
A matter can also be considered obscene if it “shocks the
ordinary and common sense of men as an indecency.” It
must depend upon the circumstances of the case, and that
ultimately, the question is to be decided by the judgment
of the aggregate sense of the community reached by it.
(Fernando v. Court of Appeals citing People v. Kottinger)
Obscenity is an issue proper for judicial determination –
there is no perfect definition of “obscenity” but the latest
word is that of Miller v. California which established
guidelines:
(1) Whether the average person, applying
contemporary standards would find the work,
taken as a whole, appeals to the prurient interest;
(2) Whether the work depicts or describes, in a
patently offensive way, sexual conduct specifically
defined by the applicable state law; and
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(3) Whether the work, taken as a whole, lacks serious
literary, artistic, political, or scientific value.
Publicity is required.
Mere possession of obscene materials, without intention
to sell, exhibit, or give them away, is not punishable under
article 201, considering the purpose of the law is to
prohibit the dissemination of obscene materials to the
public.
The law does not require that a person be caught in the act
of selling, giving away or exhibiting obscene materials to
be liable, for as long as the said materials are offered for
sale, displayed, or exhibited to the public.(Fernando vs.
Court of Appeals)
Offense punished.
The public showing of indecent or immoral plays, scene,
acts or shows not just motion pictures. It is mala in se in
which criminal intent is an indispensable ingredient.
(People vs. City of Manila)
Paragraph 4 punishes the giving away of incident
literature, etc., to the public and not isolated, casual or
occasional act of giving the same to a single individual,
since the purpose of the law is to protect public morals and
not the morals of a single individual. (People vs.
Tempongko)
GIVE AWAY
Includes the term exhibition because when one gives away
an obscene picture or literature, he has the intention and
purpose of exhibiting or showing the same to the recipient.
OBSCENE PUBLICATIONS AND INDECENT SHOWS
UNDER REPUBLIC ACT NO. 7610:
(1) Any person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in
video, or model in obscene publications or
pornographic materials or to sell or distribute the
said materials shall suffer the penalty of prision
mayor in its medium period.
(2) 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.
(3) 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. (Sec. 9, R.A. 7610)
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ART. 202. VAGRANTS AND PROSTITUTES
Republic Act 10158 or “An Act Decriminilizing Vagrancy”
repealed ‘VAGRANTS’ from this Article.
NOTE: Joblessness is not tantamount to vagrancy. What
the law penalizes is the neglect and refusal to work, and
loitering in or about public places without giving a good
account of his presence therein.
PROSTITUTION
When a woman who, for money or profit habitually indulge
in sexual intercourse or lascivious conduct.
VAGRANT
When a man who engages in the same conduct – sex for
money – is not a prostitute, but a vagrant.
NOTE: When there is a city or municipal ordinance that
covers male as a prostitute, he cannot be punished under
this article as a prostitute. He can, however, be prosecuted
under the said ordinance.
PIMP
One who provides gratification for the lust of others.
PURPOSE OF THE LAW
Not simply to punish a person because he has no means of
livelihood, but it is to prevent further criminality. Any
person found wandering in an estate belonging to another,
whether public or private, without any lawful purpose also
commits vagrancy, unless his acts constitute some other
crime in the Revised Penal Code.
In law, the mere indulging in lascivious conduct habitually
because of money or gain would amount to prostitution,
even if there is no sexual intercourse. Virginity is not a
defense.
Even millionaires or one who has more than enough for his
livelihood can commit vagrancy by habitually associating
with prostitutes, pimps, ruffians, or by habitually lodging
in houses of ill-repute. Habituality is the controlling factor;
it has to be more than one time.
There is no prostitution by conspiracy. One who
conspires with a woman in the prostitution business like
pimps, taxi drivers or solicitors of clients are guilty of the
crime under Article 341 for white slavery.
Q: What are the crimes committed by: (1) X, a recruiter
who offered the services of G to Y for sexual activies for
pay; and (2) Y; and (3) G?
A: Both X and Y are guilty of violating Sec. 3(a) of RA 9208
or for Trafficking person. X for recruiting; while Y for
using persons for prostitution; while G is liable under Art.
202 for prostitution.
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CRIMES COMMITTED BY PUBLIC
OFFICERS
CHAPTER ONE: Preliminary Provisions
Art. 203. Who are public officers
CHAPTER TWO: Malfeasance and Misfeasance in
Office
Section 1: Dereliction of Duty
Art. 204. Knowingly rendering unjust judgment
Art. 205. Judgment rendered through negligence
Art. 206. Unjust interlocutory order
Art. 207. Malicious delay in the administration of justice
Art. 208. Prosecution of offenses; negligence and
tolerance
Art. 209. Betrayal of trust by an attorney or solicitor
Section 2: Bribery
Art. 210. Direct bribery
Art. 211. Indirect bribery
Art. 212. Corruption of public officials
CHAPTER THREE: Frauds And Illegal Exactions
And Transactions
Art. 213. Frauds against the public treasury and similar
offenses
Art. 214. Other frauds
Art. 215. Prohibited transactions
Art. 216. Possession of prohibited interest by a public
officer
CHAPTER FOUR: Malversation of Public Funds or
Property
Art. 217. Malversation of public funds or property
Art. 218. Failure of accountable officer to render
accounts
Art. 219. Failure of a responsible public officer to render
accounts before leaving the country
Art. 220. Illegal use of public funds or property
Art. 221. Failure to make delivery of public funds or
property
Art. 222. Officers included in the preceding provisions
CHAPTER FIVE: Infidelity of Public Officers
Section 1: Infidelity in the custody of prisoners
Art. 223. Conniving with or consenting to evasion
Art. 224. Evasion through negligence
Art. 225. Escape of prisoner under the custody of a
person not a public officer
Section 2: Infidelity in the custody of document
Art. 226. Removal, concealment or destruction of
documents
Art. 227. Officer breaking seal
Art. 228. Opening of closed documents
Section 3: Revelation of Secrets
Art. 229. Revelation of secrets by an officer
Art. 230. Public officer revealing secrets of private
individual
CHAPTER SIX: Infidelity of Public Officers
Art. 231. Open disobedience
Art. 232. Disobedience to order of superior officers,
when said order was suspended by inferior officer
Art. 233. Refusal of assistance
Art. 234. Refusal to discharge elective office.
Art. 235. Maltreatment of prisoners
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Section 2: Anticipation, Prolongation And
Abandonment Of The Duties And Powers Of Public
Office
Art. 236. Anticipation of duties of a public office.
Art. 237. Prolonging performance of duties and powers
Art. 238. Abandonment of office or position
Section 3: Usurpation of powers and unlawful
appointments
Art. 239. Usurpation of legislative powers
Art. 240. Usurpation of executive functions
Art. 241. Usurpation of judicial functions
Art. 242. Disobeying request for disqualification
Art. 243. Orders or requests by executive officers to any
judicial authority
Art. 244. Unlawful appointments
Section 4: Abuses against chastity
Art. 245. Abuses against chastity
CHAPTER ONE: PRELIMINARY
PROVISIONS
ART. 203. WHO ARE PUBLIC OFFICERS
Art. 203 obliterates the standard distinction in the law of
public officers between “officer” and “employee” as the
definition is quite comprehensive to embrace every public
servant from the highest to the lowest. (Maniego vs.
People)
from the President down to the garbage collector if
employed and paid by the government come within this
term
PUBLIC OFFICERS UNDER RA NO. 3019
Includes elective and appointive officials and employees,
permanent or temporary, whether in the unclassified or
classified or exempted service receiving compensation,
even nominal, from the government.
Even an emergency helper in the Bureau of Treasury can
be considered a public officer having been entrusted with
the custody of official documents. (People vs. Ireneo)
PUBLIC OFFICER MUST DERIVE HIS
AUTHORITY FROM
(1) Direct provision of law;
(2) Popular election; or
(3) Appointment by competent authority.
CHAPTER TWO: MALFEASANCE AND
MISFEASANCE IN OFFICE
“MALFEASANCE” The performance of some act which
ought not to be done.

PUBLIC OFFICERS “MISFEASANCE” The improper performance of some act

Those endowed with the exercise of sovereign executive, which might lawfully be done.
legislative, or judicial functions.
“NONFEASANCE” The omission of some act which ought
The explication of the term is also consistent with the to be performed.
Court’s pronouncement in Quimpo that, in the case of
officers/employees in GOCCs, they are deemed “public
officers” if their corporations are tasked to carry out
SECTION ONE: DERELICTION OF DUTY
governmental functions. (Khan Jr. vs. Office of the
Ombudsman) ART. 204. KNOWINGLY RENDERING
UNJUST JUDGMENT
Public Officers are those:
(1) Taking part in the performance of public functions in
ELEMENTS
the government;
(2) Performing in said government or in any of its
a. The offender is a judge;
branches public duties as an employee, agent or
b. He renders a judgment in a case submitted to him
subordinate official, of any rank or class;
for decision;
(3) His authority to take part in the performance of
c. Said judgment is unjust; and
public functions or to perform public duties must be:
d. He knows that said judgment is unjust.
a. By direct provision of the law;
b. By popular election; or
c. By appointment by competent authority

The term “public officers” embraces every public servant

from the highest to the lowest rank. All public servants

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HOW TO HOLD A JUDGE LIABLE
It must be shown that the judgment is unjust and that it
was made with conscious and deliberate intent to do
injustice.
Good faith is a defense to the charge knowingly rendering
an unjust judgment remains the law. (Diego vs. Judge
Castillo)
Knowingly means consciously, intelligently, willfully or
intentionally.
This article does not apply to the members of a collegiate
court such as the Supreme Court or its Divisions who
reach their conclusion in consultation and accordingly
render their collective judgment after due deliberation.
Bad faith is the ground of liability: if in rendering judgment,
the judge fully knew that the same was unjust in the sense
aforesaid, then he acted maliciously and must have been
actuated and prevailed upon by hatred, envy, revenge,
greed, or some other similar motive.
There must be evidence that the judgment is unjust. It
cannot be presumed.
ART. 205. JUDGMENT RENDERED
THROUGH NEGLIGENCE
ELEMENTS
a. Offender is a judge;
b. He renders a judgment in a case submitted to him
for decision;
c. Said judgment is manifestly unjust; and
d. It was committed through inexcusable negligence
or ignorance
MANIFESTLY UNJUST JUDGMENT
A judgment which cannot be explained with a reasonable
interpretation or is a clear inconvertible and notorious
violation of a legal precept. It must be patently contrary to
law if rendered due to ignorance or inexcusable
negligence.
The test to determine whether an order or judgment is
unjust may be inferred from the circumstances that it is
contrary to law or is not supported by evidence. (Louis
Vuitton SA v. Judge Villanueva)
NOTE: For Arts. 204 and 205, before a civil or criminal
action against a judge can be entertained, there must be a
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final and authoritative judicial declaration that the
decision or order in question is unjust. Pronouncement
may result from:
a. Action of certiorari or prohibition in higher court
impugning the validity of the judgment; or
b. An administrative proceeding in the Supreme Court
against the judge precisely for promulgating an
Unjust Judgment or Order. (De Vera vs. Pelayo et. Al.)
ART. 206. UNJUST INTERLOCUTORY
ORDER
INTERLOCUTORY
Provisional; interim; temporary; not final. Something
intervening between the commencement and the end of a
suit which decides some point or matter but is not a final
decision of the whole controversy.
An interlocutory order or decree is one which does not
finally determine a cause of action but only decides some
intervening matter pertaining to the cause, and which
requires further steps to be taken in order to enable the
court to adjudicate the cause on the merits. (Bustamante
vs. Bonifacio)
ELEMENTS
a. That the offender is a judge;
b. That he performs any of the following acts:
i. Knowingly rendering an unjust interlocutory
order; or
ii. Rendering a manifestly unjust interlocutory
order by inexcusable negligence or ignorance.
When the offense is committed by culpa, the penalty is
suspension only.
ART. 207. MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
ELEMENTS
a. Offender is a judge;
b. There is a proceeding in his court;
c. He delays in the administration of justice;
d. The delay is malicious, that is, with deliberate
intent to inflict damage on either party in the case.
A mere court personnel cannot be made liable under this
article.
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There must be an allegation that the delay, if any, was
borne of malicious intent.
Malice connotes that the act complained of must be the
result of a deliberate evil intent and does not cover a mere
voluntary act. (Van Der Mee vs. Resurreccion)
It must also be committed with deliberate intent to
prejudice a party in a case. (Magdamo v. Pahimulin)
ART. 208. PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE
ACTS PUNISHED
(1) Maliciously refraining from institution of prosecution
for the punishment of violators of the law; and
(2) Tolerating the commission of offenses.
NOTE: “maliciously” must be strictly construed. The action
complained of must be the result of a deliberate evil intent
and does not cover a mere voluntary act.
The word “negligence” in the title of the article means
neglect of the duties of his office by maliciously failing to
move the prosecution and punishment of the delinquent
PERSONS LIABLE
(1) Any public officer; or
(2) Officer of the law.
These officers are charged by law to prosecute offenses.
Malice is an integral element. Lack of zeal or any delay in
the performance of duties does not constitute the crime.
There must be bad faith or criminal intent to favor the
offender.
NOTE: This article is NOT applicable to officers, agents, or
employees of the Bureau of Internal Revenue.
ELEMENTS
a. Offender is a public officer or officer of the law who
has a duty to cause the prosecution of, or to
prosecute, offenses;
b. There is a dereliction of the duties of his office, that
is, knowing the commission of the crime, he does
not cause the prosecution of the criminal, or
knowing that a crime is about to be committed, he
tolerates its commission;
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c. Offender acts with malice and deliberate intent to
favor the violator of the law.
ART. 209. BETRAYAL OF TRUST BY AN
ATTORNEY OR SOLICITOR
ACTS PUNISHED
(1) Malicious breach of professional duty;
(2) Inexcusable negligence or ignorance;
(3) Revelation of secrets learned in his professional
capacity (damage is not necessary); and
(4) Undertaking the defense of the opposite party in a
case without the consent of the first client whose
defense has already been undertaken.
NOTE: The client consents to the attorney’s taking the
defense of the other party, there is no crime.
When the attorney acts with malicious abuse of his
employment or inexcusable negligence or ignorance, there
must be damage to his client.
Under the rules on evidence, communications made with
prospective clients to a lawyer with a view to engaging his
professional services are already privileged even though
the client-lawyer relationship did not eventually
materialize because the client cannot afford the fee being
asked by the lawyer. The lawyer and his secretary or clerk
cannot be examined thereon.
PROCURADOR JUDICIAL
A person who had some practical knowledge of law and
procedure, but not a lawyer, and was permitted to
represent a party in a case before an inferior court.
Under the Rules of Court, on the court of a justice of the
peace, a party may conduct his litigation in person, with
the aid of an agent or friend or with the aid of an attorney.
PREJUDICE TO THE CLIENT
Essential when there is malicious breach of professional
duty to inexcusable negligence or ignorance.
Not essential in the case of revelation of secrets or in the
representation of conflicting interests.
To prejudice is equivalent to causing material or moral
damage to client.
Revelation of secret signifies a communication of the same
to another.
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The secrets which should not be revealed are not limited
to those learned by the lawyer in connection with a case
he is intervening but also includes all other secrets learned
from a client in the course of professional relationship.
SECTION TWO: BRIBERY
KINDS OF BRIBERY:
(1) Direct Bribery (Art.210)
(2) Indirect Bribery (Art. 211)
ART. 210. DIRECT BRIBERY
PERSONS LIABLE
(1) Public officers; or
(2) Assessors, arbitrators, appraisal and claim
commissioners, experts, or any other person
performing public duties.
Bribery cannot be committed by a private person. If he
offers to bribe a public officer, he is liable for corruption
of public officials (Art. 212).
MODES OF COMMITTING DIRECT BRIBERY
(1) Agreeing to perform, or by performing in
consideration of any offer, promise, gift, or present –
an act constituting a crime, in connection with the
performance of his official duties
(2) Accepting a gift in consideration of the execution of
an act which does not constitute a crime, in
connection with the performance of his official duty
(3) Agreeing to refrain, or by refraining from doing
something which it is his official duty to do, in
consideration of a gift or promise
ELEMENTS OF DIRECT BRIBERY
a. Offender is a public officer;
b. Offender accepts an offer or a promise or receives a
gift or present by himself or through another
c. Such offer or promise be accepted, or gift or present
received by the public officer –
i. With a view to committing some crime; or
ii. In consideration of an execution of an act
which does not constitute a crime, but the
act must be unjust;
iii. To refrain from doing something which is his
official duty to do; and
d. That the crime or act relates to the exercise of his
functions as a public officer.
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BRIBERY EXISTS WHEN THE GIFT IS:
(1) Voluntarily offered by a private person;
(2) Solicited by the public officer and voluntarily
delivered by the private person;
(3) Solicited by the public officer but the private person
delivers it out of fear of the consequences should the
public officer perform his functions (here the crime
by the giver does not fall under corruption of public
officials due to the involuntariness of the act).
ESSENTIAL ELEMENTS OF CRIME OF CORRUPTION OF
PUBLIC OFFICIAL BY MEANS OF BRIBERY PENALIZED
IN 2ND PARAGRAPH
a. Person receiving the bribe shall be a public officer
as defined in Art. 203;
b. That said officer shall have actually received,
whether personally or by another, gifts or
presents, or accepted offers or promises;
c. That such reception or acceptance shall have been
for the purpose of executing as act, which may or
may not be accomplished, but not constituting a
crime;
d. That the person offering the gift or making the
promises shall be a private individual.
CONVICTION OF A PERSON IN BRIBERY
In the FIRST MODE of direct bribery, the act need not be
actually committed. Mere agreement to execute the act is
sufficient. US vs. Alban) As regards to the second kind,
mere agreement to execute the act does not suffice.
If a public officer (e.g. Prosecutor or a Judge) receives
money from a party litigant so that he would decide the
case in favor of said party litigant, the Prosecutor or the
Judge shall not be liable for direct bribery if he decides in
favor of said party litigant if the party litigant, by the
evidence adduced, deserves to win. (Sandoval)
Direct bribery is a crime involving moral turpitude
Moral turpitude can be inferred from the third element of
the offense. 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 which he owes his
fellowmen and society in general. Also, the fact that the
offender takes advantage of his office and position is
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,
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direct bribery is a crime involving moral turpitude. (Magno indirect bribery is committed and not direct bribery under
vs. COMELEC) par. 2 or the preceding article.

DIRECT BRIBERY AND ROBBERY, DISTINGUISHED

DIRECT BRIBERY
ARTICLE 210
The person arrested has
committed a crime and he
is threatened to give
money so as not to be
prosecuted.
The transaction generally
is mutual and voluntary.
DIRECT BRIBERY INDIRECT BRIBERY
ARTICLE 210 ARTICLE 211
ROBBERY
There is an agreement Usually, no such
ARTICLE 293
between the public officer agreement exists.
The person arrested has
and the giver of the gift or
not committed a crime.
present.
The offender agrees to It is not necessary that the
perform or performs an officer should do any
act or refrains from doing particular act or even
The transaction is neither
something, because of the promise to do an act, as it
voluntary nor mutual but
gift or promise. is enough that he accepts
consummated by the use
gifts offered to him by
of force or intimidation.
reason of his office.

ART. 211. INDIRECT BRIBERY

ART. 211-A. QUALIFIED BRIBERY
ELEMENTS
PERSONS LIABLE

a. Offender is a public officer;

Public officers entrusted with law enforcement.
b. He accepts the gifts;
c. The gifts are offered to him by reason of his office.
HOW IT IS COMMITTED
Mere promise is not sufficient; the offender must have
accepted or received the present or gift. Public officer refrains from arresting or prosecuting an
offender who has committed a crime punishable by
DIRECT BRIBERY AND INDIRECT BRIBERY reclusion perpetua and/or death in consideration of any
offer, promise, gift or present;
DISTINGUISHED

Public officer asks or demands such gift or present.

The principal distinction between direct and indirect
bribery is that in the direct bribery, the officer agrees to
PENALTY
perform or refrain from doing an act in consideration of
the gift or promise. In indirect bribery, it is not necessary
Public officer shall suffer penalty for the offense which
that the officer should do any act. It is sufficient that he
accepts the gift offered by reason of his office. was not prosecuted;

The essential ingredient of indirect bribery is that the NOTE: The crime is considered a capital offense, hence,
public officer concerned must have accepted the gift or bail is not a matter of right.
material consideration. (Garcia vs. Sandiganbayan)
Death penalty was abolished by R.A No. 9346, so the
penalty of death in this crime is reduced to reclusion
It is not necessary that the public officer should do any
perpetua.
particular act or even promise to do an act, it is enough
that he accepts gifts offered to him by reason of his office.
ART. 212. CORRUPTION OF PUBLIC
The gift is made to anticipate a favor from the public OFFICIALS
officer in connection with his official duties or to reward
past favors in connection with official duties. ELEMENTS

The act performed by the public officer is not unjust, so

a. Offender makes offers or promises or gives gifts or
that even if there is an agreement between the public
presents to a public officer;
officer and the giver regarding the performance thereof,

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b. The offers or promises are made or the gifts or

presents given to a public officer, under
CHAPTER THREE: FRAUDS AND ILLEGAL
circumstances that will make the public officer
liable for direct bribery or indirect bribery. EXACTIONS AND TRANSACTIONS

The offender is the giver of gifts or offeror of promise. ART.213. FRAUDS AGAINST THE PUBLIC
TREASURY AND SIMILAR OFFENSES
The public officer sought to be bribed is not criminally
liable, unless he accepts the gift or consents to the offer of ACTS PUNISHED
the offender.
(1) Entering into an agreement with any interested party
Article 212 punishes the person who made the offer or or speculator or making use of any other scheme, to
promise or gave the gift, even if the gift was demanded by defraud the Government, in dealing with any person
the public officer and the offer was not made voluntarily with regard to furnishing supplies, the making of
prior to the said demand by the public officer. contracts, or the adjustment or settlement of
accounts relating to public property or funds;
Bribery is usually proved by evidence acquired in (2) Demanding, directly or indirectly, the payment of
entrapment. sums different from or larger than those authorized
by law, in collection of taxes, licenses, fees, and other
The following are exempt from prosecution or punishment imposts;
for the offense with reference to which his information (3) Failing voluntarily to issue a receipt, as provided by
and testimony was given: law, for any sum of money collected by him officially,
(1) Any person who voluntarily gives information about in the collection of taxes, licenses, fees and other
any violation of: imposts; and
A. Article 210, 211, and 212 of the Revised Penal (4) Collecting or receiving, directly or indirectly, by way
Code; of payment or otherwise, things or objects of a nature
B. Anti-Graft and Corrupt Practices Acts (R.A. 3019, different from that provided by law, in the collection
as amended); of taxes, licenses, fees and other imposts.
C. Section 345 of the Internal Revenue Code and
Section 3604 of the Tariff and Customs Code and ELEMENTS OF FRAUD AGAINST PUBLIC TREASURY
other provisions of the said Codes penalizing
abuse or dishonesty on the part of the public a. Offender is a public officer;
officials concerned; b. He should have taken advantage of his public
D. Other laws, rules and regulations punishing acts office, that is, he intervened in the transaction in
of graft, corruption and other forms of official his official capacity;
abuse; c. He entered into an agreement with any interested
(2) Any person who willingly testifies against any public party or speculator or made use of any other
official or employee for such violation. (Sec. 1, PD 749) scheme with regard to:
i. Furnishing supplies;
CORRUPTION OF PUBLIC ii. The making of contracts;
DIRECT BRIBERY
OFFICIALS iii. The adjustment or settlement of accounts
The public officer agrees to The person who conspired relating to public property or funds
perform an act either with the public officer, who d. Accused had intent to defraud the Government.
constituting or not made the promise, offer, or
constituting a crime, in gave the gifts or presents, NOTE: The crime is committed by mere agreement as long
consideration of any offer, may be indicted only under as the purpose is to defraud the government.
promise, gift or present Article 212 for Corruption of
received by such officer. Public Officials, regardless ELEMENTS OF ILLEGAL EXACTIONS
of any allegation of
Only the public officer may conspiracy. a. Offender is a public officer entrusted with the
be indicted and be held collection of taxes, liens, fees, imports
liable for Direct Bribery b. He is guilty of any of the acts or omissions
under 210

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i. Demanding, directly or indirectly, payment of
sums different from or larger than those
authorized by law
ii. Failing voluntarily to issue receipts for any
sum of money collected by him officially
iii. Collecting, directly or indirectly, by way of
payment/otherwise, things/objects of a
nature different from that provided by law
NOTE: The first kind of illegal exaction is committed by a
mere demand for the payment of larger sums than that
authorized by law. Even if the public officer does not
receive the excessive amount or sums demanded, the
crime is already committed. So if the said sums are
received without demanding the same, the felony is not
committed; but if the same were given as a sort of a gift or
gratification because of his office, indirect bribery may be
committed. (Ramiscal vs. Sandiganbayan)
Criminal intent must be shown in the sense that the sums
were demanded by the public officer knowing them to be
excessive. If good faith is present, there is no criminal
liability.
ART. 214. OTHER FRAUDS
The public officer who, by taking advantage of his official
position, commits estafa or deceits embraced in Chapter
VI, Title X, Book II, of the Penal Code, suffers the additional
penalty imposed by this article.
ELEMENTS
a. Offender is a public officer;
b. He takes advantage of his official position; and
c. He commits any of the frauds or deceits mentioned
in Article 315 to 318 (estafa, other forms of
swindling, swindling a minor, other deceits).
NOTE: The public officer must take advantage of his
official position
ART. 215. PROHIBITED TRANSACTIONS
ELEMENTS
a. Offender is an appointive public officer;
Ex: Justices, judges, fiscals, and employees
engaged in the collection and administration of
public funds
b. During his incumbency, he becomes interested,
directly or indirectly, in any transaction of
exchange or speculation;
c. Within the territory of his jurisdiction; and
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Criminal Law
d. He becomes interested in the transaction during
his incumbency.
ACTS PUNISHED
The act of taking part in any business for gain or profit or
of dedicating to commerce, the operations of which are
subject to the jurisdiction of the public officer.
NOTE: Actual Fraud is not required. The act is being
punished for the possibility that fraud may be committed
or that the officer might place his own interest above that
of the government.
Examples of transactions of exchange or speculation:
buying and selling stocks, commodities, land, etc. wherein
one hopes to take advantage of an expected rise or fall in
price.
Purchasing of stocks or shares in a company is simple
investment and not a violation of the article. However,
regularly buying securities for resale is speculation.
What the appointive public officer may not do is to buy
regularly securities for the purpose of profiting by a resale
thereof or devote himself to commerce.
The offender may also be held liable under RA 3019 Sec 3(i).
AMENDMENTS UNDER RA. 10951:
Under Sec. 38, the fines now range from Php 40,000.00
to Php 200,000.00.
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 part in any contract or transaction
connected with the estate or property in the
appraisal, distribution or adjudication of which they
have acted; and
(3) Guardians and executors with respect to the property
belonging to their wards or the estate.
NATURE OF THE CRIME
The mere violation of the prohibition is punished although
no fraud occurs therefrom because the probability that
fraud may be perpetuated does exist or at least the public
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Green Notes 2019 Criminal Law

officer may defer the State’s interest to his own. (US vs. which the public officer is accountable. (Salamera vs.
Ubarde) Sandiganbayan)

It is not enough to be a public official to be subject to this WHAT NEEDS TO BE PROVED

crime, it is necessary that by reason of his office, he has
intervened in said contracts or transactions, and hence, (1) That the accused received public funds or property;
the official who intervenes in contracts or transactions (2) That he could not account for them;
which have no relation to his office cannot commit this (3) That he did not have them in his possession; and
crime. (4) That he could not give reasonable excuse for the
disappearance of the same.
CHAPTER FOUR: MALVERSATION OF
ACCOUNTABLE PUBLIC OFFICER
PUBLIC FUNDS OR PROPERTY
One who has custody or control of public funds or
ART. 217. MALVERSATION OF PUBLIC property by reason of the duties of his office.
FUNDS OR PROPERTY; PRESUMPRION IF
To be liable for malversation, an accountable officer need
MALVERSATION
not be a bonded official. The name or relative importance
of the office or employment is not the controlling factor.
ELEMENTS What is decisive is the nature of the duties that he
performs and that as part of, and by reason of said duties,
a. Offender is a public officer; he receives public money or property which he is bound to
b. He had the custody or control of funds or property account. (Quinon vs. People)
by reason of his duties;
c. Such funds or property were public funds or public
Malversation may be committed either through a positive
property
act of misappropriation of public funds or property or
d. That he committed any of the following acts:
passively through negligence by allowing another to
i. Appropriating public funds or property;
commit such misappropriation.
ii. Taking or misappropriating the same;
iii. Consenting or through abandonment or
To sustain a charge of malversation, there must be either
negligence, permitting any person to take the
criminal intent or criminal negligence and while the
same; and
prevailing facts of a case may not show that deceit
iv. Misappropriation or malversation of such public
attended the commission of the offense, it will not
funds or property.
preclude the reception of evidence to prove the existence
of negligence because both are equally punishable in Art.
“MALVERSATION” Consists in misappropriation or
217 of the Revised Penal Code.
conversion of public funds or property to one’s personal
use or in knowingly, or through abandonment or
The felony involves breach of public duty, and whether it
negligence allowing others to misappropriate them. It is
is committed through deceit or negligence, the law makes
otherwise called embezzlement.
it punishable and prescribes a uniform penalty therefor.
Even when the information charges willful malversation,
“EMBEZZLEMENT” Refers to malversation and estafa by
conviction for malversation through negligence may still
conversion.
be adjudged if the evidence ultimately proves that the
mode of commission of the offense. (People vs. Uy, Jr.)
One essential element of malversation is that a public
officer must take public funds, money or property, and
A public officer having only a qualified charge of
misappropriate it to his own private use or benefit.
government property without authority to part with
physical possession of it unless upon order from his
The key word in Art. 217 of the Revised Penal Code is “take” immediate superior, cannot be held liable for malversation
and there must be asportation of public funds or property, (U.S. v. Webster)
akin to the taking of another’s property in theft. The funds,
money or property taken must be public funds or private
Presumption of misappropriation: When a demand is
funds impressed with public attributes or character for
made upon an accountable officer and he cannot produce
the fund or property involved, there is a prima facie
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presumption that he had converted the same to his own
use. (Waacon vs. People) There must be indubitable proof
that thing unaccounted for exists.
While demand is not an element of the crime of
malversation, it is a requisite for the application of the
presumption. (Munib vs. People)
General Rule: A private person cannot commit
malversation.
Exceptions:
(1) If such private person who in any capacity
whatever has charge of any insular, provincial, or
municipal funds, revenues or property. (Art. 222,
People vs. Luz)
(2) If such private person takes a direct participation
in the commission of the malversation of public
funds or property by a public officer or cooperates
in the commission of the same, he is guilty as a co-
principal. (U.S v. Ponte citing Groizard and Viada)
PRIVATE FUNDS OR PROPERTY MAY ALSO BE SUBJECT
OF MALVERSATION
whom the fund had been paid was entitled thereto, the
accused is deemed to have acted in good faith; hence,
there is no criminal intent, and therefore no malversation.
(People vs. Fabian)
Demand is not necessary to constitute malversation
It is merely a rule of evidence and no more, since, without
demand, affirmative proofs must be presented to show
actual malversation but the moment it is shown that the
accountable officer does not have the funds where he says
he has them, malversation is committed. (People vs.
Tolentino)
CONTROLLING TEST
The nature of duties of the public officer and not the
importance of his position.
PRIMA FACIE EVIDENCE OF MALVERSATION
The failure of a public officer to have duly forthcoming any
public fund or property with which he is chargeable, upon
demand by any duly authorized officer, shall be prima facie
evidence that he has put such missing funds or property to
personal uses. (Candao v. People)

Art. 222 provides that malversation may be committed An accountable public officer may be convicted of
upon property placed in the custody of public officers by malversation even if there is no direct evidence of
reason of their office even if such property belongs to a misappropriation and the only evidence is that there is
private individual. Such phrase denotes the express shortage in his accounts which he has not been able to
intention of the Code to make accountable for public explain satisfactorily. (Quizo vs. Sandiganbayan)
officers guilty of malversation of private funds or property
as long as such were placed in their custody. MALVERSATION (ART. ESTAFA WITH ABUSE OF
217) CONFIDENCE (ART. 315)
Even if the funds belong to a private individual, they Funds or property are Funds or property are
become impressed with the characteristics of public funds usually public. always private.
or partake of the characteristics of public funds, when they
Offender is usually an Offender is a private
are entrusted to an accountable public officer for his
accountable public individual or even a public
official custody.
officer for the public officer who is not
funds/property. accountable for public
While malversation may be committed through
funds/property who acts
negligence, not all abandonment or negligence constitutes
in a private capacity.
malversation but only such that approximates intent and
Crime is commited by Crime is committed by
malice. To render such element a basis for conviction, the
appropriating, taking, or misappropriating,
negligence must be positively and clearly shown to be
misappropriating or converting, or denying
inexcusable, approximating malice or fraud.
consenting or through having received money,
abandonment or goods or other personal
The public officer must adopt the necessary precaution
negligence, permitting property.
and zeal demanded by the circumstances. (People vs. Dela
any other person to take
Cerna)
the public funds or
property.
Good faith or honest mistake is a defense in malversation
No element of damage. There is damage.
Payment in good faith even if unauthorized as long as there
Demand not necessary. There is a need for prior
is reasonable ground to believe that the public officer to
demand.
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If a private person in conspiracy with an accountable
officer is accused of malversation and the public officer is
acquitted, the private person may be convicted for the
crime of estafa as such offense is necessarily included in
malversation. (people vs. Salazar)
RETURN OR REIMBURSEMENT
Return: Mitigating circumstance if promptly returned.
(People vs. Velaszquez) However, it is not a mitigating
circumstance if the return is made after sometime as it
cannot then be considered analogous to voluntary
surrender. (People vs. Amante) Only the civil liability will
be extinguished.
Reimbursement: Mere failure of an accountable public
officer to produce funds under his custody on demand by
any officer authorized to examine his account, is prima
facie evidence of conversion and its refund even before
commencement of criminal prosecution does not exempt
him from criminal liability. (People vs. Delevorio)
ART. 218. FAILURE OF ACCOUNTABLE
OFFICER TO RENDER ACCOUNTS
ELEMENTS
a. Offender is a public officer whether in the service or
separated therefrom by resignation or any other
cause;
b. He is accountable for public funds or property;
c. He is required by law or regulation to render account
to the Auditor General or to a Provincial Auditor; and
d. He fails to do so for a period of two (2) months after
such accounts should be rendered.
“TO RENDER ACCOUNT XXX TO PROVINCIAL EDITOR”
Means that the accounts should be rendered at the office
of the Provincial Auditor and hence, the failure to render
the account must be deemed committed in the same place.
(People vs. Batog)
Article 218 does not require that there be a demand by the
Commission on Audit or provincial auditor that the public
officer should render an account.
This is a felony by omission and misappropriation is not
necessary – the reason for this is that the law does not so
much contemplate the possibility of malversation as the
need of enforcing by a penal sanction the performance of
the duty incumbent upon every public employee who
handles government funds, as well as every depositary or
administrator of another’s property, to render an account
of all he receives or has in his charge by reason of his
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Criminal Law
employment. Misappropriation is not necessary. If there is
misappropriation, he would be liable also for malversation
under Article 217.
The design of the law is to impart stability to the good
order and discipline which should prevail in the
organization and workings of the public service by
punishing the employee who should disobey a law or
regulation, lawfully made by a competent officer for the
rendition of accounts. (US vs. Sebron)
The presumption of conversion incarnated in Art. 217, par.
4 of the Revised Penal Code is – by its very nature –
rebuttable. To put it differently, the presumption under
the law is not conclusive but disputable by satisfactory
evidence to the effect that the accused did not utilize the
public funds or property for his personal use, gain, or
benefit.
ART. 219. FAILURE OF A RESPONSIBLE
PUBLIC OFFICER TO RENDER ACCOUNTS
BEFORE LEAVING THE COUNTRY.
ELEMENTS
a. Offender is a public officer whether in active
service or not;
b. He is accountable for public funds or property; and
c. He leaves or attempts to unlawfully leave the
country without clearance from the Commission
on Audit that his accounts have been settled.
Demand for accounting is not necessary. It is also not
essential that there be misappropriation because if
present, the crime would be malversation.
NOTE: The act of leaving the country must be
unauthorized or not permitted by law.
ART. 220. ILLEGAL USE OF PUBLIC
FUNDS OR PROPERTY
This felony is known as “technical malversation” – a penal
sanction to the constitutional provision that no money
shall be paid out of the treasury except in pursuance of an
appropriation made by law. (Sec. 29(1), Art. VI, 1987
Constitution)
ELEMENTS
a. Offender is an accountable public officer;
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b. There is public fund or property under his ELEMENTS

administration;
c. Such fund or property were appropriated by law or a. The public officer has Government funds in his
ordinance; and possession;
d. The public use for which the public funds or property b. He is under obligation to either –
were applied is different from the purpose for which i. Make payment of such funds
they were originally appropriated. ii. Delivery property in his custody or
administration when ordered by competent
Damage is not an essential element and the offender authority
derives no benefit. However, if no damage or c. He maliciously fails or refuses to do so
embarrassment to the public service resulted, the penalty
is a fine only from 5 to 50 per cent of the sum misapplied. ART. 222. OFFICERS INCLUDED IN THE
PRECEDING PROVISIONS
TECHNICAL MALVERSATION OF
MALVERSATION PUBLIC FUNDS
PERSONS LIABLE
ARTICLE 220 ARTICLE 217
Offenders are Offender is a public
(1) Private individual who, in any capacity, have charge of
accountable public officer.
any national, provincial or municipal funds, revenue,
officer.
or property.
The offender derives no There is, generally, a (2) Administrator or depositary of funds or property that
personal gain or benefit personal benefit derived has been attached, seized or deposited by public
from the commission of from the proceeds of the authority, even if owned by a private individual.
the act. crime.
The object to which the The conversion is for the This article extends the application of the provisions on
fund or property is personal interest of the malversation to private individuals who have charge of
applied is also public but offender. public funds or property if entrusted to the custody of a
different from that public officer for which he becomes accountable.
provided by law.
To be accountable, the private individual must have charge
For technical malversation to exist, it is necessary that of any national, provincial or municipal funds, revenues or
public funds or properties were diverted to any public use property.
other than that provided for by law or ordinance. To
constitute a crime, there must be a diversion of the funds “Administrator or Depositary” Refers to those persons
from the purpose for which they had been originally who have charge of funds or property attached or seized
appropriated by law or ordinance. (Tetangco vs. or deposited by public authority.
Ombnudsman)
“Sheriffs and receivers” Fall under the term administrator.
There must be a law or ordinance appropriating public
funds or property for a specific purpose which the accused
A judicial administrator in charge of settling the estate of
has violated. (People vs. Montemayor)
the deceased is not covered by this article.

In technical malversation, lack of intent is not a defense

because it is malum prohibitum. It is the commission of an CHAPTER FIVE: INFIDELITY OF PUBLIC
act as defined by the law, and not the character or effect OFFICERS
thereof, that determines whether the provision has been
violated. Hence, malice or criminal intent is completely
irrelevant. SECTION ONE: INFIDELITY IN THE
CUSTODY OF PRISONERS
ART. 221. FAILURE TO MAKE DELIVERY
OF PUBLIC FUNDS OR PROPERTY KINDS OF INFIDELITY OF PUBLIC OFFICERS:
(1) Infidelity in the custody of prisoners.
(2) Infidelity in the custody of documents.
(3) Revelation of secrets.

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ART. 223. CONNIVING WITH OR
CONSENTING TO EVASION
ELEMENTS
a. The offender is a public officer;
b. He has under his custody or charge a prisoner
serving sentence by final judgment or a detention
prisoner;
c. Such prisoner escaped from his custody; and
d. He connives with or consent to the escape of such
prisoner.
CLASSES OF PRISONERS INVOLVED
(1) Those who have been sentenced by final judgment to
any penalty; and
(2) Detention prisoners who are temporarily held in
custody for any crime or violation of law or municipal
ordinance.
This includes allowing prisoners to sleep and eat in the
officer‘s house or utilizes the prisoner‘s services for
domestic chores.
The release of a detention prisoner who could not be
delivered to judicial authorities within the time fixed by
law is not infidelity in the custody of a prisoner.
Without connivance in the escape of the prisoner on the
part of the person in charge, this crime is not committed.
Mere leniency or laxity in the performance of duties does
not constitute infidelity.
Infidelity in the Custody of Detained Persons under
Republic Act No. 9372
Any public officer who has direct custody of a detained
person or under the provisions of R.A No. 9372 and who
by his deliberate act, misconduct, or inexcusable
negligence causes or allows the escape of such detained
person shall be guilty of an offense and shall suffer the
penalty of:
(1) Detained person has already been convicted
and sentenced in a final judgment of a
competent court;
Twelve 12 years and one 1 day to twenty 20 years
of imprisonment
(2) Detained person has not been convicted and
sentenced in a final judgment of a competent
court.
Six 6 years and one 1 day to twelve 12 years of
imprisonment
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ART. 224. EVASION THROUGH
NEGLIGENCE
ELEMENTS
a. Offender is a public officer;
b. He is charged with the conveyance or custody of a
detention prisoner or prisoner by final judgment;
c. The escape occurs through his negligence.
Not every mistake is negligence under this article. There
must have been definite laxity amounting to deliberate
non-performance of duty. This is the distinction between
neglect that is properly dealt with administratively, and
neglect that gives rise to the crime of infidelity in the
custody of prisoners through negligence. (People v. Flosa,
citing People v. Nava)
This covers only positive carelessness and definite laxity
which amounts to deliberate non-performance of duties.
If a policeman who was on guard duty unlocked the door
of the jail to let a detention prisoner go out and clean the
premises, but on the latter’s third trip to a nearby faucet,
he walked behind the police headquarters, climbed over
the wall and escaped, the crime of Evasion through
negligence is not committed by the police on guard duty.
(People vs. Solis, CA 43 O.G. 50)
The fact that the public officer recaptured the prisoner
who had escaped from his custody does not afford
complete exculpation.
THE LIABILITY OF AN ESCAPING PRISONER
(1) If he is a prisoner by final judgment, he is liable for
evasion of service (Art. 157);
(2) If he is a detention prisoner, he does not incur
criminal liability (unless cooperating with the
offender).
ART. 225. ESCAPE OF PRISONER UNDER
THE CUSTODY OF A PERSON NOT A
PUBLIC OFFICER
ELEMENTS
a. Offender is a private person;
b. The conveyance or custody of a prisoner or person
under arrest is confided to him;
c. The prisoner or person under arrest escapes; and
d. Offender consents to the escape, or that the escape
takes place through his negligence.
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Green Notes 2019
If the offender who aided or consented to the prisoner‘s
escaping from confinement, whether the prisoner is a
convict or a detention prisoner, is not the custodian, the
crime is delivering prisoners from jail under Article 156.
The party who is not the custodian but who conspired with
the custodian in allowing the prisoner to escape does not
commit infidelity in the custody of the prisoner.
Art. 225 is not applicable if a private person was the one
who made the arrest and he consented to the escape of the
person he arrested.
The offender is not the one who arrested the escaping
prisoner but the one who agreed to have the custody or
charge of the same.
AS AN ACT OF NEGLIGENCE
Policeman escorted detained prisoner to the court. After
the court adjourned, he let her eat lunch with her family,
permitted her to go to the ladies’ washroom unescorted
and after her escape, did not report it immediately to his
superiors, instead he went around looking for her. SC held
that he is guilty of the crime in Art 224 for being negligent
in the performance of his duties which made the escape of
Sacris possible. (People vs. Rodillas)
SECTION TWO: INFIDELITY IN THE
CUSTODY OF DOCUMENT
ART. 226. REMOVAL, CONCEALMENT, OR
DESTRUCTION OF DOCUMENTS
ELEMENTS
a. Offender is a public officer;
b. He abstracts, destroys, or conceals documents or
papers;
c. Such documents or papers were entrusted to him by
reason of his office; and
d. Damage to a third party or to the public.
“REMOVAL” Presupposes appropriation of the official
documents. The removal, however, must be for an illicit
purpose. (Manzarinis vs. People)
“DESTRUCTION” Equivalent to rendering useless or the
obliteration of said documents; the complete destruction
thereof is necessary.
“CONCEALMENT” Means that the documents are not
forwarded to their destination; it is not necessary that they
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Criminal Law
are secreted away in a place where they could not be
found.
Documents as used here have the same meaning as that
which has been defined and explained in the crime of
falsification. It also includes “papers” entrusted to the
public officer, which may include papers missing
contained in an envelope received by a postmaster for
transmission to another. If the postmaster abstracted the
money, infidelity is committed.
It is not necessary that the act of removal be coupled with
proof of intention to conceal.
The damage to third persons or to the public must be
actual but need not be pecuniary or material. Mere alarm
to the public or in the alienation of its confidence in any
branch of the government service is sufficient.
It is essential that there be damage or intent to cause said
damage, although need not be serious, to a third person or
to public interest. Without any damage, the crime is not
committed.
The crime is consummated the moment the documents
under the custody of the public officer are removed from
the place where they are kept.
WHEN OFFENDER IS A PRIVATE INDIVIDUAL
A private individual who conspires with a mail carrier in
the offense of removing, concealing and destroying mail
matters, may be convicted or infidelity in the custody of
the documents following the doctrine that even private
parties who participates with a public officer in
committing malversation can also be punished for the
offense. (People vs. Agustin)
But a private individual who conceals, removes, destroys
official documents or papers with intent to defraud
commits estafa. (Art. 315, paragraph 3)
ART. 227. OFFICER BREAKING SEAL
ELEMENTS
a. Offender is a public officer;
b. He has custody of papers or property;
c. Such papers or property have been sealed by
authority; and
d. Offender breaks the seals or permits them to be
broken without any authority.
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Green Notes 2019 Criminal Law

NOTE: d. Damage, great or small, is caused to the public

• In "breaking of seal", the word "breaking" should interest.
not be given a literal meaning. If the custodian
managed to open the parcel without breaking the (2) WRONGFULLY DELIVERING PAPERS OR COPIES
seal, breaking is present. OF PAPERS OF WHICH HE MAY HAVE CHARGE,
• Damage is not an element. The crime may be AND WHICH SHOULD NOT BE PUBLISHED
committed through negligence.
Elements:
ART. 228. OPENING OF CLOSED a. Offender is a public officer;
b. He has charge of papers;
DOCUMENTS
c. Those papers should not be published;
d. He delivers those papers or copies thereof to a
ELEMENTS
third person;
e. The delivery is wrongful; and
a. Offender is a public officer;
f. Damage is caused to public interest.
b. He is not included in the provisions of Art. 229
(Revelation of secrets by an officer);
CHARGE
c. He is entrusted with the custody of closed papers,
Means custody or control. If he is merely entrusted with
documents or objects; and
the papers and not with the custody thereof, he is not
d. He opens or permits the same to be opened
liable under this article.
without proper authority.

The secrets referred to in this article are those which have

NOTE:
an official or public character, the revelation of which may
• If the closed document is sealed and in opening it
prejudice public interest. They refer to secrets relative to
the seal is broken, the act is punished under Art.
the administration of the government.
227 (Breaking of seal)
• If the opening of the closed document, the public
These secrets do not include military secrets or those
officer abstracted its contents, the crime of theft is
affect the security of the State as the latter may constitute
committed.
espionage.
• The closed document that was opened must be
Damage is also not an essential element although a higher
entrusted to the public officer by reason of his
penalty is imposed where the act has caused serious
office.
damage to public interest.
• Damage also not necessary. Mere opening of the
closed document constitutes the crime.
ART 229 AND ART 226, DISTINGUISHED

SECTION THREE: REVELATION OF REMOVAL,

REVELATION OF
SECRETS CONCEALMENT OR
SECRETS BY AN OFFICER
DESTRUCTION OF
(ART. 229)
DOCUMENTS (ART. 226)
ART. 229. REVELATION OF SECRETS BY
The papers contain secrets The papers do not
AN OFFICER and therefore should not contain secrets but their
be published, and the removal is for an illicit
ACTS PUNISHED public officer having purpose.
charge thereof removes
(1) REVEALING ANY SECRETS KNOWN TO THE and delivers them
OFFENDING PUBLIC OFFICER BY REASON OF HIS wrongfully to a third
OFFICIAL CAPACITY; person.

Elements:
a. Offender is a public officer;
b. He knows of a secret by reason of his official
capacity;
c. He reveals such secret without authority or
justifiable reasons; and
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ART. 230. PUBLIC OFFICER REVEALING The refusal must be intentional and must not be confused
with omission arising from oversight, mistake or
SECRETS OF PRIVATE INDIVIDUAL
erroneous interpretation of the order.

ELEMENTS
Open disobedience is committed by any judicial or
executive officer who shall openly refuse to execute the
a. Offender is a public officer;
judgement, decision, or order of any superior authority
b. By reason of his office he came to know of the
secrets of a private person; and
c. He reveals such secrets without authority or
ART. 232. DISOBEDIENCE TO ORDER OF
wrongfully delivers said papers. SUPERIOR OFFICERS, WHEN SAID
ORDER WAS SUSPENDED BY INFERIOR
The secrets referred to in this article are those which have OFFICER
an official or public character, the revelation of which may
prejudice public interest. They refer to secrets relative to
ELEMENTS
the administration of the government.

a. Offender is a public officer;

These secrets do not include military secrets or those
b. For a reason, he has suspended the execution of an
which affect the security of the State as the latter may
order of his superior;
constitute espionage.
c. The superior has disapproved the said suspension;
d. Offender still disobeys his superior’s disapproval.
Revelation to one person is sufficient. When the offender
is a public attorney or a solicitor, the act of revealing the
The order of the superior must be legal or issued within
secret should not be covered by Art 229.
his authority.

It is not necessary that damage be suffered by private

The disobedience must be open and repeated. What is
individual, although a higher penalty is imposed where the
punished by the law is insubordination of the act or defying
act has caused serious damage to public interest.
the authority which is detrimental to public interest.

The reason for this provision is to uphold faith and trust

If the suspension is disapproved by the superior officer,
in public service.
and the subordinate persists in his disobedience, it is
necessary that the superior reiterates compliance of the
CHAPTER SIX: OTHER OFFENSES OR order disobeyed before the act punished in this article can
IRREGULARITIES BY PUBLIC OFFICERS be committed.

What is punished by the law is insubordination or the act

ART. 231. OPEN DISOBEDIENCE
of defying the authority which is detrimental to public
interest.
ELEMENTS

a. Offender is any judicial or executive officer;

ART. 233. REFUSAL OF ASSISTANCE
b. There is judgment, decision or order of a superior
authority made within the scope of the jurisdiction ELEMENTS
of the latter and issued with all legal formalities; and
c. Offender openly refuses to execute such judgment, a. Offender is a public officer;
decision or order. b. He fails to lend his cooperation towards the
administration of justice or other public service;
OPENLY c. Said failure or refusal was made upon demand of
According to its grammatical meaning means, “without competent authority.
reservation”, “frankly” or “decisively”.
Damage is not an element. Serious damage to public
The refusal must be clear, manifest, and decisive or a interest or a third person merely aggravates the imposition
repeated and obstinate disobedience in the fulfillment of of the penalty.
an order.

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The accused public officer should be under the obligation
by reason of his office to render the required assistance to
the administration of justice or any public service. The
refusal, however, must be positively malicious.
The request must come from one public officer to another.
If he receives consideration therefore, bribery is
committed.
But mere demand will fall under the prohibition under the
provision of Republic Act No. 3019.
Any refusal by a public officer to render assistance when
demanded by competent public authority, as long as the
assistance requested from him is within his duty to render
and that assistance is needed for public service,
constitutes refusal of assistance.
Investigators and medico-legal officers who refuse to
appear to testify in court after having been subpoenaed
may also be held liable under this article.
ART. 234. REFUSAL TO DISCHARGE
ELECTIVE OFFICE
ELEMENTS
a. Offender was elected by popular election to a
public officer; and
b. He refuses without legal motive to be sworn in or
to discharge the duties and office.
Once an individual is elected to an office by the will of the
people, discharge of duties becomes a matter of duty, not
only a right. This only applies for elective, not appointive
officers.
ART. 235 MALTREATMENT OF
PRISONERS
ELEMENTS
a. Offender is a public officer or employee;
b. He has under his charge a prisoner or detention
prisoner; and
c. That he maltreats such prisoner in either of the
following manners:
i. By overdoing himself in the correction or
handling of a prisoner or detention prisoner
under his charge either by-
(1) Imposition of punishment not
authorized by regulation, or
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Criminal Law
(2) Inflicting such authorized punishment
in a cruel and humiliating manner.
ii. By maltreating such prisoner to extort a
confession or to obtain some information
from the prisoner.
“Under his charge” means actual charge, not one which is
by legal fiction. (People vs. Javier)
If the public officer is not the custodian of the prisoner,
and he manhandles the latter, the crime is physical
injuries.
The offended party must be a convict by final judgment
or a detention prisoner.
If the person is not a convict or a detention prisoner, the
crime committed would either be coercion or physical
injuries:
(1) Coercion: If the person not yet confined in jail is
maltreated to make him confess his guilt.
(2) Physical injuries: If the person maltreated has
already been arrested but is not yet booked in the
office of the police and put in jail.
The maltreatment must relate to (1) the correction or
handling of the prisoner or (2) for extorting a confession.
If it is due to a personal grudge against the prisoner, the
crime is physical injuries.
Offender may also be held liable for physical injuries or
damage caused.
See: Human Security Act of 2007 (R.A. 9372)
Section 24 thereof prohibits the use of torture or coercion
in the investigation and interrogation of the detained
persons. Evidence obtained in violation of such will be
inadmissible in any proceedings and the person who will
use torture or coercion shall suffer the penalty of twelve
(12) years and one day to twenty (20) years of
imprisonment as provided under Section 25.
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SECTION TWO: ANTICIPATION, The crime is qualified if the office is abandoned to evade
the discharge of the duties of preventing, prosecuting or
PROLONGATION AND ABANDONMENT
punishing any of the crime falling within Title One and
OF THE DUTIES AND POWERS OF Chapter One of Title Three of the Code. (Treason,
PUBLIC OFFICE conspiracy to commit treason, espionage, piracy or mutiny
on the high seas, etc. rebellion, sedition, inciting to
rebellion or sedition, etc.)
ART. 236 ANTICIPATION OF DUTIES OF A
PUBLIC OFFICE: ABANDONMENT OF OFFICE OR POSITION AND
DERELICTION OF DUTY DISTINGUISHED:
ELEMENTS
ABANDONMENT OF OFFICE DERELICTION OF DUTY
a. Offender is entitled to hold a public office either by OR POSITION (ART. 238) (ART. 208)
appointment or election; Committed by any public Committed only by public
b. The law requires that offender should be first sworn officer. officers who have the duty
to or should first give a bond; and to institute prosecution for
c. That offender assumes performance of said duties the punishment of
without first being sworn to or without first giving a violations of the law.
bond There is actual abandonment Public officer does not
through resignation to evade abandon his office but
Offender is suspended from office until he shall be sworn the discharge of duties. merely fails to prosecute a
or until he gives a bond. Penalty is fine from P40,000 to violation of the law.
P100,000 as provided under R.A. No. 10951.

ART. 237 PROLONGING PERFORMANCE SECTION THREE: USURPATION OF

OF DUTIES AND POWERS POWERS AND UNLAWFUL
APPOINTMENTS
ELEMENTS

a. Offender is a public officer; and

ART. 239 USURPATION OF LEGISLATIVE
b. He continues to exercise the duties and powers of
his office, employment or commission, beyond the
period provided by law, regulations or special
provisions applicable to the case.
a.
NOTE: The offenders contemplated here can be those b.
suspended, separated, declared over-aged, or dismissed.
c.
ART. 238 ABANDONMENT OF OFFICE OR
POSITION.
POWERS
ELEMENTS
Offender is an executive or judicial officer;
He encroaches upon the powers of the legislative
branch of the government; and
Such usurpation consists in making general rules
or regulations beyond the scope of his authority by
attempting to repeal a law or suspending the
execution thereof.

ELEMENTS ART. 240. USURPATION OF EXECUTIVE

FUNCTIONS
a. Offender is a public officer;
b. He has tendered his resignation from his position;
ELEMENTS
c. His resignation has not yet been accepted; and
d. He abandons his office to the detriment of public
a. Offender is a judge; and
service.
b. He assumes any power pertaining to the executive
authorities or obstructs the latter in the lawful
There must be a written formal resignation. It is
exercise of their powers.
indispensable to a resigning employee.

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ART. 241. USURPATION OF JUDICIAL NOTE: The purpose is to maintain the independence of the
judiciary from executive dictations.
FUNCTIONS

ELEMENTS
ART. 244. UNLAWFUL APPOINTMENTS

a. Offender is an officer of the executive branch of ELEMENTS

the government; and
b. He assumes judicial powers or obstructs the a. Offender is a public officer;
execution of any order or decision rendered by a b. He nominates or appoints a person to a public
judge within his jurisdiction. office;
c. Such person lacks the legal qualifications for the
NOTE: Article 239 to 241 punish interference by officers of office; and
one of the three departments of the government with the d. He has the knowledge of the lack of qualifications
functions of an official of another department to maintain of said person.
the separation and independence of the three
departments. NOTE:
• The offense is committed by nominating or
Usurpation of one officer of a given department of the appointing. Recommending, knowing that the
power of another officer in the same department is not person recommended is not qualified is not a
covered, like the exercise by a bureau employee of the
crime.
powers of his directors.
• There must be a law providing for the
qualifications of a person to be nominated or
Legislative officers are not punished for crimes under
appointed to a public office.
Articles 239 to 241.
• In addition to a penalty under this act, penalties
under RA 3019 may be imposed when the act
ART. 242. DISOBEYING REQUEST FOR constitutes graft and corrupt practices.
DISQUALIFICATION
SECTION FOUR: ABUSES AGAINST
ELEMENTS
CHASTITY
a. Offender is any public officer;
b. There is a proceeding pending before him; ART. 245. ABUSES AGAINST CHASTITY;
c. He has been lawfully required to refrain from
PENALTIES.
taking cognizance of such proceeding; and
d. He continues such proceeding before the question
ACTS PUNISHED
of jurisdiction has been decided.

(1) Soliciting or making immoral or indecent advances to

NOTE: The disobedient officer is liable even if the
jurisdictional question is resolved in his favor.
ART. 243. ORDERS OR REQUESTS BY
EXECUTIVE OFFICERS TO ANY JUDICIAL
AUTHORITY
ELEMENTS
a. Offender is an executive officer;
b. He addresses any order or suggestion to any
judicial authority; and
c. Such refers to any case or business coming within
the exclusive jurisdiction of the court.
a woman interested in matters pending before the
offending officer for decision, or with respect to
which he is required to submit a report to or consult
with a superior officer;
(2) Soliciting or making immoral or indecent advances to
a woman under the offender’s custody; and
(3) Soliciting or making immoral or indecent advances to
the wife, daughter, sister or relative within the same
degree by affinity of any person in the custody of the
offending warden or officer.
ELEMENTS
a. Offender is a public officer;

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b. He solicits or makes immoral or indecent advances
to a woman;
c. Such woman is –
i. interested in matters pending before the
offender for decision, or with respect to which
he is required to submit a report to or consult
with a superior officer; or
ii. under the custody of the offender who is a
warden or other public officer directly charged
with the care and custody of prisoners or
persons under arrest; or
iii. the wife, daughter, sister or relative within the
same degree by affinity of the person in the
custody of the offender.
Solicit means to propose earnestly and persistently
something unchaste and immoral to a woman. The
advances must be immoral or indecent.
The crime is consummated by mere proposal. However,
there must be proof of such solicitation or advances.
Proof of solicitation is not necessary when there is sexual
intercourse
The advances must be made to a woman as defined under
the article. (See element 3) If the Immoral or indecent
advances to the mother of the person in the custody of the
public officer is not covered by this article. However, the
offender may be prosecuted under RA 3019 (Anti-Graft and
Corrupt Practices Act).
The offender must be the custodian of the person under
arrest. If the offender was not the custodian, the crime
would also fall under Republic Act No. 3019.
Abuse against chastity is not absorbed in rape because the
basis of penalizing the acts is different from each other.
The essence of the crime is the mere making of immoral or
indecent solicitation or advances.
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Criminal Law
CRIMES AGAINST PERSONS
CHAPTER ONE: Destruction of Life
Section 1: Parricide, murder, homicide
Art. 246. Parricide
Art. 247. Death or physical injuries inflicted under
exceptional circumstances
Art. 248. Murder
Art. 249. Homicide
Art. 250. Penalty for frustrated parricide, murder or
homicide
Art. 251. Death caused in a tumultuous affray
Art. 252. Physical injuries inflicted in a tumultuous affray
Art. 253. Giving assistance to suicide
Art. 254. Discharge of firearms
Section 2: Infanticide and abortion
Art. 255. Infanticide
Art. 256. Intentional abortion.
Art. 257. Unintentional abortion
Art. 258. Abortion practiced by the woman herself or by
her parents
Art. 259. Abortion practiced by a physician or midwife
and dispensing of abortive
Section 3: Duel
Art. 260. Responsibility of participants in a duel
Art. 261. Challenging to a duel
CHAPTER TWO: Physical Injuries
Art. 262. Mutilation
Art. 263. Serious physical injuries
Art. 264.Administering injurious substances or beverages
Art. 265. Less serious physical injuries
Art. 266. Slight physical injuries and maltreatment
CHAPTER THREE: Rape
Art. 266-A. Rape, When and How committed
Art. 266-B. Penalties
Art. 266-C. Effect of pardon
Art. 266-D. Presumptions
CHAPTER ONE: DESTRUCTION OF LIFE
SECTION ONE: PARRICIDE, MURDER,
HOMICIDE
ART. 246 PARRICIDE
ELEMENTS
a. A person is killed;
b. Deceased is killed by the accused; and
c. Deceased is the father, mother or child, whether
legitimate or illegitimate, or a legitimate ascendant
or descendant, or legitimate spouse of the accused.
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ESSENTIAL ELEMENT OF PARRICIDE
The key element in parricide is the relationship of the
offender with the victim. Ergo, the fact of the relationship
should be alleged in the information. (People vs. Dalag)
THE RELATIONSHIP OF OTHER ASCENDANT OR
DESCENDANT MUST BE LEGITIMATE
However, proof of legitimacy is not required if the
deceased is either the father, mother or the child of the
accused. (People vs. Euasbalido)
If the child is exactly three (3) days old, the crime is
parricide.
PARRICIDE IS COMMITTED, BUT THE PENALTY WILL
NOT BE THAT WHICH IS PROVIDED IN ART. 246, IN
THREE CASES
(1) Error in Personae, Art. 49 Pars. 1 And 2;
(2) Death under exceptional circumstances. Art. 247; and
(3) Parricide through negligence.
PARRICIDE THROUGH RECKLESS IMPRUDENCE

The killing of an adopted child even if adoption confers on May be committed as when the accused, struggling for the
the adopted all the rights and privileges of a legitimate possession of a gun with his children, pulled the trigger
child could not be parricide. It is either murder or and accidentally hit his wife, who was then approaching
homicide. them. (People vs. Recote)

The relationship, except the spouse, must be in direct Stranger cooperating in the commission of parricide is
line and by blood. guilty of homicide or murder only because of the absence
of relationship. It is immaterial that he knew of the
PARRICIDE OF SPOUSE relationship between the other accused and the deceased.
(People v. Patricio) This applies whether the stranger
Parricide of spouse requires proof of marriage. (People vs. cooperated as a co-principal or accomplice.
Berang) The best proof of the relationship is marriage
certificate. However, parricide may be proven even if no If the natural father kills his child, there can be no
marriage contract was presented, provided there is other indemnity considering that the accused id the
evidence proving the fact of marriage. (People vs. presumptive heir of the deceased. (People vs. Berang)
Borromeo)
BASIS PARRICIDE INFANTICIDE
The mere fact that no record of marriage exists in the
As to basis Its basis is the The basis is
registry of marriage does not invalidate said marriage, as
relationship between the age of the
long as in the celebration thereof, all requisites for its
the offender and the child- victim.
validity are present. (Pugeda vs. Trias)
victim.
As to It can be committed Infanticide
Persons living together in apparent matrimony are
commission only by the relatives may be
presumed to be in fact married. (San Gui vs. Gupeco) enumerated. committed by
any person
When the accused hanged his wife from the branch of a whether
jackfruit tree who was five (5) months pregnant killing her relative or not
and the fetus, the crime committed is Parricide with of the victim.
Unintentional Abortion. (People v. Desalisa) As to Conspiracy cannot be Conspiracy is
application applied because the applicable
Where the wife conspired with strangers to kill her of relationship of the because the
husband, the wife is guilty of parricide, but the stranger conspiracy offender and the circumstance
committed murder or homicide as the case may be. victim is an essential of age pertains
(People v Patricio) element. A separate to the victim;
information must be only one
THE CHILD SHOULD NOT BE LESS THAN filed for the parricide information
THREE DAYS OLD and the murder or shall be
homicide on the part prepared for
If the child killed by his parent is less than three (3) days of the non-relative all the
old, the crime is Infanticide. (Art. 255) (Reyes) conspirator. conspirators.

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ART. 247. DEATH OR PHYSICAL INJURIES
INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES
ELEMENTS
a. That a legally married person (or parent) surprises
his spouse (or his daughter under 18 years of age,
and living with him) in the act of committing sexual
intercourse with another person;
b. That he or she kills any or both of them of inflicts
upon any or both of them any serious physical
injuries in the act or immediately thereafter; and
c. That he has not promoted or facilitated the
prostitution of his wife (or daughter) or that he or
she has not consented to the infidelity of the other
spouse. (People v. Talisic)
This provision does not define a felony.
This article does not define a crime. It is an exempting
circumstance. The penalty of destierro is intended for the
protection of the accused him from acts of reprisal by
relatives of dead spouse.
As it is not a felony and having admitted the killing, it is
incumbent upon the accused to prove the exempting
circumstance. It must be proved by clear and convincing
evidence. (People vs. Takbobo)
The spouse and the paramour must be caught “in the act
of sexual intercourse”
Does not include the killing of the wife
(1) When the husband upon arriving home one night,
saw a man jump out of the window; (People vs.
Marquez)
(2) Sleeping in the same bed; (People vs. Butuanan)
(3) Lying down on their sides for this position does not
warrant the conclusion that a carnal act is being
committed; (People vs. Wong)
(4) Seeing the wife raising up and the man buttoning
his drawers, as that is a situation after the act.
(People vs. Ginzales)
Surprise means to come upon suddenly and unexpectedly.
Article does not apply: If the surprising took place before
any actual sexual intercourse could be done.
Immediately thereafter the discovery, the escape, the
pursuit and the killing must form part of one continuous
act.
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Criminal Law
Evidence of the victim‘s promiscuity is inconsequential
to the killing. The offender must prove that he actually
surprised his wife and (her paramour) in flagrante delicto,
and that he killed the man during or immediately
thereafter. (People vs. Puedan) The killing must be the
direct result of the outrage suffered by the cuckolded
husband.
People vs. Abarca
Although about one hour had passed between the time the
accused discovered his wife having sexual intercourse with
the victim and the time the latter was killed, it was held
that Article 247 was applicable, as the shooting was a
continuation of the pursuit of the victim by the accused.
Inflicting death under exceptional circumstances is not
murder. Two other persons suffered physical injuries as
they were caught in the crossfire when the accused shot
the victim. A complex crime of double frustrated murder
was not committed as the accused did not have the intent
to kill the two victims. Here, the accused did not commit
murder when he fired at the paramour of his wife. No
aberratio ictus because he was acting lawfully. However,
in this case the court held him liable for less serious
physical injuries through simple imprudence or
negligence.
In case a 3rd person is caught in the crossfire and suffers
physical injuries, the accused is not liable. The principle
that one is liable for the consequences of his felonious act
is not applicable because he is not committing a felony
ART. 248. MURDER
ELEMENTS
a. A person was killed;
b. The accused killed him;
c. The killing is attended by any of the following
qualifying circumstance:
i. With treachery, taking advantage of superior
strength, with the aid of armed men, or
employing means to weaken the defense, or of
means or persons to insure or afford impunity;
ii. In consideration of a price, reward or promise;
iii. 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;
iv. On occasion of any of the calamities
enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano,
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destructive cyclone, epidemic, or any other
public calamity;
v. With evident premeditation;
vi. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim or
outraging or scoffing at his person or corpse.
Any of the qualifying circumstances enumerated in Art.
248 must be alleged in the information.
Rules for the application of the circumstances which
qualify the killing to murder:
(1) One attendant circumstance is enough to qualify
the crime as murder and any other will be
considered as generic aggravating.
(2) When the other circumstances are absorbed or
included in one qualifying circumstance, they
cannot be considered ass generic aggravating.
(3) Any of the qualifying circumstances enumerated in
Article 248 must be alleged in the information.
TREACHERY
The essence of treachery is that the offended party was
denied the chance to defend himself because of the means,
methods, deliberately adopted by the offender and were
not merely incidental to the killing. Killing of a child of
tender age is murder qualified by treachery. Abuse of
superior strength is inherent in and comprehended by the
circumstance of treachery or forms part of treachery.
There is treachery where the attack, although frontal, is
sudden and perpetrated in a manner tending directly and
specially to insure its execution, free from danger and
without risk to oneself, that the victim might defend
himself. (People vs. Maraccubo)
The circumstance of abuse of superior strength is deemed
absorbed in treachery (People v. Cawaling) so with the
aggravating circumstances of aid of armed men (People v.
Lapay) as well as nighttime or nocturnity since it was
evidently integral part of the peculiar treacherous means
and manner adopted to ensure the execution of the crimes
or that it facilitated the treacherous character of the
attack. (People v. Tabag)
“WITH THE AID OF ARMED MEN” The accused must avail
himself of the aid or rely upon them when the crime is
committed.
“BY MEANS OF FIRE, POISON, EXPLOSION ETC.” To
qualify killing to murder by means of inundation, fire,
poison, explosion, shipwreck, etc., the offender’s purpose
and design must be to kill the victim in employing the
various modes.
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Criminal Law
“POISON” Treachery and evident premeditation are
inherent in murder by poison only if the offender has the
intent to kill the victim by use of poison.
“FIRE” To be considered as a qualifying circumstance for
murder, the primordial criminal intent of the offender
must be to kill, and the fire was only used as a means to do
so.
If the primordial criminal intent of the offender is to
destroy property with the use of pyrotechnics and
incidentally, somebody within the premises is killed., the
crime is arson with homicide, a single indivisible crime
penalized under Article 326, which is death as a
consequence of arson.
“ON THE OCCASION OF INUNDATION, SHIPWRECK,
ETC.” If the killing is on the occasion of earthquake,
eruption of a volcano, destructive cyclone or other
calamities, the offender must have taken advantage of the
same, and the resultant condition.
EVIDENT PREMEDITATION
For evident premeditation to qualify killing to murder,
there must be proof, as clear as the evidence of the crime
itself of the following elements:
a. The time when the offender determined to commit
the crime;
b. An act manifestly indicating that the offender
clung to his or her determination; and
c. A lapse of time between the determination and the
execution sufficient to allow the offender to reflect
upon the consequences of his act.
The essence of evident premeditation is that the execution
of the criminal act is preceded by cool thought and
reflections upon the resolution to carry out the criminal
intent during the space of time sufficient to arrive at a calm
judgment. (People v. Bibat)
Evident premeditation is absorbed in price, reward or
promise, if without the premeditation the inductor would
not have induced the other to commit the act but not as
regards the one induced. (U.S. vs. Manalinde)
CRUELTY
There is cruelty when other injuries or wounds are
inflicted deliberately by the offender, which are not
necessary for the killing of the victim. The victim be alive
when the cruel wounds were inflicted.
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SCOFFING OR DECRYING THE CORPSE OF THE VICTIM
Any act that would amount to scoffing or decrying the
corpse of the victim will qualify the killing to murder.
Outraging means to commit an extremely vicious or
deeply insulting act.
Scoffing means to jeer and implies a showing of
irreverence.
Examples:
(1) the act of having anal intercourse with the woman
after killing her
(2) the corpse was dismembered with the cutting of the
head and limbs and the opening up of the body to
remove the intestines, lungs and liver.
In accidental homicide wherein, death of a person is
brought about by a lawful act performed with proper care
and skill and without homicidal intent, there is no liability.
THERE IS NO OFFENSE OF FRUSTRATED HOMICIDE
THROUGH IMPRUDENCE.
Accused pharmacist prepared the medicine on
prescription but erroneously used a highly poisonous
substance. When taken by the patient, the latter nearly
died. Accused is guilty only of reckless imprudence
resulting in serious physical injuries.
If the injuries were mortal but those were due to
negligence, the crime committed will be serious physical
injuries through reckless imprudence because the element
of intent to kill in frustrated homicide is incompatible with
negligence or imprudence. (People vs. Castillo)

Physical injuries are included as one of the essential

CRUELTY UNDER CRUELTY UNDER elements of frustrated homicide.
ART. 248 ART. 14
Aside from cruelty, any Requires that the victim be ATTEMPTED /
act that would amount alive, when the cruel PHYSICAL INJURIES
FRUSTRATED HOMICIDE
to scoffing or decrying wounds were inflicted and,
There is intent to kill. There is NO intent to kill.
the corpse of the therefore, there must be
However, if as a result of Where the intent to kill is
victim will qualify the evidence to that effect.
the physical injuries not manifest, the crime
killing to murder.
inflicted, the victim died, committed has been
the crime will be homicide generally considered as
ART. 249. HOMICIDE because the law punishes physical injuries and not
the result and not the attempted or frustrated
It is an unlawful killing of a person not constituting intent of the act. murder or homicide.
murder, parricide or infanticide.
In all crimes against persons in which the death of the
ELEMENTS victim is an element, there must be satisfactory evidence
of the fact of death and the identity of the victim.
a. Person was killed;
b. Offender killed him without any justifying ART. 250 PENALTY FOR FRUSTRATED
circumstances;
PARRICIDE, MURDER OR HOMICIDE
c. Offender had the intention to kill, which is
presumed;
d. Killing was not attended by any of the qualifying The Courts, in view of the facts of the case, may impose a
circumstances of murder, or by that of parricide or penalty:
infanticide. (1) 2 degrees lower for frustrated parricide, murder,
or homicide
INTENT TO KILL IS CONCLUSIVELY PRESUMED WHEN (2) 3 degrees lower for attempted parricide,
DEATH RESULTED murder, or homicide.
The law looks particularly to the material results following
the unlawful act and it holds the aggressor responsible for ART. 251 DEATH CAUSED IN A
all the consequences thereof. (U.S. vs. Gloria)
TUMULTUOUS AFFRAY
The killing of a peace officer who was fully aware of the
ELEMENTS
risks in pursuing the malefactors when done in a spur of
the moment is only Homicide. (People v. Porras)
a. That there be several persons;

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b. That they did not compose of groups organized for ART. 252. PHYSICAL INJURIES INFLICTED
the common purpose of assaulting and attacking
IN A TUMULTUOUS AFFRAY
each other reciprocally;
c. That these several persons quarreled and assaulted
ELEMENTS
one another in a confused and tumultuous manner;
a. There is tumultuous affray;
d. That someone was killed in the course of the affray;
b. That a participant suffers serious or less serious
e. That it cannot be ascertained who actually killed
physical injuries
the deceased; and
c. The person who inflicted the injuries is not known;
f. That the person or persons who inflicted serious
d. The all those who appear to have used violence
physical injuries or who used violence can be
upon the person of the offended party is known.
identified.

TUMULTUOUS AFFRAY NOTE: This article will not apply when a person is killed.

• It takes place when a quarrel occurs between If during the tumultuous affray, only serious or less serious
several persons not composing organized groups, physical injuries are inflicted upon a participant, those
and they engage in a fight in a confused and who used violence upon the person of the offended party
tumultuous manner, in the course of which some shall be held liable under this Article.
persons are killed or wounded and the author
thereof cannot be ascertained. The offended party must be participant in the affray.
• Considering the use of the word “tumultuous” the
participants must be at least four (4).
Physical injury should be serious or less serious.
• If the killer can be identified, the crime is Homicide No crime of physical injuries resulting from a tumultuous
or Murder. affray if the physical injury is only slight.
• The person killed may be a participant in the affray
or one who is not. Slight physical injury is considered as inherent in a
tumultuous affray.
CIRCUMSTANCES CRIME COMMITTED
The commotion is not only Tumultuous affray Only those who used violence is liable.
tumultuous but confused, to Where the participants who inflicted the serious physical
such an extent that it would injuries are identifiable, then they will be held liable for
not be possible to identify serious physical injuries unless intent to kill is shown, in
who the killer is, if death which case, the crime is frustrated Homicide. The others
results, or who inflicted the who inflicted the less serious or slight physical injuries are
serious physical injury or liable for such offenses.
injuries, but the person or
persons who use violence ART. 253 GIVING ASSISTANCE TO
are known or can be
identified.
SUICIDE
If it can be ascertained who Simple homicide
actually killed the deceased ACTS PUNISHED
If there is conspiracy Murder or homicide
(1) Assisting another to commit suicide, whether the
If there is a concerted fight Might be disturbance of
suicide is consummated or not; and
between two organized public order
(2) Lending his assistance to another to commit
groups. if participants are
suicide to the extent of doing the killing himself.
armed, it could be
tumultuous disturbance
GIVING ASSISTANCE TO SUICIDE
if property was
destroyed, it could be
malicious mischief Consists of giving means (arms, poison, etc.) or whatever
manner of positive and direct cooperation (intellectual aid,
If he is not known nor the No one will be held
suggestions regarding the mode of committing suicide,
one who inflicted serious responsible for the
etc.).
physical injuries or violence death of the victim.

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If the person does the killing himself, the penalty is similar No crime if firearm is not discharged. It is essential for
to that of homicide, which is reclusion temporal. prosecution to prove that the discharge of firearm was
directed precisely against the offended party.
The crime is frustrated if the offender gives the assistance
by doing the killing himself as firing upon the head of the If the firearm used is unlicensed, the crime of Illegal
victim but who did not die due to medical assistance. Possession of firearm is absorbed and the offender cannot
be punished separately for that offense. (People v.
The person attempting to commit suicide is not liable if he Ladjaalam)
survives. The reason is that he should be pitied and not
punished. CIRCUMSTANCES OF
CRIME COMMITTED
DISCHARGING OF FIREARMS
The accused is liable if he kills the victim, his sweetheart, The accused shot at another Discharge of firearms
because of a suicide pact. (People vs. Marasigan) with a firearm with no intent
to kill, just to merely frighten.
There can be no qualifying circumstance because the Aimed at someone with intent Attempted parricide,
determination to die must come from the victim. to kill murder, or homicide
If the discharge is not directed Alarm or scandal
The law is silent if the one who assists the person to any person but places the
attempting a suicide is the spouse, or parent, or the public in danger
relatives mentioned in Article 246 penalizing Parricide. If serious physical injuries Complex crime of
resulted from the discharge serious physical
EUTHANASIA OR MERCY KILLING injuries with illegal
discharge of firearm
EUTHANASIA CRIME COMMITTED If less serious physical injuries Complex crime of less
resulted from the discharge serious physical
If without Murder
injuries with illegal
consent
discharge of firearm
If with consent Covered by Giving assistance to
suicide
No presumed intent to kill if the distance is 200 meters.

A doctor who resorts to euthanasia of his patient may be

This crime cannot be committed through imprudence
liable for murder.
because it requires that the discharge must be directed at
another.
Euthanasia is not lending assistance to suicide. In
euthanasia, the victim is not in a position to commit
Firing a gun at a person even if merely to frighten him
suicide.
constitutes illegal discharge of firearms. (People vs.
Ramirez)
But if the patient himself asks to be killed by his doctor,
this Article applies.
SECTION TWO: INFANTICIDE AND
ART. 254. DISCHARGE OF FIREARMS ABORTION

ELEMENTS ART. 255 INFANTICIDE

a. The accused shot at another with a firearm;
ELEMENTS
b. He had no intent to kill; and
c. Unless the facts of the case are such that the act
a. A child was killed by the accused;
can be held to constitute frustrated or attempted
b. The deceased child was less than 3 days old, and
parricide, murder, homicide or any other crime for
c. That the accused killed the said child.
which a higher penalty is prescribed by any of the
articles of this Code.
NOTE: The penalty will correspond to that of parricide if
the accused is related to the child within the degree of
relationship defined in parricide and if the offender is a
stranger, the penalty corresponding to that of murder.
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CIRCUMSTANCES CRIME COMMITTED ELEMENTS

If the child is Abandonment under Art. 276.
abandoned without
any intent to kill and
death resulted
If the purpose of the Infanticide but the purpose
mother is to conceal may mitigate the liability of the
her dishonor mother or maternal
grandparents who committed
the crime.
It is NOT Infanticide through
imprudence
a. There is a pregnant woman;
b. Violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts
upon such pregnant woman;
c. 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; and
d. The abortion is intended.
WAYS OF COMMITTING INTENTIONAL ABORTION

Because the purpose of
concealing the dishonor is
incompatible with the absence
of malice in culpable felonies.
If the child is born NOT Infanticide
dead, or if the child is
already dead At most, there may be a
violation of the laws relating to
the burial of the dead of the
child was placed in a shallow
pit containing a little water to
save trouble of digging a grave.
An impossible crime may be
committed because infanticide
is a crime against persons.
Concealment of dishonor is not an element of infanticide.
It merely lowers the penalty. (US vs. Vedra)
If the crime is committed by the mother of the child for the
purpose of concealing her honor, she shall suffer the
penalty of prision mayor in its medium and maximum
periods and if the said crime be committed for the same
purpose by the material grandparents or either of them,
the penalty shall be reclusion temporal.
(1) Using violence upon the person of the pregnant
woman;
(2) By administering drugs and beverages upon the
pregnant woman, without her consent; or
(3) By acting, with the consent of the pregnant woman
(by administering drugs/beverages)
IN ALL THESE CASES THERE MUST BE INTENT TO
MAKE THE PREGNANT WOMAN ABORT.
The woman who consented to the abortion will be liable
under Art. 258 (Abortion practiced by the woman herself
of by her parents)
In intentional abortion, the offender must know of the
pregnancy because the criminal intent is to cause an
abortion
“CONSUMMATED ABORTION” The fetus must be dead.
“FRUSTRATED ABORTION” It is committed when the
fetus that is expelled is viable and therefore not dead as
abortion did not result despite the employment of
adequate and sufficient means to make the pregnant
woman abort.

A stranger who cooperates in the perpetration of If the means are not sufficient or adequate, the crime
infanticide committed by the mother or grandparent on would not be an impossible crime of abortion.
the mother‘s side, is liable for infanticide, but he must
suffer the penalty prescribed for murder. “CO-PRINCIPAL” One who persuades to abort

ART. 256 INTENTIONAL ABORTION “ACCOMPLICE”One who looks for a physician for abortion

Abortion is the willful killing of the fetus in the uterus, or Physician will be punished under Art. 259 (Abortion
the violent expulsion of the fetus from the maternal womb. practiced by a physician)

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ABORTION INFANTICIDE It is the willful killing of the fetus in the uterus, or the
Fetus could not sustain Fetus could sustain an violent expulsion of the fetus from the maternal womb that
independent life. No independent life after results in the death of the fetus.
legal viability. separation from the mother‘s
womb. The violence must be physical and must have been
deliberate and voluntary. (People vs. Palencia)
If the mother because of abortion suffers death or physical
injuries, you have a complex crime of murder or physical Unintentional abortion may be committed through
injuries and abortion. negligence as it is enough that the use of violence be
voluntary.
If the woman turns out not to be pregnant and someone
performs an abortion upon her, he is liable for an Unintentional abortion requires physical violence inflicted
impossible crime if the woman suffers no physical injury. If deliberately and voluntarily by a third person upon the
she dies or suffers injuries, the crime will be homicide, pregnant woman, without intention to cause the abortion.
serious physical injuries, etc.
Unintentional abortion may be committed through
INFANTICIDE VIS-À-VIS PARRICE IF THE OFFENDER negligence as it is enough that the use of violence be
IS A BLOOD RELATIVE voluntary. If the act of violence is not felonious, that is, act
of self-defense, and there is no knowledge of the woman‘s
pregnancy, there is no liability.
BASIS INFANTICIDE PARRICIDE
As to age of The age of the The victim is at
victims victim is less least three days CIRCUMSTANCES CRIME COMMITTED
than three days old. Violence is employed upon Unintentional Abortion
old. a pregnant woman; and
As to liability If done in The co- which causes the offended
in conspiracy conspiracy with conspirator is party to abort without,
a stranger, both liable for murder however, intending it.
the parent and because of the
the co- absence of If the pregnant woman Light threats
conspirator are relationship. aborted because of
liable for intimidation, NOT unintentional
infanticide. abortion because there is
Concealment Concealment of Concealment of no violence
as mitigating dishonor in dishonor in
circumstances killing the child killing the child If the pregnant woman complex crime of parricide
is mitigating. is not a was killed by violence by with unlawful abortion.
mitigating her husband
circumstance.
In both, there is intent to kill the child. Jose is declared guilty of the crime of unintentional
abortion through reckless imprudence for having bumped
a calesa which resulted in a pregnant woman bumping her
ART. 257 UNINTENTIONAL ABORTION abdomen against the wall of the calesa and eventually led
to an abortion. (People vs. Jose)
ELEMENTS
Mere boxing of the stomach taken together with the
a. There is a pregnant woman immediate strangling of the victim in a fight, is not
b. Violence is used upon such pregnant woman sufficient proof to show an intent to cause abortion.
without intending an abortion.
c. The violence is intentionally exerted. The accused must have merely intended to kill the victim
d. That as a result of the violence the fetus dies, either but not necessarily to cause abortion.
in the womb or after having been expelled
therefrom. The accused is liable for complex crime of parricide with
unintentional abortion for it was merely incidental to the
killing. (People vs. Salufrania)

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d. Said physician or midwife took advantage of his

For the crime of abortion, even unintentional, to be held or her scientific knowledge or skill.
committed, the accused must have known of the
pregnancy. (People vs. Carnaso) ACTS PUNISHED

ART. 258 ABORTION PRACTICED BY THE (1) Causing an abortion or assisting in causing the same
WOMAN HERSELF OR BY HER PARENTS by a physician or midwife by taking advantage of their
scientific knowledge or skill; and
(2) Dispensing of an abortive by a pharmacist without the
ELEMENTS
proper prescription from a physician.
a. The offender is a pharmacist;
a. There is a pregnant woman who has suffered an
b. There is no proper prescription from a
abortion;
physician;
b. Abortion is intended;
c. The offender dispenses any abortive.
c. Abortion is caused by –
i. The pregnant woman herself;
NOTE: It is not necessary that the pharmacist knew that
ii. Any other person, with her consent; or
the abortive would be used to cause abortion. What is
iii. Any of her parents, with her consent for the
punished is the act of dispensing an abortive without
purpose of concealing her dishonor.
proper prescription.
NOTE:
THERAPEUTIC ABORTION
• The pregnant woman either practices the abortion
upon herself or consents that another person
should do so. If the abortion is produced by a physician to save the life
of the mother, there is no liability.
• Where the purpose of the abortion is to conceal
her dishonor, the offense is mitigated.
But abortion without medical necessity to warrant it, is
• However, if the abortion is performed by the
punishable even with the consent of the woman or her
parents of the pregnant woman or either of them
husband. (Geluz vs. Court of Appeals)
and the pregnant woman consented for the
purpose of concealing her dishonor, the penalty
imposed on the offending parents shall be the same SECTION THREE: DUEL
as that imposed upon the woman who practiced
the abortion upon herself.
ART. 260 RESPONSIBILITY OF
Q: What crime is committed when a pregnant woman PARTICIPANTS IN A DUEL
tries to kill herself but survives and the fetus dies?
A: None. A person is liable for the direct, natural and logical ACTS PUNISHED
consequence of one’s felony. However committing suicide
is not a felony, thus, the woman is not liable for its (1) Killing one’s adversary in duel;
consequences. (2) Inflicting upon such adversary physical injuries; and
(3) Making a combat although no physical injuries have
ART. 259. ABORTION PRACTICED BY A been inflicted.

PHYSICIAN OR MIDWIFE AND

PERSONS LIABLE
DISPENSING OF ABORTIVES.
(1) Principals – person who killed or inflicted physical
ELEMENTS injuries upon his adversary, or both combatants in any
other case;
a. There is a pregnant woman who has suffered an (2) Accomplices – as seconds
abortion;
b. The abortion is intended; DUEL
c. Offender, who must be a physician or midwife, A formal or regular combat previously consented between
caused or assisted in causing the abortion; two parties in the presence of two or more seconds of

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lawful age on each side, who make the selection of arms CHAPTER TWO: PHYSICAL INJURIES
and fix all the other conditions of the fight.

KINDS OF PHYSICAL INJURIES:

The participant who shall kill the adversary is punished
with reclusion temporal and if he merely inflicts physical (1) Mutilation;
injuries upon the latter, he shall suffer the penalty thereof (2) Serious physical injuries;
according to their nature. If no physical injuries are (3) Less serious physical injuries;
inflicted, the combatants are punished arresto mayor. (4) Slight physical injuries.

THE SECONDS ARE PUNISHED AS ACCOMPLICES ART. 262. MUTILATION

A mere fight as a result of an agreement is not necessarily
duel because a duel “implies or means an agreement to
fight under determined conditions and with the
participation and intervention of seconds, who fix such
conditions”. (US vs. Navarro)
Mutilation is the chopping or the clipping off of some
parts of the body which are not susceptible to growth
again.
ACTS PUNISHED

There is no such crime nowadays because people hit each
other even without entering into any pre-conceived
agreement. This is an obsolete provision. If these are not
the conditions of the fight, it is not a duel in the sense
contemplated in the Revised Penal Code.
It will be a quarrel and anyone who killed the other will be
liable for homicide or murder, as the case may be.
ART. 261. CHALLENGING TO A DUEL
(1) Mutilation or intentionally mutilating another by
depriving him, either totally or partially, of some
essential organ for reproduction.
Elements:
a. There be castration, i.e. mutilation of organs
necessary for generation (such as the penis or
ovarium);
b. The mutilation is caused purposely and
deliberately.

ACTS PUNISHED (2) Mayhem or intentionally making other mutilation,

that is, by lopping or clipping off any part of the body
(1) Challenging another to a duel; of the offended party, other than the essential organ
(2) Inciting another to give or accept a challenge to a for reproduction, to deprive him of that part of his
duel; and body.
(3) Scoffing at or decrying another publicly for having
refused to accept a challenge to fight a duel. 2 KINDS OF MUTILATION

PERSONS LIABLE (1) Castration is mutilation of reproductive organ, either

(1) Instigators; totally or partially
(2) Challenger (2) Mayhem is mutilation of any other organ

If one challenges another to a duel by shouting, “Come
down, Ramon, let us measure your prowess. We will see
whose intestines will come out. You are a coward if you do
not come down”, the crime of challenging to a duel is not
committed.
If the challenge is only to fight, without the challenger
having in mind a formal combat to be agreed upon with the
assistance of seconds as contemplated under the law, the
crime committed will only be grave or light threat, as the
case may be.
Castration must be made purposely. Otherwise, it will be
considered as mutilation of second kind.
This cannot be committed through criminal negligence.
Intent to mutilate must be established. If there is no
intent, the crime is only serious physical injury.
The common mistake is to associate this with reproductive
organs only. Mutilation includes any part of the human
body that is not susceptible to grow again. If what was cut
off was a reproductive organ, the penalty is much higher
than that for homicide.

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ART. 263 SERIOUS PHYSICAL INJURIES (2) If any of the circumstances qualifying murder
attended its commission.
Ways of committing serious physical injuries
(1) Beating; RA 8049 (The Anti-Hazing Law)
(2) Assaulting; The law penalizes hazing which is defined as initiation rite
(3) Wounding; or practice as a prerequisite for admission into
(4) Administering noxious substances. membership in a fraternity, sorority or organization by
placing the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as forcing him
There must be an intent to injure. The offender is always
to do menial, silly, foolish and other similar tasks or
liable for the direct and logical consequence thereof even
activities or otherwise subjecting him to physical or
though not intended.
psychological suffering or injury.
This felony may be committed through negligence.
RA 9745 (The Anti-Torture Law)
It penalizes torture and other cruel, inhuman and
KINDS OF SERIOUS PHYSICAL INJURIES
degrading treatment. It treats torture as a separate and
independent crime.
(1) Where the injured person shall become insane,
imbecile, impotent or blind;
(2) Where the injured person –
ART. 264. ADMINISTERING INJURIOUS
a. loses the use of speech, SUBSTANCES OR BEVERAGES
b. power to hear,
c. power to smell, or ELEMENTS
d. lost an eye, a hand, foot, arm, leg or use of
any such member or a. Offender inflicted upon another any serious
e. become incapacitated for the work in which physical injury;
he was theretofore habitually engaged; b. It was done by knowingly administering to him any
(3) Where the injured person injurious substance or beverages or by taking
a. become deformed, or advantage of his weakness of mind or credulity;
b. shall have lost any other part of his body, or c. He had no intent to kill.
the use thereof, or
c. shall have been ill or incapacitated for the TO ADMINISTER AN INJURIOUS SUBSTANCE OR
performance of work in which he was BEVERAGE
habitually engaged for more than 30 days;
(4) Where the injured person shall have become ill or
Administering means introducing into the body the
incapacitated for labor for more than 30 days (but not
substance.
more than 90 days), as a result of the physical injuries
• Directing or causing said substance or beverage
inflicted.
to be taken orally by the injured person, who
suffers serious physical injuries as a result.
“DEFORMITY” Means disfigurement. • Throwing of the acid in the face is not
contemplated.
ELEMENTS OF DEFORMITY
ATTEMPTED OR FRUSTRATED
a. Injury must produce ugliness; PHYSICAL INJURIES
HOMICIDE
b. Visible; and
The offender inflicts Attempted homicide may be
c. Permanent meaning ugliness will not disappear
physical injuries. committed, even if no physical
through natural healing process
injuries are inflicted.
Offender has no The offender has intent to kill the
What is considered in law is not the artificial treatment,
intent to kill the offended party.
but the natural healing process.
offended party

Serious physical injuries are punished with higher

The reason why there is NO attempted or frustrated
penalty in the following cases:
crime of physical injuries is because this felony is defined
(1) If it is committed against any of the persons
by the gravity of the injury. It is a crime of result. As long
referred to in Art. 246 (parricide);
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as there is no injury, there can be no attempted or
frustrated stage thereof.
CLASSIFICATION OF PHYSICAL INJURIES
(1) Between less serious physical injuries and serious
physical injuries, you do not consider the period of
medical treatment. You only consider the period
when the offended party is rendered incapacitated
for labor.
(2) When the injury created a deformity upon the
offended party, you disregard the healing duration, or
the period of medical treatment involved. It is
automatically considered serious physical injuries.
(3) Deformity requires the concurrence of the following
conditions:
a. The injury must produce ugliness;
b. It must be visible;
c. The ugliness will not disappear through
natural healing process.
This article does not deal with a crime. It refers to means
of committing serious physical injuries.
When there is intent to kill, it is frustrated murder.
ART. 265 LESS SERIOUS
PHYSICAL INJURIES
ELEMENTS
a. Offended party is –
i. incapacitated for labor for 10 days or more (but
not more than 30 days), or
ii. needs medical attendance for the same period
of time;
b. The physical injuries must not be those described
in the preceding articles.
QUALIFIED AS TO PENALTY
(1) A fine not exceeding P 500.00, in addition to arresto
mayor, when:
i. There is a manifest intent to insult or offend
the injured person; or
ii. There are circumstances adding ignominy to
the offense.
(2) A higher penalty is imposed when the victim is either
i. The offender‘s parents, ascendants, guardians,
curators or teachers; or
ii. Persons of rank or person in authority
provided the crime is not direct assault.
Lasallian Commission on Bar Operations
Criminal Law
These physical injuries are not covered in Art. 263 and 264.
If the physical injuries do not incapacitate the offended
party for labor nor is there medical attendance, slight
physical injuries are committed. But the physical injuries
heal after 30 days, serious physical injuries are committed
under par. 4 of Art. 263.
ART. 266 SLIGHT PHYSICAL INJURIES
AND MALTREATMENT
ACTS PUNISHED
(1) Physical injuries incapacitated the offended party for
labor from 1-9 days, OR required medical attendance
during the same period;
(2) Physical injuries which did not prevent the offended
party from engaging in his habitual work or which did
not require medical attendance (ex. Black-eye);
(3) Ill-treatment of another by deed without causing any
injury (ex. Slapping but without causing dishonor).
If there is no evidence regarding actual injury or where the
deceased died of other causes and there is no evidence as
to how many days the deceased lived after injury, the
crime is slight physical injuries as the wounds inflicted by
the accused could not have caused death. (People vs.
Amarao)
The crime is also slight physical injuries if there is no proof
as to the period of the offended party’s incapacity for labor
or of the required medical attendance. (People vs.
Aranchado)
Slapping the face of a person is an example of ill-treatment
because the act does not cause injury.
Between slight physical injuries and less serious physical
injuries, not only the healing duration of the injury will be
considered but also the medical attendance required to
treat the injury.
The healing duration may be one to nine days, but if the
medical treatment continues beyond nine days, the
physical injuries would already qualify as less serious
physical injuries.
The medical treatment may have lasted for nine days, but
if the offended party is still incapacitated for labor beyond
nine days, the physical injuries are already considered less
serious physical injuries.
NOTE: In all these cases, there must be no intent to kill
otherwise, the offense would be Attempted or Frustrated
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Homicide, Murder or Parricide as the case may be. When of work in

the victim becomes deformed, the crime is Serious which he was
Physical Injuries. Deformity means physical ugliness which habitually
must be conspicuous and visible. It must also be engaged for
permanent and definite abnormality. more than 30
days; and
RA 7610 (Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act) (4) Injured
For purposes of this Act, the penalty for the crimes of person
murder, homicide, other intentional mutilation, and becomes ill or
serious physical injuries, respectively, shall be reclusion incapacitated
perpetua when the victim is under twelve (12) years of age. for labor for
more than 30
DEGREES OF PHYSICAL INJURIES days (must
not be more
SERIOUS LESS SERIOUS SLIGHT than 90 days)
(Art. 263) (Art. 265) (Art. 266) DIFFERENCE
Physical injuries Not among Physical injuries: Any of the Not among the enumeration in the
resulted to: those (1) Incapacitate circumstances preceding article.
(1) insanity, described in d the enumerated
imbecility, the preceding offended above.
impotence or article and the party for Medical Medical Medical
blindness; offended party labor from 1 attendance is not attendance or attendance or
is to 9 days or required under incapacity is incapacity is not
(2) lost use or incapacitated shall require paragraph (4) but required. required.
power of for labor for 10 medical there must be
speech, hear, days or more attendance incapacity for
smell, or shall (but not more during the more than 30
have lost an than 30 days) same days.
eye, hand, period.
foot, arm, leg CHAPTER THREE: RAPE
or use of any (2) Did not
such member prevent the
or shall have offended ART. 266-A. RAPE: WHEN AND HOW
become party from COMMITTED
incapacitated engaging in
for the work his habitual ART. 266-B. RAPE: PENALTIES:
in which he work or
was which did
ACTS PUNISHED
habitually not require
engaged; medical
(1) Rape through sexual intercourse without consent of
attendance
the woman: (Traditional Rape)
(3) become
deformed, or (3) Ill-
ELEMENTS:
shall have lost treatment of
a. Offender is a man;
any other another by
b. Offender had carnal knowledge of a woman;
part of his deed
c. Such act is accomplished under any of the
body, or the without
following circumstances:
use thereof, causing any
i. By using force, threat or intimidation;
or shall have injury
ii. When the woman is deprived of reason
been ill or
or is otherwise unconscious;
incapacitated
iii. By means of fraudulent machination or
for the
grave abuse of authority;
performance

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iv. When the woman is under 12 years of
age (Statutory Rape) or is demented,
even though none of the circumstances
mentioned above are present
(2) Rape Through Sexual Assault
ELEMENTS:
a. Offender commits an act of sexual assault;
b. The act of sexual assault is committed by any
of the following means:
i. By inserting his penis into another
person's mouth or anal orifice of
another person;
ii. By inserting any instrument or object
into the genital or anal orifice of
another person.
c. The act of sexual assault is accomplished
under any of the following circumstances:
i. By using force or intimidation; or
ii. When the woman is deprived of reason
or otherwise unconscious; or
iii. By means of fraudulent machination or
grave abuse of authority; or
iv. When the woman is under 12 years of
age or demented.
CLASSIFICATION OF RAPE
(1) Traditional Rape
Offended party is always a woman
Offender is always a man.
(2) Sexual assault
Rape can now be committed by a man or a woman,
that is, if a woman or a man uses an instrument on
anal orifice of male, she or he can be liable for rape.
Inserting a finger inside the genital of a woman is rape
through sexual assault within the context of “object”.
There should be evidence of at least the slightest
penetration of the sexual organ and not merely a brush or
graze of its surface. (People v. Dela Cruz)
PENALTIES
Traditional Rape Sexual Assault
In general: Reclusion
In general: Prision mayor
perpetua
A. Committed:
1) with the use of a deadly weapon; or
2) by 2 or more persons
Reclusion perpetua to Prision mayor to reclusion
death temporal
A. Victim becomes insane by reason or on the occasion of
rape
Reclusion perpetua to Reclusion temporal
death
B. Rape is attempted & homicide is committed by reason
or on the occasion thereof
Reclusion perpetua to Reclusion temporal to
death reclusion perpetua
C. Rape is consummated & homicide is committed by
reason or on the occasion thereof (a special complex
crime)
Death Reclusion perpetua
COMMITTED WITH ANY OF THE FF. AGGRAVATING
CIRCUMSTANCES
On the victim:
(1) Victim is under 18 yrs. old, & the offender is a
parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity w/in the 3rd
civil degree, or the common law spouse of the
parent of the victim.
(2) Victim is under the custody of the police military
authorities/ law enforcement agency.
(3) Victim is a religious and such legitimate vocation
is known by the offender before or at the time of
rape.
(4) Victim is a child below 7 yrs. old.
(5) Victim suffered permanent or physical
mutilation or disability by reason or on the
occasion of rape
On the offender:
(1) Offender is afflicted with a sexually transmissible
disease & the virus / disease is transmitted to
the victim.
(2) Offender is a member of the AFP / PNP / any law
enforcement agency / penal institution & took
advantage of his position.
(3) Offender knew of the pregnancy of the offended
party at the time of the commission of rape.
(4) Offender knew of the mental disability,
emotional disorder, & / or physical handicap of
the offended party at the time of the commission
of rape.
On 3rd persons
Rape is committed in full view of the of the spouse, parent,
any of the children, or other relatives w/in the 3rd civil
degree of consanguinity.

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Accused is only liable for ATTEMPTED RAPE. Conviction

OLD ANTI-RAPE LAW RA 8353
does not require a medico-legal finding of any penetration
Crime against chastity Crime against persons on the part of the woman. Force employed against the
victim of the rape need not be of such character as could
May be committed by a man Under the 2nd type,
be resisted.
against a woman only. sexual assault may be
committed by any person
When the offender has an ascendancy or influence over
against any person.
the girl, it is not necessary that she put up a determined
Complaint must be filed by May be prosecuted even if
resistance. A rape victim does not have the burden of
the woman or her parents, the woman does not file a
proving resistance.
grandparents or guardian if complaint. (Public Crime)
the woman was a minor or
Rape by means of fraudulent machinations and grave
incapacitated. (Private
abuse of authority absorbs the crime of qualified and
Crime)
simple seduction.
Marriage of the victim with Marriage extinguishes the
one of the offenders benefits penal action only as to the
Statutory rape is consummated when the victim is below
not only the principal but principal (the person who
12 yrs. old. Victim‘s consent is immaterial. Offender‘s
also the accomplices and married the victim), and
knowledge of the victim‘s age is immaterial in statutory
accessories. cannot be extended to
rape.
co- principals in case of
multiple rape.
Carnal knowledge of a child below 12 yrs. old even if she
Marriage of the victim with Marital rape is
is engaged in prostitution is still considered statutory
one of the offenders benefits recognized.
not only the principal but rape. (People vs. Campuhan)
also the accomplices and
accessories. A 16-year old mental retardate, who has the intellectual
capacity of a 9, was repeatedly raped by the accused.
(People vs. Atento)
Complete penetration is NOT necessary.
The slightest penetration—contact with the labia—will The accused was found guilty of raping a woman deprived
consummate the rape. of reason or otherwise unconscious, and was also held
liable for rape under the provision that pertains to a victim
Rape must have specific intent or lewd design. A soldier under 12 notwithstanding the victim‘s actual age.
raped a 19-year old student by poking a knife on her neck.
Only a portion of his penis entered her vagina because the Age requirement was subsequently amended to refer also
victim kept on struggling until she was able to escape. The to mental age.
accused was convicted of frustrated rape.
Incestuous rape refers to rape committed by an ascendant
There is NO crime of FRUSTRATED RAPE because in rape, of the offended woman.
from the moment the offender has carnal knowledge of the
victim, he actually attains his purpose, all the essential Gallo was found guilty of the crime of qualified rape with
elements of the offense have been accomplished. (People the penalty of death. (People vs. Gallo)
vs. Orita)
The information filed against him does not allege his
The accused had his pants down and was on top of the 4- relationship with the victim, his daughter, thus, it CANNOT
year old child when the child‘s mother arrived. Medical be considered as a qualifying circumstance. Special
findings showed no signs of genital injury and the victim‘s qualifying circumstances have to be alleged in the
hymen was intact. information for it to be appreciated.

For rape to be consummated, a slight brush or scrape of
the penis on the external layer of the vagina will not
suffice. Mere touching of the external layer of the vagina
without the intent to enter the same cannot be construed
as slight penetration.
The case was reopened, and the judgment is modified from
death to reclusion perpetua.
A 14-year old was raped by her brother-in-law. (People vs.
Berana)

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To effectively prosecute the accused for the crime of rape
committed by a relative by affinity w/in the 3rd civil
degree, it must be established that:
(1) The accused is legally married to the victim‘s
sister; and
(2) The victim and the accused‘s wife are full or half-
blood siblings.
Since relationship qualifies the crime of rape, there must
be clearer proof of relationship and in this case, it was not
adequately substantiated.
EVIDENCE WHICH MAY BE ACCEPTED IN THE
PROSECUTION OF RAPE
(1) Any physical overt act manifesting resistance against
the act of rape in any degree from the offended party;
or
(2) Where the offended party is so situated as to render
him/her incapable of giving his consent
RAPE SHIELD RULE
Character of the offended woman is immaterial in rape.
An accused may be convicted of rape on the sole testimony
of the offended woman. When several persons conspired
to rape a single victim, each shall be liable for the rape
committed personally by him, as well as those committed
by the others.
An accused may be considered a principal by direct
participation, by inducement, or by indispensable
cooperation. This is true in a charge of rape against a
woman, provided, a man is charged together with her.
EFFECT OF PARDON
(1) Subsequent valid marriage between the offender and
the offended party shall extinguish the criminal action
or the penalty imposed.
(2) When the legal husband is the offender, the
subsequent forgiveness by the wife as the offended
party shall extinguish the criminal action or the
penalty, provided that their marriage is NOT VOID ab
initio.
JURISPRUDENCE
FRUSTRATED HOMICIDE
By invoking self-defense, accused, in fact, admitted that he
inflicted injuries on the victim. The burden of proving with
clear and convincing evidence the justifying
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Criminal Law
circumstances to exculpate him from criminal liability was
thereby shifted to him. (De Leon v. People)
HOMICIDE
Direct evidence of the crime is not the only matrix
wherefrom a trial court may draw its conclusion and
finding of guilt. The rules of evidence allow a trial court to
rely on circumstantial evidence to support its conclusion
of guilt. Circumstantial evidence is that evidence which
proves a fact or series of facts from which the facts in issue
may be established by inference. At times, resort to
circumstantial evidence is imperative since to insist on
direct testimony would, in many cases, result in setting
felons free and deny proper protection to the community.
All the circumstances must be consistent with one
another, consistent with the hypothesis that the accused
is guilty, and at the same time inconsistent with the
hypothesis that he is innocent.
Thus, conviction based on circumstantial evidence can be
upheld, provided that the circumstances proven
constitute an unbroken chain which leads to one fair and
reasonable conclusion that points to the accused, to the
exclusion of all others, as the guilty person. (Salvador v.
People)
MURDER
Murder is committed by any person who, not falling within
the provisions of Article 246 of the Revised Penal Code
(RPC), kills another, if the killing is committed with
treachery. The essence of treachery is the sudden and
unexpected attack by an aggressor on an unsuspecting
victim, depriving the latter of any real chance to defend
himself and thereby ensuring its commission without risk
to himself.
The killing occurred at around two o‘clock in the morning,
an hour when generally people are asleep and the victim
was shot at the back. (People v. Bohol)
QUALIFIED RAPE
There is qualified rape when the facts alleged in the
Information and the facts proven in court establish the
qualifying circumstances of minority and relationship.
(People v. Abellano)
A stepfather, who exercises moral and physical
ascendancy over his stepdaughter, need not make any
threat against her because the latter is cowed into
submission when gripped with the fear of refusing the
advances of a person she customarily obeys.
Rape may, likewise, be committed in a room adjacent to
where the victim's family is sleeping, or even in a room
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shared with other people. There is no rule that rape can
only be committed in seclusion. (People v. Glivano)
RAPE
Physical resistance need not be established in rape when
intimidation is exercised upon the victim who submits
against her will to the rapist‘s lust because of fear for her
life or personal safety. The force, violence or intimidation
in rape is a relative term, depending not only on the age,
size, and strength of the parties but also on their
relationship with each other. Because of the victim‘s
youthfulness, coupled with the fact that the assailant is her
stepfather, it was easy for her to believe that appellant
would make good his threat to kill her should she resist.
(People v. Tuazon)
An information is valid as long as it distinctly states the
elements of the offense and the acts or omissions
constitutive thereof. The precise time or date of the
commission of an offense need not be alleged in the
complaint or information, unless it is an essential element
of the crime charged. In rape, it is not. The gravamen of
rape is carnal knowledge of a woman through force and
intimidation. In fact, the precise time when the rape takes
place has no substantial bearing on its commission. As
such, the date or time need not be stated with absolute
accuracy. It is sufficient that the complaint or information
states that the crime has been committed at any time as
near as possible to the date of its actual commission.
(People v. Domingo)
RAPE BY A MINOR
The accused at the time of the commission of the offense
was only 13 years old and it occurred prior to RA 9344 or
the Juvenile Justice and Welfare Act of 2006. The
subsequently enacted law should be construed to retroact
in favor of the accused. While the latter is now 25 years old
as of this decision, he is still exculpated from criminal
liability.
However, RA 9344 does not relieve the minor of civil
liability arising from the offense. (Ortega v. People)
CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY
CHAPTER ONE: Crimes against Liberty
Section 1: Illegal detention
Art. 267. Kidnapping and serious illegal detention
Art. 268. Slight illegal detention
Art. 269. Unlawful arrest
Section 2: Kidnapping of minors
Art. 270. Kidnapping and failure to return a minor
Art. 271. Inducing a minor to abandon his home
Section 3: Slavery and servitude
Art. 272. Slavery
Art. 273. Exploitation of child labor
Art.274. Services rendered under compulsion in payment
of debt
CHAPTER TWO: Crimes against securities
Section 1: Abandonment of helpless persons and
exploited minors
Art. 275. Abandonment of person in danger and
abandonment of one's own victim
Art. 276. Abandoning a minor
Art. 277. Abandonment of minor by person entrusted
with his custody; indifference of parents
Art. 278. Exploitation of minors
Art. 279. Additional penalties for other offenses
Section 2: Trespass to dwelling
Art. 280. Qualified trespass to dwelling.
Art. 281. Other forms of trespass.
Section 3: Threats and coercion
Art. 282. Grave threats.
Art. 283. Light threats.
Art. 284. Bond for good behavior.
Art. 285. Other light threats.
Art. 286. Grave coercions.
Art. 287. Light coercions.
Art. 288. Other similar coercions;
Art. 289. Formation, maintenance and prohibition of
combination of capital or labor through violence or
threats.
CHAPTER THREE: Discovery And Revelation Of
Secrets
Art. 290. Discovering secrets through seizure of
correspondence
Art. 291. Revealing secrets with abuse of office
Art. 292. Revelation of industrial secrets

CHAPTER ONE: CRIMES AGAINST

LIBERTY

SECTION ONE: ILLEGAL DETENTION

ART. 267 KIDNAPPING AND SERIOUS

ILLEGAL DETENTION

Where the person kidnapped or detained is a minor and

the accused is any of his parents, there is no crime of
kidnapping.
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ELEMENTS Actual demand for ransom not necessary, as long as it can

be proven that the kidnapping was done for the purpose of
a. Offender is a private individual; extorting money.
b. He kidnaps or detains another, or in any other
manner deprives the latter of his liberty; Whether or not the ransom is actually paid to or received
c. The act of detention or kidnapping must be illegal; by the perpetrator is of no moment. (People v. Jatulan)
d. In the commission of the offense, any of the
following circumstances* is present (becomes The victim’s lack of consent is also a fundamental element
serious): of kidnapping and serious illegal detention. (People v.
i. The kidnapping lasts for more than 3 days; Cortez)
ii. it is committed simulating public authority;
iii. Any serious physical injuries are inflicted upon Essential: There be actual confinement or restriction of
the person kidnapped or detained or threats to the person of the offended party. It is not necessary that
kill him are made; or the victim be placed in an enclosure, as long as he is
iv. The person kidnapped or detained is a minor deprived, in any manner, of his liberty.
(except if parent is the offender), female, or a
public officer CIRCUMSTANCES CRIME COMMITTED
When the victim dies or is Special complex crime
* alternative not cumulative killed as a consequence of of Kidnapping with
the detention, which is Murder
QUALIFYING CIRCUMSTANCES covered by the last
paragraph of Art. 267 as
(1) Purpose is to extort ransom; amended.
(2) When the victim is killed or dies as a consequence of If a woman is transported Forcible abduction
the detention; from one place to another by
(3) When the victim is raped; virtue of restraining her of
(4) When victim is subjected to torture or dehumanizing her liberty, and that act is
acts. coupled with lewd designs.
If a woman is transported Serious illegal
The offenders here are private individuals or public just to restrain her of her detention
officers acting in their private capacity. If they are public liberty. There is no lewd
officers, they are covered by the crimes under Title 2. design or lewd intent.
If a woman is carried away Grave coercion
When a public officer conspires with a private person in just to break her will, to
the commission of any of the crimes under Title IX, the compel her to agree to the
crime is also one committed under this title and not under demand or request by the
Title II. offender.

The purpose is immaterial when any of the ILLEGAL DETENTION ARBITRARY DETENTION
circumstances in the first paragraph of Art. 267 is Committed by a private Committed by public
present. individual who officer or employee who
unlawfully deprives a detains a person without
Essential element: deprivation of liberty. person of his liberty legal ground
Crime against personal Crime against the
RANSOM liberty fundamental laws of the
It is the money, price or consideration paid or demanded State
for redemption of a captured person or persons, a
payment that releases a person from captivity. Where the evident purpose of taking the victim was to kill
him, and from the acts of the accused it cannot be inferred
When the kidnapping was done to extort ransom, it is not that the latter‘s purpose was to actually detain or deprive
necessary that one or any of circumstances enumerated the victim of his liberty, the subsequent killing of the victim
be present. did not constitute the crime of kidnapping. The demand
for ransom did not convert the crime into kidnapping,

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since no deprivation of liberty was involved. (People v
Padica)
The essence of kidnapping is the actual deprivation of the
victim‘s liberty coupled with the intent of the accused to
effect it. (People v Luartes)
The duration of the detention even if only for a few hours
does not alter the nature of the crime committed. (People
v Pavillare)
PHYSICAL DETENTION IS NOT NECESSARY
It is enough that the victim is under the complete control
of the perpetrators as in this case when the Japanese
victim had to rely on his abductors for survival after he was
tricked into believing that the police was after him. It was
also held in this case that keeping a person as collateral for
payment of an obligation is kidnapping. (People v. Tomio)
The elements of kidnapping for ransom under Article 267
of the Revised Penal Code (RPC), as amended by Republic
Act (R.A.) 7659 warranting the imposition of the death
penalty, are as follows:
(1) Intent on the part of the accused to deprive the
victim of his liberty;
(2) Actual deprivation of the victim of his liberty; and
(3) Motive of the accused, which is extorting ransom
for the release of the victim.
Neither actual demand for nor payment of ransom is
necessary for the consummation of the felony. It is
sufficient that the deprivation of liberty was for extorting
ransom even if none of the four circumstances mentioned
in Article 267 were present in its perpetration. (People v.
Cenahonon)
Article 267 has been modified by Republic Act No. 7659 (AN
ACT TO IMPOSE THE DEATH PENALTY):
(1) Illegal detention becomes serious when it shall
have lasted for more than three days, instead of
five days as originally provided;
(2) In paragraph 4, if the person kidnapped or detained
was a minor and the offender was anyone of the
parents, the latter has been expressly excluded
from the provision. The liability of the parent is
provided for in the last paragraph of Article 271;
(3) A paragraph was added to Article 267, which states:
When the victim is killed or dies as a consequence
of the detention or is raped, or is subjected to
torture, or dehumanizing acts, the maximum
penalty shall be imposed.
(4) The amendment introduced in our criminal
statutes the concept of "special complex crime" of
kidnapping with murder or homicide.
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(5) It eliminated the distinction drawn by the courts
between those cases where the killing of the
kidnapped victim was purposely sought by the
accused, and those where the killing of the victim
was not deliberately resorted to but was merely an
afterthought.
KIDNAPPING WITH RAPE
Lewd design came after the intent to kidnap the victim. If
there is an attempted rape, it shall be considered as a
separate crime.
FORCIBLE ABDUCTION WITH RAPE
There is already lewd design before the kidnapping. If
there is an attempted rape, the crime committed is only
forcible abduction, the former being an expression of a
lewd design.
ART. 268. SLIGHT ILLEGAL DETENTION
ELEMENTS
a. Offender is a private individual;
b. He kidnaps or detains another, or in any other
manner deprives him of his liberty / furnished
the place for the perpetration of the crime
c. The act of kidnapping or detention is illegal;
d. The crime is committed without the attendance
of any of the circumstances enumerated in
Article 267.
NOTE: This felony is committed if any of the five
circumstances in the commission of kidnapping or
detention enumerated in Article 267 is not present.
THE PENALTY IS LOWERED IF
(1) The offended party is voluntarily released within
three days from the start of illegal detention;
(2) Without attaining the purpose; AND
(3) Before the institution of the criminal action.
The period of 3 days must be computed by days of 24 hours
and from that moment of the deprivation of liberty until it
ceases.
The prevailing rule now is Asistio v. Judge, which provides
that voluntary release will only mitigate criminal liability if
crime was slight illegal detention. If serious, it has no
effect.
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The liability of one who furnishes the place where the SECTION TWO: KIDNAPPING OF
offended party is being held captive is that of a principal
MINORS
and not of an accomplice.

ART. 269. UNLAWFUL ARREST ART. 270 KIDNAPPING AND FAIULURE

TO RETURN A MINOR
ELEMENTS
ELEMENTS
a. Offender arrests or detains another person;
b. The purpose of the offender is to deliver him to the a. The offender is entrusted with the custody of a
proper authorities; minor; and
c. The arrest or detention is not authorized by law or b. He deliberately fails to restore the minor to his
there is no reasonable ground therefor parents or guardians.

This felony consists in making an arrest or detention

NOTE: The refusal, however, must be deliberate
without legal or reasonable ground for the purpose of
and persistent to oblige the parents or the
delivering the offended party to the proper authorities.
guardian to seek the aid of the courts to obtain the
custody of the minor.
ACT COMMITTED CRIME
Arrest made without a warrant and Unlawful arrest
under circumstances not allowing a If any of the elements is absent, the kidnapping of the
warrantless arrest minor will fall under Art. 267 (Kidnapping and serious
If the person arrested is not Illegal detention illegal detention).
delivered to the authorities under Article 267
- Where person making the or 268. If the accused is any of the parents, Article 267 does not
arrest is a private apply; Articles 270 and 271 apply. If the taking is with the
individual Arbitrary consent of the parents, the crime in Article 270 is
- offender is a public officer detention under committed.
Article 124.
Where a minor child was taken by the accused without the
If the detention or arrest is for a Art. 125 (Delaying knowledge and consent of his parents, the crime is
legal ground, but the public officer Release) kidnapping and serious illegal detention under Article 267,
delays delivery of the person not kidnapping and failure to return a minor under Article
arrested to the proper judicial 270. (People v. Mendoza)
authorities
ART. 271. INDUCING A MINOR TO
NOTE: This felony may also be committed by public ABANDON HIS HOME
officers. (People v. Malasugui)
Delay in Delivery of Detained Persons and Unlawful ELEMENTS
arrest
a. The minor is living in the home of his parents or
DELAY IN THE DELIVERY UNLAWFUL ARREST guardians or the person entrusted with his
OF DETAINED PERSONS (ART. 269) custody; and
(ART. 125) b. The offender induces a minor to abandon such
Detention is for some legal Detention is not home.
ground. authorized by law.
Crime is committed by Committed by making INDUCEMENT MUST BE
failing to deliver such an arrest not
person to the proper authorized by law (1) Actual; and
judicial authority within a (2) Committed with criminal intent (determined will to
certain period. cause damage).

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Where the victims abandoned their respective homes out
of an irresponsible spirit of restlessness and adventure, the
crime is not committed.
The minor should not leave his home of his own free will.
What constitutes the crime is the act of inducing a minor
to abandon his home of his guardian, and it is not
necessary that the minor actually abandons the home.
Father or mother may commit the crimes in Art. 170 and 171
where they are living separately, and the custody of the
minor children is given to one of them.
The felony is committed by anyone who shall induce a
minor to abandon the house of his parents or guardian or
the person entrusted with his custody. It is mitigated if
induced by father or mother.
The article is intended to discourage and prevent
disruption of filial relationship and undue interference
with the parents’ right and duty to the custody of their
minor children and to rear them. The mere commission of
any act which tends to influence, persuade or prevail on a
minor to abandon his home is what constitutes the crime.
Its effect on the minor is immaterial. (People v. Apolinar)
The crime is committed by mere inducement of the
minor to abandon the house of his parents.
SECTION THREE: SLAVERY AND
SERVITUDE
ART. 272 SLAVERY
ELEMENTS
a. Offender purchases, sells, kidnaps or detains a
human being; and
b. The purpose of the offender is to enslave such
human being.
This is committed if anyone shall purchase, kidnap, or
detain a human being for the purpose of enslaving him.
QUALIFYING CIRCUMSTANCE
If the purpose of the offender is to assign the offended
party to some immoral traffic (prostitution), the penalty is
higher
CRIME
CIRCUMSTANCES
COMMITTED
If the purpose of the kidnapping or Slavery
detention is to enslave the offended
party
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Criminal Law
if the offender is not engaged in the Slavery
business of prostitution.
if the offender is engaged in the White slave
business of prostitution. trade under
Article 341.
This is distinguished from illegal detention by the purpose.
If the purpose of the kidnapping or detention is to enslave
the offended party, slavery is committed.
The employment or custody of a minor with the consent
of the parent or guardian although against the child’s own
will cannot be considered involuntary servitude.
But where is proven that the defendant was obliged to
render service in plaintiff’s house as a servant without
remuneration whatever and to remain there so long as she
has not paid her debt, there is slavery.
See: Sec. 4, 5 (prohibited acts) of RA 9208 (Anti-
Trafficking of Persons Act)
ART. 273 EXPLOITATION OF CHILD
LABOR
ELEMENTS
a. Offender retains a minor in his services;
b. It is against the will of the minor;
c. It is under the pretext of reimbursing himself of a
debt incurred by an ascendant, guardian or person
entrusted with the custody of such minor.
The existence of an indebtedness constitutes no legal
justification for holding a person and depriving him of his
freedom to live where he wills.
NOTE: If the minor agrees to serve the accused, no crime
is committed, even if the service is rendered to pay an
ascendant’s alleged debt.
ANTI-CHILD LABOR ACT OF 2003 (RA 9231)
RA 9231 amended RA 7610 by imposing heavier penalties
on parents, guardians and employers of children 18 yrs.
And below who commit any of the following acts:
(1) Making the child work beyond the maximum no.
of working hours provided by said law;
(2) Misappropriating the earnings of the child
and/or failure to set up a trust fund for the latter
and render a semi-annual accounting of such;
(3) Using, procuring or offering the child for
purposes of prostitution or pornographic
activities;
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(4) Using, procuring or offering the child for illicit CHAPTER TWO: CRIMES AGAINST
activities, such as trafficking of drugs and other
SECURITIES
illegal substances;
(5) Making the child work in hazardous working
conditions; SECTION ONE: ABANDONMENT OF
(6) Subjecting the child to various forms of slavery as HELPLESS PERSONS AND EXPLOITED
defined in RA 9208, incl. Trafficking of children,
recruitment of child soldiers, etc.
MINORS

ART. 274 SERVICES RENDERED UNDER ART. 275 ABANDONMENT OF PERSON IN

COMPULSION IN PAYMENT OF DEBT DANGER AND ABANDONMENT OF ONE’S
OWN VICTIM
ELEMENTS
ACTS PUNISHED
a. Offender compels a debtor to work for him, either as
a household servant or farm laborer; (1) Failing to render assistance to any person whom the
b. It is against the debtor‘s will; offender finds in an uninhabited place wounded or in
c. Purpose is to require or enforce the payment of debt danger of dying when he can render such assistance
RA 9231 (Anti-Child Labor Act of 2003) without detriment to himself, unless such omission
Sec. 12-D thereof prohibits “worst forms of child labor” shall constitute a more serious offense.
which includes:
(1) All forms of slavery, as defined under the "Anti- Elements
trafficking in Persons Act of 2003", or practices a. The place is not inhabited;
similar to slavery such as sale and trafficking of b. Accused found there a person wounded or in
children, debt bondage and serfdom and forced or danger of dying;
compulsory labor, including recruitment of c. Accused can render assistance without
children for use in armed conflict; or detriment to himself;
(2) The use, procuring, offering or exposing of a child d. Accused fails to render assistance.
for prostitution, for the production of pornography
or for pornographic performances; or NOTE: The offender is liable only when he can render
(3) The use, procuring or offering of a child for illegal such assistance without detriment to himself, unless
or illicit activities, including the production and the omission constitutes a more serious offense.
trafficking of dangerous drugs and volatile Where the person is already wounded and already in
substances prohibited under existing laws; or danger of dying, there is an obligation to render
(4) Work which by its nature or the circumstances in assistance only if he is found in an uninhabited place.
which it is carried out, is hazardous or likely to be
harmful to the health, safety or morals of children. (2) Failing to help or render assistance to another whom
the offender has accidentally wounded or injured;
SERVICES UNDER COMPULSION AND ANTI-CHILD (3) By failing to deliver a child, under seven years of age,
LABOR ACT DISTINGUISHED whom the offender has found abandoned, to the
SERVICES UNDER RA 9231 (ANTI-CHILD authorities or to his family, or by failing to take him to
COMPULSION LABOR ACT OF 2003) a safe place.
Victim is not necessarily Victim must be a minor NOTE: It is immaterial even if the offender has no
a minor knowledge that the child is under seven years of age.
The debtor is the one Minor is compelled to
compelled to work for render services for the This does not apply where a person intentionally wounds
the offender supposed debt of his another and leaves the offended party in an uninhabited
parents or guardian place.
Limited to household There is no limitation as
work or farm labor to the form of service An uninhabited place is determined by possibility of
person receiving assistance from another. Even if there
are many houses around, the place may still be uninhabited
if possibility of receiving assistance is remote.

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If what happened was an accident at first, there would be
no liability pursuant to Article 12 (4) of the Civil Code –
damnum absque injuria. But if you abandon your victim,
you will be liable under Article 275. Here, the character of
the place is immaterial. As long as the victim was injured
because of the accident caused by the offender, the
offender would be liable for abandonment if he would not
render assistance to the victim.
ART. 276 ABANDONING A MINOR
ELEMENTS
a. Offender has the custody of a child;
b. The child is under seven years of age;
c. He abandons such child;
d. He has no intent to kill the child when the latter is
abandoned.
QUALIFYING CIRCUMSTANCES
c. 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.
(2) Neglecting his (offender’s) children by not giving them
the education which their station in life requires and
financial condition permits.
Elements
a. Offender is a parent;
b. He neglects his children by not giving them
education;
NOTE: Failure to give education must be due to
deliberate desire to evade the obligation. If the
parents cannot give education because of
insufficient means, they will not be liable.
c. His station in life requires such education and
his financial condition permits it.

(1) When the death of the minor resulted from such “Indifference of parents” – while financially capable of
abandonment; or supporting the needs of children, the parents deliberately
(2) If the life of the minor was in danger because of the neglect to support the educational requirements of the
abandonment. children through plain irresponsibility caused by wrong
social values.
The purpose in abandoning the minor under his custody is
to avoid the obligation of taking care of said minor. It must ABANDONMENT OF
be conscious, deliberate, and permanent. MINOR BY PERSONS ABANDONMENT OF
ENTRUSTED WITH MINOR (ART. 276)
Intent to kill cannot be presumed from the death of the
CUSTODY (ART. 277)
child. The ruling that the intent to kill is presumed from
The custody of the The custody of the
the death of the victim of the crime is applicable only to
offender is specific, that offender is stated in
crimes against persons, and not to crimes against security,
is, the custody for the general
particularly the crime of abandoning a minor under Art.
rearing or education of
276.
the minor
Minor is under 18 yrs. of Minor is under 7 years of
ART. 277 ABANDONMENT OF MINOR BY age age
PERSON ENTRUSTED WITH HIS Minor is delivered to a Minor is abandoned in
public institution or such a way as to deprive
CUSTODY; INDIFFERENCE OF PARENTS
other person him of the care and
protection that his
ACTS PUNISHED
tender years need

(1) Delivering a minor to a public institution or other

persons without the consent of the one who
entrusted such minor to the care of the offender or,
in the absence of that one, without the consent of the
proper authorities;
Elements
a. Offender has charge of the rearing or
education of a minor;
b. He delivers said minor to a public institution or
other persons;
ART. 278 EXPLOITATION OF MINORS
ACTS PUNISHED
(1) Causing any boy or girl under 16 years of age to
perform any dangerous feat of balancing, physical
strength or contortion, the offender being any
person;
(2) Employing children under 16 years of age who are not

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the children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver,
or wild-animal tamer, the offender being an acrobat,
etc., or circus manager or engaged in a similar calling;
(3) Employing any descendant under 12 years of age in
dangerous exhibitions enumerated in the next
preceding paragraph, the offender being engaged in
any of the said callings;
(4) Delivering a child under 16 years of age gratuitously
to any person following any of the callings
enumerated in paragraph 2, or to any habitual vagrant
or beggar, the offender being an ascendant, guardian,
teacher or person entrusted in any capacity with the
care of such child; and
(5) Inducing any child under 16 years of age to abandon
the home of its ascendants, guardians, curators or
teachers to follow any person engaged in any of the
callings mentioned in paragraph 2 or to accompany
any habitual vagrant or beggar, the offender being any
person.
CIRCUMSTANCE QUALIFYING THE OFFENSE
(1) If the delivery of the child to any person following any
of the calling of acrobat, gymnast, rope-walker, diver,
wild-animal tamer or circus manager or to any
habitual vagrant or beggar is made in consideration of
any price, compensation or promise, the penalty is
higher.
(2) The offender is engaged in a kind of business that
would place the life or limb of the minor in danger,
even though working for him is not against the will of
the minor.
NATURE OF THE BUSINESS
This involves circuses which generally attract children so
they themselves may enjoy working there unaware of the
danger to their own lives and limbs.
AGE: Must be below 16 years. At this age, the minor is still
growing.
If the employer is an ascendant, the crime is not
committed, unless the minor is less than 12 years old.
Because if the employer is an ascendant, the law regards
that he would look after the welfare and protection of the
child; hence, the age is lowered to 12 years. Below that age,
the crime is committed.
Article 278 has no application if minor is 16 years old and
above. But the exploitation will be dealt with by Republic
Act No. 7610.
Lasallian Commission on Bar Operations
Criminal Law
If the minor so employed would suffer some injuries as a
result of a violation of Article 278, Article 279 provides that
there would be additional criminal liability for the resulting
felony.
Illustration:
The owner of a circus employed a child under 16 years of
age to do a balancing act on the tightrope. The crime
committed is exploitation of minors (unless the employer
is the ascendant of the minor who is not below 12 years of
age). If the child fell and suffered physical injuries while
working, the employer shall be liable for said physical
injuries in addition to his liability for exploitation of
minors.
ART. 279 ADDITIONAL PENALTIES FOR
OTHER OFFENSES
ADDITIONAL PENALTIES FOR OTHER OFFENSES
(1) The imposition of the penalties provided in the
preceding articles shall not prevent the imposition
upon the same offender for any other felony punished
by the Code.
(2) Under Art. 60 of the Pres. Decree 603, the acts
mentioned in Art. 59 committed by the parents and
guardians are punished with imprisonment from 2 to
6 months or a fine not exceeding P500 or both, unless
a higher penalty is provided in the Revised Penal Code
or special laws.
SECTION TWO: TRESPASS TO
DWELLING
ART. 280 QUALIFIED TRESPASS TO
DWELLING
ELEMENTS
a. Offender is a private person;
b. He enters the dwelling of another;
c. Such entrance is against the latter’s will.
TWO FORMS OF TRESPASS
(1) Qualified trespass to dwelling
This may be committed by any private person who
shall enter the dwelling of another against the latter’s
will. The house must be inhabited at the time of the
trespass although the occupants are out. Or offender
breaks in with force and violence (Article 280).
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(2) Trespass to property
Offender enters the closed premises or fenced estate
of another; such close premises or fenced estate is
uninhabited; there is a manifest prohibition against
entering such closed premises or fenced estate; and
offender has not secured the permission of the owner
or caretaker thereof (Article 281).
See: Presidential Decree No. 1227 regarding unlawful
entry into any military base in the Philippines.
Section 1 provides that any person, without express or
implied permission or authority of the base commander or
his duly authorized representatives, who re-enters or is
found within any military base after having been removed
and ordered not to re-enter by the base commander or his
duly authorized representative, shall be punished with
imprisonment and fine, or both, as provided under the law
DWELLING
It means any building or structure exclusively devoted for
rest and comfort. This is the place that a person inhabits.
It includes the dependencies which have interior
communication with the house. It is not necessary that it
be the permanent dwelling of the person. So, a person’s
room in a hotel may be considered a dwelling. It also
includes a room where one resides as a boarder.
NOTE:
• If the purpose in entering the dwelling is not
shown, trespass is committed.
• If the purpose is shown, it may be absorbed in the
crime as in robbery with force upon things, the
trespass yielding to the more serious crime.
• If the purpose is not shown and while inside the
dwelling he was found by the occupants, one of
whom was injured by him, the crime committed
will be trespass to dwelling and frustrated
homicide, physical injuries, or if there was no
injury, unjust vexation.
• If the entry is made by a way not intended for
entry, it is presumed to be against the will of the
occupant (example, entry through a window). It is
not necessary that there be a breaking.
Examples of Trespass by means of Violence
(1) Pushing the door violently and maltreating the
occupants after entering.
(2) Cutting of a ribbon or string with which the door latch
of a closed room was fastened. The cutting of the
fastenings of the door was an act of violence.
(3) Wounding by means of a bolo, the owner of the house
immediately after entrance
Examples of Trespass by Means of Intimidation
Lasallian Commission on Bar Operations
Criminal Law
(1) Firing a revolver in the air by persons attempting to
force their way into a house.
(2) The flourishing of a bolo against inmates of the house
upon gaining an entrance
Prohibition is not necessary when violence or intimidation
is employed by the offender.
Trespass may be committed by the owner of a dwelling.
QUALIFIED TRESPASS TO DWELLING AND VIOLATION
OF DOMICILE, DISTINGUISHED
Unlike qualified trespass to dwelling, violation of domicile
may be committed only by a public officer or employee and
the violation may consist of any of the three acts
mentioned in Article 128 –
(1) Entering the dwelling against the will of the owner
without judicial order;
(2) Searching papers or other effects found in such
dwelling without the previous consent of the
owner thereof; and
(3) Refusing to leave the dwelling when so requested
by the owner thereof, after having surreptitiously
entered such dwelling.
CASES WHEN ARTICLE 280 DOES NOT APPLY
(1) When the purpose of the entrance is to prevent
serious harm to himself, the occupant or third
persons;
(2) When the purpose of the offender in entering is to
render some service to humanity or justice;
(3) Anyone who shall enter cafes, taverns, inns and other
public houses while they are open.
Pursuant to Section 6, Rule 113 of the Rules of Court, a
person who believes that a crime has been committed
against him has every right to go after the culprit and
arrest him without any warrant even if in the process he
enters the house of another against the latter’s will.
ART. 281 OTHER FORMS OF TRESPASS
ELEMENTS
a. Offender enters the closed premises or the fenced
estate of another;
b. The entrance is made while either of them is
uninhabited;
c. The prohibition to enter is manifest; and
d. The trespasser has not secured the permission of
the owner or the caretaker thereof.
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QUALIFIED TRESPASS TO DWELLING AND OTHER (2) Making such threat without the offender attaining his
FORMS OF TRESPASS, DISTINGUISHED purpose;

QUALIFIED OTHER FORMS OF (3) Threatening another with the infliction upon his
person, honor or property or that of his family of any
TRESSPASS TO TRESPASS (ART. 281)
wrong amounting to a crime, the threat not being
DWELLING (ART. 280)
subject to a condition.
Offender is a private The offender is any person
person (either private individual or
Elements
public officer)
a. That the offender threatens another person
Offender enters a Offender enters closed
with the infliction upon the latter’s person,
dwelling house premises or fenced estate
honor or property, or upon that of the latter’s
without securing the
family, of any wrong;
permission of the owner or
b. That such wrong amounts to a crime;
caretaker thereof
c. That the threat is not subject to a condition
Place entered is Prohibition to enter must be
inhabited manifest
Act constituting the It is the entering the closed NOTE: The third type of grave threats must be
crime is entering the premises or the fenced serious and deliberate; the offender must persist in
dwelling against the estate without securing the the idea involved in his threats. The threat should not
will of the owner permission of the owner or be made in the heat of anger.
caretaker thereof
Prohibition to enter is Prohibition to enter must be “THREAT” - A declaration of an intention or determination
express or implied manifest to injure another by the commission upon his person,
honor or property or upon that of his family of some wrong
“Premises” Signifies distinct and definite locality. It may which may or may not amount to a crime.
mean a room, shop, building or definite area, but in either
case, locality is fixed. “INTIMIDATION” - An indispensable element in the crime
of threat. The very essence of threat is to sow fear, anxiety
and insecurity in the mind of the offended party. It is done
SECTION THREE: THREATS AND
by threatening to commit the crime upon the person,
COERCION honor, and property of the offended party. There is a
promise of some future harm or injury.
ART. 282 GRAVE THREATS
To constitute grave threats, the threats must refer to a
future wrong and is committed by acts or through words
ACTS PUNISHED
of such efficiency to inspire terror or fear upon another. It
is, therefore, characterized by moral pressure that
(1) Threatening another with the infliction upon his
produces disquietude or alarm.
person, honor or property or that of this family of any
wrong amounting to a crime and demanding money
The crime is consummated as soon as the threats came to
or imposing any other condition, even though not
the knowledge of the offended party.
unlawful, and the offender attained his purpose;

QUALIFYING CIRCUMSTANCE
Elements
a. That the offender threatens another person
(1) If threat was made in writing; or
with the infliction upon the latter’s person,
(2) Through a middleman.
honor or property, or upon that of the latter’s
family, of any wrong;
b. That such wrong amounts to a crime; THREAT COERCION
c. That there is a demand for money or that any Intimidation is The essence of coercion is
other condition is imposed, even though not essential violence or intimidation.
unlawful;
d. That the offender attains his purpose

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Intimidation is future Force or violence must be d. Offender has attained his purpose or, that he has
and conditional imminent, actual, and not attained his purpose.
immediate
Intimidation is Intimidation is directed A person may be convicted of light threats if although the
directed against the against the victim only harm threatened is not in the nature of crime but there is
victim or his family a demand for money or any other condition is imposed,
even though lawful.

THREAT ROBBERY Thus, if X would threaten Y, a physician, who is not paying

In threat, the In robbery, the robber makes
danger to the the danger involved in his
victim is not threats directly imminent to the
instantly imminent victim and the obtainment of his
nor the gain of the gain immediate, thereby also
culprit immediate. taking rights to his person by
the opposition or resistance
which the victim might offer
As to intimidation
The intimidation is Intimidation is actual and
future and immediate
conditional.
As to nature of intimidation
It may be through Intimidation is personal
an intermediary
As to subject matter
May refer to the Refers to personal property
person, honor or
property.
As to intent to gain
Intent to gain is There is intent to gain
not an essential
element.
GRAVE THREATS (ART. LIGHT THREATS (ART.
282) 283)
Acts threatened amounts Acts threatened does not
to a crime. amount to a crime.
Even if the harm intended
is in the nature of a
crime, if made orally and
in the heat of anger and
after the oral threat, the
issuer of the threat did
not pursue the act, the
crime is only other light
threats under Article 283.
taxes to the Government to report to the BIR unless said
physician would come across with P5,000, this crime is
committed. The threat to report to the BIR does not
amount to a wrong constituting a crime.
Blackmailing may be punished under Article 283.
ART. 284 BOND FOR GOOD BEHAVIOR
The law imposes the penalty of bond for good behavior
only in case of grave and light threats. If the offender
cannot post the bond, he will be banished by way of
destierro to prevent him from carrying out his threat.
WHEN A PERSON IS REQUIRED TO GIVE BAIL BOND
(1) When he threatens another under the
circumstances mentioned in Art. 282 (Grave
Threats).
(2) When he threatens another under the
circumstances mentioned in Art. 283 (Light
Threats).
This is an additional penalty.
BOND TO KEEP THE BOND FOR GOOD
PEACE BEHAVIOR
(ART. 35) (ART. 365)
It is applicable to any It is applicable only to
particular case. cases of grave threats and
light threats.
If the offender fails to If the offender fails to
give bond, he shall be give the bond, he shall be
detained for a period not sentenced to destierro.
exceeding 6 months.
ART. 285 OTHER LIGHT THREATS

ART. 283 LIGHT THREATS
(1)
ELEMENTS
a. Offender makes a threat to commit a wrong;
b. The wrong does not constitute a crime; (2)
c. There is a demand for money or that other
condition is imposed, even though not unlawful;
Lasallian Commission on Bar Operations
ACTS PUNISHED
Threatening another with a weapon, or by drawing
such weapon in a quarrel, unless it be in lawful self-
defense;
Orally threatening another, in the heat of anger, with
some harm constituting a crime, without persisting in
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the idea involved in his threat; another had not the authority of law or the right to
(3) Orally threatening to do another any harm not do so, or in other words, that the restraint shall not
constituting a felony. be made under authority of law or in the exercise
of any lawful right.
WITHOUT BEING INCLUDED IN THE PROVISIONS OF
THE NEXT PRECEDING ARTICLE PURPOSE OF THE LAW

There must be no demand for money or there is no To enforce the principle that no person may take the law
condition imposed. It must likewise be not punished under into his hands, and that our government is one of law, not
paragraph 2 of Article 282. of men.

Under the first type, the subsequent acts of the offender Grave coercion arises only if the act which the offender
must show that he did not persist in the idea involved in prevented another to do is not prohibited by law or
the threat. Threats which are ordinarily grave threats, if ordinance. If the act prohibited was illegal, he is not liable
made in the heat of anger, may be other light threats. If the for grave coercion.
threats are directed to a person who is absent and uttered
in a temporary fit of anger, the offense is only other light Illustration:
threats. Compelling the debtor to deliver some of his properties to
pay a creditor will amount to coercion although the
NOTE: Whether it is grave or light threats, the crime is creditor may have a right to collect payment from the
committed even in the absence of the person to whom the debtor, even if the obligation is long overdue.
threat is directed.
The violence employed in grave coercion must be
GRAVE THREATS AND OTHER LIGHT THREATS immediate, actual, or imminent. In the absence of actual
LIGHT THREATS (ART. (ART. 283) or imminent force or violence, coercion is not committed.
282 & ART. 283) The essence of coercion is an attack on individual liberty.
In certain cases, demand No demand for money
for money is necessary The physical violence is exerted to:
1. Prevent a person from doing something he wants to
In certain cases, No condition is imposed
condition is imposed do;
2. Compel him to do something he does not want to do.
Threat is deliberate Threat is not deliberate

If a man compels another to show the contents of the

ART. 286 GRAVE COERCIONS latter’s pockets, and takes the wallet, this is robbery and
not grave coercion. The intimidation is a means of
ACTS PUNISHED committing robbery with violence or intimidation of
persons. Violence is inherent in the crime of robbery with
(1) Preventive – Preventing another, by means of violence or intimidation upon persons and in usurpation of
violence, threats or intimidation, from doing real properties because it is the means of committing the
something not prohibited by law; crime.
(2) Compulsive – Compelling another, by means of
violence, threats or intimidation, to do something Exception to the rule that physical violence must be
against his will, whether it be right or wrong. exerted: where intimidation is so serious that it is not a
threat anymore – it approximates violence.
ELEMENTS
WHEN PRISION MAYOR SHALL BE IMPOSED
a. A person prevented another from doing something
not prohibited by law, or (1) If the coercion is committed in violation of the
b. That he compelled him to do something against his exercise of the right of suffrage.
will; be it right or wrong; (2) If the coercion is committed to compel another to
c. The prevention or compulsion be effected by perform any religious act.
violence, threats or intimidation control the will of (3) If the coercion is committed to prevent another
the offended party; and from performing any religious act
d. The person that restrained the will and liberty of

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INTERRUPTION OF RELIGIOUS WORSHIP, ACT In the other light coercions or unjust vexation embraced
TENDING TO PREVENT THE METTING OF THE in the second paragraph, violence is absent
ASSEMBLY AND SIMILAR BODIES, VIOLATION OF
PARLIAMENTARY IMMUNITY, AND LIGHT COERCION, UNJUST VEXATION
DISTINGUISHED Any act committed without violence, but which
unjustifiably annoys or vexes an innocent person amounts
to light coercion. (People vs. Gozum)
CIRCUMSTANCES CRIME COMMITTED
A public officer who Interruption of religious
It should include any human conduct which, although not
shall prevent by means worship (Art 132)
productive of some physical or material harm would,
of violence or threats
however, unjustifiably annoy or vex an innocent person.
the ceremonies or
It is distinguished from grave coercion under the first
manifestations of any
paragraph by the absence of violence.
religion
Any person who, by Act tending to prevent
Illustration:
force, prevents the the meeting of the
Persons stoning someone else’s house. So long as stoning
meeting of a legislative Assembly and similar
is not serious and it is intended to annoy, it is unjust
body bodies (Art 143)
vexation. It disturbs the peace of mind.
Any person who shall Violation of
use force or intimidation parliamentary immunity
PURPOSE
to prevent any member (Art 145)
of Congress from
attending the meetings The main purpose of the statute penalizing coercion and
thereof, expressing his unjust vexation is precisely to enforce the principle that no
opinions, or casting his person may take the law into his hands and that our
vote government is one of laws, not of men. The essence of the
crimes is the attack on individual liberty.
when the violence is light coercion (Art. 287)
employed to seize
anything belonging to ART. 288 OTHER SIMILAR COERCIONS;
the debtor of the (COMPULSORY PURCHASE OF
offender MERCHANDISE AND PAYMENT OF
WAGES BY MEANS OF TOKENS)
The owner of a thing has no right to prohibit the
interference of another, if the interference is necessary to
avert an imminent danger and the threatened damage, ACTS PUNISHED
compared to the damage arising to the owner from the
interference, is much greater. (Art. 432, CC (1) Forcing or compelling, directly or indirectly, or
ART. 287 LIGHT COERCIONS knowingly permitting the forcing or compelling of the
laborer or employee of the offender to purchase
ELEMENTS merchandise of commodities of any kind from him;
Elements
a. Offender is any person, agent or officer of any
a. Offender must be a creditor;
association or corporation;
b. He seizes anything belonging to his debtor;
b. He or such firm or corporation has employed
c. The seizure of the thing be accomplished by means
laborers or employees;
of violence or a display of material force producing
c. He forces or compels, directly or indirectly, or
intimidation;
knowingly permits to be forced or compelled,
d. The purpose of the offender is to apply the same to
any of his or its laborers or employees to
the payment of the debt.
purchase merchandise or commodities of any
kind from him or from said firm or corporation
The first paragraph deals with light coercions wherein
violence is employed by the offender who is a creditor in
seizing anything belonging to his debtor for the purpose of (2) Paying the wages due his laborer or employee by
applying the same to the payment of the debt. means of tokens or object other than the legal tender
currency of the Philippines, unless expressly
requested by such laborer or employee.
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Elements
a. Offender pays the wages due a laborer or
employee employed by him by means of tokens
or object;
b. Those tokens or objects are other than the
legal tender currency of the Philippines;
c. Such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.
As a general rule, wages shall be paid in legal tender and
the use of tokens, promissory notes, vouchers, coupons or
any other forms alleged to represent legal tender is
absolutely prohibited even when expressly requested by
the employee. (Section 1, Rule VIII, Book III, Omnibus Rules
Implementing the Labor Code)
No employer shall limit or otherwise interfere with the
freedom of any employee to dispose of his wages. He shall
not in any manner force, compel, oblige his employees to
purchase merchandise, commodities or other property
from the employer or from any other person. (Art. 112,
Labor Code)
Compelling an employee to purchase merchandise or
commodities of the employer or compelling him to receive
tokens or objects in payment of his wages are punished
under the Revised Penal Code.
Inducing an employee to give up any part of his wages by
force, stealth, intimidation, threat or by any other means
is unlawful under Article 116 of the Labor Code, not under
the Revised Penal Code.
ART. 289 FORMATION, MAINTENANCE
AND PROHIBITION OF COMBINATION OF
CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS
*Repealed by the labor code*
ELEMENTS
a. Offender employs violence or threats, in such a
degree as to compel or force the laborers or
employers in the free and legal exercise of their
industry or work;
b. The purpose is to organize, maintain or prevent
coalitions of capital or labor, strike of laborers or
lockout of employees.
Lasallian Commission on Bar Operations
Criminal Law
ACTS PUNISHED
(1) The organizing, maintaining or preventing coalitions
of capital or labor, strike, or lockout through violence
or threats.
(2) The act should not be a more serious offense. If death
or some serious physical injuries are cause in an effort
to curtail the exercise of the rights of the laborers and
employers, the act should be punished in accordance
with the other provisions of the Code.
Peaceful picketing is part of the freedom of speech and is
not covered by this article.
Preventing employees or laborers from joining any
registered labor organization is punished under Art. 248 of
the Labor Code.
CHAPTER THREE: DISCOVERY AND
REVELATION OF SECRETS
ART. 290 DISCOVERING SECRETS
THROUGH SEIZURE OF
CORRESPONDENCE
ELEMENTS
a. Offender is a private individual or even a public
officer not in the exercise of his official function;
b. He seizes the papers or letters of another;
c. The purpose is to discover the secrets of such
another person;
d. Offender is informed of the contents of the papers
or letters seized.
Seize means to place in the control of someone a thing or
to give him the possession thereof.
Purpose: This is a crime against the security of one’s
papers and effects. The purpose must be to discover its
effects. The act violates the privacy of communication.
According to Dean Ortega, it is not necessary that the
offender should actually discover the contents of the
letter. Reyes, citing People v. Singh, believes otherwise.
This is not applicable to parents with respect to minor
children.
The last paragraph of Article 290 expressly makes the
provision of the first and second paragraph thereof
inapplicable to parents, guardians, or persons entrusted
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with the custody of minors placed under their care or
custody, and to the spouses with respect to the papers or
letters of either of them. The teachers or other persons
entrusted with the care and education of minors are
included in the exceptions.
In a case decided by the Supreme Court, a spouse who
rummaged and found love letters of husband to mistress
does not commit this crime, but the letters are
inadmissible in evidence because of unreasonable search
and seizure. The ruling held that the wife should have
applied for a search warrant.
CRIME
CIRCUMSTANCES
COMMITTED
If the act had been executed with Estafa
intent of gain
If the purpose was not to defraud, would merit the
but only to cause damage to qualification of
another’s damage to
property
If the intention was merely to Unjust Vexation
cause vexation preventing another
to do something which the law
does not prohibit or compel him to
execute what he does not want
Revelation of secrets discovered not an element of the
crime but only increases the penalty.
An Act To Prohibit And Penalize Wire Tapping And
Other Related Violations Of The Privacy Of
Communication, And For Other Purposes (RA No.
4200)
Section 1. Unlawful acts by any person or participant,
not authorized by all the parties to any private
communication or spoken word.
(1) To tap any wire or cable;
(2) To use any other device or arrangement to
secretly overhear, intercept or record such
communication by using a device known as
dictaphone, dictagraph, detectaphone, walkie-
talkie or tape-recorder;
(3) To knowingly possess any tape/wire or disc
record, or copies of any communication or
spoken word;
(4) To replay the same for any person or persons;
(5) To communicate the contents thereof, verbally or
in writing;
(6) To furnish transcriptions thereof, whether
complete or partial.
Exception: When a peace officer is authorized by
written order from the court.
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Criminal Law
Any recording, communication or spoken word
obtained in violation of the provisions of this Act –
inadmissible in evidence in any judicial, quasi-judicial or
administrative hearing or investigation.
ART. 291 REVEALING SECRETS WITH
ABUSE OF OFFICE
ELEMENTS
a. Offender is a manager, employee or servant;
b. He learns the secrets of his principal or master in
such capacity;
c. He reveals such secrets.
SECRET MUST BE LEARNED BY REASON OF THEIR
EMPLOYMENT
An employee, manager, or servant who came to know of
the secret of his master or principal in such capacity and
reveals the same shall also be liable regardless of whether
the principal or master suffered damages.
The essence of this crime is that the offender learned of
the secret in the course of his employment. He is enjoying
a confidential relation with the employer or master, so he
should respect the privacy of matters personal to the
latter. No one has a right to the personal privacy of
another.
ART. 292 REVELATION OF INDUSTRIAL
SECRETS
ELEMENTS
a. Offender is a person in charge, employee or
workman of a manufacturing or industrial
establishment;
b. The manufacturing or industrial establishment has
a secret of the industry which the offender has
learned;
c. Offender reveals such secrets;
d. Prejudice is caused to the owner.
A business secret must not be known to other business
entities or persons. It is a matter to be discovered, known
and used by and must belong to one person or entity
exclusively.
The secrets here must be those relating to the
manufacturing processes invented by or for a
manufacturer and used only in his factory or in a limited
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number of them, otherwise, as when such processes are
generally used, they will not be a secret.
The act constituting the crime is revealing the secret of the
industry of employer. When, the offender used for his own
benefit, without revealing it to others, he is not liable
under this article.
Lasallian Commission on Bar Operations
Criminal Law
CRIMES AGAINST PROPERTY
CHAPTER ONE: Robbery in General
Art. 293. Who are guilty of robbery
Section 1: Robbery with violence against or
intimidation of persons
Art. 294. Robbery with violence against or intimidation of
persons; Penalties
Art. 295. Robbery with physical injuries, committed in an
uninhabited place and by a band, or with the use of
firearm on a street, road or alley
Art. 296. Definition of a band and penalty incurred by the
members thereof
Art. 297. Attempted and frustrated robbery committed
under certain circumstances
Art. 298. Execution of deeds by means of violence or
intimidation
Section 2: Robbery by the use of force upon things
Art. 299. Robbery in an inhabited house or public
building or edifice devoted to worship
Art. 300. Robbery in an uninhabited place and by a band
Art. 301. What is an inhabited house, public building or
building dedicated to religious worship and their
dependencies
Art. 302. Robbery is an uninhabited place or in a private
building
Art. 303. Robbery of cereals, fruits, or firewood in an
uninhabited place or private building
Art. 304. Possession of picklocks or similar tools
Art. 305. False keys
CHAPTER TWO: Brigandage
Art. 306. Who are brigands; Penalty
Art. 307. Aiding and abetting a band of brigands
CHAPTER THREE: Theft
Art. 308. Who are liable for theft
Art. 309. Penalties
Art. 310. Qualified theft
Art. 311. Theft of the property of the National Library and
National Museum
CHAPTER FOUR: Usurpation
Art. 312. Occupation of real property or usurpation of
real rights in property
Art. 313. Altering boundaries or landmarks
CHAPTER FIVE: Culpable Insolvency
Art. 314. Fraudulent insolvency
CHAPTER SIX: Swindling and other deceits
Art. 315. Swindling (estafa)
Art. 316. Other forms of swindling
Art. 317. Swindling a minor
Art. 318. Other deceits
CHAPTER SEVEN: Chattel Mortgage
Art. 319. Removal, sale or pledge of mortgaged property
CHAPTER EIGHT: Arson and Other Crimes
Involving Destructions
Art. 321. Other forms of arson
Art. 322. Cases of arson not included in the preceding
articles
Art. 323. Arson of property of small value
Art. 324. Crimes involving destruction
Art. 325. Burning one's own property as means to
commit arson
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Art. 326. Setting fire to property exclusively owned by
the offender
Art. 326-A. In cases where death resulted as a
consequence of arson
Art. 326-B. Prima facie evidence of arson
CHAPTER NINE: Malicious Mischief
Art. 327. Who are liable for malicious mischief
Art. 328. Special Cases of Malicious Mischief
Art. 329. Other mischiefs
Art. 330. Damage and obstruction to means of
communication
Art. 331. Destroying or damaging statues, public
monuments or paintings
CHAPTER TEN: Exemption from Criminal Liability
In Crimes Against Property
Art. 332. Persons exempt from criminal liability
CHAPTER ONE: ROBBERY IN GENERAL
ART. 293 WHO ARE GUILTY OF ROBBERY
ROBBERY
It is the taking of personal property belonging to another
with intent to gain, by means of violence against, or
intimidation of any person or using force upon anything.
CLASSIFICATION OF ROBBERY
(1) Robbery with violence against, or intimidation of
persons. (Arts. 294, 297, 298)
(2) Robbery by use of force upon things. (Arts. 299 & 302)
ELEMENTS OF ROBBERY IN GENERAL
a. That there be personal property belonging to
another;
b. That there is unlawful taking of that property;
c. That the taking must be with intent to gain; and
d. That there is violence against or intimidation of any
person or force upon things
“TAKING” Means depriving the offended party of
possession of the thing taken with the character of
permanency. Taking of personal property need not be
immediately after the intimidation.
PROPRERTY MUST BE PERSONAL PROPERTY
Property taken must be personal property, for if real
property is occupied or real right is usurped by means of
violence against or intimidation of person, the crime is
usurpation. (Art. 312)
Prohibitive articles may be the subject matter of robbery,
such as opium.
Lasallian Commission on Bar Operations
Criminal Law
The person from whom the personal property is taken
need not be the owner. Possession of the property is
sufficient. A co-owner or a partner cannot commit robbery
or theft with regard to the co-ownership or partnership
property.
As a general rule, the unlawful taking of personal property
belonging to another involves intent to gain on the part of
the offender. Absence of intent to gain will make the taking
of personal property grave coercion if there is violence
used. (Art. 286) Exists when it causes the fear or fright of
the victim.
It is not necessary that violence or intimidation is present
from the beginning.
The violence of intimidation must be present before the
taking of personal property is complete. When the violence
results in:
(1) Homicide;
(2) Rape;
(3) Intentional mutilation; or
(4) Any of the serious physical injuries penalized in
paragraphs 1 and 2 of Art. 263,
It will be robbery complexed with any of those crimes
under Art. 294, even if the taking was already complete
when the violence was used by the offender.
Use of force upon things will not make the taking of
personal property robbery, if the culprit never entered a
house or building. But such entrance is not necessary
when the robbery is committed by breaking wardrobes,
chests, or any other kind of locked or sealed furniture or
receptacle inside an inhabited house, a public building or
edifice devoted to religious worship, or by taking such
furniture or objects away to be broken or forced open
outside (subdivision (b) of Art. 299) or when the robbery in
an uninhabited building, other than a public building or
edifice devoted to religious worship, is committed by
breaking any wardrobe, chest, or any sealed or closed
furniture or receptacle, or by removing a closed or sealed
receptacle even if the same be broken open elsewhere.
(pars. 4 and 5 of Art. 302)
WHEN IS UNLAWFUL TAKING COMPLETE
ROBBERY WITH ROBBERY WITH FORCE
VIOLENCE AGAINST OR UPON THINGS
INTIMIDATION OF
PERSONS
The unlawful taking is The thing must be taken
complete even if the out of the building in
culprit has no
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opportunity to dispose order to be considered ART. 294 ROBBERY WITH VIOLENCE

the property. consummated.
AGAINST OR INTIMIDATION OF PERSONS

There is NO frustrated There is a frustrated This article punishes robbery with homicide, rape,
stage stage intentional mutilation, arson, serious physical injuries or
with clearly unnecessary violence. These offenses are
VIOLENCE known as special complex crimes.
AGAINST OR
USE OF FORCE UPON THINGS
INTIMIDATION On the occasion and by reason mean that homicide or
OF PERSONS serious physical injuries must be committed in the course
Taking of personal Taking is robbery only if the or because of the robbery.
property force is used either to enter the
belonging to building or to break doors,
ACTS PUNISHED UNDER ART. 294
another is always wardrobes, chests, or any other
robbery. kind of locked or sealed furniture
or receptacle inside the building (1) Robbery with homicide
or to force them open outside (2) Robbery with rape
after taking the same from the (3) Robbery with intentional mutilation
building. (Arts. 299 and 302) (4) Robbery with arson
Value of personal Value of personal property taken
(5) Robbery with serious physical injuries
property taken is is material.
immaterial. (6) Simple robbery
Penalty depends – Inhabited Bldg.:
ROBBERY WITH HOMICIDE
(a) on the result of Penalty is based –
the violence used; (a) on the value of the property ELEMENTS
and taken; and
(b) on the (b) on whether the offenders
existence of carry arms. a. The taking of personal property with violence or
intimidation. intimidation against persons;
Uninhabited Bldg.: b. That the property taken belongs to another;
Penalty is based only on the c. The taking was done with animo lucrandi; and
value of the property taken. d. On the occasion of the robbery or by reason
thereof, homicide was committed. (People vs.
RA 6539 or the Anti-Carnapping Act of 1972 applies when Baccay)
the property taken in robbery is a motor vehicle. Section 2
defines “carnapping" as the taking, with intent to gain, of a “Homicide” is used in its generic sense; it incudes
motor vehicle belonging to another without the latter's parricide and murder. Hence, there is no Robbery with
consent, or by means of violence against or intimidation of Murder as the crime is still Robbery with Homicide.
persons, or by using force upon things. On the other hand,
a “motor vehicle" is any vehicle propelled by any power Homicide may precede robbery or may occur after
other than muscular power using the public highways, but robbery. What is essential is that the offender must have
excepting road rollers, trolley cars, street-sweepers, intent to take personal property before the killing.
sprinklers, lawn mowers, bulldozers, graders, fork-lifts,
amphibian trucks, and cranes if not used on public The original criminal design of the offender must be to rob,
highways, vehicles, which run only on rails or tracks, and and the killing was perpetrated with a view to the
tractors, trailers and traction engines of all kinds used consummation of Robbery. Where the offender’s intention
exclusively for agricultural purposes. Trailers having any to take personal property of the victim arises as an
number of wheels, when propelled or intended to be afterthought, where his original intent was to kill, he is
propelled by attachment to a motor vehicle, shall be guilty of two separate crimes of homicide or murder, as the
classified as separate motor vehicle with no power rating. case may be, and theft.

SECTION 1: ROBBERY WITH VIOLENCE There is robbery with homicide even if the person killed
AGAINST OR INTIMIDATION OF was a bystander and not the person robbed or even if it
was one of the offenders. The law does not require the
PERSONS
victim of the robbery be also the victim of homicide.

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Robbery with homicide exists even if the death of the
victim supervened by mere accident. It is sufficient that a
homicide resulted by reason or on the occasion of the
robbery.
ROBBERY WITH RAPE
The offender must have the intent to take the personal
property belonging to another with intent to gain, and
such intent must precede the rape.
All the robbers may be held liable for robbery with rape
even if not all of them committed the crime of rape based
on the concept of conspiracy.
This article also applies even if the victim of the rape
committed by the accused was herself a member of the
gang of robbers.
There is no crime of Robbery with Multiple Homicide or
Robbery with Multiple Counts of Rape. Although there is
more than one instance of homicide/murder or rape, they
shall be considered as embraced under one special
complex crime of either Robbery with Homicide or
Robbery with Rape.
Neither shall the additional rape/s or homicide/s be
considered aggravating.
If the primary intent was to rape and the taking away of
the belongings of the victim was only a mere afterthought,
two separate felonies are committed: Rape and Theft or
Robbery (People v. Naag)
ROBBERY WITH INTENTIONAL MUTILATION
Robbery and intentional mutilation must both be
consummated to be classified as robbery with intentional
mutilation. There must be intent to mutilate, for if
mutilation merely resulted as a consequence of the injury
inflicted, the crime would be robbery with serious physical
injuries.
ROBBERY WITH ARSON
In the case of robbery with arson, it is essential that the
robbery precedes the arson. There must be intent to
commit robbery and no killing, rape or intentional
mutilation should be committed in the course of the
robbery, or else, arson will only be considered an
aggravating circumstance of the crime actually
committed.
ROBBERY WITH SERIOUS PHYSICAL INJURIES
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To be considered as Robbery with Physical injuries, the
injuries inflicted must be serious, otherwise, they shall be
absorbed in the robbery. 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 labor for more than 90 days or the person injured
becomes ill or incapacitated for labor for more than 30
days.
However, if the less serious or slight physical injuries were
committed, that would constitute a separate offense.
When by reason or on occasion of robbery the physical
injuries results to insanity, imbecility, impotency, or
blindness.
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.
SIMPLE ROBBERY
Involves slight or less serious physical injuries, which are
absorbed in the crime of robbery as an element thereof.
Violence or intimidation may enter at any time before the
owner is finally deprived of his property. This is so because
asportation is a complex fact, a whole divisible into parts,
a series of acts, in the course of which personal violence or
intimidation may be injected.
ART. 295 ROBBERY WITH PHYSICAL
INJURIES, COMMITTED IN AN
UNINHABITED PLACE AND BY A BAND,
OR WITH THE USE OF FIREARM ON A
STREET, ROAD, OR ALLEY
Robbery with violence against or intimidation of persons
under Par. 3, 4, 5 (serious physical injuries, clearly
unnecessary violence, OR simple robbery) of Article 294
is Qualified if committed -
(1) In an uninhabited place; or
(2) By a band; or
(3) By attacking a moving train, street car, motor
vehicle, or airship; or
(4) By entering the passengers’ compartments in a
train, or in any manner taking the passengers by
surprise in the respective conveyances; or
(5) On a street, road, highway, or alley, and the
intimidation is made with the use of firearms, the
offender shall be punished by the maximum
periods of the proper penalties prescribed in 294.
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Art. 295 speaks of aggravating circumstances applicable
when physical injuries mentioned in paragraphs 2, 3, and 4
were inflicted by reason or on occasion of robbery or
where only intimidation was used in the commission of
Robbery. As special aggravating circumstances they must
be alleged in the information otherwise, even if proven,
they can be offset by an ordinary mitigating circumstances
having been reduced into the class of generic aggravating
circumstances.
Conspiracy is presumed when robbery is by band.
ART. 296 DEFINITION OF A BAND AND
PENALTY INCURRED BY THE MEMBERS
THEREOF
ROBBERY BY A BAND, WHEN COMMITTED
When at least four armed malefactors take part in the
commission of a robbery, it is deemed committed by a
band. Even though only two of the malefactors were
armed, it is deemed to be committed by a band.
PENALTY
When any of the firearms used in the commission of
robbery is not licensed, the penalty upon all the
malefactors shall be the maximum of the corresponding
penalty provided by law without prejudice to the criminal
liability for illegal possession of such firearms.
REQUISITES FOR LIABILITY OF ACTS OF
OTHER MEMBERS
a. Member of the band;
b. Present at the commission of robbery;
c. Other members committed an assault; and
d. He did not attempt to prevent the assault.
If the mentioned requisites are present, the member(s)
shall be punished as principal of any of the assaults
committed by the band.
There is no crime as “robbery with homicide in band”. Band
is only ordinary aggravating circumstance in robbery with
homicide.
ART. 297 ATTEMPTED AND FRUSTRATED
ROBBERY COMMITTED UNDER CERTAIN
CIRCUMSTANCES
ELEMENTS
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Criminal Law
(1) There is attempted or frustrated robbery
(2) A homicide is committed on the same occasion.
SPECIAL COMPLEX CRIME
When robbery is attempted or frustrated but homicide is
attendant. The penalty is the same whether robbery is
attempted or frustrated.
The word “homicide” is used in its generic sense. It thus
includes multiple homicides, murder, parricide, or even
infanticide.
ART. 298 EXECUTION OF DEEDS BY
MEANS OF VIOLENCE OR INTIMIDATION
ELEMENTS
a. That the offender has intent to defraud another;
b. That the offender compels him to sign, execute, or
deliver any public instrument or document; and
c. That the compulsion is by means of violence or
intimidation
This is Robbery by the employment of violence or
intimidation and the purpose is not to take personal
property but to compel a person to sign a document. It
could be public instrument or private document since the
Spanish text says “escritura publico o documento” the
word public describing only the word instrument. (See
Reyes, RPC) There must be intent to defraud another by
means or through the contents of the document so that
the instrument or document must not be a void document.
Art. 298 applies to private or commercial document, but it
shall not apply of the document is void.
When the offended party is under the obligation to sign,
execute or deliver the document under the law, the crime
committed is grave coercion.
SECTION 2: ROBBERY BY THE USE OF
FORCE UPON THINGS
ART. 299 ROBBERY IN AN INHABITED
HOUSE OR PUBLIC BUILDING OR
EDIFICE DEVOTED TO WORSHIP
I. ROBBERY WITH FORCE UPON THINGS UNDER
SUBDIVISION A
Elements
a. The offender entered –
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i. An inhabited house;
ii. A public building or
iii. An edifice devoted to religious worship
b. The entrance was effected by any of the
following means:
i. Through an opening not intended for
entrance or egress;
ii. By breaking any wall, roof, floor, door or
window;
iii. By using false keys, picklocks or similar
tools; or
iv. By using any fictitious name or pretending
the exercise of public authority.
c. That once inside the building, the offender took
personal property belonging to another with
intent to gain.
NOTE:
• The whole body of the culprit must be inside
the building to constitute entering.
• Any of the four means described in subdivision
A must be resorted to enter a house or building,
not to get out otherwise it is only theft.
• Uninhabited house means any shelter, ship or
vessel constituting the dwelling of one or more
persons even though the inhabitants thereof
are temporarily absent when the robbery was
committed.
II. ROBBERY WITH FORCE UPON THINGS UNDER
SUBDIVISION B
Elements
a. Offender is inside a dwelling house, public
building or edifice devoted to religious worship,
regardless of the circumstances under which he
entered;
b. The offender takes personal property belonging
to another with intent to gain under any of the
following circumstances:
i. By the breaking of doors, wardrobes,
chests or any other kind of sealed furniture
or receptacle;
ii. By taking such furniture or objects away to
be broken or forced open outside the place
of the robbery;
iii. If the locked or sealed receptacle is not
forced open, crime is estafa or theft.
ART. 300 ROBBERY IN AN UNINHABITED
PLACE AND BY A BAND
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If committed in an uninhabited place and by a band is
punished by the maximum period of the penalty involved,
as distinguished from Qualified Robbery with Violence or
Intimidation of Persons (Article 295) which is committed in
an uninhabited place or by a band.
“UNINHABITED PLACE” One where there are no houses
at all, a place at a considerable distance from the town, or
where the houses are scattered at a great distance from
each other.
ART. 301 WHAT IS AN INHABITED HOUSE,
PUBLIC BUILDING, OR BUILDING
DEDICATED TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES
“INHABITED HOUSE” Any shelter, ship or vessel
constituting the dwelling of one or more persons, even
though the inhabitants thereof shall temporarily be absent
therefrom when the robbery is commited.
“DEPENDANCIES OF AN INHABITED HOUSE, PUBLIC
BUILDING OR BUILDING DEDICATED TO RELIGIOUS
WORSHIP” All interior courts, corrals, warehouses,
granaries, barns, coach-houses, stables, or other
departments, or enclosed places –
a. contiguous to the building or edifice,
b. having an interior entrance connected therewith
and
c. which form part of the whole, shall be deemed
dependencies of an inhabited house, public
building, or building dedicated to religious
worship.
Orchards and other lands used for cultivation or
production are not included in the terms of the next
preceding paragraph, even if closed, contiguous to the
building, and having direct connection therewith.
"PUBLIC BUILDING" includes every building owned by the
Government or belonging to a private person but used or
rented by the Government, although temporarily
unoccupied by the same.
ART. 302 ROBBERY IN AN UNINHABITED
PLACE OR IN A PRIVATE BUILDING
ELEMENTS
a. Offender entered an uninhabited place or building
which was not a dwelling house, not a public
building, or not an edifice devoted to religious
worship;
b. That any of the following circumstances was present:
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i. Entrance was effected through an opening ART. 305 FALSE KEYS

not intended for entrance or egress;
ii. A wall, roof, floor, or outside door or window INCLUSIONS
was broken;
iii. Entrance was effected through the use of
(1) Tools not mentioned in the next preceding article;
false keys, picklocks or other similar tools;
(2) Genuine keys stolen from the owner;
iv. A door, wardrobe, chest, or any sealed or
(3) Any keys other than those intended by the owner for
closed furniture or receptacle was broken; or
use in the lock forcibly opened by the offender.
v. A closed or sealed receptacle was removed,
even if the same be broken open elsewhere.
When the servant opens his master’s room using a key
c. With intent to gain, the offender took therefrom
voluntarily delivered to him by the master and takes away
personal property belonging to another.
personal property owned by his master, he is guilty of theft
and not robbery. (U.S. vs. Gernale, 23 Phil 474)
“BUILDING” Includes any kind of structure used for
storage or safekeeping of personal property, such as (a)
CHAPTER TWO: BRIGANDAGE
freight car and (b) warehouse.

“RECEPTACLE” A container which must be “closed” or ART. 306 BRIGRANDS – PENALTY

“sealed.”
ELEMENTS
ART. 303 ROBBERY OF CEREALS, FRUITS,
OR FIREWOOD IN AN UNINHABITED a. There be at least four armed persons;
b. They formed a band of robbers;
PLACE OR BUILDING
c. The purpose is any of the following:
i. To commit robbery in a highway; or
In the cases enumerated in Articles 299 and 302, when the
ii. To kidnap persons for the purpose of
robbery consists in the taking of cereals, fruits, or
extortion or to obtain ransom; or
firewood, the culprit shall suffer the penalty next lower in
iii. To attain by means of force or violence any
degree than that prescribed in said articles.
other purpose

CEREALS
Purpose: Mere formation is punished as the main object of
Seedlings which are the immediate product of the soil. The
the law is to prevent the formation of band of robbers.
palay must be kept by the owner as “seedling” or taken for
that purpose by the robbers.
BRIGANDAGE VS ROBBERY BY A BAND

ART. 304 POSSESSION OF PUCKLOCKS

BRIGANDAGE ROBBERY BY A
OR SIMILAR TOOLS (ART. 306) BAND (ART. 296)
Purpose (1) Commit Commit robbery
ELEMENTS robbery in a and not
highway; necessarily in a
a. That the offender has in his possession picklocks (2) Kidnap to highway
or similar tools; extort or get
b. That such picklocks or similar tools are specially ransom;
adopted to the commission of robbery; (3) Any other
c. That the offender does not have lawful cause for purpose to be
such possession. achieved by
means of force
NOTE: Mere possession of such tools, without lawful or violence
cause, is punished. If the person who makes such tools is a Proof Mere formation of a It is necessary to
locksmith, the penalty is higher. band is sufficient. prove that the
band actually
committed the
robbery.

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ART. 307 AIDING AND ABETTING A
BAND OF BRIGANDS
ELEMENTS
a. There is a band of brigands
b. Offender knows the band to be of brigands
c. Offender does any of the following acts:
i. He is any manner aids, abets or protects such
band of brigands; or
ii. He gives them information of the movements
of the police or other peace officers; or
iii. He acquires or receives the property taken
by such brigands.
WHO ARE CONSIDERED ACCOMPLICES
Presidential Decree No. 532 or the Anti-Piracy and Anti-
Highway Robbery Law of 1974 provides that any person
who knowingly and in any manner aids or abets the
commission of highway robbery or brigandage such as -
(1) Giving information about the movement of
police or other peace officers of the government;
(2) Acquires or receives property taken from such
brigands;
(3) In any manner derives any benefit therefrom;
(4) Directly or indirectly abets the commission of
highway robbery
Shall be considered as an accomplice of the principal
offenders and be punished in accordance with the Rules
prescribed by the Revised Penal Code.
It shall be presumed that the person performing any of the
acts provided in this article has performed them
knowingly, unless the contrary is proven.
CHAPTER THREE: THEFT
ART. 308 WHO ARE LIABLE FOR THEFT
ELEMENTS
a. That there be taking of personal property;
b. That said property belongs to another;
c. That the taking be done with intent to gain;
d. That the taking be done without the consent of the
owner;
e. That the taking be accomplished without the use of
violence against or intimidation of persons or force
upon things.
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Criminal Law
PERSONS LIABLE
(1) Those who, with intent to gain, without violence
against or intimidation of persons nor force upon
things, take personal property, of another without the
latter’s consent;
(2) Any person who, having found lost property, shall fail
to deliver the same to the local authorities or to its
owner;
The following must be proven:
a. Time of the seizure of the thing;
b. It was a lost property belonging to another; and
c. That the accused having had the opportunity
to return or deliver the lost property to its
owner or to the local authorities, refrained
from doing so.
(3) Any person who, after having maliciously damaged
the property of another, shall remove or make use of
the fruits or objects of the damage caused by him; and
(4) Any person who shall enter an enclosed estate or a
field where trespass is 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, or other forest or farm products.
Elements:
a. That there is an enclosed estate or a field, where
trespass is forbidden, or which belongs to
another;
b. Offender enters the same;
c. Offender hunts or fishes upon the same or
gather fruits, cereals or other forest or farm
products in the estate or field; and
d. That the hunting or fishing or gathering of
products is without the consent of the owner.
“LOST PROPERTY” Embraces loss by stealing or by act of
the owner or by a person other than the owner, or through
some casual occurrence.
To establish theft by failure to deliver or return lost
property, the following must be proven:
(1) Time of the seizure of the thing;
(2) It was a lost property belonging to another; and
(3) That the accused having had the opportunity to
return or deliver the lost property to its owner or
to the local authorities, refrained from doing so.
NOTE:
• No frustrated theft. The mere possession of the
thing, or even afterwards the offender decided to
return it, it is already consummated.
• The law does not require knowledge of the owner
of the property
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INTENT TO GAIN
Intent being a state of mind, intent to gain must be
presumed from the actual taking of personal property.
THEFT AND ROBBERY, DISTINGUISHED
What distinguishes THEFT from ROBBERY is that, in theft,
the offender does not use violence or does not enter a
house or building through any of the means specified in
Article 299 or Article 302 in taking personal property of
another with intent to gain.
THEFT AND ESTAFA, DISTINGUISHED
If possession was only material or physical, the crime is
theft. If possession was juridical, the crime is estafa.
CORPUS DELICTI
To be caught in the possession of the stolen property is not
an element of the corpus delicti. Corpus delicti means the
body or substance of the crime, an in its primary sense,
refers to the fact that the crime has been actually
committed.
In theft, corpus delicti has two elements:
(1) that the property was lost by the owner, and
(2) that it was lost by felonious taking
ART. 309 PENALTIES
The basis of the penalty in theft is
(1) The value of the thing stolen;
(2) The value and nature of the property taken; or
(3) The circumstances that impelled the culprit to
commit the crime
If there is no evidence of the value of the property stolen,
the court should impose the minimum penalty
corresponding to theft involving the value of P5.00. The
court may also take judicial notice of its value in the proper
cases.
ART. 310 QUALIFIED THEFT
INSTANCES OF QUALIFIED THEFT
(1) If theft is committed by a domestic servant;
(2) If committed with grave abuse of confidence;
(3) If the property stolen is a motor vehicle, mail matter,
or large cattle;
(4) If the property stolen consists of coconuts taken from
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Criminal Law
the premises of plantation;
(5) If the property stolen is fish taken from a fishpond or
fishery;
(6) If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance.
If any of the mentioned instances are present, the crime of
theft shall be punished by the penalties next higher by two
degrees than those specified in the next preceding article.
The abuse of confidence must be grave. There must be
allegation in the information and proof of a relation, by
reason of dependence, guardianship or vigilance, between
the accused and the offended party that has created a high
degree of confidence between them, which the accused
abused.
Theft by domestic servant is always qualified. There is no
need to prove grave abuse of confidence.
ART. 311 THEFT OF THE PROPERTY OF
THE NATIONAL LIBRARY AND
NATIONAL MUSEUM
RA 10951 amended ART. 311
Theft of property of the National Museum and National
Library shall be punished by a penalty of arresto mayor or
a fine ranging from ₱40,000 to ₱100,000, or both, unless a
higher penalty should be provided under other provisions
of the Code.
Anti-Cattle Rustling Law of 1974 (PD 533 )
“Cattle Rustling”
The taking away by any means, method or scheme,
without the consent of the owner/raiser, of any of the
animals (classified as large cattle) whether for profit or
gain, or whether committed with or without violence
against or intimidation of any person or force upon
things. It includes the killing of large cattle, or taking its
meat without the consent of the owner/raiser.
Anti-Fencing Law (PD 1612)
“Fencing”
The 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 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.
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Robbery, theft and fencing are separate and distinct
offenses.
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.
Any person who fails to secure the required
clearance/permit shall also be punished as a fence.
CHAPTER FOUR: USURPATION
ART. 312 OCCUPATION OF REAL
PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY
ACTS PUNISHABLE
(1) Taking possession of any real property belonging to
another by means of violence against or intimidation
of persons
(2) Usurping any real rights in property belonging to
another by means of violence against or intimidation
of persons
ELEMENTS
a. That the offender takes possession of any real
property or usurps any real right in property;
b. That the real property or real rights belong to
another;
c. That violence against or intimidation of persons is
used by the offender in occupying real property or
usurping real property or usurping real rights in
property;
d. That there is intent to gain.
If no violence or intimidation, only civil liability exists.
Violence or intimidation must be the means used in
occupying real property or in usurping real rights.
Criminal action for usurpation of real property is not a bar
to civil action for forcible entry.
ART. 313 ALTERING BOUNDARIES OR
LANDMARKS
ELEMENTS
a. That there be boundaries marks or monuments of
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Criminal Law
towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same;
b. That the offender alters said boundaries marks
“Alter” may include:
(1) destruction of stone monument;
(2) taking it to another place; or
(3) removing a fence
This does not require intent to gain.
CHAPTER FIVE: CULPABLE INSOLVENCY
ART. 314 FRAUDULENT INSOLVENCY
ELEMENTS
a. That the offender is a debtor;
b. That he absconds with his property;
c. That there be prejudice to his creditors.
Actual prejudice, not intention alone, is required.
Abscond does not require that the debtor should depart
and physically conceal his property.
CHAPTER SIX: SWINDLING AND OTHER
DECEITS
ART. 315. SWINDLING (ESTAFA)
ELEMENTS IN GENERAL
a. That the accused defrauded another by abuse of
confidence, or by means of deceit;
b. That damage or prejudice capable of pecuniary
estimation is caused to the offended party or
third persons
I. ESTAFA WITH UNFAITHFULNESS OR ABUSE OF
CONFIDENCE
Elements of Art. 315, No. 1 A
(A) ALTERING SUBSTANCE, QUANTITY OR QUALITY
OF OBJECT SUBJECT OF OBLIGATION TO DELIVER
a. That the offender has an onerous obligation to
deliver something of value;
b. That he alters its substance, quantity or quality;
c. That damage or prejudice is caused to another.
NOTE: Deceit is not an essential element of estafa with
abuse of confidence.
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Estafa may even arise even if the thing delivered is not Offender is a private Offender is a public officer
subject of lawful commerce, such as opium. individual or public who has custody or
officer not accountable control of the public funds
Elements of 315, No. 1 B for public funds or or property by reason of
(B) MISAPPROPRIATION AND CONVERSION property his office for which he was
a. That money, goods, or other personal property accountable
be received by the offender in trust, or on Committed by Committed by taking,
commission, or for administration, or under any misappropriating, misappropriating,
other obligation involving the duty to make converting, or denying consenting or thru
delivery of, or to return, the same; having received money abandonment or
b. That there be misappropriation or conversion of or other personal negligence, permitting
such money or property by the offender, or property other persons to take the
denial on his part of such receipt; public funds or property
c. That such misappropriation or conversion or
denial is to the prejudice of another; 3 WAYS OF COMMITTING ESTAFA WITH ABUSE OF
d. That there is demand made by the offended party CONFIDENCE UNDER ART. 315 NO. 1 PAR. B
to the offender. (1) Misappropriating the thing received.
(2) Converting the thing received.
NOTE: Money, goods, or other personal property must (3) Denying that the thing was received.
be received by the offender under certain kinds of
transaction transferring juridical possession to him. There is no estafa through negligence.

Check is included in the word money. Element of 315, No. 1 C

(C) Taking advantage of signature in blank
JURIDICAL POSSESSION a. That the paper with the signature of the
offended party be in blank;
A possession which gives the transferee a right over the b. That the offended party should have delivered it
thing which he may invoke even as against the owner. to the offender;
When the delivery of a chattel does not transfer juridical c. That above the signature of the offended party a
possession/title, it is presumed that the possession/title document is written by the offender without
of the thing remained with the owner. authority to do so;
d. That the document so written creates a liability
The phrase “or under any obligation involving the duty to of, or causes damage to the offended party or any
make delivery of, or to return the same” includes quasi- third person.
contracts and certain contracts of bailment. The obligation
to return the thing must be contractual but without II. ESTAFA BY MEANS OF DECEIT
transferring to the accused the ownership of the thing.
ELEMENTS OF 315, NO. 2
ESTAFA WITH ABUSE THEFT (ART. 308) a. That there must be false pretense, fraudulent act
OF CONFIDENCE (ART. or fraudulent means;
315, NO. 1(B)) b. That such false pretense, fraudulent act or
There must be juridical Only physical/material fraudulent means must be made or executed
possession of a thing possession of a thing prior to or simultaneously with the commission
misappropriated misappropriated of fraud;
Offender receives the Offender takes the thing c. That the offended party must have relied on the
thing from the victim from the victim false pretense, fraudulent act, or fraudulent
means, that is, he was induced to part with his
ESTAFA WITH ABUSE MALVERSATION (ART. money or property because of it;
OF CONFIDENCE (ART. 217) d. That as a result thereof, the offended party
315, NO. 1(B)) suffered damage.
Funds or property Funds or property
The acts must be fraudulent. Acts must be founded on
involved are private involved are usually public
deceit, trick, or cheat, and such must be made prior to
or simultaneously with the commission of the fraud.

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ELEMENTS OF 315, NO. 2 (A): USING OF FICTITIOUS
NAME OR FALSE PRETENSES
a. By using a fictitious name;
b. By falsely pretending to possess power,
influence, qualifications, property, credit,
agency, business or imaginary transactions;
c. By means of other similar deceits.
The false statement or fraudulent representation of
the accused must be made prior to, or, at least
simultaneously with the representation or the delivery
of the thing by the complainant.
HOW TO COMMIT 315, NO. 2 (B):
By altering the quality, fineness or weight of anything
pertaining to his business.
HOW TO COMMIT 315, NO. 2 (C):
By pretending to have bribed any Government employee.
Person would ask money from another for the alleged
purpose of bribing a government employee but just
pocketed the money.
ELEMENTS OF 315, NO. 2 (D): POSTDATING A CHECK OR
ISSUING A BOUNCING CHECK
(1) That the offender postdated a check, or issued a
check in payment of an obligation;
(2) That such postdating or issuing a check was
done when the offender had no funds in the
bank, or his funds deposited therein were not
sufficient to cover the amount of the check.
BOUNCING CHECKS LAW (BP 22)
TWO OFFENSES PUNISHED:
(1) Making or drawing and issuing a check knowing at the
time of issue that he does not have sufficient funds.
ELEMENTS
A. That a person draws a check;
B. That the check is made or drawn and issued to
apply on account or for value;
C. That the person knows that at the time of issue
he does not have sufficient funds in or credit
with the drawee bank for the payment of such
check upon its presentment;
D. That the check is subsequently dishonored by
the drawee bank for the insufficiency of funds or
would have been dishonored for the same reason
had not the drawer, without any valid reason
ordered the bank to stop payment.
(2) Failing to keep sufficient funds to cover check if
presented within a period of 90 days from the date
appearing thereon.
ELEMENTS:
A. That a person has sufficient funds with the
drawee bank when he makes or issues a check;
B. That he fails to keep sufficient funds or to
maintain a credit to cover the full amount if
presented within a period of 90 days from the
date appearing thereon;
C. That the check is dishonored.
Prosecution under BP 22 shall be without prejudice to any
liability for any violation in the RPC.

Check must be genuine and not falsified. The fine under BP 22 is based on the amount of the check
and is without regard to the amount of damaged caused.
The check must be postdated or for an obligation
contracted at the time of the issuance and delivery of the BP 22 AND ESTAFA (ART 315, NO. 2(D)) DISTINGUISHED
check and not for a pre-existing obligation. BP 22 RPC (Estafa)
Endorsers who acted with
Exceptions: Endorsers are not deceit knowing that the
(1) When postdated checks are issued and intended liable. check is worthless will be
by the parties only as promissory notes; or criminally liable.
(2) When the check is issued by a guarantor Malum prohibitum. Malum in se.
It is the means to obtain the
Republic Act No. 4885 (RA 4885) which amended par. D, Issuance of check is for valuable consideration from
Section 2 of Article 315, provided that the failure of the value or on account. the payee (debt is not pre-
drawer to deposit the amount needed to cover his check existing).
within 3 days from receipt of notice from the bank and/or A crime against public
the payee or holder that said check has been dishonored interest because it
for lack or insufficiency of funds shall be prima facie A crime against property.
affects the entire
evidence of deceit constituting false pretense or banking system.
fraudulent act. Deceit and damage are False pretenses or deceit
not elements of the and damage or at least
crime; the gravamen of intent to cause damage are
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the offense is the essential and the false (3) That the offender had intent to defraud another.
issuance of the check. pretenses must be prior to
or simultaneous with the
If there is no malicious intent to defraud, the destruction
damage caused.
of court record is malicious mischief.
The drawer is given 5
days after receiving
If there is neither deceit nor abuse of confidence, it is not
notice of dishonor Given 3 days after receiving
estafa, even if there is damage. There is only civil liability.
within which to pay or notice of dishonor.
make arrangements for
Estafa (Art. 315, no .3(C)) and Removal, concealment or
payments.
destruction of documents (Art. 226), distinguished
That there are no funds or
That there are no
no sufficient funds at the
funds or there are Estafa Infidelity in Custody of
time of issuance or at the
insufficient funds at (Art 315, no.3 C) Document (Art 226)
time of presentment if made
the time of issuance. The offender is a private The offender is a public
within 90 days.
individual who is not officer who is officially
Double jeopardy does not apply because estafa in RPC is a officially entrusted with entrusted with the
distinct crime from B.P. 22. Deceit and damage are the documents. document.
essential elements of RPC, which are not required in BP 22.
RA 10951 amended ART. 315
HOW TO COMMIT 315, NO. 2 (E): (1) The penalty of prisión correccional in its
(1) By obtaining food, refreshment or accommodation at maximum period to prisión mayor in its
any establishment without paying therefor, with minimum period, if the amount of the fraud is
intent to defraud the proprietor or manager thereof; over ₱2,400,000 but does not exceed
(2) By obtaining credit at any establishments by the use ₱4,400,000, and if such amount exceeds the
of any false pretense; latter sum, the penalty of prisión correccional in
(3) By abandoning or surreptitiously removing any part its maximum period, adding one year for each
of his baggage from any establishment after obtaining additional ₱2,000,000; but the total penalty
credit, food, refreshment or accommodation therein, which may be imposed shall not exceed 20 years.
without paying. In such cases, and in connection with the
accessory penalties which may be imposed and
III. ESTAFA BY FRAUDULENT MEANS for the purpose of the other provisions of the
Code, the penalty shall be termed prisión mayor
Elements of 315, No. 3 (A): Inducing another through or reclusion temporal, as the case may be.
(2) The penalty of prisión correccional in ßits
deceit to sign any document
minimum and medium periods, if the amount of
(1) That the offender induced the offended party to
the fraud is over ₱1,200,000 but does not exceed
sign a document;
₱2,400,000.
(2) The deceit be employed to make him sign the
(3) The penalty of arresto mayor in its maximum
document;
period to prisión correccional in its minimum
(3) That the offended party personally signed the
period, if such amount is over ₱40,000 but does
document;
not exceed ₱1,200,000.
(4) That prejudice be caused.
(4) By arresto mayor in its medium and maximum
periods, if such amount does not exceed
How to commit 315, No. 3 (B):
₱40,000.
By resorting to some fraudulent practice to insure success
in a gambling game.
In cases of false pretenses or fraudulent acts as defined in
No. 2(D), the following penalty shall be followed:
Elements of 315, No. 3 (C): removing, concealing or
(1) The penalty of reclusion temporal in its
destroying any court record, office files, document or any
maximum period, if the amount of fraud is over
other papers ₱4,400,000 but does not exceed ₱8,800,000. If
(1) That there be court record, office files, the amount exceeds the latter, the penalty shall
documents or any other papers; be reclusion perpetua.
(2) That the offender removed, concealed or (2) The penalty of reclusion temporal in its
destroyed any of it; minimum and medium periods, if the amount of
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the fraud is over ₱2,400,000 but does not exceed NOTE: Actual proof of deceit or misrepresentation is not
₱4,400,000. essential, it is sufficient that the offender takes advantage
(3) The penalty of prisión mayor in its maximum of the inexperience or emotions of the minor.
period, if the amount of the fraud is over
₱1,200,000 but does not exceed ₱2,400,000.
Real property is not included because it is not included in
(4) The penalty of prisión mayor in its medium
the enumeration and a minor cannot convey real property
period, if such amount is over ₱40,000 but does
without judicial authority.
not exceed ₱1,200,000.
(5) By prisión mayor in its minimum period, if such
amount does not exceed ₱40,000. ART. 318. OTHER DECEITS

ART. 316. OTHER FORMS OF SWINDLING HOW COMMITTED

(1) By defrauding or damaging another by any other

PERSONS LIABLE
deceit not mentioned in the preceding articles;
(2) By interpreting dreams, by making forecasts, by
(1) Any person who, pretending to be the owner of any
telling fortunes, by taking advantage of the credulity
real property, shall convey, sell, encumber or
of the public in any other similar manner, for profit or
mortgage the same;
gain.
(2) Any person who, knowing that real property is
encumbered, shall dispose of the same, although such
encumbrance be not recorded; CHAPTER SEVEN: CHATTEL MORTGAGE
(3) The owner of any personal property who shall
wrongfully take it from its lawful possessor, to the
prejudice of the latter or any third person;
ART. 319. REMOVAL, SALE OR PLEDGE OF
(4) Any person who, to the prejudice of another, shall MORTGAGED PROPERTY
execute any fictitious contract;
(5) Any person who shall accept any compensation given ELEMENTS PAR 1
under the belief that it was in payment of services a. Personal property mortgaged under Chattel
rendered or labor performed by him, when in fact he Mortgage Law;
did not actually perfrom such services or labor; b. Offender knows such mortgage;
(6) Any person who, while being a surety in a bond given c. He removes personal property to any province
in criminal or civil action, without express authority or city other than the one in which it was located
from the court or before the cancellation of his bond at the time of the execution of the mortgage;
or before being relieved from the obligation d. Removal is permanent;
contracted by him, shall sell, mortgage, or, in any e. No written consent of mortgagee, executers,
other manner, encumber the real property or administrators or assigns to such removal.
properties with which he guaranteed the fulfillment
of such obligation. PURPOSE: To protect the mortgagee who should have
access to, and easy reach of the property mortgaged.
ART. 317. SWINDLING A MINOR
ELEMENTS PAR 2:
a. Personal property pledged under Chattel
ELEMENTS
Mortgage Law;
b. Offender, who is the mortgagor, sells or pledges
a. That the offender takes advantage of the
the same property or any part thereof;
inexperience or emotions or feelings of a minor;
c. No consent of mortgagee written at the back of
b. That he induces such minor to assume an
mortgage and noted on the record thereof in the
obligation, or to give release, or to execute a
Office of the Register of Deeds;
transfer of any property right;
d. Damage to the mortgagee not essential
c. That the consideration is some loan of money,
credit, or other personal property;
d. That the transaction is to the detriment of such
minor.

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CHAPTER EIGHT: ARSON AND OTHER SPECIAL AGGRAVATING CIRCUMSTANCES IN ARSON

CRIMES INVOLVING DESTRUCTIONS

(1) If committed with intent to gain;
* ARTICLES 320 TO 326-B ARE REPEALED BY PD NO. 1613
(2) If committed for the benefit of another;
(AMENDING THE LAW ON ARSON)
(3) If the offender be motivated by spite or hatred
towards the owner or occupant of the property
ARSON
burned;
When any person burns or sets fire to the property of
(4) If committed by a syndicate.
another; or to his own property under circumstances
which expose to danger the life or property of another.
• The offense is committed by a syndicate if it is
planned or carried out by a group of three or more
KINDS OF ARSON
persons.
• If a part of a building is burning, the crime is already
(1) Simple Arson (Sec. 1, PD No. 1613)
consummated arson, without regard to the extent of
(2) Destructive Arson (Art. 320, as amended by RA No.
the fire.
7659)
• When there is fire, the crime committed is either
(3) Other cases of arson (Sec. 3, PD No. 1613)
frustrated or consummated arson, never attempted.
Fire is not necessary in attempted arson.
DESTRUCTIVE ARSON
• Mere conspiracy to commit arson is punishable.

(1) Any ammunition factory and other establishment

DESTRUCTIVE ARSON VS. SIMPLE ARSON
where explosives, inflammable or combustible
The acts committed under Art. 320 of The Revised Penal
materials are stored;
Code constituting Destructive Arson are characterized as
(2) Any archive, museum, whether public or private, or
heinous crimes "for being grievous, odious and hateful
any edifice devoted to culture, education or social
offenses and which, by reason of their inherent or manifest
services;
wickedness, viciousness, atrocity and perversity are
(3) Any train, airplane or any aircraft, vessel or
repugnant and outrageous to the common standards and
watercraft, or conveyance for transportation of
norms of decency and morality in a just, civilized and
persons or property;
ordered society."
(4) Any church or place of worship or other building
where people usually assemble;
On the other hand, acts committed under PD 1613
(5) Any building where evidence is kept for use in any
constituting Simple Arson are crimes with a lesser degree
legislative, judicial, administrative or other official
of perversity and viciousness that the law punishes with a
proceeding;
lesser penalty. In other words, Simple Arson contemplates
(6) Any hospital, hotel, dormitory, lodging house, housing
crimes with less significant social, economic, political and
tenement, shopping center, public or private market,
national security implications than Destructive Arson.
theater or movie house or any similar place or
(Buebos v. People)
building;
(7) Any building, whether used as dwelling or not,
situated in a populated or congested area. MALICIOUS MISCHIEF
The willful damaging of the property of another for the
OTHER CASES OF ARSON purpose of causing damage due to hate, revenge or the
other evil motive.
(1) Any building used as offices of the Government or any
of its agencies;
CHAPTER NINE: MALICIOUS MISCHIEF
(2) Any inhabited house or dwelling;
(3) Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel; ART. 327. WHO ARE LIABLE FOR
(4) Any plantation, farm, pasture land, growing crop or MALICIOUS MISCHIEF
grain field, orchard, bamboo grove or forest;
(5) Any rice mill, sugar mill, or mill central;
ELEMENTS
(6) Any railway or bus station, airport, wharf, or
warehouse.
a. That the offender deliberately caused damage to
the property of another;

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b. That such act does not constitute arson or other
crimes involving destruction;
c. That the act of damaging another’s property be
committed merely for the sake of damaging it.
ART. 331. DESTROYING OR DAMAGING
STATUTES, PUBLIC MONUMENTS, OR
PAINTINGS

If malice is not present, the obligation to repair or to pay is PERSONS LIABLE

only civil.
(1) Any person who shall destroy or damage statues or
ART. 328. SPECIAL CASES OF any other useful or ornamental public monuments;
(2) Any person who shall destroy or damage any useful or
MALICIOUS MISCHIEF ornamental painting of a public nature.

HOW COMMITTED
The penalty is lower if the thing destroyed is a public
(1) Causing damage to or obstructing the performance of painting, rather than a public monument.
public functions;
(2) Using poisonous or corrosive substances; CHAPTER TEN: EXEMPTION FROM
(3) Spreading any infection or contagion among cattle;
CRIMINAL LIABILITY IN CRIMES
(4) Causing damage to the property of the National
Museum or National Library, or to any archive or AGAINST PROPERTY
registry, waterworks, road, promenade, or any other
thing used in common by the public. ART. 332. PERSONS EXEMPT FROM
CRIMINAL LIABILITY
Qualified Malicious Mischief or special cases of malicious
mischief specify the purposes as well as the object of
destruction. CRIMES INVOLVED
(1) Theft
(2) Swindling (estafa)
ART. 329. OTHER MISCHIEFS
(3) Malicious Mischief

Mischief not included in the next preceding article.

Punished according to the value of the damage caused. PERSONS EXEMPTED

If the amount involved cannot be estimated, the penalty of (1) Spouses, ascendants and descendants, or relatives by
arresto menor or fine not exceeding P200 is fixed by law. affinity on the same line;
(2) The widowed spouse with respect to the property
which belonged to the deceased spouse before the
ART. 330. DAMAGE AND OBSTRUCTION
same shall have passed to the possession of another;
TO MEANS OF COMMUNICATION (3) Brothers and sisters and brother-in-law and sister-
in-law, if living together.
PERSON LIABLE

The law recognizes the presumed co-ownership of the

Any person who shall damage any railway, telegraph or
property between the offender and the offended party.
telephone line.
There is no criminal liability, only civil.

QUALIFYING CIRCUMSTANCE
The article applies to a step-parents, adopted parents,
natural children, common-law spouses, concubine and
The offense is qualified if the damage shall result in the
paramour.
derailment of cars, collision or other accident.

The exemption established by this article shall not be

applicable to strangers participating in the commission of
the crime.

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CRIMES AGAINST CHASTITY
Chapter One: Adultery and Concubinage
Art. 333. Who are guilty of adultery
Art. 334. Concubinage
Chapter Two: Rape And Acts Of Lasciviousness
For the paramour to be guilty of adultery, he must have the
knowledge of the married status of the offender woman.
Nonetheless, a paramour who is a married man, even if he
does not know that the woman is married, may be still held
liable for concubinage.

Art. 335. When and how rape is committed

Direct proof of carnal knowledge is not necessary.
Art. 336. Acts of lasciviousness
Chapter Three: Seduction, Corruption of Minors Circumstantial evidence is sufficient. (i.e. love letters
And White Slave Trade signed by the paramour, photos showing intimate
relations, testimony of witnesses).
Art. 337. Qualified seduction
Art. 338. Simple seduction
Art. 339. Acts of lasciviousness with the consent of the Each sexual intercourse constitutes a crime of adultery,
offended party being an INSTANTANEOUS crime. Hence, it is not a
Art. 340. Corruption of minors CONTINUING offense.
Art. 341. White slave trade
Chapter Four: Abduction EFFECT OF PARDON
Art. 342. Forcible abduction
Art. 343. Consented abduction
(1) The pardon must come before the institution of the
Chapter Five: Provisions Relative To The
Preceding Chapters Of Title Eleven criminal prosecution; and
Art. 344. Prosecution of the crimes of adultery, (2) Both the offenders must be pardoned by the
concubinage, seduction, abduction, rape and acts of offended party. Act of sexual intercourse subsequent
lasciviousness. to adulterous conduct is considered as an implied
Art. 345. Civil liability of persons guilty of crimes pardon.
against chastity. (3) Pardon of the offenders by the offended party is a bar
Art. 346. Liability of ascendants, guardians, teachers, or
to prosecution for adultery or concubinage.
other persons entrusted with the custody of the
offended party. (4) Delay in the filing of complaint, if satisfactorily
explained, does not indicate pardon.

CHAPTER 1: ADULTERY AND

EFFECT OF CONSENT
CONCUBINAGE
The husband, knowing that his wife, after serving sentence
ART. 333. WHO ARE GUILTY OF for adultery, resumed living with her co-defendant, did
ADULTERY nothing to interfere with their relations or to assert his
rights as husband. The second charge of adultery should
ELEMENTS be dismissed because of consent. (People v. Sensano)

a. That a woman is married; AGREEMENT TO SEPARATE

b. That she has sexual intercourse with a man not her
husband; May be used as evidence to show consent by the husband
c. That as regards to the man with whom she has to the infidelity of his wife.
sexual intercourse, he must know her to be
married. EFFECT OF DEATH OF PARAMOUR

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
of his own.
The essence of adultery: violation of the marital vow.
A woman must be LEGALLY married with the offended
husband at the time of the filling of the complaint, even if
the marriage be subsequently declared void.
Lasallian Commission on Bar Operations
Offending wife may still be prosecuted. The requirement
that both offenders should be included in the complaint is
absolute only when the two offenders are alive.
EFFECT OF DEATH OF THE OFFENDED PARTY
The proceedings may continue. Art. 353 seeks to protect
the honor and reputation not only of the living but dead
persons as well.
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Express Pardon – applies to concubinage as well.
ART. 344 (PROSECUTION OF CRIMES
AGAINST CHASTITY)
REQUIRES
a. That the pardon must come before the institution
of the criminal prosecution;
b. That the offended party must pardon both the
offenders.
Q; Is there implied pardon?
A; YES.. This happens when an offended husband have sex
with his unfaithful wife subsequent to the adulterous act
of the latter.
NOTE: The pardon by the husband only extinguishes the
adulterous act committed by the wife before such pardon
has been actually given. Therefore, it has no effect on those
adulterous acts committed by the wife subsequent to such
pardon.
OTHERS:
• Abandonment of the wife by the husband without
justification is only a mitigating circumstance.
• Under the law, there is no accomplice in adultery,
although there can be in fact.
• Delay in the filing of complaint, if satisfactorily
explained, does not indicate pardon.
• A husband who gives consent to his adulterous
wife is barred from instituting a complaint of
adultery.
• Agreement to separate may also be considered as
CONSENT.
ART. 334. CONCUBINAGE
ELEMENTS
a. That the man must be married;
b. That he committed any of the following acts
(three ways of committing concubinage):
i. Keeping a mistress in the conjugal
dwelling;
ii. Having sexual intercourse under
scandalous circumstances with a woman
who is not his wife;
iii. Cohabiting with her in any other place;
c. As regards to the woman, she must know him to
be married.
Lasallian Commission on Bar Operations
Criminal Law
It is the same as adultery which is a violation of marital
vows. However, the infidelity of the husband does not
bring into the family spurious offspring because it is only a
man who can impugn the paternity and filiation of a child.
In the 3rd way of committing the crime: mere
cohabitation is sufficient; Proof of scandalous
circumstances not necessary.
The concubine becomes liable only when she has
knowledge that the man who she is having sexual
intercourse with is married prior to the actual commission
of the crime.
A married man is not liable for concubinage for mere
sexual relations with a woman not his wife if he has not
committed any of the three acts specified in Art. 334.
A married man who is not liable for adultery because he
did not know that the woman was married may be held
liable for concubinage. On the other hand, if the woman
knows that the man is married, she may be held liable for
concubinage as well.
It is necessary that the woman is taken by the accused into
the conjugal dwelling.
“MISTRESS” A woman who is taken by the accused into
the conjugal dwelling with the intention of treating such
woman as a concubine.
“CONJUGAL DWELLING” Home of the husband and wife
even if the wife happens to be temporarily absent on any
account. It must be constructed from the proceeds of the
sale of their conjugal properties.
The fact that the wife never had a chance to reside therein
and that the husband used it with his mistress instead,
does not detract from its nature. (Peoeple v. Codrova)
“COHABIT” To dwell together, in the manner of husband
and wife, for some period of time (i.e. a week, a month, year
or longer)
“SCANDAL” Consists in any way reprehensible word or
deed that offends public conscience, redounds to the
detriment of the feelings of honest persons, and gives
occasion to the neighbors’ spiritual damage or ruin.
(People v. Santos)
Qualifying expression: Sexual act which may be proved by
circumstantial evidence.
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SCANDAL PRODUCED BY THE CONCUBINAGE OF THE Motive of lascivious acts is not important because the
OFFENDER HUSBAND essence of lewdness is in the very act itself.

(1) A husband who is living with a woman not his Example: embarrassing, kissing and holdings girl’s breast
wife in the same room; is act of lasciviousness but in some cases, touching of
(2) Both are seen in the public together; breast of a woman is considered unjust vexation only.
(3) They perform acts in the sight of the community
which give rise to criticism and general protest The existence or absence of lewd design is determined
among the neighbors. from the nature of the acts and the environmental
circumstances.
OTHERS:
• Offense is not a single act of adultery. Each Kissing and embracing when prompted by lust or lewd
sexual intercourse produces adulterous acts. design are acts of lasciviousness.
• Adultery is more severely punished than
No attempted or frustrated crime of acts of lasciviousness.
concubinage because adultery makes possible
the introduction of another man’s blood into the
family so that the offended husband may have If the victim is a child below 18 years of age is exploited
another man’s son bearing his (husband’s) name in prostitution or subjected to other sexual abuse, the
and receiving support from him. applicable law is RA No. 7610 (An Act for Stronger
• No concubinage in a case where a married man Deterrence and Special Protection against Child Abuse,
is surprised in the act of sexual intercourse with Exploitation and Discrimination, and for other purposes)
another woman (not his wife) in a hotel.
Acts of Lasciviousness Grave Coercion
CHAPTER 2: RAPE AND ACTS OF Compulsion or force is Compulsion or force is the
included in the very act constituting the
LASCIVIOUSNESS
constructive element of offense of grave coercion.
force.
ART. 335. RAPE Must be accompanied by Moral compulsion
acts of lasciviousness or amounting to intimidation
Repealed by RA 8353 (Anti-Rape Law of 1997). New lewdness. is sufficient.
provisions on Rape are found in Article 226-A to 266-D
under Crimes Against Person Acts of Lasciviousness Attempted rape
The manner of
ART. 336. ACTS OF LASCIVIOUSNESS committing the crime is
the same (intimidation,
ELEMENTS fraudulent machinations.
Offended party is a
a. That the offender commits any act of lasciviousness person of either sex.
of lewdness. No intent to have carnal The acts performed by the
b. That the act of lasciviousness is committed against a knowledge of the offender clearly indicate
person of either sex. offended woman. that his purpose was to lie
c. That it is done under any of the following with the offended woman.
circumstances: The lascivious acts are but
i. By using force or intimidation; or the preparatory acts to the
ii. When the offended party is deprived of commission of rape.
reason or otherwise unconscious;
iii. By means of fraudulent machination or grave Offenses against
abuse of authority; Abuses against Chastity
Chastity
iv. When the offended party is under 12 years of Committed by a Committed by a public
age or is demented. private individual, in officer only.
most cases.
“LEWD” Obscene, lustful, indecent, lecherous. It signifies
the form of immorality which has relation to moral
impurity; or that which is carried on a wanton manner.
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Some act of Mere immoral or indecent If there is no sexual intercourse and only acts of lewdness
lasciviousness should proposal made earnestly and are performed, it is act of lasciviousness.
have been executed. persistently is sufficient.
The accused charged with rape cannot be convicted of
Q: A was found guilty under Special Protection of qualified seduction under the same information.
Children against Abuse, Exploitation and Discriminatory
Act by the RTC. A appealed before the CA on the ground OFFENDERS IN QUALIFIED SEDUCTION
that he is innocent. CA found A guilty of Acts of
Lasciviousness. Instead of further appealing the case, A (1) Those who abused their authority
filed before the CA a manifestation with motion to allow a. Person in public authority
him to apply for probation upon remand of the case to b. Guardian
the RTC. Will the application for probation prosper? c. Teacher
(2) Person, who in any capacity, is entrusted with the
A: No. The Probation Law prohibits an appeal from the
education or custody of the woman seduced
judgment of conviction, which involves a review of the
merits of the case and the determination of whether the
accused is entitled to acquittal. It is apparent that A THOSE WHO ABUSED CONFIDENCE REPOSED
anchored his appeal on a claim of innocence and/or lack IN THEM
of sufficient evidence to support his conviction of the
offense charged support his conviction of the offense (1) Priest.
charged, which is clearly inconsistent with the tenor of the (2) House Servant
Probation Law. ( Dimakuta vs. People) (3) Domestic

ART. 337. QUALIFIED SEDUCTION THOSE WHO ABUSED THEIR RELATIONSHIP

1. Brother who seduced his sister.

TWO CLASSES OF QUALIFIED SEDUCTION
2. Ascendant who seduced his descendant.

(1) Seduction of a virgin over 12 years and under 18

“DOMESTIC” Person usually living under the same roof,
years of age by persons who abuse their authority
pertaining to the same house.
or the confidence reposed.
Elements:
Deceit is not an element of qualified seduction. It is
a. Offended party is a virgin, which is presumed
replaced by abuse of confidence.
if she is unmarried and of good reputation;
b. She is over 12 and under 18 yrs. of age; (13-17
The fact the girl gave consent to the sexual intercourse is
years 11 months 29 days)
not a defense.
c. Offender has sexual intercourse with her;
d. There is abuse of authority, confidence, or
relationship on the part of the offender.
ART. 338. SIMPLE SEDUCTION

(2) Seduction of a sister by her brother or descendant ELEMENTS

by her ascendant, regardless of her age and
reputation. (Age, reputation and virginity is a. That the offended party is over 12 and under 18
years of age;
irrelevant. The relationship may not be legitimate.)
b. That she must be of good reputation, single or
Elements:
widow;
a. Offended party need not be a virgin or she
c. That the offender has sexual intercourse with her;
may be over 18 years old;
d. That is was committed by means of deceit.
b. Offender has sexual intercourse with her;
c. Offender is her brother or ascendant by
Purpose of the law: to punish the seducer who by means
consanguinity, whether legitimate or
of promise of marriage, destroys the chastity of an
illegitimate.
unmarried female of previous chaste character.

Virgin – a woman of chaste character and of good

Virginity of offended party is not required but there must
reputation. She need not be physically a virgin.
be sexual intercourse.

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Male or female may be the Only female can be the

Deceit generally takes the form of unfulfilled promise of
marriage.
Promise of marriage must be the inducement and the
woman must yield because of the promise or other
inducement.
Promise of marriage after sexual intercourse does not
constitute deceit. Promise of marriage by a man is not a
deceit, if the woman knew him to be married.
Without sexual intercourse but only acts of lewdness, the
crime is acts of lasciviousness.
offended party offended party.
ART. 340. CORRUPTION OF MINORS
The article no longer requires habitually or abuse of
authority or confidence unlike under the original
provision. Thus, Batas Pambansa Blg. 92 provides a more
severe penalty in view of wide-spread prostitution of
minors in our country.
What the law punishes is the act of a pimp who facilitates
corruption of the minor and not the performance of
unchaste acts.

Seduction is not a continuing offense because a woman

Age of Victim – Article 402 of the Civil Code provides that
cannot lose her virginity twice.
“Majority commences upon the attainment of the age of 21
years of age”.
ART. 339. ACTS OF LASCIVIOUSNESS
The offended party must be of good reputation, not a
WITH THE CONSENT OF THE
prostitute or corrupted person.
OFFENDED PARTY
See: Child Prostitution and Attempt to Commit Child
ELEMENTS PROSTITUTION (RA NO. 7610):
Section 5 states that when a child indulges in sexual
a. That the offender commits acts of lasciviousness intercourse or lascivious conduct in consideration of
or lewdness; money, profit or due to coercion or influence of any adult
b. That the acts are committed upon a woman who is or group, the child is already deemed exploited in
a virgin or a widow of good reputation, under 18 prostitution and other sexual abuse.
years of age but over 12 years, or a sister or
descendant regardless of her reputation or age;
c. That the offender accomplishes the acts by abuse ART. 341. WHITE SLAVE TRADE
of authority, confidence, relationship or deceit.
PROHIBITED ACTS
The offended party may have consented to the acts of
lasciviousness being performed on her persons but the (1) Engaging in the business of prostitution;
consent is obtained by abuse of authority, confidence, (2) Profiting by prostitution;
relationship or deceit. (3) Enlisting the services of women for the purpose
of prostitution.
The penalty when the victim is under 12 years of age is one
(1) degree higher than that imposed by law. (Sec. 10 of R. A. The mere enlisting of the services of women for the
7610) purpose of prostitution whether the offender profits or
not is punishable.
Art. 336 – Acts of Art. 339 – Acts of
Lasciviousness Lasciviousness with Habituality is not a necessary element of white slave trade.
consent
Acts are committed under Committed under the ‘Under any pretext’ one who engaged the services of a
circumstances which, had circumstances which, woman allegedly as a maid, but in reality, for prostitution,
there been carnal had there been carnal is guilty under this article.
knowledge, would amount knowledge, would
to rape. amount to either Offender need not be the owner of the house.
qualified seduction or
simple seduction. Maintainer or manager of house of ill-repute need not be
present therein at the time of raid or arrest.

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Attempted rape is absorbed by forcible abduction as the

CHAPTER FOUR: ABDUCTION former constitutes the element of lewd design. There is no
complex crime of forcible abduction with attempted rape.

ART. 342. FORCIBLE ABDUCTION

Nature of the crime: the act of the offender is violative of
the individual liberty of the abducted, her honor and
ELEMENTS
reputation, and public order.

a. That the person abducted is a woman;

Forcible Abduction Grave Coercion
b. That the abduction is against her will;
There is violence or
c. That the abduction is with lewd design.
intimidation by the
offender
"ABDUCTION” The taking away of a woman for the
The offended party is
purpose of taking her to another place with intent to marry
compelled to do
or to corrupt her.
something against her will
Abduction is No lewd design, provided
CRIMES AGAINST CHASTITY WHERE AGE AND
characterized by lewd that there is deprivation
REPUTATION ARE IMMATERIAL
design of liberty for an
appreciable length of time
(1) Acts of lasciviousness against the will or without
the consent of the offended party
Forcible Abduction Corruption of Minors
(2) Qualified seduction of sister or descendant
Purpose is to affect his Purpose is to lend the
(3) Forcible abduction
lewd designs on the victim to illicit
victim intercourse with others
Conviction of acts of lasciviousness is not a bar to
conviction of forcible abduction.
Forcible Abduction Serious Illegal Detention
Age and reputation of the victim are immaterial. There is violence or There is deprivation of
intimidation by the liberty and no lewd
The taking must be against the victim’s will. offender designs

The taking away of the woman may be accomplished by Forcible Abduction with Kidnapping with Rape
means of deceit first and then by means of violence and Rape
intimidation. Purpose is to affect his Purpose is to lend the
lewd designs on the victim to illicit
If the female abducted is under 12 years of age, the crime victim intercourse with others
is forcible abduction, even if she voluntarily goes with her Crime against chastity Crime against liberty
abductor.
Forcible abduction with Rape: a complex crime under Art.
When the victim was abducted by the accused without 48, and not a special complex crime
lewd designs, but for the purpose of lending her to illicit
intercourse with others, the crime is not abduction but There can only be one complex crime of forcible abduction
corruption of minors. with rape.

Rape may absorb forcible abduction, if the main objective ART. 343. CONSENTED ABDUCTION
was to rape the victim.
ELEMENTS
Sexual intercourse is not necessary in forcible abduction.
Lewd designs may be shown by the conduct of the
a. That the offended party must be a virgin;
accused. When there are several defendants, it is enough
b. That she must be over 12 and under 18 years of age;
that one of them had lewd designs. Husband is not liable
c. That the taking away of the offended party must be
for abduction of his wife, as lewd design is wanting.
with her consent, after solicitation or cajolery from
the offender;

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Green Notes 2019
d. That the taking away of the offended party must be
with lewd designs.
Purpose of the law - Not to punish the wrong done to the
girl because she consents to it, but to prescribe
punishment for the disgrace to her family and the alarm
caused by the disappearance of one who is, by her age and
sex, susceptible to cajolery and deceit.
If the virgin is under 12 or is deprived of reason, the crime
is forcible abduction because such is incapable of giving a
valid consent.
The taking away of the girl need not be with some
character of permanence. Offended party need not be
taken from her house.
When there was no solicitation or cajolery and no deceit
and the girl voluntarily went with the man, there is no
crime committed even if they had sexual intercourse
If a girl is under 12, always FORCIBLE ABDUCTION.
CRIMES AGAINST CHASTITY WHERE AGE AND
REPUTATION OF THE VICTIM ARE IMMATERIAL
(1) Acts of lasciviousness against the will of the
offended party; or against a sister or descendant;
(2) Qualified seduction of sister or descendant;
(3) Forcible abduction
Q: When is there forcible abduction only, or rape only?
A: If there was abduction but the resistance of the woman
to the alleged rape was not tenacious (not easily stopped:
firm or strong), so can easily be stopped, the accused
would be guilty only of abduction (People v. Lopez, C.A., 41
O.G. 1310). It is Rape if the main objective was to have
carnal knowledge the victim taking into consideration the
facts (People v. Toledo, 83 Phil. 777).
Q: Can there be Forcible Abduction with Multiple counts
of rape?
A: There can only be one (1) complex crime of forcible
abduction with rape. The crime of forcible abduction was
only necessary for the FIRST RAPE. Thus, the subsequent
acts of rape can no longer be considered as separate
complex crimes of forcible abduction with rape. They
should be detached from and considered independently of
forcible abduction. Therefore, accused should be
convicted of ONE COMPLEX CRIME of forcible abduction
with rape and three separate acts of rape (People v. Garcia,
et. al., G.R. No.: 41125).
Lasallian Commission on Bar Operations
Criminal Law
Q: The accused, who previously made an attempt upon
the chastity of the offended girl, tried to take her away in
carriage, while she was standing at the door of her house.
The accused did not succeed in taking away of the girl
because of the girl’s resistance and because of the
intervention of a policeman. What crime was committed?
A: The offense was attempted abduction. The lewd designs
were indicated by the holding of the girl around her waist
and by the attempt of the accused upon the chastity of the
girl (US v. Luna).
ART. 344. PROSECUTION OF THE CRIMES
OF ADULTERY, CONCUBINAGE,
SEDUCTION, ABDUCTION, RAPE AND
ACTS OF LASCIVIOUSNESS
Nature of the complaint: The complaint must be filed in
court, not with the fiscal. In case of complex crimes, where
one of the component offenses is a public crime, the
criminal prosecution may be instituted by the fiscal.
The court motu propio can dismiss the case for failure of
the aggrieved party to file the proper complaint even if the
accused never raised the question on appeal.
Crimes against chastity cannot be prosecuted de oficio.
PROSECUTION OF THE CRIMES OF ADULTERY AND
CONCUBINAGE
Who may file: both crimes must be prosecuted upon
complaint signed by the offended spouse. Both the
offender and the paramour/mistress must be included in
the complaint even if one of them is not guilty.
Prosecution of seduction, abduction and acts of
lasciviousness must be prosecuted upon the complaint
signed by -
1. Offended party – when the offended party is a
minor, her parents may file the complaint
2. Parents, grandparents or guardian in that order
• When the offended party is of age and is in
complete possession of her mental and physical
faculties, she alone can file the complaint.
• When the offended is a minor or incapacitated
and refuses to file the complaint, any of the
persons mentioned can file.
The term “guardian” refers to legal guardian. He must be
legally appointed by the Court.
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The State may also file the complaint as parens patriae (2) To acknowledge the offspring, unless the law
when the offended party dies or becomes incapacitated should prevent him from doing so.
before she could file the complaint and has no known (3) In every case, to support the offspring.
parents, grandparents or guardians.

ART. 346. LIABILITY OF ASCENDANTS,

CONSENT AND PARDON IN ADULTERY AND
CONCUBINAGE GUARDIANS, TEACHERS, OR OTHER
Consent or pardon may be express or implied. It bars the PERSONS ENTRUSTED WITH THE
offended party from filing a complaint. However, CUSTODY OF THE OFFENDED PARTY
condonation or forgiveness of one act of adultery or
concubinage is not a bar to prosecution of similar acts that
(1) Person who cooperate as accomplices but are
may be committed by the offender in the future.
punished as principals:
a. Ascendants,
PARDON IN SEDUCTION, ABDUCTION, OR ACTS OF b. Guardians,
LASCIVIOUSNESS c. Curators,
Express pardon of the offender is required to bar d. Teachers,
prosecution. e. Any person, who cooperates as
accomplice with abuse of authority or
Condonation is not pardon in concubinage or adultery confidential relationship.
because any subsequent act of the offender showing that (2) The teachers or persons entrusted with education
there was no repentance will not bar the prosecution of and guidance of the youth shall also be penalized
the offense. with disqualification
Pardon by the offended party who is a minor must have the (3) Any person falling within the terms of this article,
concurrence of parents, except when the offended party and any other person guilty of corruption of
has no parents. minors for the benefit of another, shall be punished
by special disqualification from filing the office of
Offended party cannot institute criminal proceedings if guardian.
the offender has been EXPRESSLY pardoned by the
offended party, or her parents, grandparents or guardian.

Pardon by the parent, grandparent, or guardian must be

accompanied by the express pardon of the offended
woman.

The right to file action of the parents, grandparents and

guardian shall be EXCLUSIVE of other persons and shall be
exercised successively in the order provided.

General rule: Marriage of the offender with the offended

party benefits the co-principals, accomplices and
accessories.

Exception: In rape
Because it is already a crime against person; marriage
obliterates criminal liability as to the husband only.

ART. 345. CIVIL LIABILITY OF PERSONS

GUILTY OF CRIMES AGAINST CHASTITY

PERSONS WHO ARE GUILTY OF RAPE, SEDUCTION, OR

ABDUCTION SHALL ALSO BE SENTENCED

(1) To indemnify the offended woman.

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CRIMES AGAINST THE CIVIL STATUS
OF PERSONS
CHAPTER ONE: Simulation of Births and
Usurpation of Civil Status
Art. 347. Simulation of births, substitution of one child
for another and concealment or abandonment of a
legitimate child
Art. 348. Usurpation of civil status
CHAPTER TWO: Illegal Marriages
Art. 349. Bigamy
Art. 350. Marriage contracted against provisions of
laws
Art. 351. Premature marriages
Art. 352. Performance of illegal marriage ceremony
CHAPTER ONE: SIMULATION OF BIRTHS
AND USURPATION OF CIVIL STATUS
ART. 347. SIMULATION OF BIRTHS,
SUBSTITUTION OF ONE CHILD FOR
ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD
The object of the crime under this article is the creation of
false or the causing of the loss of civil status.
ACTS PUNISHABLE
(1) Simulation of birth.
(2) Substitution of one child for another.
(3) Concealing or abandoning any legitimate child
with intent to cause such child to lose its civil
status.
The unlawful sale of a child by his father is not a crime
under this article.
“Abandon” as used in Art. 347: the practice of abandoning
newly born infants and very young child at the door of
hospitals and churches.
A physician or surgeon or public officer, who cooperates
in the execution of these crimes, is also liable if he acts in
violation of the duties of his profession or office.
ART. 348. USURPATION OF CIVIL STATUS
Usurping the civil status of another is committed by
assuming the filiations or the parental or conjugal rights of
another with intent to enjoy the rights arising from the
civil status of the latter.
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Crime is qualified if the purpose is to defraud offended
parties and heirs.
There must be intent to enjoy the rights arising from the
civil status of another.
ART. 349. BIGAMY
ELEMENTS
a. That the offender is legally married.
b. That the marriage has not been dissolved or, in
case the spouse is absent, the absent spouse could
not yet be presumed dead according to the Civil
Code.
c. That he contracts a second marriage or
subsequent marriage.
d. That the second or subsequent marriage has all the
essential requisites for validity.
The offender must be legally married at the time of the
commission of the crime. The subsequent declaration of
the first marriage’s nullity or its being void shall not bar the
filing of a complaint against the second marriage for being
bigamous.
In case, one of the spouses is absent and the other
contracts a subsequent marriage, the latter may be held
liable for the crime of bigamy. To avoid any criminal
liability, the surviving spouse must first secure a judicial
declaration of the presumptive death of the absent spouse
before he can legally get married.
Good faith is not a defense in bigamy.
When a marriage between a Filipino citizen and a foreigner
is validly celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse capacitating him or
her to remarry, the Filipino spouse shall likewise have
capacity to remarry under Philippine law. (Art. 26, par.2,
Family Code)
The second spouse who knew of the first marriage is an
accomplice, as well as the person who vouched for the
capacity of either of the contracting parties.
Failure to exercise due diligence to ascertain the
whereabouts of the first wife is bigamy through reckless
imprudence.
One convicted of bigamy may also be prosecuted for
concubinage as both are distinct offenses. The first is an
offense against civil status, which may be prosecuted at
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the instance of the state; the second is an offense against ART. 351. PREMATURE MARRIAGES
chastity and may be prosecuted only at the instance of the
offended party. The second spouse is not necessarily liable
PERSONS LIABLE
for bigamy.

(1) A widow who married within 301 days from the

Bigamy is not a private crime.
date of the death of her husband, or before
having delivered if she is pregnant at the time of
Q: H, a married man, contacted a second marriage. His
his death is liable under this article.
first wife came to know of the second marriage and filed (2) A woman whose marriage having been annulled
a case for bigamy against H and the second wife. If you or dissolved, married before delivery or before
are the judge, how would you rule? expiration of the period of 301 days after the date
A: Only H is guilty of Bigamy. He contracted a second of legal separation.
marriage despite the existence of his first marriage.
The Supreme Court considered the reason behind making
The second wife cannot be guilty of Bigamy because she such marriages within 301 days criminal, that is, because
was only married once. If she knew that H was married, of the probability that there might be a confusion
then the knowledge of the second wife of the fact of her regarding the paternity of the child who would be born.
spouse's existing prior marriage constitutes an
indispensable cooperation in the commission of bigamy, Period may be disregarded if the first husband was
which makes her responsible as an accomplice. (Santiago impotent or sterile.
v. People, GR No. 200233, 2015) If she did not know, then
she would not be criminally liable.
ART. 352. PERFORMANCE OF ILLEGAL
MARRIAGE CEREMONY
CHAPTER TWO: ILLEGAL MARRIAGES
Persons liable: Priests or a minister of any religious
ART. 350. MARRIAGE CONTRACTED denomination or sect, or civil authorities who shall
perform or authorize any legal marriage ceremony is liable.
AGAINST PROVISIONS OF LAWS
Q: Differentiate Bigamy from Illegal Marriage.
ELEMENTS A:
Bigamy Illegal Marriage
a. That the offender contracted marriage. Elements: Elements:
b. That he knew at the time that - 1. That the offender has 1. That the offender
i. the requirements of the law were not been legally married; contracted marriage;
2. That the marriage has 2. That he entered into said
complied with; or
not been legally dissolved contract with knowledge
ii. The marriage was in disregard of a legal or in case his/her spouse is that the requirements of
impediment. absent, the absent spouse the law have not been
could not yet be presumed complied with or that the
Bigamy is a form of illegal marriage. dead according to the Civil marriage is in disregard of a
Code; legal impediment; and
Illegal marriage includes also such other marriages which 3. That he contracts a 3. That the act of the
second or subsequent offender does not
are performed without complying with the requirements
marriage; and constitute bigamy under
of the law, or marriages where the consent of the other is 4. That the second or Article 349 (People v.
vitiated or such marriage which was solemnized by one subsequent marriage has all Salazar);
who is not authorized to solemnize the same. the essential requisites for
validity.
Conviction of a violation of Art. 350 involves a crime of
moral turpitude. Q: Are Premature Marriages still criminalized?
A: No. it has been repealed. It is no longer a crime when a
widower marries within 301 days from the date of the
QUALIFYING CIRCUMSTANCE
husband’s death, or before having delivered a baby, if
pregnant at the time. (RA 10655)
If either of the contracting parties obtains the consent of
the other by means of violence, intimidation or fraud.

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CRIMES AGAINST HONOR WHO IT CAN BE COMMITTED AGAINST: A natural or

juridical person or one who is dead.
CHAPTER ONE: Libel
Section 1: Definitions, forms, and punishment of this TEST OF DEFAMATORY CHARACTER OF THE WORDS
crime USED: Words used are construed in their entirety and
Art. 353. Definition of libel taken in their plain, natural and ordinary meaning as they
Art. 354. Requirement for publicity
would naturally be understood by persons reading them,
Art. 355. Libel means by writings or similar means
Art. 356. Threatening to publish and offer to present unless it appears that they were used and understood in
such publication for a compensation another sense.
Art. 357. Prohibited publication of acts referred to in the
course of official proceedings The meaning of the writer is immaterial. It is not the intent
Art. 358. Slander of the writer or the speaker which the actionable quality of
Art. 359. Slander by deed
the words is to be determined, but the meaning of the
Section 2: General provisions
words in fact conveyed on the minds of persons of
Art. 360. Persons responsible
reasonable understanding.
Art. 361. Proof of the truth
Art. 362. Libelous remarks
CHAPTER TWO: Incriminatory Machinations TWO TYPES OF MALICE:
Art. 363. Incriminating innocent person (1) Malice in Fact
Art. 364. Intriguing against honor ● Shown by proof of ill-will, hatred, or purpose
to injure; also known as express malice.
CHAPTER ONE: LIBEL (2) Malice in Law
● Presumed from defamatory imputation; proof
is not required because it is presumed to exist
SECTION 1: DEFINITIONS, FORMS, AND from the defamatory imputation.
PUNISHMENT OF THIS CRIME
When the communication is privileged, malice is not
ART. 353. DEFINITION OF LIBEL presumed from the defamatory words.

Defamatory remarks directed at group of persons is not

ELEMENTS
actionable unless the statements are all embracing or
sufficiently specific for the victim to be identifiable.
a. That there must be an imputation of a crime, or a
vice or defect, real or imaginary, or any act,
Libel publication in different parts may be taken together
omission, condition, status or circumstance;
to establish the identification of the offended party.
b. That the imputation must be made publicly;
c. That it must be malicious;
An imputation will be sufficient if it tends to cause –
d. That the imputation must be directed at a natural
A. The dishonor,
person or a juridical person, or one who is dead;
B. Discredit, or
e. That the imputation must tend to cause the
C. Contempt of a natural or juridical person, or
dishonor, discredit, or contempt of the person
D. To blacken the memory of one who is dead.
defamed.

In order to maintain a libel suit, it is essential that the

NOTE: There must be a defamatory imputation
THE IMPUTATION MAY COVER
(1) Crime allegedly committed by the offended party;
(2) Vice or defect, real or imaginary, of the offended
party;
(3) Any act, omission, condition, status of, or
circumstances relating to the offended party.
RATIONALE: The enjoyment of a private reputation is a
constitutional right.
victim be identifiable although it is not necessary that he
be named. It must be shown that at least a third person
could identify him as the object of the libelous publication
(Borjal v. CA, 1999).
If the utterance is made but once against a family of
lawyers, designated by their common surname, not
separately mentioned, there is only one offense.
Q: Who are the persons liable for libel?
A:
(1) The person who publishes, exhibits or causes the

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Green Notes 2019
publication or exhibition of any defamation in writing
or similar means;
(2) The author or editor of a book or pamphlet;
(3) The editor or business manager of a daily newspaper,
magazine or serial publication;
(4) The owner of the printing plant which publishes a
libelous article with his consent and all other persons
who in any way participate in or have connection with
its publication.
Q: Who shall be liable for defamation under the Revised
Penal Code?
A: Not only is the person who published, exhibited or
caused the publication or exhibition of any defamation in
writing shall be responsible for the same, all other persons
who participated in its publication are liable, including the
editor or business manager of a daily newspaper, magazine
or serial publication, who shall be equally responsible for
the defamations contained therein to the same extent as if
he were the author thereof. The liability which attaches to
petitioners is, thus, statutory in nature. (Bautista vs.
Cuneta-Pangilinan, 2012)
Q: When may “truth” be a defense in libel case?
A: Under Article 361 of the Revised Penal Code, if the
defamatory statement is made against a public official with
respect to the discharge of his official duties and functions
and the truth of the allegation is shown, the accused will
be entitled to an acquittal even though he does not prove
that the imputation was published with good motives and
for justifiable ends. (Vasquez vs. Court of Appeals, 314 SCRA
460, G.R. No. 118971 September 15, 1999)
The test is the “reckless disregard” test and Tulfo failed to
meet the test. In this test, what is important is to
determine whether the defamatory statement was made
with actual malice, that is, with knowledge that it was false
or with reckless disregard of whether it was false or not.
The trial court found that Tulfo had in fact written and
published the subject articles with reckless disregard of
whether the same were false or not. There was the finding
that Tulfo failed to verify the information on which he
based his writings, and that the defense presented no
evidence to show that the accusations against Atty. So
were true. Tulfo cannot argue that because he did not
know Atty. So personally there was no malice attendant in
his articles (Tulfo v. People)
ART. 354. REQUIREMENT OF PUBLICITY
Malice in law. Every defamatory imputation is presumed to
be malicious, even if it be true, if no good intention or
justifiable motive is shown
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It is not necessary that the libelous article must be
published; communication of the defamatory matter to
some third persons is sufficient.
THE PRESUMPTION IS REBUTTED IF IT IS SHOWN BY
THE ACCUSED THAT
(1) The defamatory imputation is true, in case the law
allows proof of the truth of the imputation.
(2) It is published with good intention.
(3) There is justifiable motive for making it.
MALICE IS NOT PRESUMED
(1) Private communication made by any person to
another in the performance of any legal, moral or
social duty.
(2) A fair and true report of any judicial, legislative, or
other proceedings which are not of confidential
nature.
(3) Any statement, report or speech delivered in said
proceedings, or of any other act performed by public
officers in the exercise of their functions.
KINDS OF PRIVILEGED COMMUNICATIONS
(1) Absolute
It is not actionable, even if its author has acted in bad
faith. It is limited to legislative and judicial
proceedings and other acts of state, including the
communications made in the discharge of a duty
under express authority of law, by or to heads of
executive departments of the state, and matters
involving military affairs.
Absolute privileged communication also includes:
a. Allegations or statements made by the parties
or their counsel in their pleadings or motions
or during the hearing of judicial proceedings;
b. Answers given by witnesses in reply to
questions propounded to them, in the course
of said proceedings, provided that said
allegations or statements are relevant to the
issues, and the answers are responsive or
pertinent to the questions propounded to said
witnesses (Alcantara v. Ponce).
(2) Conditional or qualified
Although containing defamatory imputations, it
would not be actionable unless made with malice or
bad faith.
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REQUISITES OF PRIVILEGED COMMUNICATION
UNDER ART 354, PAR 1
a. That the person who made the communication
had a legal, moral or social duty to make the
communication, or, at least, he had an interest to
be upheld;
b. That the communication is addressed to an
officer or a board, or superior, having some
interest or duty in the matter;
c. That the statements in the communication are
med in good faith without malice (in fact).
Unnecessary publicity destroys good faith.
The privileged character simply does away with the
presumption of malice. It does not mean that it is not
actionable.
TO OVERCOME THE DEFENSE OF PRIVILEGED
COMMUNICATION UNDER ART 354, PAR 1
(1) Show that the defendant acted with malice in fact, or;
(2) There is no reasonable ground for believing the
charge to be true.
FAIR AND TRUE REPORT OF OFFICIAL PROCEEDINGS
UNDER ART 354, PAR 2.
Conditions for it to be considered privileged:
(1) That is fair and true report of a judicial, legislative, or
other official proceedings which are not of
confidential nature, or of a statement, report or
speech delivered in said proceedings, or of any other
act performed by a public officer in the exercise of his
functions;
(2) It is made in good faith without any comments or
remarks.
The defense of privileged communication will be rejected
if it can be proven that the defendant acted with malice in
fact or if there is no reasonable ground for believing that
charge to be true.
DOCTRINE OF FAIR COMMENT
While in general, every discreditable imputation publicly
made is deemed false, it is not necessarily actionable. To
be actionable, it must either be a false allegation of fact or
a comment based on a false supposition. If the comment is
an expression of opinion, based on established facts, then
it is immaterial that the opinion happens to be mistaken,
as long as it might reasonably have inferred from the facts.
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Q: Is a communication made out legal, moral, or social
duty, when it was published and circulated among the
public, covered by qualified or conditional privileged
communication?
A: No, communication made out of legal, moral, or social
duty, when it was published and circulated among the
public, is not covered by qualified or conditional privileged
communication.
MULTIPLE PUBLICATION RULE IN LIBEL
A single defamatory statement, if published several times,
gives rise to as many offenses as there are publications. For
purposes of Art. 360 of RPC, as amended, every time the
same written matter is communicated such
communication is considered a distinct and separate
publication of libel (Soriano v. IAC).
The law requires that for a defamatory imputation made
out of a legal, moral or social duty to be privileged, such
statement must be communicated only to the person or
persons who have some interest or duty in the matter
alleged, and who have the power to furnish the protection
sought by the author of the statement. Thus, a written
letter containing libelous matter cannot be classified as
privileged when it is published and circulated among the
public. (Buatis, Jr. v. People)
Republic Act No. 10175 or the Cybercrime Prevention Act
of 2012 is the first law in the Philippines which specifically
criminalizes computer crime with the purpose to address
legal issues concerning internet in the Philippines; and to
prevent misuse, abuse and illegal access of the internet.
SEC. 4 - CYBERCRIME OFFENSES
Offenses against the confidentiality, integrity and
availability of computer data and systems, include, among
others:
(1) Illegal Access, Illegal Interception, Data
Interference, System Interference, Misuse of
Devices, Cyber-Squatting;
(2) Computer-related Offenses;
(3) Forgery, Fraud, Identity Theft;
(4) Content-related Offenses;
(5) Cybersex, Child Pornography (an offense under
R.A. no. 9779),
(6) Unsolicited Commercial Communications.
SEC. 6. All crimes defined and penalized by the Revised
Penal Code, as amended, and special laws, if committed by,
through and with the use of information and
communications technologies shall be covered by the
relevant provisions of this Act.
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Q: May a person who liked or commented a Facebook post
be liable for libel under Cybercrime Prevention Act of
2012?
A: As distinguished from libel punishable under RPC, it
should be noted that the person who may be held
criminally liable for “cyber libel” is only the author of the
defamatory imputation, not those who may have “liked” or
“commented” on or even shared a post. (Disini Jr. et al. vs.
The Secretary of Justice)
ART. 355. LIBEL BY MEANS OF WRITINGS
OR SIMILAR MEANS
COMMITTED BY MEANS OF
(1) Writing;
(2) Printing;
(3) Lithography;
(4) Engraving;
(5) Radio;
(6) Phonograph;
(7) Painting;
(8) Theatrical exhibition;
(9) Cinematographic exhibitions or;
(10) Similar means.
Defamation made in television program is libel. While
television is not expressly mentioned among the means
specified in law, it easily qualifies under the general
provision “or any similar means”.
Defamation through amplifier is not libel, but oral
defamation (People v. Santiago).
A civil action for damages may be filed simultaneously or
separately with the criminal action.
Art 355 provides for the penalty for libel. Nonetheless, fine
is the preferred penalty in libel cases.
ADMINISTRATIVE CIRCULAR NO. 08-2008 (SUBJECT:
GUIDELINES IN THE OBSERVANCE OF A RULE OF
PREFERENCE IN THE IMPOSITION OF PENALTIES IN
LIBEL CASES)
Article 355 of the Revised Penal Code penalizes libel with
prision correctional in its minimum and medium periods
or fine ranging from 200 to 6,000 pesos, or both, in
addition to the civil action which may be brought by the
offended party.
This Administrative Circular does not remove
imprisonment as an alternative penalty for the crime libel
under Article 355 of the Revised Penal Code;
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The Judges concerned may, in the exercise of sound
discretion, and taking into consideration the peculiar
circumstances of each case, determine whether the
imposition of a fine alone would best serve the interests of
justice or whether forbearing to impose imprisonment
would depreciate the seriousness of the offense, work
violence on the social order, or otherwise be contrary to
the imperative of justice;
Should only a fine be imposed and the accused be unable
to pay the fine, there is no legal obstacle to the application
of the Revised Penal Code provision on subsidiary
imprisonment.
ART. 356. THREATENING TO PUNISH AND
OFFER TO PRESENT SUCH PUBLICATION
FOR A COMPENSATION
PROHIBITED ACTS:
(1) Threatening another to publish a libel
concerning him, or his parents, spouse, child or
other members of the family.
(2) Offering to prevent the publication of such libel
for compensation or money consideration
Felonies where blackmail is possible:
(a) Light threats (Article 283)
(b) Threatening to publish, or offering to prevent
the publication of, a libel for compensation (Art.
356)
BLACKMAIL
Any unlawful extortion of money by threats of accusation
or exposure. Two words are expressive of the crime—hash
money. (U.S. v. Eguia, et al., 38 Phil 857)
ART. 357. PROHIBITED PUBLICATION OF
ACTS REFERRED TO IN THE COURSE OF
OFFICIAL PROCEEDINGS
ELEMENTS
a. The offender is a reporter, editor or manager of
a newspaper, daily or magazine.
b. He publishes facts connected with the private
life of another.
c. Such facts are offensive to the honor, virtue and
reputation of said person.
The prohibition applies even though said publication be
made in connection with or under the pretext that it is
necessary in the narration of any judicial or administrative
proceedings wherein such facts have been mentioned.
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“GAG LAW”
The provisions of Article 357 is what so-called the “Gag
Law”.
Newspaper reports on cases pertaining to adultery,
divorce, issues about the legitimacy of children, etc., will
necessarily be barred from publication.
This article requires two things to constitute a violation of
the prohibition:
(1) That the article published contains facts
connected with the private life of an individual;
and
(2) That such fact is offensive to the honor, virtue
and reputation of said person.
Source of news report may not be revealed unless the
court or a House or Committee of Congress finds that such
revelation is demanded by the security of the State.
ART. 358. SLANDER
SLANDER
Oral defamation; Libel committed by oral (spoken) means,
instead of in writing; the speaking of base and defamatory
words which tend to prejudice another in his reputation,
office, trade, business or means of livelihood. (Villanueva v.
People)
KINDS OF SLANDER:
(1) Simple slander;
(2) Grave slander, when it is of a serious and insulting
nature.
FACTORS THAT DETERMINE THE GRAVITY OF
ORAL DEFAMATION
1. Expressions used
2. On the personal relations of the accused and the
offended party.
3. Circumstances surrounding the case. (People v.
Jaring)
4. Social standing and the position of the offended
party. (People v. Boiser)
5. The slander need not be heard by the offended
party. (People v. Clarin; People v Atencio)
ELEMENTS
a. There must be an imputation of a crime, or a vice
or defect, real or imaginary, or any act, omission,
condition, status or circumstances;
b. Imputation must be made publicly;
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c. Imputation must be malicious;
d. Imputation must be directed at a natural or
juridical person, or one who is already dead;
e. Imputation must tend to cause the dishonor,
discredit or contempt of the person defamed.
(People v. Maratas)
The imputation must be verbally made or orally uttered.
The slanderous remarks need not to be heard by the
offended party as long as they are uttered in the presence
of a third person.
ART. 359. SLANDER BY DEED
SLANDER BY DEED
A crime against honor which is committed by performing
any acts which cast, dishonor, discredit, or contempt upon
another person.
ELEMENTS
a. That the offender performs any act not included in
any other crime against honor;
b. That such act is performed in the presence of other
persons;
c. That such act cast dishonor, discredit, or contempt
upon the offended party.
KINDS OF SLANDER BY DEED
(1) Simple slander by deed;
(2) Grave slander by deed.
Slander by deed refers to performance of an act, not use of
words. Common element of slander by deed and unjust
vexation is irritation or annoyance. Without any other
concurring factor, it is only unjust vexation.
If the purpose is to shame or humiliate, Slander by deed.
If with lewd designs and circumstances provided in art
335, the crime would be acts of lasciviousness. (People v.
Motita)
The nature and effects of the maltreatment determine the
crime committed.
If the offended party suffered from shame or humiliation
cause by the maltreatment, it is slander by deed.
Whether a certain slanderous act constitutes slander by
deed of a serious nature or not, depends on the social
standing of the offended party, the circumstances under
which the act was committed, the occasion, etc.
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Retraction may mitigate the damages. It should contain an

admission of the falsity of the libelous publication and
SECTION 2: GENERAL PROVISIONS
evince a desire to repair the wrong occasioned thereby.

ART. 360. PERSONS RESPONSIBLE The publication of the article was an honest mistake is not
a complete defense but serves only to mitigate damages
PERSONS LIABLE where the article is libelous per se.

(1) Any person who shall publish, exhibit or cause the ART. 362. LIBELOUS REMARKS
publication or exhibit of any defamation in writing or
by similar means; Libelous remarks or comments connected with the matter
(2) The author, editor of the book or pamphlet; privileged under the provisions of Article 354, if made with
(3) The editor or business manager of newspaper or malice, shall not exempt the author thereof nor the editor
magazine, responsible to the same extent as if he or managing editor of a newspaper from criminal liability.
were the author;
(4) Owner of the printing plant which publishes the
libelous article and all persons who in any way CHAPTER TWO: INCRIMINATORY
participated in or have connection with its MACHINATIONS
publication;

ART. 363. INCRIMINATING INNOCENT

Liability of the editor is the same as that of the author.
PERSON
ART. 361. PROOF OF TRUTH ELEMENTS

WHEN PROOF OF TRUTH IS ADMISSIBLE a. That the offender performs an act;

(1) When the act or omission imputed constitutes a
crime regardless whether the offended party is a
private individual or a public officer.
(2) When the offended party is a government employee,
even if the imputation does not constitute a crime,
provided it is related to the discharge of his official
duties.
b. That by such act he directly incriminates or
imputes to an innocent person the commission of
a crime;
c. That such act does not constitute perjury.
Limited to acts of planting evidence and the like, which do
not in themselves constitute false prosecution but tend
directly to cause false prosecution. (People v. Rivera)

REQUISITES OF DEFENSE IN DEFAMATION One who falsely accuses another of a crime may be held
liable either for liber or for perjury, depending upon the
a. If it appears that the matters charged as libelous is manner or form in which the act is committed. (Lu Chu
true; Sing and Lu Tian Chiong v. Lu Tiong Gui)
b. It was published with good motives;
c. If it is for a justifiable end; INCRIMINATING PERJURY BY MAKING
d. If the act or omission constituting a crime; and INNOCENT PERSONS FALSE ACCUSATION
e. If the act or omission of a public officer which, Limited to the acts of Giving of false statement
although not constituting a crime, is related to the planting evidence and the under oath or making a
discharge of his duties. like in order to incriminate false affidavit, imputing
an innocent person. to the person the
Good motives and justifiable ends constitute a defense commission of a crime.
insofar as they negative malice. There is no libel if there is It is committed by It is committed when the
no malice. performing an act by which imputation was falsely
the offender directly made before an office.
Proof of truth is not enough. It is also required that the incriminates or imputes to
matter charged as libelous was published with good an innocent person the
motives and for justifiable ends. commission of a crime.

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Defendant borrows the Defendant passes the

INCRIMINATING
MACHINATIONS
Offender does not avail
himself of written or spoken
word in besmirching the
victim’s reputation.
Imputation made by the
offender need not be public
and malicious.
Imputation made by offender
need not be made to cause
the dishonor, discredit or
contempt of the aggrieved
party.
derogatory information, derogatory information to
DEFAMATION
without subscribing to another for the purpose
Offender avails himself the truth, passes it to of causing dishonor to
of written or spoken another. reputation.
word in besmirching
the victim’s reputation. QUASI-OFFENSES
Imputation made by
the offender must be
public and malicious. CRIMINAL NEGLIGENCE
Imputation made by
offender must be made ART. 365. IMPRUDENCE AND
to cause the dishonor, NEGLIGENCE
discredit or contempt
of the aggrieved party.
FOUR WAYS OF COMMITTING QUASI-OFFENSES

ART. 364. INTRIGUING AGAINST HONOR
HOW IT IS COMMITTED
It is committed by any person who shall make any intrigue
which has for its principal purpose to blemish the honor or
reputation of another.
INTRIGUING AGAINST HONOR
Any scheme or plot by means which consist of some
trickery. It is akin to slander by deed, in that the offender
does not avail directly of written or spoken words, pictures
or caricatures to ridicule his victim but of some ingenious,
crafty and secret plot, producing the same effect.
(1) By committing through reckless imprudence any act
which, had it been intentional, would constitute a
grave or less grave felony or light felony;
(2) By committing through simple imprudence or
negligence an act which would otherwise constitute a
grave or less serious felony;
(3) By causing damage to the property of another
through reckless imprudence or simple imprudence
or negligence;
(4) By causing through simple imprudence or negligence
some wrong which, if done maliciously, would have
constituted a light felony.
Imprudence or negligence is not a crime in itself. It is
simply a way of committing a crime.

INCRIMINATING AN INTRIGUING AGAINST IMPRUDENCE NEGLIGENCE

INNOCENT PERSON
Offender performs an act
by which he directly
incriminates or imputes an
innocent person the
commission of a crime.
Intriguing Against Honor
Source of derogatory
statements cannot be
determined.
Consists of some tricky and
secret plot.
Passes such utterances
without subscribing to the
truth of the remarks.
Intriguing Against
Honor
Source is not known.
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HONOR
Offender resorts to an
intrigue for the purpose
of blemishing the honor
or reputation of another
person.
Defamation
Source is known.
Committed in a public
and malicious manner.
The remarks made are
claimed to be true.
Slander
Source is known.
They are not crimes. They
merely determine a lower
degree of criminal
liability. They are means
of committing a crime.
Deficiency of action. Deficiency of perception.
Failure in precaution. Failure in advertence
To avoid wrongful acts: To avoid wrongful acts:
one must take the paying proper attention
necessary precaution and using due diligence in
once they are foreseen. foreseeing them.
RECKLESS IMPRUDENCE
Consists in voluntarily, but without malice, doing or failing
to do an act from which material damage results nu reason
of inexcusable lack of precaution on the part of the person
performing or failing to perform such act, taking into
consideration his employment or occupation, degree of
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Green Notes 2019 Criminal Law

intelligence, physical condition and other circumstances

regarding person, time and place.

SIMPLE IMPRUDENCE RECKLESS IMPRUDENCE FORCE MAJEURE

Immediate personal harm or Event which cannot
Consists in the lack of precaution displayed in those cases damage to property or be foreseen, or which
in which the damage impending to be caused is not persons is preventable by the being foreseen is
immediate nor the damage clearly manifest. exercise of reasonable care. inevitable.
Defendant failed to use Extraordinary
ELEMENTS OF RECKLESS IMPRUDENCE reasonable care to prevent circumstance
injury. independent of the
a. That the offender does or fails to do an act; will of the actor.
b. That the doing of or the failure to do that act is
voluntary; • Reckless imprudence consists in doing or failing
c. That it be without malice; to do an act.
d. That material damage results; • The doing of the act or the failure to do the act
e. That there be inexcusable lack of precaution on the must be voluntary.
part of the person performing or failing to perform • There must be injury to person or damage to
such act taking into consideration. property as a consequence of reckless or simple
imprudence.
*Degree of intelligence, physical condition.
DEFENSE OF CONTRIBUTORY NEGLIGENCE
The profession of pharmacy demands care and skill; and
druggist must exercise care of especially high degree, the
Defense of contributory negligence is not applicable to
highest degree of care known to practical men, so that
criminal cases through reckless imprudence. One cannot
human life may not constantly be exposed to the danger
allege the negligence of another to evade the effects of his
flowing from the substitution of deadly poisons for
own negligence.
harmless medicine. (People v. Castillo, et al., 42 O.G. 1914).
ELEMENTS OF SIMPLE IMPRUDENCE
Art. 64, relative to mitigating and aggravating
circumstances, is not applicable to crimes committed
a. That there is lack of precaution on the part of the
through negligence.
offender.
b. That the damage impending to be caused is not
Facts: A motorist who was travelling at a speed of 15-20
immediate nor the danger clearly manifest.
kph was overtaking another vehicle when he suddenly
collided with a 60-year old woman. As a result, the old
THE PENALTIES PROVIDED FOR IN ARTICLE 356
woman died.
ARE NOT APPLICABLE WHEN

Held: Although the motorist was within the speed limit, he

(1) The penalty provided for the offense is equal to or
is still guilty of reckless imprudence for not observing due
lower than those provided in the first two paragraph
care. The court had taken into consideration the
of Article 365.
surrounding circumstances of persons, time and place. At
(2) By imprudence or negligence, and with violation of
the time of the accident, it was dizzling and the road was
the Automobile Law, the death of a person shall be
slippery. (People v. Azaola, C.A., 47 O.G. 2458)
caused.

TEST OF NEGLIGENCE
Qualifying circumstance: when the offender fails to lend
help to the injured parties.
Would a prudent man, in the position of the person to
whom negligence is attributed, foresee harm to the person
Q: Differentiate reckless impudence from simple
injured as a reasonable consequence of the course about
imprudence.
to be pursued?
A: Reckless imprudence consists in voluntary, but without
malice, doing or failing to do an act from which material
damage results by reason of inexcusable lack of precaution

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on the part of the person performing or failing to perform

such act, taking into consideration his employment or
occupation, degree of intelligence, physical condition and
other circumstances regarding persons, time and place.

On the other hand, simple imprudence consists in the lack

of precaution displayed in those cases in which the damage
impending to be caused is not immediate nor the danger
clearly manifest. (Art. 365, RPC)

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ANTI-ARSON LAW (PD 1613, AS

AMENDED BY PD 1744)

ARSON; PUNISHABLE ACTS

(1) burning or setting fire to the property of another

(2) setting fire to own property under circumstances
which expose to danger the life or propery of
another (Sec. 1, PD 1613)

DESTRUCTIVE ARSON

Where the property is burned with:

(1) Any ammunition factory and other establishment
where explosives, inflammable or combustible
materials are stored;
(2) Any archive, museum, whether public or private, or

SPECIAL PENAL any edifice devoted to culture, education or social

services;

LAWS
(3) Any church or place of worship or other building
where people usually assemble;
(4) Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property;
(5) Any building where evidence is kept for use in any
legislative, judicial, administrative or other official
proceedings;
(6) Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or
private market, theater or movie house or any
similar place or building;
(7) Any building, whether used as a dwelling or not,
situated in a populated or congested area. (Sec. 2,
PD 1613)

OTHER CASES OF ARSON

Where the property burned is:

(1) Any building used as offices of the government or
any of its agencies;
(2) Any inhabited house or dwelling;
(3) Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel;
(4) Any plantation, farm, pastureland, growing crop,
grain field, orchard, bamboo grove or forest;
(5) Any rice mill, sugar mill, cane mill or mill central;
(6) Any railway or bus station, airport, wharf or
warehouse. (Sec. 3, PD 1613)

SPECIAL AGGRAVATING CIRCUMSTANCES

(1) If committed with intent to gain;

(2) If committed for the benefit of another;

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(3) If the offender is motivated by spite or hatred

Crimes with a lesser Heinous crimes for being
towards the owner or occupant of the property
degree of perversity and grievous, odious and hateful.
burned;
viciousness that the law There is an inherent or
(4) If committed by a syndicate (planned or carried out
punishes with a lesser manifest wickedness,
by a group of 3 or more persons)
penalty viciousness, atrocity and
perversity
NOTE: The penalty shall be imposed in its maximum
period. (Sec. 4, PD 1613) Contemplates crime with Contemplates crime with a
a lesser significant social, great significant social,
Q: What crime is committed when both death and economic, political, and economic, political, and
burning occur? natural security natural security
A: It depends. The main objective of the accused is to be implications. implications.
examined.
(1) If the main objective is the burning of the building or Acts falling under Simple Arson may nevertheless be
edifice, but death results by reason or on the converted into Destructive Arson depending on the
occasion of arson, the crime is simply arson, and the qualifying circumstances present. (People vs. Macabando)
resulting homicide is absorbed.
(2) If, on the other hand, the main objective is to kill a
particular person who may be in a building or edifice,
ANTI-CHILD PORNOGRAPHY LAW
when fire is resorted to as the means to accomplish
such goal the crime committed is murder only. (R.A. NO. 9775)
(3) Lastly, if the objective is, likewise, to kill a particular
person, and in fact the offender has already done so, CHILD
but fire is resorted to as a means to cover up the Refers to a person:
killing, then there are two separate and distinct (1) Below eighteen (18) years of age or;
crimes committed — homicide/murder and arson (2) Over, 18 years of age but is unable to fully take care
(People v Cacho) of himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a
If by reason of or on the occasion of the arson death physical or mental disability or condition.
results, the penalty of Reclusion Perpetua to death shall be
imposed. (Sec. 5, PD 1613). A child shall also refer to:
(1) A person regardless of age who is presented,
There is no complex crime of arson with homicide because depicted or portrayed as a child as defined herein;
the crime of arson absorbs the resultant death or is a (2) Computer-generated, digitally or manually crafted
separate crime altogether. (People v. Malngan) images or graphics of a person who is represented
or who is made to appear to be a child as defined
HOW TO PROVE ARSON herein.
Establish:
(1) The corpus delicti, that is, a fire because of criminal CHILD PORNOGRAPHY
agency; Any representation, whether visual, audio, or written
(2) The identity of the defendant as the one combination thereof, by electronic, mechanical, digital,
responsible for the crime. optical, magnetic or any other means, of child engaged or
involved in real or simulated explicit sexual activities.
Corpus delicti is satisfied by proof of the bare fact of the
fire and of it having been intentionally caused. Even the EXPILICIT SEXUAL ACTIVITY
uncorroborated testimony of a single eyewitness, if
credible, is enough to prove the corpus delicti and to Includes actual or simulated –
warrant conviction. (Gonzales v. People) (1) Sexual intercourse or lascivious acts including
contact involving genital to genital, oral to genital,
SIMPLE ARSON V. DESTRUCTIVE ARSON anal to genital, or oral to anal, whether between
persons of the same or opposite sex;
Simple Arson Destructive Arson
(2) Bestiality;
PD 1613 Article 320, RPC (3) Masturbation;
(4) Sadistic or masochistic abuse;

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(5) Lascivious exhibition of the genitals, buttocks,
breasts, pubic area and/or anus; or
(6) Use of any object or instrument for lascivious acts
UNLAWFUL OR PROHIBITED ACTS
It shall be unlawful for any person:
(1) To hire, employ, use, persuade, induce or coerce a
child to perform in the creation or production of
any form of child pornography;
(2) To produce, direct, manufacture or create any
form of child pornography;
(3) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import
any form of child pornography;
(4) To possess any form of child pornography with the
intent to sell, distribute, publish, or broadcast:
Provided. That 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;
NOTE: The crime of child pornography is deemed
committed by a syndicate if carried out by a group
of three (3) or more persons conspiring or
confederating with one another.
(14) Willfully and knowingly failing to comply with the
notice and installation requirements of an internet
service provider (Sec. 9, RA 9775);
(15) Willfully and knowingly failing to comply with the
notice requirements by any mall owner- operator
and owner or lessor of other business
establishments (Sec. 10, RA 9775);
(16) Knowingly, willfully and intentionally violating
duties of an internet content host (Sec. 11, RA 9775);
(17) Violation of the right to privacy of the child at any
stage of the investigation, prosecution and trial of
an offense under this Act (Sec. 13, RA 9775).
ANTI-FENCING LAW (PD 1612)

FENCING; DEFINED
NOTE: Possession of three (3) or more articles of
The act of any person who, with intent to gain for himself
child pornography of the same form shall be prima
or for another, shall buy, receive, possess, keep, acquire,
facie evidence of the intent to sell, distribute,
conceal, sell or dispose of, or shall buy and sell, or in any
publish or broadcast.
other manner deal in any article, item, object or anything
of value which he knows, or should be known to him, to
(5) To knowingly, willfully and intentionally provide a
have been derived from the proceeds of the crime of
venue for the commission of prohibited acts as, but
robbery or theft. (Sec. 2, PD 1612)
not limited to, dens, private rooms, cubicles,
cinemas, houses or in establishments purporting
FENCE; DEFINED
to be a legitimate business;
Includes any person, firm, association corporation or
(6) For film distributors, theaters and
partnership or other organization who/which commits
telecommunication companies, by themselves or
the act of fencing. (Sec. 2, PD 1612)
in cooperation with other entities, to distribute any
form of child pornography;
PRESUMPTION OF FENCING
(7) For a parent, legal guardian or person having
Mere possession of any good, article, item, object, or
custody or control of a child to knowingly permit
anything of value which has been the subject of robbery or
the child to engage, participate or assist in any
thievery shall be prima facie evidence of fencing. (Sec. 5,
form of child pornography;
PD 1612)
(8) To engage in the luring or grooming of a child;
(9) To engage in pandering of any form of child
Except when there is a clearance of permit to sell.
pornography;
(10) To willfully access any form of child pornography;
NOTE: All stores, establishments or entities dealing in the
(11) To conspire to commit any of the prohibited acts
buy and sell of any good, article item, object of anything of
stated in this section. Conspiracy to commit any
value obtained from an unlicensed dealer or supplier
form of child pornography shall be committed
thereof, shall secure the necessary clearance or permit
when two (2) or more persons come to an
from the station commander of the Integrated National
agreement concerning the commission of any of
Police in the town or city where such store, establishment
the said prohibited acts and decide to commit it;
or entity is located, before offering the same for sale to the
(12) To possess any form of child pornography (Sec. 4,
public.
RA 9775);
(13) Syndicated child pornography (Sec. 5, RA 9775);
The Chief of Constabulary/Director General, Integrated
National Police shall promulgate such rules and
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 Green Notes 2019
regulations to carry out the provisions of this section.
Any person who fails to secure the clearance or permit
required by this section or who violates any of the
provisions of the rules and regulations promulgated
thereunder shall upon conviction be punished as a fence.
(Sec. 6, PD 1612)
ELEMENTS OF FENCING
a. A robbery or theft has been committed;
b. The accused, who took no part in the robbery or
theft, buys, receives, possesses, keeps, acquires,
conceals, sells or disposes, or buys and sells, or in
any manner deals in any article or object taken
during that robbery or theft;
c. The accused knows or should have known that the
thing derived from that crime; and
d. He intends by the deal he makes to gain for himself
or for another (Cahulogan vs. People)
FENCING IS A SEPARATE OFFENSE FROM ROBBERY
The crimes of robbery and fencing are 2 distinct offenses.
The law on fencing does not require the accused to have
participated in the criminal design to commit, or to have
been in any wise involved in the commission of, the crime
of robbery or theft. Neither is the crime of robbery or theft
made to depend on an act of fencing in order that it can be
consummated. (People v. De Guzman)
ANTI-GRAFT AND CORRUPT PRACTICES
ACT (RA 3019, AS AMENDED)
WHO ARE COVERED
(1) Public Officers (Sec. 3);
(2) Private Individuals (Sec. 4);
(3) Certain Relatives (Sec. 5);
(4) Members of the Congress (Sec. 6);
CORRUPT PRACTICES OF PUBLIC OFFICERS
(A) 1. Persuading, inducing or influencing another public
officer to:
i. perform 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,
2. Allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
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Criminal Law
NOTE: The accused must have acted for a
consideration and had intended to obtain personal
gain or advantage.
(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.
NOTE: Public officer liable under Sec. 3(b) are those,
who in his official capacity, has to intervene under the
law in any contract or transaction between the
Government and any other party.
Elements:
a. The offender is a public officer;
b. He requested and/or received, directly or
indirectly, a gift, present or consideration;
c. The gift, present or consideration was for the
benefit of the said public officer or for any other
person;
d. It was requested and/or received in connection
with a contract or transaction with the
Government; and
e. The public officer has the right to intervene in
such contract or transaction in his official
capacity.
Q: Hilario, an Assistant Principal, informed the
classroom teachers of the approval of the release of
their salary differentials. They all agreed that Hilario
would follow-up the papers in Manila in exchange for
an amount of money. Is Hilario liable for violating
Sec. 3(b) of RA 3019?
A: NO. While Hilario indeed is a public officer and he
received amounts from the classroom teachers which
were in the concept of a gift or benefit, his position did
not vest him with the power to intervene in the
payment of the salary differentials of the classroom
teachers. In his official capacity as assistant principal,
he is not required by law to intervene in the payment
of the salary differentials.
Sec. 3(b) of RA 3019, refers to a public officer whose
official intervention is required by law in a contract or
transaction. Hilario does not fall within this purview,
thus he cannot be said to have violated the law.
(Jaravata vs. Sandiganbayan)
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 Green Notes 2019
(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 Government
permit or license, in consideration for the help given
or to be given, without prejudice to Section 13.
Elements:
a. The accused is a public officer;
b. That in any manner or capacity he secured or
obtained, or would secure or obtain, for a person
any government permit or license;
c. That he directly or indirectly requested or
received from said person any gift, present or
other pecuniary or material bene t for himself or
for another; and
d. That he requested or received the gift, present or
other pecuniary or material benefit in
consideration for the help given or to be given.
(Tecson vs. Sandiganbayan).
(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.
Elements:
a. The public officer accepted, or having any of his
family member accept any employment in a
private enterprise;
b. Such private enterprise has a pending official
business with the public officer; and
c. It was accepted during:
i. The pendency thereof; or
ii. Within 1 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.
NOTE: The last sentence of Sec. 3€ does not make a
distinction, it merely emphasized that officers and
employees included are covered. The provision applies
to any public officer.
Elements:
a. The accused must be a public officer discharging
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Criminal Law
administrative, judicial or official functions;
b. He must have acted with manifest partiality,
evident bad faith or inexcusable negligence; and
c. That his action caused any undue injury to any
party, including the government;
d. That such injury is caused by giving unwarranted
benefits, advantage or preference to such
parties; and
e. That the public officers have acted with manifest
partiality, evident bad faith or gross inexcusable
negligence.
(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. Offender is a public officer;
b. Public officer neglected or 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 act is for the purpose of:
i. Obtaining (directly or indirectly) from any
person interested in the matter some
pecuniary or material benefit or advantage;
ii. Favoring his own interest; or
iii. Giving undue advantage in favor of; or
iv. Discriminating against any other interested
party
(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:
a. Accused is a public officer;
b. The public officer entered into a contract or
transaction on behalf of the government; and
c. Such contract or transaction is grossly and
manifestly disadvantageous to the
government.
(H) Director or indirectly having financing or pecuniary
interest in any business, contract or transaction in
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 Green Notes 2019 Criminal Law

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.
NOTE: There are two modes of violating 3(h):
Elements of 1st mode of 3(H):
a. The accused is a public officer;
b. He has a direct or indirect financial or pecuniary
interest in any business, contract, or transaction,
whether or not prohibited by law; and
c. He intervenes or takes part in his official capacity
in connection with such interest.
A: YES. There is no double jeopardy for a charge or
conviction under R.A. No. 3019 and the RPC for the same
delictual act. The violation of Sec. 3(b) is neither identical
nor necessarily inclusive of direct bribery. While they have
common elements, not all the essential elements of one
form part of the other. The same act or transaction gave
rise to two separate and distinct offenses. (Merencillo vs.
People)
ANTI-HAZING ACT OF 2018
(RA 8049, AS AMENDED)

HAZING
Elements of 2nd mode of 3(H)
An initiation rite or practice as a prerequisite for admission
a. The accused is a public officer;
into membership in a fraternity, sorority or organization
b. He has a direct or indirect financial or pecuniary
by placing the recruit, neophyte or applicant in some
interest in any business, contract or transaction;
embarrassing or humiliating situations such as forcing him
c. He is prohibited from having such interest by the
to do menial, silly, foolish and other similar tasks or
Constitution or any law
activities or otherwise subjecting him to physical or
psychological suffering or injury. (Sec. 1, RA 8049)
(I) Directly or indirectly becoming interested, for
personal gain, or having a material interest in any
WHEN INITIATION RITES ALLOWED
transaction or act requiring the approval of a board,
No hazing or initiation rites in any form or manner by a
panel or group of which he is a member, and which
fraternity, sorority or organization shall be allowed
exercises discretion in such approval, even if he votes
without prior written notice to the school authorities or
against the same or does not participate in the action
head of organization 7 days before such initiation.
of the board, committee, panel or group.

The written notice shall:

Interest for personal gain shall be presumed against
(1) indicate the period of the initiation activities which
those public officers responsible for the approval of
shall not exceed three (3) days,
manifestly unlawful, inequitable, or irregular
(2) include the names of those to be subjected to such
transaction or acts by the board, panel or group to
activities,
which they belong.
(3) further contain an undertaking that no physical
violence be employed by anybody during such
(J) Knowingly approving or granting any license, permit,
initiation rites. (Sec. 2, RA 8049)
privilege or benefit in favor of:
i. any person not qualified for or not legally
The head of the school or organization or their
entitled to such license, permit, privilege or
representatives must assign at least two (2)
ii. advantage, or of a mere representative or
representatives of the school or organization, as the case
dummy of one who is not so qualified or
may be, to be present during the initiation. It is the duty of
entitled.
such representative to see to it that no physical harm of
any kind shall be inflicted upon a recruit, neophyte or
(K) 1. Divulging valuable information of:
applicant. (Sec. 3, RA 8049)
i. confidential character
ii. acquired by his office or by him on account of his
PUNISHABLE ACTS AND PENALTIES
official position to unauthorized persons, or

If the person subjected to hazing or other forms of

2. Releasing such information in advance of its
authorized release date. (Sec. 3, RA 3019)
Q: Can an accused be convicted of both Direct Bribery
and a violation of Sec. 3(b) of RA 3019 arising from the
same transaction?
initiation rites suffers any physical injury or dies as a result
thereof, the officers and members of the fraternity,
sorority or organization who actually participated in the
infliction of physical harm shall be liable as principals.
(Sec. 4, RA 8049)

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The responsible officials of the school or of the police,
military or citizen's army training organization, may
impose the appropriate administrative sanctions on the
person or the persons charged even before their
conviction. The maximum penalty shall be imposed in any
of the following instances:
(1) When the recruitment is accompanied by force,
violence, threat, intimidation or deceit on the
person of the recruit who refuses to join;
(2) When the recruit, neophyte or applicant initially
consents to join but upon learning that hazing will
be committed on his person, is prevented from
quitting;
(3) When the recruit, neophyte or applicant having
undergone hazing is prevented from reporting the
unlawful act to his parents or guardians, to the
proper school authorities, or to the police
authorities, through force, violence, threat or
intimidation;
(4) When the hazing is committed outside of the
school or institution; or
(5) When the victim is below twelve (12) years of age at
the time of the hazing. (Sec. 4, RA 8049)
WHO CAN BE HELD RESPONSIBLE
(A) The owner of the place where hazing is conducted shall
be liable as an accomplice, when he has actual
knowledge of the hazing conducted therein but failed to
take any action to prevent the same from occurring. If
the hazing is held in the home of one of the officers or
members of the fraternity, group, or organization, the
parents shall be held liable as principals when they
have actual knowledge of the hazing conducted therein
but failed to take any action to prevent the same from
occurring.
(B) The school authorities including faculty members who
consent to the hazing or who have actual knowledge
thereof, but failed to take any action to prevent the same
from occurring shall be punished as accomplices for the
acts of hazing committed by the perpetrators.
(C) The officers, former officers, or alumni of the
organization, group, fraternity or sorority who actually
planned the hazing although not present when the acts
constituting the hazing were committed shall be liable as
principals. A fraternity or sorority's adviser who is
present when the acts constituting the hazing were
committed and failed to take action to prevent the same
from occurring shall be liable as principal.
(D) The presence of any person during the hazing is prima
facie evidence of participation therein as principal unless
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he prevented the commission of the acts punishable
herein.
(E) Any person charged under this provision shall not be
entitled to the mitigating circumstance that there was
no intention to commit so grave a wrong.
(F) This section shall apply to the president, manager,
director or other responsible officer of a corporation
engaged in hazing as a requirement for employment in
the manner provided herein.
ANTI-HIJACKING LAW (RA 6235)
PUNISHABLE ACTS
It shall be unlawful for any person to:
(1) Compel a change in the course or destination of an
aircraft of Philippine registry, or to seize or usurp the
control thereof, while it is in flight. An aircraft is in
flight from the moment all its external doors are
closed following embarkation until any of such doors
is opened for disembarkation (Sec. 1, RA 6235).
NOTE: An aircraft is in flight from the moment all of its
external doors are closed following embarkation until any
of such doors is opened for disembarkation.
Defense that the plane is not in flight during the
commission of any of the punishable acts under R.A. 6235
is untenable.
(2) To compel an aircraft of foreign registry to land in
Philippine territory or to seize or usurp the control
thereof while it is within the said territory (Sec. 1).
(3) To ship, load or carry in any passenger aircraft
operating as a public utility within the Philippines,
and explosive, flammable, corrosive or poisonous
substance or material (Sec. 3, RA 6235).
AGGRAVATING CIRCUMSTANCES
When the person committing the violation employed 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. (Sec. 2,
RA 6235).
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(2)
ANTI-PHOTO AND VIDEO
VOYEURISM ACT (RA 9995)
(3)
DEFINITION OF TERMS
(4)
“BROADCAST" means to make public, by any means, a
visual image with the intent that it be viewed by a person
or persons.
"CAPTURE" with respect to an image, means to videotape,
photograph, film, record by any means, or broadcast.
"PHOTO OR VIDEO VOYEURISM" means:
i. the act of taking photo or video coverage of a person
or group of persons performing sexual act or any
similar activity or;
ii. capturing an image of the private area of a person or
persons without the latter's consent, under
circumstances in which such person/s has/have a
reasonable expectation of privacy; or
iii. the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such sexual
act or similar activity through VCD/DVD, internet,
cellular phones and similar means or device
Without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or
video coverage of same was given by such person's.
"UNDER CIRCUMSTANCES IN WHICH A PERSON HAS A
REASONABLE EXPECTATION OF PRIVACY" means
i. belief that he/she could disrobe in privacy,
without being concerned that an image or a private
area of the person was being captured; or
ii. circumstances in which a reasonable person would
believe that a private area of the person would not
be visible to the public,
Regardless of whether that person is in a public or private
place
PROHIBITED ACTS
(1) To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or
to capture an image of the private area of a person/s
such as the naked or undergarment clad genitals, public
area, buttocks or female breast without the consent of
the person/s involved and under circumstances in
which the person/s has/have a reasonable expectation
of privacy;
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To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual
act or any similar activity with or without consideration;
To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether
it be the original copy or reproduction thereof; or
To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or show
or exhibit the photo or video coverage or recordings of
such sexual act or any similar activity through
VCD/DVD, internet, cellular phones and other similar
means or device.
NOTE: The prohibition under paragraphs (2), (3) and (4)
shall apply notwithstanding that consent to record or
take photo or video coverage of the same was given by
such person/s.
ANTI-PLUNDER ACT
(RA 7080, AS AMENDED)
PUBLIC OFFICER
Any person holding any public office in the Government of
the Republic of the Philippines by virtue of an
appointment, election or contract. (Sec. 1, RA 7080)
NATIONAL GOVERNMENT
Includes the National Government, and any of its
subdivisions, agencies or instrumentalities, including
government-owned or -controlled corporations and their
subsidiaries. (Sec. 1, RA 7080)
PERSON
Includes any natural or juridical person, unless the context
indicates otherwise. (Sec. 1, RA 7080)
ILL-GOTTEN WEALTH
Any asset, property, business enterprise or material
possession of any person, 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:
(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;
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Green Notes 2019
(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.
(Sec. 1, RA 7080)
PLUNDER
“PLUNDER” is a crime committed by a public officer by
himself or in connivance with members of his family,
relatives by affinity or consanguinity, business associates,
subordinates or other persons, by amassing, accumulating
or acquiring ill-gotten wealth through a combination or
series of overt acts in the aggregate amount or total value
of at least P50 million
Any person who participated with the said public officer in
the commission of an offense contributing to the crime of
plunder shall likewise be punished for such offense. (Sec.
2, RA 7080, as amended by RA 7659)
ELEMENTS OF PLUNDER
a. 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;
b. That he amassed, accumulated or acquired ill-
gotten wealth through a combination or series of the
following overt or criminal acts:
i. through misappropriation, conversion, mis
use, or malversation of public funds or raids
on the public treasury;
ii. by receiving, directly or indirectly, any
commission, gift, share, percentage,
kickback or any other form of pecuniary
benefits from any person and/or entity in
connection with any government contract or
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project or by reason of the office or position
of the public officer concerned;
iii. by the illegal or fraudulent conveyance or
disposition of assets belonging to the
National Government or any of its
subdivisions, agencies or instrumentalities of
government-owned or -controlled
corporations or their subsidiaries;
iv. by obtaining, receiving or accepting directly
or indirectly any shares of stock, equity or
any other form of interest or participation
including the promise of future employment
in any business enterprise or undertaking;
v. 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;
vi. 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; and
c. That the aggregate amount or total value of the ill-
gotten wealth amassed, accumulated or acquired is at
least P50 million (Enrile v. People)
RULE OF EVIDENCE
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. (Sec. 4, RA 7080)
ANTI-SEXUAL HARASSMENT ACT
(RA 7877)
WORK, EDUCATION OR TRAINING-RELATED
SEXUAL HARASSMENT
PERSONS LIABLE
(1) In a work, education or training-related
environment, sexual harassment may be committed
by an:
a. an employer, employee, manager, supervisor,
agent of the employer,
b. teacher, instructor, professor, coach, trainor,
c. or any other person who, having authority,
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Green Notes 2019
influence or moral ascendancy over another in
a work or training or education environment
(2) 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.
WHEN COMMITTED
(A) In a work-related or employment environment,
sexual harassment is committed when:
i. The sexual favor is made as a condition in:
a. the hiring or in the employment, re-
employment or continued employment of
said individual, or
b. in granting said individual favorable
compensation, terms of conditions,
promotions, or privileges; or
c. the refusal to grant the sexual favor results
in limiting, segregating or classifying the
employee which in any way would
discriminate, deprive or diminish
employment opportunities or otherwise
adversely affect said employee;
ii. The above acts would impair the EE's rights or
privileges under existing labor laws; or
iii. The above acts would result in an intimidating,
hostile, or offensive environment for the
employee.
(B) In an education or training environment, sexual
harassment is committed
i. Against one who is under the care, custody or
supervision of the offender;
ii. Against one whose education, training,
apprenticeship or tutorship is entrusted to the
offender;
iii. When the sexual favor is made a condition to
the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a
stipend, allowance or other benefits, privileges,
or consideration; or
iv. When the sexual advances result in an
intimidating, hostile or offensive environment
for the student, trainee or apprentice.
(C) When any person directs or induces another to
commit any act of sexual harassment as defined, or
cooperates in the commission thereof without which
it would not have been committed (Sec. 3, RA 7877)
The employer or head of office, educational or training
institution shall be solidarily liable for damages arising
from the acts of sexual harassment committed if the
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employer or head of office, educational or training
institution is informed of such acts by the offended party
and no immediate action is taken. (Sec. 5, RA 7877)
THREE-FOLD LIABILITY RULE
An action of sexual harassment may give rise to civil,
criminal, and administrative liability on the part of the
offender, and each proceeding can proceed independently
of the others. (Domingo v. Rayala)
ANTI-TORTURE ACT (RA 9745)
DEFINITIONS
“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:
a. obtaining from him/her or a third person
information or a confession;
b. punishing him/her for an act he/she or a third
person has committed or is suspected of having
committed; or
c. intimidating or coercing him/her or a third
person; or
d. for any reason based on discrimination of any kind,
when such pain or suffering is inflicted by or
e. at the instigation of or with the consent or
acquiescence of a person in authority or agent of a
person in authority.
NOTE: It does not include pain or Buffering arising only
from, inherent in or incidental to lawful sanctions.
“OTHER CRUEL, INHUMAN AND DEGRADING
TREATMENT OR PUNISHMENT” Refers to:
a. a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of
this Act,
b. Inflicted by a person in authority or agent of a
person in authority against a person under his/her
custody,
c. which attains a level of severity causing suffering,
gross humiliation or debasement to the latter.
ACTS OF TORTURE
(1) Physical torture is a form of punishment that causes
severe pain, exhaustion, disability or dysfunction of
one or more parts of the body, such as:
A. Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or
other similar objects, and jumping on the
stomach;
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Green Notes 2019 Criminal Law

B. Food deprivation or forcible feeding with spoiled I. Denial of sleep or rest;

food, animal or human excreta and other stuff or J. Shame infliction such as stripping the person
substances not normally eaten; naked, parading him/her in public places,
C. Electric shock; shaving the victim's head or putting marks on
D. Cigarette burning; burning by electrically heated his/her body against his/her will;
rods, hot oil, acid; by the rubbing of pepper or K. Deliberately prohibiting the victim to
other chemical substances on mucous communicate with any member of his/her
membranes, or acids or spices directly on the family;
wound(s); L. Other analogous acts of mental/psychological
E. The submersion of the head in water or water torture. (Sec. 3, RA 9745)
polluted with excrement, urine, vomit and/or
blood until the brink of suffocation; (3) Other Cruel, Inhuman and Degrading Treatment or
F. Being tied or forced to assume fixed and stressful Punishment (Sec. 5, RA 9745)
bodily position;
G. Rape and sexual abuse, including the insertion of APPLICATION
foreign objects into the sex organ or rectum, or
electrical torture of the genitals; RULE: Torture and other cruel, inhuman and degrading
H. Mutilation or amputation of the essential parts of treatment or punishment as criminal acts shall apply to all
the body such as the genitalia, ear, tongue, etc.; circumstances.
I. Dental torture or forced extraction of the teeth;
J. Pulling out of fingernails; A state of war or a threat of war, internal political
K. Harmful exposure to the elements such as instability, or any other public emergency, or a document
sunlight and extreme cold; or any determination comprising an "order of battle" shall
L. The use of plastic bag and other materials placed not and can never be invoked as a justification for torture
over the head to the point of asphyxiation; and other cruel, inhuman and degrading treatment or
M. The use of psychoactive drugs to change the punishment. (Sec. 6, RA 9745)
perception, memory. alertness or will of a
person, such as:
EXCLUSIONARY RULE
i. The administration or drugs to induce
confession and/or reduce mental
GENERAL RULE: Any confession, admission or statement
competency; or
obtained as a result of torture shall be inadmissible in
ii. The use of drugs to induce extreme pain
evidence in any proceedings.
or certain symptoms of a disease;
N. Other analogous acts of physical torture; (Sec. 3,
EXCEPTION: If the same is used as evidence against a
RA 9745)
person or persons accused of committing torture (Sec. 8,
RA 9745).
(2) Mental/Psychological Torture are acts committed
calculated to affect or confuse the mind and/or
TORTURE AS A SEPARATE AND INDEPENDENT CRIME
undermine a person's dignity and morale, such as:
A. Blindfolding;
Torture as a crime shall not absorb or shall not be absorbed
B. Threatening persons or his/her relatives with
by any other crime or felony committed as a consequence,
bodily harm, execution or other wrongful acts;
or as a means in the conduct or commission thereof. In
C. Confinement in solitary cells or secret detention
which case, torture shall be treated as a separate and
places;
independent criminal act whose penalties shall be
D. Prolonged interrogation;
imposable without prejudice to any other criminal liability
E. Preparing a prisoner for a "show trial", public
provided for by domestic and international laws (Sec. 15,
display or public humiliation of a detainee or
RA 9745).
prisoner;
F. Causing unscheduled transfer of a person
deprived of liberty from one place to another,
creating the belief that he/she shall be
summarily executed;
G. Maltreating a member/s of a person's family;
H. Causing the torture sessions to be witnessed by
the person's family, relatives or any third party;
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ANTI-TRAFFICKING IN PERSONS ACT
(RA 9208, AS AMENDED)
DEFINITION
“TRAFFICKING IN PERSONS” –
a. recruitment, obtaining, hiring, providing, offering,
transportation, transfer, maintaining, harboring, or
receipt of persons with or without the victim’s
consent or knowledge, within or across national
borders
b. 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
c. for the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced
labor or services, slavery, servitude or the removal
or sale of organs.
NOTE: The recruitment, transportation, transfer,
harboring, adoption or receipt of a child for the purpose of
exploitation or when the adoption is induced by any form
of consideration for exploitative purposes shall also be
considered as ‘trafficking in persons’ even if it does not
involve any of the means set forth in the preceding
paragraph (Sec. 3, as amended).
“CHILD” - a person:
a. below eighteen (18) years of age or
b. 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 (Sec. 3, as amended).
“PROSTITUTION” - any act, transaction, scheme or design
involving the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for money,
profit or any other consideration (Sec. 3, as amended).
“ FORCED LABOR” - 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 including any
work or service extracted from any person under the
menace of penalty (Sec. 3, as amended).
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Criminal Law
“SLAVERY” - the status or condition of a person over
whom any or all of the powers attaching to the right of
ownership are exercised (Sec. 3, as amended).
“INVOLUNTARY SERVITUDE” –a condition of enforced
and compulsory service induced by means of any scheme,
plan or pattern, intended to cause a person to believe that
if he or she did not enter into or continue in such
condition, he or she or another person would suffer
serious harm or other forms of abuse or physical restraint,
or threat of abuse or harm, or coercion including depriving
access to travel documents and withholding salaries, or
the abuse or threatened abuse of the legal process. (Sec. 3,
as amended).
“SEX TOURISM” - 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 (Sec. 3, as amended).
“SEXUAL EXPLOITATION” – refers to:
a. participation by a person in prostitution,
pornography or the production of pornography, in
exchange for money, profit or any other
consideration or
b. where the participation is caused or facilitated by
any means of intimidation or threat, use of force,
or other forms of coercion, abduction, fraud,
deception, debt bondage, abuse of power or of
position or of legal process, taking advantage of the
vulnerability of the person, or giving or receiving of
payments or benefits to achieve the consent of a
person having control over another person; or
c. in sexual intercourse or lascivious conduct caused
or facilitated by any means as provided in this Ac
(Sec. 3, as amended).
“DEBT BONDAGE” - 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 (Sec. 3, as
amended).
“PORNOGRAPHY” - 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 (Sec. 3, as amended).
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PUNISHABLE ACTS
(1) Acts of Trafficking of Persons (Sec. 4, as amended).
a. To recruit, obtain, hire, provide, offer, transport,
transfer, maintain, harbor, 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, or sexual exploitation;
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;
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 persons by any form of consideration for
exploitative purposes or to facilitate the same for
purposes of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
g. To adopt or facilitate the adoption of persons for
the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
h. To recruit, hire, adopt, transport, transfer, obtain,
harbor, maintain, provide, offer, receive 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;
i. To recruit, transport, obtain, transfer, harbor,
maintain, offer, hire, provide, receive or adopt a
child to engage in armed activities in the
Philippines or abroad;
j. To recruit, transport, transfer, harbor, obtain,
maintain, offer, hire, provide or receive a person by
means defined in Section 3 of this Act for purposes
of forced labor, slavery, debt bondage and
involuntary servitude, including a scheme, plan, or
pattern intended to cause the person either:
i. To believe that if the person did not perform
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such labor or services, he or she or another
person would suffer serious harm or physical
restraint; or
ii. To abuse or threaten the use of law or the
legal processes; and
k. To recruit, transport, harbor, obtain, transfer,
maintain, hire, offer, provide, adopt or receive a
child for purposes of exploitation or trading them,
including but not limited to, the act of baring
and/or selling a child for any consideration or for
barter for purposes of exploitation. Trafficking for
purposes of exploitation of children shall include:
i. All forms of slavery or practices similar to
slavery, involuntary servitude, debt bondage
and forced labor, including recruitment of
children for use in armed conflict;
ii. The use, procuring or offering of a child for
prostitution, for the production of
pornography, or for pornographic
performances;
iii. The use, procuring or offering of a child for
the production and trafficking of drugs; and
iv. The use, procuring or offering of a child for
illegal activities or work which, by its nature
or the circumstances in which it is carried
out, is likely to harm their health, safety or
morals; and
l. To organize or direct other persons to commit the
offenses defined as acts of trafficking under this
Act.
(2) Attempted Trafficking in Person
a. Where there are acts to initiate the commission of
a trafficking offense but the offender failed to or
did not execute all the elements of the crime, by
accident or by reason of some cause other than
voluntary desistance, such overt acts shall be
deemed as an attempt to commit an act of
trafficking in persons.
b. When any of the following acts is committed and
the victim is a child:
i. Facilitating the travel of a child who travels
alone to a foreign country or territory
without valid reason therefor and without
the required clearance or permit from the
Department of Social Welfare and
Development, or a written permit or
justification from the child’s parent or legal
guardian;
ii. Executing, for a consideration, an affidavit of
consent or a written consent for adoption;
iii. Recruiting a woman to bear a child for the
purpose of selling the child;
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iv. Simulating a birth for the purpose of selling whether those days are continuous or not; and
the child; and (9) When the offender directs or through another
v. Soliciting a child and acquiring the custody manages the trafficking victim in carrying out the
thereof through any means from among exploitative purpose of trafficking (Sec. 6, as
hospitals, clinics, nurseries, daycare centers, amended).
refugee or evacuation centers, and low-
income families, for the purpose of selling
the child. (Sec. 4-A, as amended). ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT (RA 9262)
(3) Accomplice - any person who knowingly aids, abets,
cooperates in the execution of the offense by previous
or simultaneous acts defined in this Act (Sec. 4-B, as VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
amended).
Refers to any act or a series of acts which result in or is
(4) Accessories - whoever has the knowledge of the
likely to result in physical, sexual, psychological harm or
commission of the crime, and without having
suffering, or economic abuse including threats of such
participated therein, either as principal or as
acts, battery, assault, coercion, harassment or arbitrary
accomplices, take part in its commission in any of the
deprivation of liberty against:
following manners:
a. a woman who is his wife, former wife, or against a
a. By profiting themselves or assisting the offender
woman with whom the person has or had a sexual
to profit by the effects of the crime;
or dating relationship, or with whom he has a
b. By concealing or destroying the body of the
common child, or
crime or effects or instruments thereof, in order
b. her child whether legitimate or illegitimate, within
to prevent its discovery;
or without the family abode
c. By harboring, concealing or assisting in the
escape of the principal of the crime, provided the
It includes, but is not limited to, the following acts:
accessory acts with abuse of his or her public
A. "Physical Violence" refers to acts that include
functions or is known to be habitually guilty of
bodily or physical harm;
some other crime (Sec. 4-C, as amended).
B. "Sexual violence" refers to an act which is sexual in
nature, committed against a woman or her child. It
QUALIFIED TRAFFICKING IN PERSONS
includes, but is not limited to:
i. Rape, sexual harassment, acts of
(1) The trafficked person is a child;
lasciviousness, treating a woman or her child
(2) The inter-country adoption is effected for purposes
as a sex object, making demeaning and
of prostitution, pornography, sexual exploitation,
sexually suggestive remarks, physically
forced labor, slavery, involuntary servitude and debt
attacking the sexual parts of the victim's
bondage;
body, forcing her/him to watch obscene
(3) Trafficking is committed by a syndicate (large-scale);
publications and indecent shows or forcing
(4) When the offender is a spouse, an ascendant, parent,
the woman or her child to do indecent acts
sibling, guardian or a person who exercises authority
and/or make films thereof, forcing the wife
over the trafficked person or when the offense is
and mistress/lover to live in the conjugal
committed by a public officer or employee;
home or sleep together in the same room
(5) Trafficking is made for purposes of engaging in
with the abuser;
prostitution with law enforcement/military
ii. Acts causing or attempting to cause the
agencies;
victim to engage in any sexual activity by
(6) When the offender is a member of the military or law
force, threat of force, physical or other harm
enforcement agencies;
or threat of physical or other harm or
(7) When by reason or on occasion of the act of
coercion;
trafficking in persons, the offended party dies,
iii. Prostituting the woman or child.
becomes insane, suffers mutilation or is afflicted
with Human Immunodeficiency Virus (HIV) or the
C. "Psychological violence" refers to acts or
Acquired Immune Deficiency Syndrome (AIDS);
omissions causing or likely to cause mental or
(8) When the offender commits one or more violations
emotional suffering of the victim such as but not
of Section 4 over a period of sixty (60) or more days,
limited to intimidation, harassment, stalking,
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Green Notes 2019
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
D. "Economic abuse" refers to acts that make or
attempt to make a woman financially dependent
which includes, but is not limited to the following:
i. 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;
ii. 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;
iii. Destroying household property;
iv. Controlling the victims' own money or
properties or solely controlling the conjugal
money or properties.
DEFINITION
"BATTERY" - an act of inflicting physical harm upon the
woman or her child resulting to the physical and
psychological or emotional distress.
"BATTERED WOMAN SYNDROME" - a scientifically
defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result
of cumulative abuse.
"STALKING" - 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.
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Criminal Law
"SEXUAL RELATIONS" - a single sexual act which may or
may not result in the bearing of a common child.
"SAFE PLACE OR SHELTER" - any home or institution
maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency
or voluntary organization accredited by the DSWD for the
purposes of this Act or any other suitable place the
resident of which is willing temporarily to receive the
victim.
"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. It includes the
biological children of the victim and other children under
her care. (Sec. 3)
PUNISHABLE ACTS
(1) Causing physical harm to the woman or her child;
(2) Threatening to cause the woman or her child physical
harm;
(3) Attempting to cause the woman or her child physical
harm;
(4) Placing the woman or her child in fear of imminent
physical harm;
(5) 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 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:
a. Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
b. 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;
c. Depriving or threatening to deprive the woman
or her child of a legal right;
d. Preventing the woman in engaging in any
legitimate profession, occupation, business or
activity or controlling the victim's own money or
properties, or solely controlling the conjugal or
common money, or properties;
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Green Notes 2019
(6) Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
(7) 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;
(8) 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:
a. Stalking or following the woman or her child in
public or private places;
b. Peering in the window or lingering outside the
residence of the woman or her child;
c. Entering or remaining in the dwelling or on the
property of the woman or her child against
her/his will;
d. Destroying the property and personal belongings
or inflicting harm to animals or pets of the
woman or her child; and
e. Engaging in any form of harassment or violence;
(9) 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.
BATTERED WOMEN’S SYNDROME AS A DEFENSE
Victim-survivors who are found by the courts to be
suffering 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. (Sec. 26)
NOTE: In the determination of the state of mind of the
woman who was suffering from battered woman syndrome
at the time of the commission of the crime, courts shall be
assisted by expert psychiatrists/ psychologists. (Sec. 26)
BOUNCING CHECKS LAW (B.P. BLG. 22)
PUNISHABLE ACTS
(1) Making or drawing and issuing a check knowing at
the time of issue that he does not have sufficient
funds.
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ELEMENTS:
a. A person draws a check;
b. The check is made or drawn and issued to
apply on account or for value;
c. The person knows that at the time of issue he
does not have sufficient funds in or credit with
the drawee bank for the payment of such check
upon its presentment;
(2) The check is subsequently dishonored by the drawee
bank for the insufficiency of funds or would have
been dishonored for the same reason had not the
drawer, without any valid reason ordered the bank to
stop payment.
(3) Failing to keep sufficient funds to cover check if
presented within a period of 90 days from the date
appearing thereon.
ELEMENTS:
a. A person has sufficient funds with the drawee
bank when he makes or issues a check;
b. He fails to keep sufficient funds or to maintain
a credit to cover the full amount if presented
within a period of 90 days from the date
appearing thereon;
c. The check is dishonored. (Sec.1, BP 22)
CONSPIRACY IN BP 22
If there is no express proscription of the supplementary
application of the provisions including the rule on
conspiracy, such rule may be applied supplementarily.
[Go-Tan v Tan, 2008]
NOTE: Prosecution under this law shall be without
prejudice to any liability for any violation in the RPC.
COMPREHENSIVE DANGEROUS DRUGS
ACT (RA 9165, AS AMENDED)
SALE, TRADING, ADMINISTRATION, DISPENSATION,
DELIVERY, DISTRIBUTION AND TRANSPORTATION
OF DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS (SEC. 5)
PUNISHABLE ACTS
(1) Selling
Act of giving away any dangerous drug and/or
controlled precursor and essential chemical
whether for money or any other consideration
(Sec. 3 [ii], RA 9165).
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(2) Trading
Transactions involving the illegal trafficking of
dangerous drugs and/or controlled precursors
and essential chemicals using electronic devices
such as, but not limited to, text messages, e-mail,
mobile or landlines, two-way radios, internet,
instant messengers and chat rooms or acting as a
broker in any of such transactions whether for
money or any other consideration in violation of
this Act (Sec. 3 [jj], RA 9165).
(3) Administering
Act of introducing any dangerous drug into the
body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or
other means, or of committing any act of
indispensable assistance to a person in
administering a dangerous drug to himself/herself
unless administered by a duly licensed practitioner
for purposes of medication. (Sec. 3 [a], RA 9165).
(4) Dispensing
Act of giving away, selling or distributing medicine
or any dangerous drug with or without the use of
prescription. (Sec. 3 [m], RA 9165).
(5) Delivering
Any act of knowingly passing a dangerous drug to
another, personally or otherwise, and by any
means, with or without consideration (Sec. 3 [k],
RA 9165).
(6) Giving away to another;
(7) Distributing dispatch in transit or
(8) Transporting any dangerous drug, including any
and all species of opium poppy regardless of the
quantity and purity involved, or shall act as a
broker in any of such transactions. (Sec. 5)
ILLEGAL SALE OF DANGEROUS DRUGS (SEC. 5)
ELEMENTS
a. the identity of the buyer and the seller, the object,
and the consideration; and
b. the delivery of the thing sold and the payment
(People v. Manansala)
ILLEGAL POSSESSION OF DANGEROUS DRUGS
(SEC. 11)
ELEMENTS
a. the accused was in possession of an item or object
Lasallian Commission on Bar Operations
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identified as a prohibited drug;
b. such possession was not authorized by law; and
c. the accused freely and consciously possessed the
said drug (People v. Manansala).
NOTE: Possession of equipment, instrument, apparatus
and other paraphernalia fit or intended for use shall be
prima facie evidence that the possessor has smoked,
consumed, administered to himself/herself, injected,
ingested or used a dangerous drug and shall be
presumed to have violated Section 15 of RA 9165. (Sec. 12,
RA 9165)
ILLEGAL USE OF DANGEROUS DRUGS (SEC. 15)
USE
Any act of injecting, intravenously or intramuscularly, of
consuming, either by chewing, smoking, sniffing, eating,
swallowing, drinking or otherwise introducing into the
physiological system of the body, any of the dangerous
drugs (Sec. 3 [kk], RA 9165).
ELEMENTS
a. a person is apprehended or arrested;
b. the said person was subjected to a drug test; and
c. the person tested positive for use of any dangerous
drug after a confirmatory test (People v. Sullano)
CUSTODY AND DISPOSITION OF CONFISCATED,
SEIZED AND/OR SURRENDERED DANGEROUS
DRUGS (SEC. 21, as amended)
DUTY OF PDEA: 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 dangerous drugs, controlled
precursors and essential chemicals,
instruments/paraphernalia and/or laboratory
equipment shall,
i. (Rule on Inventory and Photography)
Immediately after seizure and confiscation,
conduct a physical inventory of the seized
items and photograph the same
ii. (Rule on Witnesses) In the presence of the
following persons who shall be required to
sign the copies of the inventory and be given
a copy thereof
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Green Notes 2019
a. accused or the person/s from whom
such items were confiscated and/or
seized, or; his/her representative or
counsel,
b. with an elected public official; and
c. a representative of the National
Prosecution Service or the media
NOTE: (a) if prior to the amendment of
RA 9165 by RA 10640 (June 7, 2002) - "a
representative from the media and the
DOJ, and any elected public official";
(b) if after the amendment of RA 9165 by
RA 10640, - an elected public official and
a representative of the National
Prosecution Service or the media."
iii. (Rule on Venue) Conduct a physical
inventory and photograph at:
a. the place where the search warrant is
served; or
b. at the nearest police station or at the
nearest office of the apprehending
officer/team, whichever is practicable,
in case of warrantless seizures
iv. Noncompliance of the requirements shall not
render void and invalid such seizures and
custody over said items, as long as
prosecution proves:
a. there is a justifiable ground for non-
compliance; and
b. the integrity and evidentiary value of the
seized items are properly preserved
NOTE: Non-compliance refer mainly to the Rule
on Witnesses.
(2) Submission to the PDEA Forensic Laboratory for a
qualitative and quantitative examination within 24
hours upon confiscation or seizure of the dangerous
drug and the instruments or paraphernalia
(3) Issuance of a certification of the forensic laboratory
examination results, done under oath by the forensic
laboratory examiner, immediately after the receipt
of the subject items (Sec. 21, RA 10640).
(4) i. Conduct of an ocular inspection of the
confiscated, seized and/or subject items after
the filing of the criminal case by the Court
ii. Destruction or burning of the subject items of the
PDEA within 24 hours, 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
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Criminal Law
the media and the DOJ, civil society groups and
any elected public official
(5) Issuance by the Board of a sworn certification of the
fact of destruction or burning of the subject items
(6) After promulgation and judgment in the criminal
case, the trial prosecutor shall inform the Board of
the final termination of the case and, request the
court for leave to turn over the said representative
sample/s to the PDEA for proper disposition and
destruction within 24 hours from receipt.
CHAIN OF CUSTODY
The (D-R-A-M-S) duly recorded authorized movements
and custody of seized drugs or controlled chemicals or
plant sources of dangerous drugs or laboratory equipment
of each stage, from the time of seizure/ confiscation to
receipt in the forensic laboratory to safekeeping to
presentation in court for destruction.
LINKS IN THE CHAIN OF CUSTODY
seizure and marking by the
apprehending officer
Turnover by apprehending officer to
the investigating officer
Turnover by investigating officer to
the forensic chemist for examination
Turnover and submission from the
forensic chemist to the court
MARKING
Placing by the arresting officer of his/her initials and
signature on the items after seizure. Marking is vital since
the succeeding handlers will use the markings as
reference. Marking must be done:
(1) In the presence of the apprehended violator, and
(2) Immediately upon confiscation
NOTE: Marking in the nearest police station contemplates
a case of warrantless searches and seizures. (People vs.
Gayoso)
Guidelines in order that the provisions of Sec. 21 of R.A.
9165 must be well-enforced and duly proven in courts:
(1) In the sworn statements/affidavits, the
apprehending/seizing officers must state their
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compliance with the requirements of Section 21 (1) of
R.A. No. 9165, as amended, and its IRR.
(2) In case of non-observance of the provision, the
apprehending/seizing officers must state the
justification or explanation therefor as well as the
steps they have taken in order to preserve the
integrity and evidentiary value of the
seized/confiscated items.
(3) If there is no justification or explanation expressly
declared in the sworn statements or a davits, the
investigating fiscal must not immediately le the case
before the court. Instead, he or she must refer the
case for further preliminary investigation in order to
determine the (non) existence of probable cause.
(4) If the investigating fiscal filed the case despite such
absence, the court may exercise its discretion to
either refuse to issue a commitment order (or
warrant of arrest) or dismiss the case outright for
lack of probable cause in accordance with Section 5,
Rule 112, Rules of Court. (People vs. Romy Lim)
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION (RA 10591)
LOOSE FIREARM
An unregistered rearm, an obliterated or altered rearm,
rearm which has been lost or stolen, illegally manufactured
rearms, registered rearms in the possession of an
individual other than the licensee and those with revoked
licenses in accordance with the rules and regulations. (Sec.
3 [v]).
PUNISHABLE ACTS
(1) Unlawfully acquiring or possessing a small arm;
(2) Unlawfully acquiring or possessing 3 or more small
arms or Class-A light weapons
(3) Unlawfully acquiring or possessing a Class-A light
weapon;
(4) Unlawfully acquiring or possessing a Class-B light
weapon;
(5) A penalty of one degree higher than that provided in
paragraphs (a) to (c) in this section shall be imposed
upon any person who shall unlawfully possess any
firearm under any or combination of the following
conditions:
a. Loaded with ammunition or inserted with a
loaded magazine;
b. Fitted or mounted with laser or any gadget
used to guide the shooter to hit the target such
as thermal weapon sight (TWS) and the like;
c. Fitted or mounted with sniper scopes, rearm
muffler or rearm silencer;
Lasallian Commission on Bar Operations
Criminal Law
d. Accompanied with an extra barrel; and
e. Converted to be capable of firing full automatic
bursts.
(6) Unlawfully acquiring or possessing a major part of a
small arm;
(7) Unlawfully acquiring or possessing ammunition for a
small arm or Class-A light weapon.
NOTE: 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;
(8) Unlawfully acquiring or possessing a major part of a
Class-A light weapon;
(9) Unlawfully acquiring or possessing ammunition for a
Class-A light weapon.
NOTE: 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;
(10) Unlawfully acquiring or possessing a major part of a
Class-B light weapon; and
(11) Unlawfully acquiring or possessing ammunition for a
Class-B light weapon.
NOTE: 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.
(Sec. 28, RA 10591)
RULES ON USE OF LOOSE FIREARMS
(1) When the use of a loose firearm is inherent in the
commission of a crime punishable under the RPC or
other Special laws, such use shall be considered as an
aggravating circumstance
(2) 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.
NOTE: Penalty for illegal possession of firearm is Prision
mayor in its medium period (8 years 1 day to 10 years)
(3) 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
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mayor in its minimum period shall be imposed in
addition to the penalty for the crime punishable under
RPC or other special laws of which he/she is found guilty
(4) If the violation of this Act is in furtherance of, or incident
to, or in connection with the crime of rebellion or
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.
(5) If the crime is committed by the person without using
the loose firearm, the violation shall be considered as a
distinct and separate offense. (Sec. 29, RA 10591)
CYBERCRIME PREVENTION ACT
(RA 10175)
PUNISHABLE ACTS
1. OFFENSES AGAINST THE CONFIDENTIALITY,
INTEGRITY AND AVAILABILITY OF COMPUTER
DATA AND SYSTEMS: (Sec. 4[a], RA 10175)
a. Illegal Access. — The access to the whole or any
part of a computer system without right.
b. Illegal Interception. — The interception made by
technical means without right of any non-public
transmission of computer data to, from, or
within a computer system including
electromagnetic emissions from a computer
system carrying such computer data.
c. 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.
d. 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.
e. Misuse of Devices.
i. The use, production, sale, procurement,
importation, distribution, or otherwise
making available, without right, of:
(a) A device, including a computer
program, designed or adapted
primarily for the purpose of
committing any of the offenses under
this Act; or
Lasallian Commission on Bar Operations
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(b) 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.
ii. The possession of an item with intent to use
said devices for the purpose of committing
any of the offenses under this section.
f. Cyber-squatting. — The acquisition of a domain
name over the internet, in bad faith to pro t,
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.
2. COMPUTER-RELATED OFFENSES: (Sec. 4[b], RA
10175)
a. 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.
b. 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
NOTE: If no damage has yet been caused, the
penalty imposable shall be one (1) degree lower.
c. 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
NOTE: If no damage has yet been caused, the
penalty imposable shall be one (1) degree lower.
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3. CONTENT-RELATED OFFENSES: (Sec. 4[c], RA 10175)
a. 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.
b. 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.
a. Unsolicited Commercial Communications. —
The transmission of commercial electronic
communication with the use of computer 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;
iii. The following conditions are present:
a. 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;
b. The commercial electronic
communication does not purposely
disguise the source of the
electronic message; and
c. 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.
c. 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.
4. AIDING OR ABETTING IN THE COMMISSION OF
CYBERCRIME. — Any person who willfully abets or
aids in the commission of any of the offenses
enumerated in this Act shall be held liable. (Sec. 5)
5. ATTEMPT IN THE COMMISSION OF CYBERCRIME.
— Any person who willfully attempts to commit any
of the offenses enumerated in this Act shall be held
liable. (Sec. 5, RA 10175)
Lasallian Commission on Bar Operations
Criminal Law
APPLICABILITY OF RA 10175
All crimes defined and penalized by the RPC, as amended,
and special laws, if committed by, through and with the use
of information and communications technologies shall be
covered by the relevant provisions of this Act.
NOTE: The penalty to be imposed shall be one (1) degree
higher than that provided for by the Revised Penal Code,
as amended, and special laws, as the case may be. (Sec. 6,
RA 10175)
CONSTITUTIONAITY OF CYBER LIBEL
The Cybercrime law (on libel) is constitutional. The law
provides for presumed malice on the part of the individual
who shares defamatory articles in the cyberspace, he
cannot make a general denial that there is no malice on his
part. Relief is also provided for in the RPC. The law merely
specified what is already indicated in the RPC. (Disini v.
Secretary of Justice).
PRESCRIPTIVE PERIOD
Libel in relation to RA 10175 prescribes in 15 years.
Although the RA 10175, does not categorically state the
prescriptive period for such action, the new prescriptive
period for the crime of libel in relation to RA No. 10175 can
be derived from the penalty imposed on the said crime.
Section 6 of RA 10175 provides that the "penalty to be
imposed shall be 1 degree higher than that provided for by
the RPC, as amended, and special laws, as the case may be."
As such, the former penalty of prision correccional in its
minimum and medium periods is increased to prision
correccional in its maximum period to prision mayor in its
minimum period. The new penalty, therefore, becomes
afflictive, following Section 25 of the RPC. Corollarily,
following Article 90 of the RPC, the crime of libel in relation
to RA 10175 now prescribes in 15 years. (Tolentino vs.
People, 2018).
Q: Which court has jurisdiction to hear violations of RA
10175?
A: Any RTC. Section 21 of RA 10175 vests the RTC with
jurisdiction without any qualification as to the place
where the same should be filed. This is in accordance with
Section 2, Rule 4 of the ROC, which provides that: “all other
actions may be commenced and tried where the plaintiff
or any of the principal plaintiffs reside, or where the
defendant or any of the principal defendants reside, or in
the case of a non- resident defendant where he may be
found, at the election of the plaintiff." (Tolentino vs.
People, 2018).
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HUMAN SECURITY ACT ACCOMPLICE

(RA 9372)
(1) Any person who, not being a principal under Article
17 of the Revised Penal Code or a conspirator as
PUNISHABLE ACTS
defined in Section 4 hereof,
(2) Cooperates in the execution of either the crime of
(1) Committing any of the following acts sowing and
terrorism or conspiracy to commit terrorism
creating a condition of widespread and extraordinary
(3) By previous or simultaneous acts. (Sec. 5, RA 9372)
fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand (Sec.
ACCESSORY
3, RA 9372):
Any person who:
a. having knowledge of the commission of the crime
UNDER RPC UNDER SPL of terrorism or conspiracy to commit terrorism,
and
i. Piracy in i. Law on Arson;
b. without having participated therein, either as
General and ii. Toxic Substances and
principal or accomplice under Articles 17 and 18 of
Mutiny in the Hazardous and Nuclear
the Revised Penal Code,
High Seas or in Waste Control Act of
c. takes part subsequent to its commission in any of
the Philippine 1990;
the following manner:
Waters; iii. Atomic Energy
i. by profiting himself or assisting the offender to
ii. Rebellion or Regulatory and Liability
profit by the effects of the crime;
Insurrection; Act of 1968;
ii. by concealing or destroying the body of the
iii. Coup d' Etat, iv. Anti-Hijacking Law;
crime, or the effects, or instruments thereof, in
including acts v. Anti-Piracy and Anti-
order to prevent its discovery;
committed by Highway Robbery Law
iii. by harboring, concealing, or assisting in the
private persons; of 1974;
escape of the principal or conspirator of the
iv. Murder; vi. Decree Codifying the
crime
v. Kidnapping and Laws on Illegal and
Serious Illegal Unlawful Possession,
NOTE: The penalties prescribed for accessories shall not
Detention Manufacture, Dealing
be imposed upon those who are such with respect to their
vi. Crimes in, Acquisition or
spouses, ascendants, descendants, legitimate, natural, and
Involving Disposition of Firearms,
adopted brothers and sisters, or relatives by affinity within
Destruction Ammunitions or
the same degrees, with the single exception of accessories
Explosives
falling within the provisions of subpar (a). (Sec. 6 RA 9372)

(2) Conspiring to Commit Terrorism(Sec. 4, RA 9372) ABSORPTION PRINCIPLE

NOTE: There is conspiracy when two or more
persons come to an agreement concerning the When a person has been prosecuted under a provision of
commission of the crime of terrorism as defined in this Act, and after the accused had pleaded to the charge,
Section 3 hereof and decide to commit the same. the acquittal of the accused or the dismissal of the case
shall be a bar to another prosecution for any offense or
ELEMENTS OF TERRORISM felony which is necessarily included in the offense charged
under this Act (Sec. 49, RA 9372)
a. Offender commits an act punishable under any of the
cited provisions of the RPC, or under any of the NEW ANTI-CARNAPPING ACT OF 2006
enumerated special penal laws;
(RA 10883)
b. The commission of the predicate crime sows and
creates a condition of widespread and extraordinary
fear and panic among the populace; UNLAWFUL ACTS
c. The offender is actuated by the desire to coerce the
government to give in to an unlawful demand.||| (1) Carnapping
(Sourthern Hemisphere Engagement Network, Inc. v. (2) Concealment of Carnapping
Anti-Terrorism Council) (3) Defacing or Tampering with Serial Numbers of
Motor Vehicle Engines, Engine Blocks and
Chassis
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Green Notes 2019 Criminal Law

(4) Identity Transfer in the violation.

(5) Transfer of Vehicle Plate without securing the
proper authority from the LTO
(6) Sale of Second Hand Spare Parts taken from a
carnapped vehicle
CARNAPPING
The taking, with intent to 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 10883)
PENALTY FOR CARNAPPING
Any public official or employee who directly commits the
unlawful acts 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. (Sec. 4, RA 10883)
OBSTRUCTION OF JUSTICE LAW
(PD 1829)

CRIME PERIOD
OFFENDER
Carnapping, regardless of the imprisonment for
Any person who knowingly or willfully obstructs, impedes,
value of the motor vehicle, not less than twenty
frustrates or delays the apprehension of suspects and the
where carnapping is (20) years and one (1)
investigation and prosecution of criminal cases
committed without violence day but not more
against or intimidation of than thirty (30) years
persons, or force upon things PUNISHABLE ACTS
carnapping is committed by imprisonment for
means of violence against or not less than thirty (1) i. Preventing witnesses from:
intimidation of persons, or (30) years and one (1) a. testifying in any criminal proceeding or
force upon things day but not more b. reporting the commission of any offense or
than forty (40) years c. the identity of any offender/s
ii. By means of bribery, misrepresentation, deceit,
When the owner, driver, or life imprisonment
intimidation, force or threats;
occupant of the carnapped
motor vehicle is killed or raped
(2) Altering, destroying, suppressing or concealing any
in the commission of the
paper, record, document, or object -
carnapping
a. with intent to impair its verity, authenticity,
(Sec. 3, RA 10883)
legibility, availability, or admissibility as
evidence in any investigation of or official
Any person charged with carnapping or when the crime of
proceedings in, criminal cases, or
carnapping is committed by criminal groups, gangs or
b. to be used in the investigation of, or official
syndicates or by means of violence or intimidation of any
proceedings in, criminal cases;
person or persons or forced upon things; or when the
owner, driver, passenger or occupant of the carnapped
(3) i. Harboring, concealing, facilitating the escape of:
vehicle is killed or raped in the course of the carnapping
a. any person he knows, or
shall be denied bail when the evidence of guilt is strong.
b. has reasonable ground to believe or suspect
(Sec. 3, RA 10883)
has committed any offense under existing
penal laws
CONCEALMENT OF CARNAPPING
ii. in order to prevent his arrest prosecution and
conviction;
Any person who conceals carnapping shall be punished
with imprisonment of 6 years up to 12 years and a fine
(4) Publicly using a fictitious name for the purpose of:
equal to the amount of the acquisition cost of the motor
a. concealing a crime,
vehicle, motor vehicle engine, or any other part involved in
b. evading prosecution or
the violation.
c. the execution of a judgment, or
d. concealing his true name and other personal
NOTE: If the person violating is a juridical person, the
circumstances for the same purpose or
penalty shall be imposed on its president, secretary, purposes;
and/or members of the board of directors or any of its
officers and employees who may have directly participated (5) Delaying the prosecution of criminal cases by
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Green Notes 2019
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) i. Threatening directly or indirectly another with the
infliction of any wrong upon:
a. his person, honor or property or
b. that of any immediate member or members of
his family
ii. 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,
iii. 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 to the court.
ANTI-CHILD ABUSE LAW
(R.A. NO. 7610, AS AMENDED)
CHILDREN
Refers to persons:
a. below eighteen (18) years of age or
b. those over 18 years of age but are unable to fully
take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental
disability or condition (Sec. 3[a], RA 7610).
Lasallian Commission on Bar Operations
Criminal Law
CHILD PROSTITUTION AND OTHER SEXUAL ABUSE
CHILDREN EXPOLITED IN PROSTITUTION AND
OTHER SEXUAL ABUSE (CEPOSA)
A child is deemed exploited in prostitution or subjected to
other sexual abuse, when the child indulges in sexual
intercourse or lascivious conduct
a. for money, profit, or any other consideration; or
b. under the coercion or influence of any adult,
syndicate or group (Sec. 5, RA 7610).
PROHIBITED ACTS
(1) Engaging in or promoting, facilitating or inducing
child prostitution which include, but are not limited
to, the following:
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 prostitute;
d. Threatening or using violence towards a
child to engage him as a prostitute; or
e. Giving monetary consideration, goods or
other pecuniary bene t to a child with intent
to engage such child in prostitution.
(2) Committing the act of sexual intercourse or
lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse
NOTE: If the victim is under 12 years of age, the
perpetrator shall be prosecuted under the RPC for
rape or lascivious conduct, as the case may be.
(3) Deriving profit or advantage, whether as manager or
owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place
of entertainment or serving as a cover or which
engages in prostitution in addition to the activity for
which the license has been issued to said
establishment. (Sec. 5, RA 7610).
ELEMENTS OF SEXUAL ABUSE UNDER SEC. 5(A)
NOTE: Acts punished pertain to or are connected with
child prostitution where the child is abused primarily for
profit
a. Accused commits the act of sexual intercourse or
lascivious conduct.
b. Said act is performed with a child exploited in
prostitution or subjected to other sexual abuse.
c. The child, whether male or female, is below 18
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Green Notes 2019 Criminal Law

years of age. (Olivarez v. Court of Appeals) conditions prejudicial to the child's development
including those covered by Article 59 of
ELEMENTS OF LASCIVIOUS CONDUCT Presidential Decree No. 603, as amended, but not
UNDER SEC. 5(B) covered by the Revised Penal Code, as amended
(2) Keeping or having as company a minor, twelve (12)
NOTE: punishes sexual intercourse or lascivious conduct years or under or who in ten (10) years or more his
committed on a child subjected to other sexual abuse. junior in any public or private place, hotel, motel,
beer joint, discotheque, cabaret, pension house,
(1) The offender commits any act of lasciviousness or sauna or massage parlor, beach and/or other
lewdness; tourist resort or similar places
(3) Inducing, delivering or offering a minor to any one
prohibited by this Act to keep or have in his
NOTE: Lascivious conduct is defined as the
company a minor as provided in the preceding
intentional touching, either directly or through
paragraph
clothing, of the genitalia of any person, with intent to
(4) Any person, owner, manager or one entrusted with
abuse or gratify sexual desire (Section 32, Article XIII,
the operation of any public or private place of
IRR of R.A. 7610).
accommodation, whether for occupancy, food,
drink or otherwise, including residential places,
(2) That it be done under any of the following
who allows any person to take along with him to
circumstances:
such place or places any minor
a. Through force, threat, or intimidation;
(5) Using, coercing, forcing or intimidating a street
b. When the offended party is deprived of
child or any other child to;
reason or otherwise unconscious;
a. Beg or use begging as a means of living;
c. By means of fraudulent machination or
b. Act as conduit or middlemen in drug
grave abuse of authority;
trafficking or pushing; or
d. When the offended party is under 12 years
c. Conduct any illegal activities (Sec. 10, RA
of age or is demented, even though none of
7610).
the circumstances mentioned above be
present;
Section 10(a) punishes 4 distinct offenses:
(3) That said act is performed with a child exploited in (1) child abuse;
prostitution or subjected to other sexual abuse; (2) child cruelty;
(3) child exploitation, and
(4) being responsible for conditions prejudicial to the
NOTE: a child is deemed exploited when the child
child’s development.
indulges in sexual intercourse or lascivious conduct
(a) for money, profit or any other consideration; or
An accused can be prosecuted and be convicted under
(b) under the coercion or any influence of any adult,
Section 10(a), Article VI of Republic Act No. 7610 if he
syndicate or group.
commits any of the four acts therein. The prosecution
need not prove that the acts of child abuse, child cruelty
(4) That the offended party is a child, whether male or
and child exploitation have resulted in the prejudice of the
female, below 18 years of age (People vs. Macapagal).
child because an act prejudicial to the development of the
child is different from the former acts (People vs. Lucido).
CHILD TRAFFICKING

Q: When is an accused liable for lascivious conduct under

Trading and dealing with children including, but not
RA 7610, and not under Art. 336 of the RPC?
limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter (Sec. 7, RA
A: RA 7610 finds application when the victims of abuse,
7610).
exploitation or discrimination are children. (Orsos vs.
People).
OTHER ACTS OF ABUSE

Q: Can an accused be charged for both Rape under the

Other acts of neglect, abuse, cruelty or exploitation and
other conditions prejudicial to the child's development: RPC and Sexual Abuse under RA 7610?
(1) Committing any other acts of child abuse, cruelty
or exploitation or to be responsible for other A: YES. The provisions of the RPC and RA 7610 show that

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Green Notes 2019 Criminal Law

rape and sexual abuse are two (2) separate crimes with
distinct elements. Charging an accused with rape, under
the Revised Penal Code, and with sexual abuse, under RA
7610, in case the offended party is a child 12 years old and
above, will not violate the right of the accused against
double jeopardy (People v Udang, Sr.)

AGE OF
VICTIM Under 12 y.o or 12 y.o. or below 18 y.o.
demented 18, or 18 but and
CRIME unable above
Acts of Acts of Lascivious N/A
Lascivious Lasciviousness conduct 75
ness under the RPC in under Section 5
committed relation to Sec. (b) of R.A. No.
against 5(b) of R.A. 7610: 7610
CEPOSA
Sexual Sexual Assault Lascivious N/A
Assault under the RPC in Conduct under
committed relation to Sec. 5 Section 5 (b) of
against (b) of R.A. 7610: R.A. No. 7610
CEPOSA
Sexual Rape under the Sexual Abuse N/A
Intercours RPC under Sec. 5(b)
e of R.A. No. 7610
committed
against
CEPOSA
Rape by Rape under the Rape under Art. Rape
Carnal RPC 266-A (1) in under
Knowledge relation to Art. the RPC
266- B of the
RPC
Rape by Sexual Assault Lascivious Sexual
Sexual under the RPC in Conduct under Assault
Assault relation to Sec. 5 Section 5 (b) of the RPC
(b) of R.A. 7610 R.A. No. 7610
(People vs. Tulagan)

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