Crim Mem Aid

MEMORY AID IN CRIMINAL LAW
SAN BEDA COLLEGE OF LAW 2003 CENTRALIZED BAR OPERATIONS

Reproduction in any form of this copy is strictly prohibited!!!
crime is obliterated.

BOOK ONE
ART. 1. TIME WHEN THE ACT TAKES

EFFECT
CRIMINAL LAW The branch or division of

law which defines crimes, treats of their nature
and provides for their punishment.
TWO SCHOOLS OF THOUGHT IN

CRIMINAL LAW
CLASSICAL
LIMITATIONS
ON
THE
POWER
OF
CONGRESS TO ENACT PENAL LAWS
The law must not: (CODE:VEBI)
1. Violate the equal protection clause of the
Constitution.
2. Partake the nature of an ex post facto law.
3. Partake of the nature of a bill of attainder.
4. Impose cruel and unusual punishment nor
excessive fines.
CHARACTERISTICS OF CRIMINAL LAW

1. GENERAL - criminal law is binding on all
persons who live or sojourn in Philippine
territory (Art. 14, NCC.).
EXCEPTIONS: those who are exempted by:
a. Treaty stipulations.
b. Laws of preferential application
c. Principles of public internal law (i.e.,
sovereigns and other chiefs of state,
ambassadors, ministers plenipotentiary,
ministers resident, and their charges
daffaires.
But consuls, vice-consuls
and other commercial representatives of
foreign nations cannot claim the same
privileges and immunities.
Human free
will
2. Purpose
of penalty
3. Exemplified in
Retribution
The RPC in
general
The sum of
social and
economic
phenomena to
which the actor
is exposed
Prevention or
correction
The provisions
on impossible
crimes and
habitual
delinquency
NOTE: A third school of thought may be added

which is called:
Eclectic or Mixed Philosophy this combines
both positivist and classical thinking. Crimes that
are economic in nature and social in nature
should be dealt with in a positivist manner; thus,
the law is more compassionate. Heinous crimes
should be dealt with in a classical manner: thus,
capital punishment as imposed by RA 7659 is
justified.
2. TERRITORIAL - criminal laws of the

Philippines are enforceable only within its
territory.
ART. 2. APPLICATION OF ITS

PROVISIONS
Exception to the Principle of Territoriality
EXCEPTION:
Art. 2 of the Revised Penal Code.
RULES ON VESSELS:
1. A Philippine vessel or aircraft must be
understood as that which is registered in the
Philippine Bureau of Customs.
3. PROSPECTIVE - penal laws cannot make

an act punishable in a manner in which it
was not punishable when committed. As
provided in Article 366 of the Revised Penal
Code, crimes are punished under the laws in
force at the time of their commission.
2.
EXCEPTION:
When a new statute dealing with the
crime established conditions more lenient or
favorable to the accused, it can be given a
retroactive effect.
EXCEPTION TO THE EXCEPTION:
a. The new law is expressly made
inapplicable to pending actions or
existing causes of actions.
b. The offender is a habitual criminal.
1. Basis of
criminal
liability
POSITIVIST
On Foreign Merchant Vessels:

FRENCH RULE
ENGLISH RULE
GENERAL RULE:
Crimes are not triable
in the courts of the
country,
EXCEPTION:
their
commission
affects the peace and
security of the territory
or the safety of the
state is endangered.
GENERAL RULE:
Crimes are triable in
the country,
EXCEPTION:
they
merely
affect
things within the vessel
or they refer to the
internal management
thereof.
NOTE: The English rule is more assertive while

the French rule is more restrained.
If the new law totally repeals the existing law

so that the act which was penalized under
the old law is no longer punishable, the
3.
Merchant Vessel vs. Warship(Public Vessel)
1
CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Dilabakun

MERCHANT
WARSHIP
More or less subject to

territorial laws
Territory of the country

where they belong. Not
subject to territorial
laws
(CODE: G-CLAMP)
MALA IN SE
ART. 3. FELONIES
GENERAL ELEMENTS OF FELONIES:
1.
There must be an act or omission i.e.,

external acts, internal acts are beyond
the sphere of penal laws.
The act or omission must be punishable
by the RPC;
The act is performed or the omission
incurred by means of dolo or culpa.
2.
3.
Good faith or
lack of criminal
intent is a valid
defense; unless
the crime is the
result of culpa.
The degree of
accomplishment
of the crime is
taken
into
account
in
punishing
the
offender.
Mitigating
and
aggravating
circumstances
are taken into
account
in
imposing
the
penalty
When there is
more than one
offender,
the
degree
of
participation of
each
in
the
commission of
the
crime
s
taken
into
account.
1. Violation of
the R.P.C.
(General
rule)
crime
4.
As to
mitigating
and
aggravating
circumstances
Intentional felonies - the act is

performed with deliberate intent or malice.
5. As to
degree of
participati
on
Culpable felonies Performed without

malice.
REQUISITES OF CULPA:
1. FREEDOM;
2. INTELLIGENCE;
3. NEGLIGENCE AND IMPRUDENCE.
Such negligence or indifference to duty
or to consequence is, in law, equivalent
to criminal intent.
REASON FOR PUNISHING ACTS OF
NEGLIGENCE:
A man must use common sense, and
exercise due reflection in all his acts; it is
his duty to be cautious, careful and
prudent.
3.
2. As to
use
of
good faith
as
a
defense
accomplish
ment of the
REQUISITES OF DOLO OR MALICE:

1. FREEDOM;
2. INTELLIGENCE;
3. INTENT while doing the act or omitting
to do the act. Criminal intent is
presumed from the commission of an
unlawful act.
2.
The moral trait is

considered.
Liability will arise
only when there
is dolo or culpa.
3. As to
degree of
CLASSIFICATION
OF
FELONIES
ACCORDING TO THE MEANS BY WHICH
THEY ARE COMMITTED
1.
1. As to
moral trait
of
the
offender
6. As to
what laws
are
violated
MALA
PROHIBITA
The moral trait of
the offender is not
considered. It is
enough that the
prohibited act was
voluntarily done.
Good faith is not a
defense.
The act gives rise

to a crime only
when
it
is
consummated.
Mitigating
and
aggravating
circumstances are
not taken into
account
Degree
of
participation is not
taken into account.
All
who
perpetrated the act
are punished to
the same extent.
1. Violation
of
Special Laws
(General rule)
TEST TO DETERMINE WHETHER OFFENSE

IS MALA IN SE:
The test is not the law punishing it but the
nature of the act itself. Although as a rule,
special laws punish acts as mala prohibita, if
the act punished is wrongful in nature, or
inherently immoral, like the offense under
the Election Code regarding the omission of
the voters name in the voters list, the act is
considered wrong per se and not a wrong
merely because it is prohibited. Hence, good
faith and lack of criminal intent are valid
defenses (People vs Sunico [CA] 50 O.G.,
5880)
Mala Prohibita- the third class of crimes

punishable by SPECIAL LAWS, and where
criminal intent (or criminal negligence) is
not, as a rule, necessary, it being sufficient
that the offender has the intent to
perpetrate the act prohibited by the special
law.
MALA IN SE vs. MALA PROHIBITA

2

INTENT
1. purpose to use
particular means to
effect such result
2. element of the
crime,
except
in
malum prohibitum
3.
essential
in
intentional felonies
frustrated impossible crime.
MOTIVE
1. moving power which
impels one to act
ART. 6. CONSUMMATED,
FRUSTRATED AND
ATTEMPTED FELONIES
2. NOT an element of
the crime
STAGES OF OFFENSES
1.
3. essential only when

the identity of the
perpetrator is in doubt
2.
ART. 4. CRIMINAL LIABILITY
FRUSTRATED FELONY
ELEMENTS:
(CODE: APNI)
1. The offender performs all the acts of
execution
2. All the acts performed would produce
the felony as a consequence
3. But the felony is not produced
4. By reason of causes independent of the
will of the perpetrator
REQUISITES FOR CRIMINAL LIABILITY FOR

A FELONY, DIFFERENT FROM THAT
INTENDED TO BE COMMITTED
(ART 4 PAR. 1 ):
1. That an Intentional felony has been
committed;
2. That the wrong done be different from that
which was intended: and
3. That the intentional felony be the proximate
cause of the wrong done.
3.
PROXIMATE CAUSE -the 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.
ATTEMPTED FELONY
ELEMENTS:
(CODE: CANO)
1. The
offender
commences
the
commission of the felony directly by
overt acts
2. He does not perform all the acts of
execution which should produce the
felony
3. The offenders act be not stopped by his
own spontaneous desistance;
4. The non-performance of all acts of
execution was due to cause or accident
other than his own spontaneous
desistance.
CAUSES WHICH MAY PRODUCE A RESULT

DIFFERENT FROM THAT INTENDED
1. Error in personae - mistake in the identity of
the victim
2. Aberratio ictus- mistake in the blow
3. Praeter intentionem- the injurious result is
different from that intended
REQUISITES OF MISTAKE OF FACT AS
DEFENSE: (U.S. vs. Ah Chong)
1. The act done would have been lawful had
the facts been as accused believed them to
be
2. The intention of the accused in doing the act
was lawful
3. The mistake was without fault or
carelessness on the part of the accused
REQUISITES OF AN IMPOSSIBLE CRIME
(ART. 4, PAR. 2):
1. That the act performed would be an offense
against persons or property
2. That the act was done with evil intent
3. That its accomplishment is inherently
impossible, OR that the means employed is
either inadequate or ineffectual.
4. That the act performed should NOT
constitute a violation of another provision of
the Revised Penal Code.
CONSUMMATED FELONY - A felony is

consummated when all the elements
necessary
for
its
execution
and
accomplishment are present.
OVERT ACTS: Some physical activity or

deed, indicating intention to commit a
particular crime, more than a mere planning
or preparation, which if carried to its
complete termination following its natural
course, without being frustrated by external
obstacles, nor by voluntary desistance of the
perpetrator will logically ripen into a concrete
offense.
INDETERMINATE OFFENSE: One where

the purpose of the offender in performing an
act is not certain. The accused maybe
convicted for a felony defined by the acts
performed by him up to the time of
desistance. (People vs. Lamahang, 61 Phil
703)
TWO STAGES IN THE DEVELOPMENT OF A

CRIME:
1. Internal acts, such as mere ideas in the
mind of a person, are not punishable even if
they would constitute a crime, had they been
There is no such thing as an attempted or

3

carried out.
2. External acts cover a) preparatory acts and
b) acts of execution.
a. Preparatory acts are ordinarily not
punishable.
But preparatory acts,
considered by law as independent
crimes, are punishable (e.g. the
possession of picklocks under Art. 304,
RPC, which is a preparatory act to the
commission of robbery).
b. Acts of execution are punishable under
the Revised Penal Code.
TWO ASPECTS OF CONSPIRACY OR

PROPOSAL TO COMMIT FELONY:
1. GENERAL RULE: As a manner of incurring
criminal liability.
2. EXCEPTION: As a separate punishable
offense.
RULES ON CONSPIRACY OR PROPOSAL TO
COMMIT A FELONY:
1. GENERAL RULE: Mere conspiracy and
proposal to commit a felony are not
punishable. Reason: conspiracy and
proposal to commit a crime are only
preparatory acts.
2. EXCEPTION: They are punishable in
cases in which the law specially
provides a penalty therefor.
FACTORS TO CONSIDER IN DETERMINING

WHETHER THE FELONY IS ATTEMPTED,
FRUSTRATED OR CONSUMMATED:
(CODE- MEN)
1. Nature of the offense
2. Elements constituting the felony
3. Manner of committing the felony
FORMAL CRIMES - consummated in one

instant, no attempt.
MATERIAL CRIMES - 3 stages of execution.
EXCEPTION: If any of the co-conspirators

would commit a crime not agreed upon, the
same is NOT the act of all.
ART. 7. LIGHT FELONIES

GENERAL RULE: Light felonies are punishable
only when they have been consummated.
EXCEPTION: If committed against persons or
property, punishable even if attempted or
frustrated.
Only principals and accomplices are liable

for light felonies
Accessories are not liable, even if they are

committed against persons or property.
When conspiracy is only a basis for incurring

criminal liability, there must be an overt act
before
the
co-conspirators
become
criminally liable. In which case, the rule is
that: the act of one is the act of all.
EXCEPTION TO THE EXCEPTION: But in

acts constituting a single indivisible
offense, all will be liable for a crime
committed by one co-conspirator.
The
defense of a particular conspirator would be
that he tried to prevent the commission of
such other act.
ART. 9. CLASSIFICATION OF FELONIES

ACCORDING TO GRAVITY
IMPORTANCE OF THE CLASSIFICATION:
a. To determine whether these felonies can be
complexed or not;
b. To determine the prescription of the crime
and the prescription of the penalty.
ART. 8. CONSPIRACY AND PROPOSAL

TO COMMIT FELONY
REQUISITES OF CONSPIRACY:
1. That two or more persons came to an
agreement;
2. That the agreement pertains to the
commission of a felony; and
3. That the execution of the felony be decided
upon.
TWO WAYS FOR CONSPIRACY TO EXIST:
1. There is a previous and express agreement;
2. The participants acted in concert or
simultaneously which is indicative of a
meeting of the minds towards a common
criminal objective. There is an implied
agreement.
ART. 10. OFFENSES NOT SUBJECT TO

THE PROVISIONS OF THE RPC
GENERAL RULE: The provisions of the RPC on
penalties cannot be applied to offenses
punishable under special laws.
EXCEPTION: If the penalties in the special law
follow the penalties in the RPC, the rules in the
RPC shall be applicable (People vs Martin
Simon, July 1994).
ART. 11. JUSTIFYING CIRCUMSTANCES
REQUISITES OF PROPOSAL:
1. That a person has decided to commit a
felony; and
2. That he proposes its execution to some
other person or persons.
JUSTIFYING CIRCUMSTANCES - are those

where the act of a person is said to be in
accordance with law, so that such person is
deemed not to have transgressed the law and is
4

free from both criminal and civil liability. There is
no civil liability, except in par. 4 of Art. 11, where
the civil liability is borne by the persons
benefited by the act.
RELATIVES THAT CAN BE DEFENDED:

(CODE: SAD B4R)
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same
degrees.
5. Relatives by consanguinity within the fourth
civil degree
3. DEFENSE OF STRANGER
REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. The person defending be not induced by
revenge, resentment or other evil motive.
1. SELF-DEFENSE
REQUISITES:
1. Unlawful aggression (condition sine qua
non);
3. Lack of sufficient provocation on the part of
the person defending himself
UNLAWFUL AGGRESSION is equivalent to

assault or at least threatened assault of an
immediate and imminent kind.
TEST OF REASONABLENESS - the means

employed depends upon the nature and
quality of the (1) weapon used by the
aggressor, and (2) his physical condition,
character, size and other circumstances, (3)
and those of the person defending himself,
(4) and also the place and occasion of the
assault.
NOT required for reasonable necessity:

Perfect equality between the weapons used
by the one defending himself and that of the
aggressor is not required, nor material
commensurability between the means of
attack and defense. Reason: This is
because the person assaulted does not
have sufficient tranquility of mind to think
and to calculate.
4. AVOIDANCE OF GREATER EVIL OR

INJURY
REQUISITES:
1. That the evil sought to be avoided
actually exists;
2. That the injury feared be greater than
that done to avoid it; and
3. There be no other practical and less
harmful means of preventing it.
Rights included in self-defense:

Self-defense includes not only the defense
of the person or body of the one assaulted
but also that of his rights, the enjoyment of
which is protected by law.
1. Includes the right to honor. Hence, a slap
on the face is considered as unlawful
aggression directed against the honor of
the actor (People vs Sabio, 19 SCRA
901),
2. Includes defense of property rights, only
if there is also an actual and imminent
danger on the person of the one
defending (People vs Apolinar, 38 O.G.
2879).
The greater evil must not be brought about

by the negligence or imprudence of the
actor.
Civil liability referred to in a state of

necessity is based not on the act committed,
but on the benefit derived from the state of
necessity. Thus, only the person benefited
is civilly liable.
5. FULFILLMENT OF DUTY; OR LAWFUL

EXERCISE OF RIGHT OR OFFICE
REQUISITES:
1. That the accused acted in the performance
of a duty or in the lawful exercise of a right
or office;
2. That the injury caused or the offense
committed be the necessary consequence
of the due performance of duty or the lawful
exercise of such right or office.
6. OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE
REQUISITES:
1. That an order has been issued by a superior
2. That such order must be for some lawful
purpose
3. That the means used by the subordinate to
carry out said order is lawful
2. DEFENSE OF RELATIVES
REQUISITES:
1. Unlawful Aggression;
3. In case the provocation was given by
the person attacked, the one making the
defense had no part therein.
ART. 12. EXEMPTING CIRCUMSTANCES

DEFINITION:
Exempting
circumstances
(or
the
circumstances for non-imputability) - are those
5

grounds for exemption from punishment,
because there is wanting in the agent of the
crime any of the conditions which makes the act
voluntary, or negligent.
BASIS: (CODE FINI)
The exemption from punishment is based on the
complete absence of intelligence, freedom of
action, or intent, or on the absence of
negligence on the part of the accused.
3. PERSON OVER NINE YEARS OF AGE

AND UNDER FIFTEEN, ACTING WITHOUT
DISCERNMENT
Discernment - mental capacity (i.e. of a minor)
to fully appreciate the consequences of an
unlawful act.
Discernment may be shown by:
a. The manner the crime was committed;
or
b. The conduct of the offender after its
commission
(CODE: CALL)
JUSTIFYING
EXEMPTING
CIRCUMSTANCE
CIRCUMSTANCE
1. It affects the act 1. It affects the actor
not the actor.
not the act.
2. The
act
is 2. The act
considered to have
complained of is
been done within
actually wrongful,
the bounds of law;
but the actor is
hence, legitimate
not liable.
and lawful in the
eyes of the law.
3. Since the act is 3. Since the act
considered lawful,
complained of is
there is no crime.
actually wrong,
there is a crime;
but since the actor
acted without
voluntariness,
there is no dolo
nor culpa.
4. Since there is no 4. Since there is a
crime,
nor
a
crime committed
criminal, there is
though there is no
also no liability,
criminal, there is
criminal nor civil.
civil liability.
4. A PERSON WHO WHILE PERFORMING A

LAWFUL ACT WITH DUE CARE, CAUSES
INJURY, BY MERE ACCIDENT WITHOUT
FAULT OR INTENTION OF CAUSING IT
ELEMENTS:
1. A person is performing a lawful act;
1. With due care;
2. He causes injury to another by mere
accident;
3. Without fault or intention of causing
it.
5. A PERSON WHO ACTS UNDER THE
COMPULSION OF AN IRRESISTIBLE FORCE
ELEMENTS:
1. That the compulsion is by means of physical
force.
2. That the physical force must be irresistible.
3. That the physical force must come from a
third person.
6. A PERSON WHO ACTS UNDER THE
IMPULSE OF UNCONTROLLABLE FEAR
OF AN EQUAL OR GREATER INJURY
ELEMENTS:
1. That the threat which causes the fear is of
an evil greater than, or at least equal to, that
which he is required to commit;
2. That it promises an evil of such gravity and
imminence that the ordinary man would
have succumbed to it.
1. IMBECILITY OR INSANITY
Insanity or imbecility exists when there is a
complete deprivation of intelligence freedom
of the will.
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.
2 TESTS OF INSANITY:
1. Test of COGNITION complete
deprivation of intelligence in committing
the crime.
2. Test of VOLITION total deprivation of
freedom of will. (Pp. v. Rafanan)
2. PERSON UNDER NINE YEARS OF AGE
An infant under the age of nine years is
absolutely and conclusively presumed to be
incapable of committing a crime.
Duress as a valid defense should be based

on real, imminent, or reasonable fear for
ones life or limb and should not be
speculative, fanciful, or remote fear.
Hence, duress is unavailing where the

accused had every opportunity to run away
if he had wanted to, or to resist any possible
aggression because he was also armed.
DISTINGUISHED
FROM
IRRESISTIBLE
FORCE:
In irresistible force (par. 5), the offender
uses violence or physical force to compel
another person to commit a crime; in
uncontrollable fear (par. 6), the offender employs
intimidation or threat in compelling another to
The phrase under nine years should be

construed nine years or less.
6

commit a crime.
7. A PERSON WHO FAILS TO PERFORM AN
ACT REQUIRED BY LAW, WHEN
PREVENTED BY SOME LAWFUL OR
INSUPERABLE CAUSE.
As to
offset
Where
found
ELEMENTS:
1. That an act is required by law to be done
2. That a person fails to perform such act
3. That his failure to perform such act was due
to some lawful or insuperable cause.
Cannot
offset
be
Arts. 68, 69
and 64 of the
RPC.
PARAGRAPH 1: INCOMPLETE JUSTIFYING

OR EXEMPTING CIRCUMSTANCE
1. Applies, when all the requisites necessary to
justify the act are not attendant.
2. But in the case of incomplete self-defense,
defense of relatives, and defense of
stranger, unlawful aggression must be
present, it being an indispensable requisite.
ABSOLUTORY CAUSES
DEFINITION:
Absolutory cause a circumstance which
is present prior to or simultaneously with the
offense by reason of which, the accused
who acts with criminal intent, freedom and
intelligence does not incur criminal liability
for an act which constitutes a crime, such
as:
1. Spontaneous desistance (Art.6)
2. Accessories who are exempt from
criminal liability (Art. 20)
3. Death or physical injuries under
exceptional circumstances (Art. 247)
4. Persons exempt from criminal liability in
theft, swindling and malicious mischief
(Art. 332)
5. Instigation is an absolutory cause.
REASON: An instigator practically
induces the would-be accused into the
commission of the offense, and himself
becomes a co-principal. Sound public
policy requires that the courts condemn
this practice by directing the acquittal of
the accused.
PARAGRAPH 2: UNDER 18, OR OVER 70

YEARS OLD
LEGAL EFFECTS OF VARIOUS AGES OF
OFFENDER:
1. The age of absolute irresponsibility - Under
9 years of age, an exempting circumstance
(Art. 12, par. 2);
2. The age of mitigated responsibility - Over 9
and under 15 years of age, acting without
discernment is also an
exempting
circumstance, (Art. 12, par. 3; see Art. 68,
par. 1);
3. Minor delinquent (under 18 years of age),
the sentence may be suspended (Art. 192,
PD 603, as amended by PD 1179);
4. Under 18 years of age, privileged mitigating
circumstance (Art. 68);
5. age of full responsibility - 18 years or over,
full criminal responsibility;
6. The age of mitigated responsibility - 70
years or over, mitigating circumstance (Art.
13, par. 2), no imposition of death penalty
(Art. 47, par. 1), execution of death sentence
if already imposed is suspended and
commuted (Art. 83).
ART. 13. MITIGATING CIRCUMSTANCES

DEFINITION:
Mitigating circumstances - those which, if
present in the commission of the crime, do not
entirely free the actor from criminal liability, but
serve only to reduce the penalty.
PARAGRAPH 3: NO INTENTION TO COMMIT

SO GRAVE A WRONG
1. If the offender had no intention to commit so
grave a wrong as that committed, he is
entitled to a mitigating circumstance. This
can be taken into account only when the
facts proven show that there is a notable
and evident disproportion between the
means employed to execute the criminal act
and its consequences.
2. This paragraph is not applicable to culpable
felonies.
BASIS: (CODE: FILI)

Mitigating circumstances are based on
the diminution of either freedom of action,
intelligence, or intent, or on the lesser perversity
of the offender.
CLASSES OF MITIGATING
CIRCUMSTANCES:
ORDINARY
As to
If not offset, it will
the
operate to reduce
effect
the penalty to the
minimum period,
provided
the
penalty
is
a
divisible one.
May be offset by
aggravating
circumstance
subsections 1 to
10 of Article 13,
RPC.
PRIVILEGED
It operates to
reduce
the
penalty by one
to two DEGREES
depending
upon what the
law provides.
PARAGRAPH 4: PROVOCATION OR THREAT

DEFINITION:
Provocation - is understood as any unjust or
improper conduct or act of the offended party,
capable of exciting, inciting, or irritating any one.
7

REQUISITES: (CODE: SOI)
1. The provocation must be sufficient.
2. It must originate from the offended party.
3. The provocation must be immediate to the
commission of the crime by the person who
is provoked.
1. That there be an act, both unlawful and

sufficient to produce such a condition of
mind;
2. That said act which produced the
obfuscation was not far removed from the
commission of the crime by a considerable
length of time, during which the perpetrator
might recover his normal equanimity.
The threat should not be offensive and

positively strong. Otherwise, the threat to
inflict real injury is an unlawful aggression,
which may give rise to self- defense.
REASON: When there are causes naturally

producing in a person powerful excitement, he
loses his reason and self-control, thereby
diminishing the exercise of his will power.
PARAGRAPH 5: VINDICATION OF GRAVE

OFFENSE
REQUISITES:
1. That there be a grave offense done to the
one committing the felony, his spouse,
ascendants, descendants, legitimate, natural
or adopted brothers or sisters, or relatives
by affinity within the same degrees;
2. That the felony is committed in vindication of
such grave offense.
EXCEPTIONS: But even when there is actually

passion or obfuscation on the part of the
offender, there is no mitigating circumstance if:
a.
The act is committed in a spirit of
lawlessness; or
b.
The act is committed in a spirit of
revenge.
PARAGRAPH 7: SURRENDER AND
CONFESSION OF GUILT
TWO MITIGATING CIRCUMSTANCES ARE
PROVIDED IN THIS PARAGRAPH:
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 prosecution.
Immediate vindication means proximate.

Hence, a lapse of time is allowed between
the vindication and the doing of the grave
offense.
PROVOCATION
VINDICATION
1. It is made directly
only to the person
committing the
felony.
1. The grave offense

may be committed
also against the
offenders
relatives
mentioned by law.
2. The cause that

brought about the
provocation need
not be a grave
offense.
2. The offended
party must have
done a grave
offense to the
offender or his
relatives
mentioned by law.
3. The vindication of
the grave offense
may be
proximate, which
admits of an
INTERVAL of
time.
3. It is necessary that
the provocation or
threat immediately
preceded the act.
REQUISITES OF VOLUNTARY SURRENDER:

(CODE: ASV)
1. That the offender had not been actually
arrested;
2. That the offender surrendered himself to a
person in authority or to the latters agent;
3. That the surrender was voluntary.
WHEN SURRENDER VOLUNTARY A
surrender
to
be
voluntary
must
be
spontaneous, showing the intent of the
accused to submit himself unconditionally to the
authorities, either because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble and
expense necessarily incurred in his
search and capture.
REQUISITES OF VOLUNTARY PLEA OF
GUILTY:
(CODE: SCoP)
1. That
the
offender
spontaneously
confessed his guilt;
2. That the confession of guilt was made in
open court, that is, before the competent
court that is to try the case; and
3. That the confession of guilt was made prior
to the presentation of evidence for the
prosecution.
PARAGRAPH 6: PASSION OR OBFUSCATION

REQUISITES:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that it
naturally produced passion or obfuscation in
him.
REQUISITES OF THE MITIGATING
CIRCUSTANCE OF PASSION OR
OBFUSCATION
8

PARAGRAPH 8: PHYSICAL DEFECT OF THE
OFFENDER
DEFINITION:
Physical defect - referred to in this paragraph is
such as being armless, cripple, or a stutterer,
whereby his means to act, to defend himself, or
to communicate with his fellow human beings, is
limited. However, it is essential that the physical
defect has some relation to the crime committed
by him.
(10)Unlawful entry
(11)By breaking wall, etc.
(12)Aid of a minor (under 15 years)
2. SPECIFIC-- those that apply only to
particular crimes.
USUALLY: ignominy in crimes against
chastity; or cruelty and treachery in crimes
against persons
ENUMERATED:
(1) disregard of rank, age, or sex of
offended party
(2) superior strength; or means to weaken
the defense
(3) treachery
(4) ignominy
(5) cruelty
(6) use of unlicensed firearm in murder or
homicide (Section 1, RA 8294)
PARAGRAPH 9: ILLNESS OF THE

OFFENDER
REQUISITES:
1. That the illness of the offender diminishes
the exercise of his will power.
2. That such illness should not deprive the
offender of consciousness of his acts.
PARAGRAPH 10: SIMILAR AND
ANALOGOUS CIRCUMSTANCES
3. QUALIFYING those that change the nature

of the crime.
EXAMPLES: Alevosia (treachery), or evident
premeditation qualifies the killing of a person
to murder
4. INHERENT those that must, of necessity,
accompany the commission of the crime.
These will not aggravate the crime.
EXAMPLE:
Evident
premeditation
is
inherent in robbery, theft, estafa, adultery, or
concubinage
Authorizes the court to consider in favor of

the accused any other circumstance of a
similar nature and analogous to those
mentioned in paragraphs 1 to 9 of Article
13.
ART. 14 AGGRAVATING
CIRCUMSTANCES
DEFINITION:
Aggravating circumstances - are 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.
(CODE: NO)
QUALIFYING
GENERIC
AGGRAVATING
AGGRAVATING
CIRCUMSTANCE
CIRCUMSTANCE
BASIS:
They are based on the greater perversity of the
offender manifested in the commission of the
felony, as shown by (1) the motivating power
itself, (2) the place of commission, (3) the means
and ways employed, (4) the time, or (5) the
personal circumstances of the offender, or of the
offended party.
FOUR KINDS OF AGGRAVATING
CIRCUMSTANCES:
1. GENERIC those that can generally apply to
all crimes
USUALLY: dwelling; nighttime; recidivism
ENUMERATED:
(1) Advantage taken of public position
(2) Contempt or insult to public authorities
(3) Commission in the dwelling of the
offended party
(4) Abuse of confidence; or obvious
ungratefulness
(5) Places of commission
(6) Nighttime; uninhabited place; or band
(7) Recidivism
(8) Reiteracion
(9) Craft, fraud, or disguise
1. It does not only

give the crime its
proper and
exclusive name,
but also places the
author thereof in
such a situation as
to deserve no
other penalty than
that specially
prescribed by law
for said crime.
1. Its effect is to
increase the
penalty, which
should be imposed
upon the accused
without exceeding
the limit prescribed
by law. It does not
change the crime
2. It cannot be offset
2. It may be
compensated by a
mitigating
circumstance.
by an ordinary
mitigating
circumstance.
MODIFICATIONS IN THE APPLICATION OF

SOME AGGRAVATING CIRCUMSTANCES
(ACs)
(CODE: No Personal Knowledge of Public
Syndicate)
1. ACs WHICH DO NOT HAVE THE EFFECT
OF INCREASING THE PENALTY.
(a)
9

Those which in themselves, constitute a
crime specially punishable by law, and (b)
those which are included by the law in
defining a crime and prescribing the penalty
therefore (Art. 62, par. 1).
2. ACs WHICH ARE PERSONAL TO THE
OFFENDERS. Those which arise: a) from
the moral attributes of the offender, or b)
from his private relations with the offended
party, or c) from any other personal cause,
shall only serve to aggravate the liability of
the principals, accomplices, and accessories
as to whom such circumstances are
ATTENDANT (Art. 62, par. 3).
3. ACs WHICH DEPEND FOR THEIR
APPLICATION UPON THE KNOWLEDGE
OF THE OFFENDERS.
Those which
consist 1) in the material execution of the
act, or 2) in the means employed to
accomplish it, 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 (Art. 62, par. 4).
4. When in the commission of the crime,
advantage was taken by the offender of his
public position, or when the offense was
committed by a person who belongs to a
syndicated crime group, the maximum
penalty shall be imposed regardless of
mitigating circumstances.
DEFINITION:
A Public Authority, sometimes also called a
person in authority, is a public officer who is
directly vested with jurisdiction, that is, a public
officer who has the power to govern and execute
the laws.
PARAGRAPH 3: DISREGARD OF RANK,
AGE, OR SEX OF OFFENDED PARTY; OR
COMMISSION IN THE DWELLING OF THE
OFFENDED PARTY
1. That the act be committed with

insult or in disregard of the
respect due the offended party on
account of the
a. rank of the offended party. There must
be a difference in the social condition of
the offender and the offended party.
b. age of the offended party. Applies to
cases where the victim is of tender age
as well as of old age.
c. sex of the offended party. This refers to
the female sex, not to the male sex.
PARAGRAPH 1: ADVANTAGE TAKEN OF

PUBLIC POSITION
TEST: Did the accused abuse his office in
order to commit the crime?
This circumstance (rank, age, or sex) is

applicable only in crimes against
persons or honor.
DISREGARD OF RANK, AGE, OR SEX IS NOT

AGGRAVATING IN THE FOLLOWING CASES:
a. When the offender acted with passion and
obfuscation.
b. When there exists a relationship between
the offended party and the offender.
c. When the condition of being a woman is
indispensable in the commission of the
crime. Thus, in (1) parricide, (2) abduction,
(3) seduction and (4) rape in Art. 266-A
par.1, sex is not aggravating
THIS CIRCUMSTANCE NOT APPLIED IN:

1. FALSIFICATION
OF
DOCUMENT
COMMITTED BY PUBLIC OFFICERS
UNDER ART. 171.
2. ACCESSORIES UNDER ART. 19, PAR.
3
3. CRIMES COMMITTED BY PUBLIC
OFFICERS (FOUND IN ARTS. 204245).
PARAGRAPH 2: CONTEMPT OR INSULT TO

PUBLIC AUTHORITIES
REQUISITES:
1. That the public authority is engaged in the
exercise of his functions.
2. That he who is thus engaged in the exercise
of said functions is NOT the person against
whom the crime is committed.
3. The offender knows him to be a public
authority.
4. His presence has not prevented the offender
from committing the criminal act.
If all the four circumstances enumerated in

this paragraph are present, they have the
weight
of
only
one
aggravating
circumstance.
Is disregard of sex absorbed in treachery?

The aggravating circumstance of
disregard of sex and age are NOT absorbed
in treachery because treachery refers to the
manner of the commission of the crime,
while disregard for sex and age pertains to
the relationship to the victim (P v. Lapaz;
March 31, 1989)
2. That the crime be committed in

the dwelling of the offended party.
REASON for aggravating the commission of the
crime in ones dwelling:
a. The abuse of confidence which the
offended party reposed in the offender
by opening the door to him; or
Knowledge that a public authority is present

is essential.
10

b. The violation of the sanctity of the home
by trespassing therein with violence or
against the will of the owner.
DEFINITIONS
Dwelling - must be a building or structure,
exclusively used for rest and comfort. It
includes dependencies, the foot of the
staircase and enclosure under the house.
3. That the act be committed with obvious

ungratefulness.
The confidence between the offender and
the offended party must be immediate and
personal.
PARAGRAPH 5: PLACES OF COMMISSION
Places:
1. Palace of the Chief Executive;
2. In the presence of the Chief Executive;
3. Where public officers are engaged in the
discharge of their duties;
4. Place dedicated to religious worship.
There must be NO provocation, in order to

consider this AC. By PROVOCATION is
meant, one which is:
1.Given by the owner of the dwelling,
2.Sufficient, and
3.Immediate to the commission of the
crime.
PAR. 2:
CONTEMPT OR
INSULT TO
PUBLIC
AUTHORITIES
NOTE: For this circumstance to be

considered, it is NOT necessary that the
accused should have actually entered the
dwelling of the victim to commit the offense.
It is enough that the victim was attacked
inside his own house, although the assailant
may have devised means to perpetrate the
assault from without.
1. The public
authorities are
performing their
duties outside of
their office.
DWELLING IS NOT AGGRAVATING IN THE

FOLLOWING CASES:
a. When both offender and offended party are
occupants of the same house, even if the
offended party is a servant in the house.
BUT in adultery, it is still aggravating
even if it was also the dwelling of the
unfaithful wife, because of a very grave
offense against the head of the house.
BUT the rule is again different if both the
unfaithful wife and the paramour were
living, and had the right to live, in the
same house of the offended spouse.
2. The public
authority should
not be the
offended party.
PAR. 5: PLACE
WHERE PUBLIC
AUTHORITIES
ARE ENGAGED IN
THE DISCHARGE
OF THEIR DUTIES
1. The public
authorities, who
are in the
performance of
their duties, must
be in their office.
2. The public
authority may be
the offended party.
NOTE: There is a decided case to the effect

that the offender must have the intention to
commit a crime when he entered the place; i.e.
she must have murder in her heart (People v.
Jaurigue, 76 Phil 174). Any of the said places is
not therefore, aggravating, if the crime was
casually committed therein.
b. In robbery by use of force upon things and

trespass to dwelling because dwelling is
inherent.
PARAGRAPH 6: NIGHTTIME; UNINHABITED

PLACE; OR BAND
NIGHTTIME, UNINHABITED PLACE OR
BAND IS AGGRAVATING
1. When it facilitated the commission of the
crime; or
2. When it was especially sought for by the
offender to insure the commission of the
crime or for the purpose of impunity; or
3. When the offender took advantage thereof
for the purpose of impunity.
PARAGRAPH 4: ABUSE OF CONFIDENCE;

OR OBVIOUS UNGRATEFULNESS
REQUISITES OF ABUSE OF CONFIDENCE:
1. That the offended party had trusted the
offender.
2. That the offender abused such trust by
committing a crime against the offended
party.
3. That the abuse of confidence facilitated the
commission of the crime.
DEFINITIONS:
1. For the purpose of impunity - means to
prevent his (accuseds) being recognized, or
to secure himself against detection and
punishment.
2. Nighttime - is the period of darkness
beginning at the end of dusk and ending at
dawn. Nighttime by and of itself is not
necessarily aggravating. TESTS: (1) the
commission of the crime must begin and be
REQUISITES
OF
OBVIOUS
UNGRATEFULNESS:
1. That the offended party had trusted the
offender;
2. That the offender abused such trust by
committing a crime against the offended
party; and
11

accomplished in the nighttime; or (2) the
offense must be actually be committed in the
darkness of the night.
3. An uninhabited place - is one where
there are no houses at all, a place at a
considerable distance from town, or where
the houses are scattered at a great distance
from each other. [TEST OF UNINHABITED
PLACE] But whether or not the crime is
attended by this aggravating circumstance
should be determined not by the distance of
the nearest house from the scene of the
crime, but whether or not in the place of the
commission of the offense there was a
reasonable possibility of the victim receiving
some help. [TEST OF WHETHER OR NOT
AGGRAVATING]
4. BAND - Whenever more than three armed
malefactors shall have acted together in the
commission of an offense, it shall be
deemed to have been committed by a band.
5. Acted together - means direct part in the
execution of the act constituting the crime.
Hence, if one of the four armed men is a
principal by inducement only, they do not
form a band, because a principal by
inducement connotes that he has no direct
participation in the perpetration thereof.
PAR 8 (WITH AID OF ARMED MEN)

VS. PAR. 6 (BY A BAND)
BAND
ARMED MEN
1. requires more 1. AT LEAST 2
than three armed
malefactors
2. shall have acted 2. actual aid is not
together
in
the necessary, sufficient
commission of an even if offenders
merely relied on the
offense.
aid of the armed
men
PARAGRAPH 9: RECIDIVIST
REQUISITES: (CODE: TriPS CONVICTED)
1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;
3. That both the first and the second offenses
are embraced in the same title of the Code;
4. That the offender is convicted of the new
offense.
PARAGRAPH 7: ON OCCASION OF
CALAMITY OR MISFORTUNE
PARAGRAPH 10: REITERACION OR

HABITUALITY
REQUISITES: (CODE: TriPLE CONVICTED)
1. That the accused is on trial for an offense;
2. That he previously served sentence for
another offense to which the law attaches an
equal or greater penalty, or for two or more
crimes to which it attaches lighter penalty
than that for the new offense.
3. That he is convicted of the new offense.
THE REASON for the existence of this

circumstance is found in the debased form of
criminality met in one who, in the midst of a
great calamity, instead of lending aid to the
afflicted, adds to their great suffering by taking
advantage of their misfortune to despoil them.
PARAGRAPH 8: AID OF ARMED MEN, ETC.
RECIDIVISM
REQUISITES:
1. That armed men or persons took part in the
commission of the crime, directly or
indirectly.
2. That the accused availed himself of their aid
or relied upon them when the crime was
committed.
1. It is enough that a
final judgment has
been rendered in
the first offense.
2. Recidivism
requires that the
offenses be
included in the
same title of the
Code.
Exceptions:
1. This aggravating circumstance shall not be
considered when both the attacking party
and the party attacked were equally armed.
2. This aggravating circumstance is not
present when the accused as well as those
who cooperated with him in the commission
of the crime acted under the same plan and
for the same purpose.
Aid of armed men is

employment by a band.
absorbed
There is no recidivism if the subsequent

conviction is for an offense committed
before the offense involved in the prior
conviction.
REITERACION
1. It is necessary that
the offender shall
have served out
his sentence for
the first offense
2. The previous and
subsequent
offenses must
NOT be embraced
in the same title of
the Code
FORMS OF REPETITION
1. Recidivism (Par. 9, Art. 14)
2. Reiteracion or habituality (Par. 10, Art. 14)
3. Multi-recidivism or habitual delinquency (Art.
62, Par. 5)
4. Quasi-Recidivism (Art. 160)
by
12

PARAGRAPH 11: PRICE, REWARD, OR
PROMISE
would enable the offender to carry out

his design.
3. Disguise - involves resort to any device
in order to conceal identity.
When this aggravating circumstance is

present, there must be two or more
principals; the one who gives or offers the
price or promise and the one who accepts it.
The evidence must show that one of the

accused used money or other valuable
consideration for the purpose of inducing
another to perform the deed.
PARAGRAPH 15: SUPERIOR STRENGTH; OR

MEANS TO WEAKEN DEFENSE
1. Superior Strength - To take advantage of
superior strength means to use purposely,
excessive force out of proportion to the
means of defense available to the person
attacked.
When this aggravating circumstance is

present, it affects not only the person who
received the price or the reward, but also the
person who gave it.
PARAGRAPH 12: BY MEANS OF

INUNDATION, FIRE, ETC.
Any of the circumstances in paragraph 12

cannot be considered to increase the
penalty or to change the nature of the
offense unless used by the offender as a
means to accomplish a criminal purpose.
PAR. 12
Under par. 12, the
crime is committed by
means of any of such
acts involving great
waste and ruin.
When there is a direct inducement by

insidious words or machinations, fraud is
present; otherwise, the act of the accused
done in order not to arouse the suspicion of
the victim constitutes craft.
The aggravating circumstance of abuse of

superior strength depends on the age, size,
and strength of the parties.
2. Means to weaken the defense - The

offender employs means to materially
weaken the resisting power of the offended
party.
PAR. 7
Under par.7, the crime
is committed on the
occasion of a calamity
or misfortune.
PARAGRAPH 16: TREACHERY (ALEVOSIA)

There is treachery when the offender
commits any of the crimes against the person,
employing means, methods or forms in the
execution thereof which tend directly and
specially to insure its execution, without risk to
himself arising from the defense which the
offended party might make.
PARAGRAPH 13: EVIDENT PREMEDITATION

The essence of premeditation is that
the execution of the criminal act must be
preceded by cool thought and reflection upon
the resolution to carry out the criminal intent
during the space of time sufficient to arrive at a
calm judgment.
REQUISITES:
1. That at the time of the attack, the victim was
not in a position to defend himself;
2. That the offender consciously adopted the
particular means, method or form of the
attack employed by him.
REQUISITES:
1. Proof of the time when the offender
determined to commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination; and
3. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act
and to allow his conscience to overcome the
resolution of his will.
Killing a child is characterized by treachery,

because the weakness of the victim due to
his tender age results in the absence of any
danger to the accused.
RULES ON TREACHERY:CODE: (PICTA)

1. Applicable only to crimes against persons
2. Means, methods, or forms need not insure
accomplishment of crime.
3. The mode of attack must be consciously
adopted.
4. Must be present at the proper time.
5. Treachery absorbs abuse of superior
strength, aid of armed men, by a band and
means to weaken the defense.
PARAGRAPH 14: CRAFT, FRAUD, OR

DISGUISE
DEFINITIONS:
1. Craft - involves the use of intellectual
trickery or cunning on the part of the
accused.
2. Fraud - involves the use of insidious
words and machination, used to induce
the victim to act in a manner, which
13

SUMMARY OF RULES WHEN TREACHERY IS
PRESENT:
a) When the aggression is continuous,
treachery must be present in the beginning
of the assault (People vs Canete, 44 Phil
478);
b) When the assault was not continuous in that
there was an interruption, it is sufficient that
treachery was present at the moment the
fatal blow was given (US vs Baluyot, 40 Phil
385).
criminals to avail themselves of minors taking

advantage of their irresponsibility; while the
second one is intended to counteract the great
facilities found by modern criminals in said
means to commit crime, and then flee and
abscond once the same is committed.
PARAGRAPH 21: CRUELTY
ESSENCE:
THERE IS CRUELTY when the culprit
enjoys and delights in making his victim suffer
slowly and gradually, causing him unnecessary
physical pain in the consummation of the
criminal act.
PARAGRAPH 17: IGNOMINY

DEFINITIONS:
Ignominy - a circumstance pertaining to the
moral order, which adds disgrace and obloquy to
the material injury caused by the crime.
It must tend to make the effects of the
crime more humiliating or to put the offended
party to shame.
REQUISITES:
1. That the injury caused be deliberately
increased by causing other wrong;
2. That the other wrong be unnecessary for the
execution of the purpose of the offender.
WHERE APPLICABLE:
This aggravating circumstance is applicable to:
1. crimes against chastity;
2. less serious physical injuries;
3. light or grave coercion;
4. and murder.
IGNOMINY VS. CRUELTY

Ignominy (par. 17) involves moral suffering,
while cruelty (par. 21) refers to physical
suffering.
ART. 15 ALTERNATIVE
CIRCUMSTANCES
NOTE:
The
Supreme
Court
considered
ignominy in the crime of rape (People vs.
Torrefiel [45 O.G.8803], US vs. Iglesia [21 Phil
155], People vs. Carmina [193 SCRA 429])
Alternative circumstances are those,

which must be taken into consideration as
aggravating or mitigating, according to the
nature and effects of the crime and the other
conditions attending its commission.
PARAGRAPH 18: UNLAWFUL ENTRY
THE ALTERNATIVE CIRCUMSTANCES ARE:

(CODE: RID)
1. Relationship
2. Intoxication
3. Degree of instruction and education of the
offender
There is unlawful entry when an

entrance is effected by a way not intended for
the purpose. It must be a means to effect
entrance and not for escape.
PARAGRAPH 19: BY A WALL, ROOF,
FLOORDOOR OR WINDOW BE BROKEN
ETC.
1.
RELATIONSHIP
The
alternative
circumstance 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, or relative by affinity in the same
degree, of the offender.
To be considered as an aggravating
circumstance, breaking the door must be
utilized as a means to the commission of the
crime. The circumstance is aggravating only
in those cases where the offender resorted
to any of said means to enter the house. If
broken to get out of the place, it is not an
aggravating circumstance.
PARAGRAPH 20: AID OF MINOR (UNDER

15YEARS); OR BY MEANS OF MOTOR
VEHICLES, ETC.
The relationship of stepfather or stepmother

and stepson or stepdaughter is included by
analogy to that of ascendant and
descendant.
WHEN MITIGATING AND WHEN

AGGRAVATING:
The law is silent as to when mitigating and when
aggravating.
TWO DIFFERENT CIRCUMSTANCES ARE

GROUPED IN THIS PARAGRAPH.
The first one tends to repress the
frequent practice resorted to by professional
14

a. MITIGATING: As a rule, relationship is
mitigating in crimes against property, by
analogy to Art. 332 regarding Persons
exempt from criminal liability.
OF
COURSE in view of Art. 332, when the
crime committed is: (a) theft, (b) estafa,
or (c) malicious mischief, relationship is
exempting, and not merely mitigating.
b. AGGRAVATING: It is aggravating in
crimes against persons in cases where
the offended is a relative of a higher
degree than the offender, or when the
offender and the offended party are
relatives of the same level.
GRAVE AND LESS GRAVE FELONIES:

1. Principals
2. Accomplices
3. Accessories
LIGHT FELONIES:
1. Principals
2. Accomplices
It is aggravating even if offended party is a

descendant, if offense is physical injuries
under Art. 263, except with regard to parents
who inflict injuries to their children by reason
of excessive chastisement.
Two parties in all crimes

1. ACTIVE subject (the criminal)
2. PASSIVE subject (the injured party)
In crimes against chastity, relationship is

always aggravating, regardless of whether
the offender is a relative of a higher or lower
degree of the offended party.
ART. 17. PRINCIPALS

KINDS OF PRINCIPALS
1. PRINCIPAL BY DIRECT PARTICIPATION personally takes part in the execution of the act
constituting the crime
REQUISITES:
1. That they participated in the criminal
resolution;
2 That they carried out their plan and
personally took part in its execution by acts
which directly tended to the same end.
However, relationship is neither mitigating

nor aggravating, when relationship is an
element of the offense.
2. INTOXICATION - By state of intoxication is

meant that the offenders mental faculties must
be affected by drunkenness.
2. PRINCIPAL BY INDUCTION - the principal by

induction becomes liable only when the principal
by direct participation committed the act
induced.
TWO WAYS OF BECOMING A PRINCIPAL
BY INDUCTION:
1. Directly forcing another to commit a crime,
WHEN MITIGATING AND WHEN

AGGRAVATING:
1. Mitigating, if intoxication is (1) not habitual,
or 2) not subsequent to the plan to commit a
felony.
2. Aggravating if intoxication is 1) habitual, or
2) if it is intentional (subsequent to the plan
to commit a felony).
3. DEGREE
OF
INSTRUCTION
EDUCATION OF THE OFFENDER
Two ways of directly forcing another to

commit a crime:
1. by using irresistible force
2. by causing uncontrollable fear
AND
Low degree of instruction and education or

lack of it is generally mitigating.
High
degree of instruction and education is
aggravating, when the offender availed
himself of his learning in committing the
crime.
Lack of instruction or low degree of it, is

appreciated as mitigating circumstance in
almost all crimes. EXCEPT in crimes, which
are inherently wrong, of which every rational
being is endowed to know and feel.
The classification of the offenders as

principal, accomplice, or an accessory is
true only under the RPC but not in the
special laws because the penalties under
the latter are not graduated.
2. Directly inducing another to commit a

crime
Two ways of directly inducing another to
commit a crime:
1. by giving price, or offering reward or
promise
2. by using words of command
REQUISITES of #1 (Principal by
inducement, through giving price, etc):
In order that a person maybe
convicted as a principal by inducement,
the following requisites must be present1. that the inducement be made
directly with the intention of
procuring the commission of the
crime; and
ART. 16. PERSONS WHO ARE

CRIMINALLY LIABLE
15

REQUISITES:
1. Participation in the criminal resolution,
that is, there is either anterior
conspiracy or unity of criminal purpose
and intention immediately before the
commission of the crime charged; and
2. Cooperation in the commission of the
offense by performing another act,
without which it would not have been
accomplished
2. that such inducement be the

determining
cause
of
the
commission of the crime by the
material executor
REQUISITES of #2 (Principal by
inducement,
through
words
of
command):
In order that a person using words
of command maybe held liable, the
following requisites must be present--1. That the one uttering the words of
command must have the intention of
procuring the commission of the
crime
2. That the one who made the
command
must
have
an
ascendancy or influence over the
person who acted
3. That the words used must be so
direct, so efficacious, so powerful as
to amount to physical or moral
coercion
4. The words of command must be
uttered prior to the commission of
the crime
5. The material executor of the crime
has no personal reason to commit
the crime
Principal by
Inducement
1. Becomes liable
only when the
crime is committed
by the principal by
direct participation
3. Inducement
involves any
crime.
COLLECTIVE CRIMINAL RESPONSIBILITY

(WHEN THERE IS CONSPIRACY)
There is collective criminal responsibility
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.
INDIVIDUAL CRIMINAL RESPONSIBILITY
(WHEN THERE IS NO CONSPIRACY)
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.
ART. I8. ACCOMPLICES

REQUISITES:
CODE: (COMMUNITY COOPERATES
previous supply RELATION)
1. That there be community of design; that is,
knowing the criminal design of the principal
by direct participation, he concurs with the
latter in his purpose;
2. That he cooperates in the execution of the
offense by previous or simultaneous acts,
but does not render him a principal by direct
participation
or
by
indispensable
cooperation; and
3. That there be a relation between the acts
done by the principal and those attributed to
the person charged as accomplice.
Offender who made

Proposal to Commit a
Felony
2. The mere proposal
to commit a felony
is punishable in
treason or
rebellion; the
person to whom
the proposal is
made should not
commit the crime,
otherwise, the
proponent
becomes a
principal by
inducement
2. The proposal must
involve only
treason or
rebellion
ART. 19. ACCESSORIES
SPECIFIC ACTS OF ACCESSORIES:

(CODE: PROFIT, CONCEAL, HARBOR)
1. By profiting themselves or assisting the
offender to profit by the effects of the crime
2. By concealing or destroying the body of the
crime to prevent its discovery
3. By harboring, concealing or assisting in the
escape of the principal of the crime
EFFECT OF ACQUITTAL OF ONE OF THE

CO-CONSPIRATORS TO THE OTHER COCONSPIRATORS:
As a rule, the acquittal of one of the coconspirators redounds to the benefit of the other
co-conspirators EXCEPT when the acquittal is
due to circumstances personal to the accused.
2. PRINCIPALS
BY
COOPERATION
An accessory must have knowledge of the

commission of the crime and having
knowledge he took part subsequent to its
commission
2
CLASSES
OF
ACCESSORIES
CONTEMPLATED IN PAR. 3 OF ART. 19
(i.e., HARBORING, etc):
(a)
Public officers who harbor, conceal
INDISPENSABLE
16

or assist in the escape of the principal of
any crime (not light felony) with abuse of
his functions
()b Private persons who harbor, conceal or
assist in the escape of the author of the
crime guilty of treason, parricide,
murder, or an attempt against the life of
the President, or who is known to be
habitually guilty of some other crime
Different juridical conditions of penalty:

1. Productive of suffering, without however
affecting the integrity of the human
personality
2. Commensurate with the offense different
crimes must be punished with different
penalties
3. Personal no one should be punished for
the crime of another
4. Legal it is the consequence of a judgment
according to law
5. Certain no one may escape its effects
6. Equal for all
7. Correctional
Under paragraphs 1 and 2, the accomplice

and the accessory may be tried and
convicted even before the principal is found
guilty. However, under paragraph 3
(harboring), the crime committed by and the
identity of the principal must be established
in a trial. (Ppl vs Barlam CA,59 O.G. 2474;
Ppl vs Ramos CA,62 O.G. 6860; Ppl vs Gaw
Lin CA,63 O.G. 3821)
Theories justifying penalty:

1. Self-defense to protect society from the
threat and wrong inflicted by the criminal
2. Reformation to correct and reform the
offender
3. Exemplarity to serve as an example to
deter others from committing crimes
4. Justice an act of retributive justice, a
vindication of absolute right and moral law
violated by the criminal
ACCESSORY VS. PRINCIPAL AND

ACCOMPLICE
1. The accessory does not take part or
cooperate in, or induce, the commission of
the crime;
2. The accessory does not cooperate in the
commission of the offense by acts prior
thereto or simultaneous therewith;
3. The participation of the accessory in all
cases always takes place after the
THREE-FOLD PURPOSE OF THE PENALTY

UNDER THE RPC:
1. Retribution or expiation the penalty is
commensurate with the gravity of the
offense
2. Correction or reformation- as shown by the
rules which regulate the execution of the
penalties consisting in deprivation of liberty
3. Social defense shown by its inflexible
severity to
recidivists
and habitual
delinquents
ART. 20. ACCESSORIES WHO ARE

EXEMPT FROM CRIMINAL LIABILITY
SITUATIONS WHERE ACCESSORIES ARE
NOT CRIMINALLY LIABLE:
1. When the felony committed is a light felony;
and
2. When the accessory is related to the
principal as spouse, or as an ascendant, or
descendant or as a brother or sister,
whether legitimate, natural, or adopted, or
where the accessory is a relative by affinity
within the same degree, unless the
accessory himself profited from the effects
or proceeds of the crime or assisted the
offender to profit thereon.
ART. 22. RETROACTIVE EFFECT OF

PENAL LAWS
GENERAL RULE:
PROSPECTIVE APPLICATION
EXCEPTION:
WHEN FAVORABLE TO THE ACCUSED WHO
IS NOT A HABITUAL CRIMINAL
AN EX POST FACTO LAW IS ANY ONE
WHICH: (CODE: CAPE Civil Protection)
1. Makes criminal an act done before the
passage of the law, and which was innocent
when done, and punishes such an act;
2. Aggravates a crime, or makes it greater than
it was, when committed;
3. Changes the punishment and inflicts a
greater punishment than the law annexed to
the crime when committed;
4. Alters the legal rules of evidence, and
authorizes conviction upon less or different
testimony that the law required at the time of
the commission of the offense;
5. Assuming to regulate civil rights and
remedies only, in effect imposes penalty or
deprivation of a right for something which
PD 1829: Penalizes the act of any person who

knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of
suspects and the investigation and
prosecution of criminal cases. NOTE: The
benefit of the above mentioned exception in
Article 20 of the RPC does not apply to
PD1829.
PENALTIES
DEFINITION:
Penalty - is the suffering that is inflicted by the
State, for the transgression of a law; in its
general sense, it signifies pain.
17

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
b. Indivisible. These are:

1. Death;
2. Reclusion Perpetua;
3. Perpetual absolute disqualification;
4. Public censure.
ART. 23. EFFECT OF PARDON BY THE

OFFENDED PARTY
2. Accessory penalties those that are

deemed included in the imposition of the
principal penalties
As a rule, a pardon by the offended

party does not extinguish criminal action, except
as provided under Art. 344 of RPC.
This article classifies penalties according to

their gravity:
1. Capital
2. Afflictive
3. Correctional
4. Light
Two classes of injuries caused by an

offense:
SOCIAL INJURY
PERSONAL INJURY
1. Produced by the 1. Caused to the
disturbance
and
victim of the crime,
alarm
who
suffered
damage
2. Repaired through 2. Repaired through
the imposition of
indemnity which is
the corresponding
civil in nature
penalty
3. The offended party 3. The offended party
cannot pardon the
may waive it and
offender so as to
the state has no
relieve him of the
reason to insist on
penalty
its payment
This corresponds to the classification of

felonies according to their gravity under Art.
9:
1. Grave
2. Less grave
3. Light
ART. 29. PERIOD OF PREVENTIVE

IMPRISONMENT
DEDUCTED
FROM
TERM OF IMPRISONMENT
OFFENDERS NOT ENTITLED TO THE FULL
TIME OR FOUR-FIFTHS OF THE TIME OF
PREVENTIVE IMPRISONMENT:
1. Recidivists or those convicted previously
twice or more times of any crime.
2. Those who upon being summoned for the
execution of their sentence, failed to
surrender voluntarily
ART. 24. MEASURES OF PREVENTION

OR
SAFETY
WHICH
ARE
NOT
CONSIDERED PENALTIES THE FOLLOWING ARE NOT CONSIDERED
PENALTIES:
1. The 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 of the
institutions mentioned in Art. 80 (now Art.
192 PD603) for the purposes specified
therein;
3. Suspension from the employment or public
office during the trial or in order to institute
proceedings;
4. Fines and other corrective measures which,
in the exercise of their administrative
disciplinary powers, superior officials may
impose upon their subordinates; and
5. Deprivation of rights and reparations which
the civil laws may establish in penal form.
ARTS. 30 35. EFFECTS OF PENALTIES

ART. 36. PARDON; ITS EFFECTS
EFFECTS OF PARDON BY THE PRESIDENT
1. A pardon shall not restore the right to hold
public office or the right of suffrage.
EXCEPT; when any or both such rights is or
are expressly restored by the terms of the
pardon;
2. It shall not exempt the culprit from the
payment of the civil indemnity.
LIMITATIONS UPON THE EXERCISE OF
THE PARDONING POWER
1. That the power can be exercised only after
conviction;
2. That such power does not extend to cases
of impeachment.
ART. 25. PENALTIES WHICH MAY BE

IMPOSED
CLASSIFICATION OF PENALTIES:
1. Principal penalties those expressly
imposed by the court in the judgment of
conviction.
Principal Penalties According to Divisibility:

a. Divisible
A presidential pardon affects only the

principal penalty and not the accessory
penalties, unless the same are expressly
remitted in the pardon.
18

the instruments or tools used in the
commission of the crime
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 who is 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 a
third person) shall be destroyed
Pardon by the Chief

Executive
1. Extinguishes the
criminal liability of
the offender
2.
3.
Pardon by the
Offended Party
1. Does NOT
extinguish the
criminal liability of
the offender
2. Offended party can
Cannot include
waive the civil
civil liability which
liability which the
the offender must
offender must pay
pay
3. Pardon should be
Granted only
given BEFORE THE
AFTER
INSTITUTION of
CONVICTION,
criminal
and may be
prosecution, and
extended to any of
must extend to
the offenders
both/all offenders
APPLICATION OF PENALTIES
ART. 46. PENALTY TO BE IMPOSED
UPON PRINCIPALS IN GENERAL
GRADUATION OF PENALTIES:
1. BY DEGREES refers to (1) the stages of
execution (consummated, frustrated, or
attempted); and (2) the degree of the
criminal participation of the offender
(whether as principal, accomplice, or
accessory).
2. 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
ART. 37. COSTS WHAT ARE

INCLUDED
The following are included in costs:
1. Fees, and
2. Indemnities, in the course
proceedings
of
judicial
ART. 38. PECUNIARY LIABILITIES

ORDER OF PAYMENT
In case the property of the offender should
not be sufficient for the payment of all his
pecuniary liabilities, the same shall be met in the
following:
1. The reparation of the damage caused.
2. Indemnification
of
the
consequential
damages.
3. Fine.
4. Costs of proceedings.
ART. 47. IN WHAT CASES THE DEATH

PENALTY SHALL NOT BE
IMPOSED
DEATH PENALTY IS NOT IMPOSED IN THE
FOLLOWING CASES:
1. UNDER AGE. When the offender is below
18 years of age at the time of the
2. OVER AGE. When the guilty person is more
than seventy (70) years of age
3. NO COURT MAJORITY. When upon appeal
or automatic review of the case by the
Supreme Court, the vote of eight members
is not obtained for the imposition of the
death penalty.
ART. 39. SUBSIDIARY PENALTY

Subsidiary penalty - 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, subject to the
rules provided in Art. 39.
There is no subsidiary penalty for nonpayment of (a) the reparation of the damage
caused,
(b)
indemnification
of
the
consequential damages, and (c) the cost of
the proceedings.
Subsidiary penalty is not an accessory

penalty, hence it must be specifically
imposed by the court in its judgment.
Automatic Review is available only in

cases where death penalty is imposed
(RA 7659).
CRIMES PUNISHABLE BY DEATH UNDER RA

7659
CODE:
(MURDER CARNAPPING TRIPP QQD PARK)
1. Murder
2. Carnapping
3. Treason
4. Rape
5. Infanticide
6. Plunder
7. Parricide
ART.
45.
CONFISCATION
AND
FORFEITURE OF THE PROCEEDS OR
INSTRUMENTS OF THE CRIME
OUTLINE OF THE PROVISION OF THIS
ARTICLE:
1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and
19

8. Qualified Piracy
9. Qualified Bribery
10. Violation of Certain provisions of the
Dangerous Drugs Act
11. Piracy in general and Mutiny on the High
Seas or in the Philippines Waters
12. Destructive Arson
13. Robbery
with
Violence
Against
or
Intimidation of Persons
14. Kidnapping and Serious Illegal Detention
4. When the crimes are covered by the rules

on absorption
5. When the crimes involved cannot be legally
complexed such as when the penal
provision specially provides that the penalty
for other felonies shall be in addition to the
penalty imposed by this article.
6. Where one of the offenses is penalized by a
special law
CONTINUED CRIME is a single crime,
consisting of a series of acts, but all arising from
ONE CRIMINAL RESOLUTION; length of time in
the commission is immaterial.
ART. 48. COMPLEX CRIMES

Plurality of Crimes - consists in the successive
execution, by the same individual, of different
criminal acts, upon any of which no conviction
has yet been declared
Real or Material
Plurality
1. There is a series
of acts performed
by the offender
2. Each act
performed by the
offender
constitutes a
separate crime,
each act is
generated by a
criminal impulse
TWO TYPES OF PLURALITY OF CRIMES:

1. Formal or Ideal involves the same criminal
intent resulting in two or more crimes but for
which there is only one criminal liability.
Ex: complex crimes under Art. 48
2. Material or real refers to different criminal
intents resulting in two or more crimes for
each of which, the accused incurs criminal
liability.
Ex: falsification to conceal malversation
COMPLEX CRIME
TWO KINDS OF COMPLEX CRIMES:

1. COMPOUND CRIME (delito compuesto)
a single act constitutes two or more grave
or less grave felonies.
REQUISITES:
1. That only a single act is performed
by the offender;
2. That the single act produces: (1)
two or more grave felonies, or (2)
one or more grave and one or more
less grave felonies, or (3) two or
more less grave felonies.
1. The combination is
generalized, that
is, grave and/or
less grave; one
offense
is
necessary
to
commit the other
2. The penalty for the
crime
is
not
specific but for the
most
serious
offense
in
the
maximum period.
2. COMPLEX CRIME PROPER (delito

complejo) an offense is a necessary
means for committing the other.
REQUISITES:
1. That at least two offenses are
committed;
2. That one or some of the offenses
must be necessary to commit the
other;
3. That both or all of the offenses must
be punished under the same
statute.
Continued Crime
1. There is a series of
acts performed by
the offender
2. The different acts
constitute only one
crime, all of the
acts performed
arise from one
criminal resolution
SSPECIAL COMPLEX
CRIME
1. The combination of
the offenses are
fixed by law, e.g.,
robbery with rape
2. The penalty for the

specified
combination
of
crimes
is also
specific.
ART. 59. PENALTY TO BE IMPOSED IN

CASE OF FAILURE TO COMMIT THE
CRIME
BECAUSE
THE
MEANS
EMPLOYED OR THE AIMS SOUGHT ARE
IMPOSSIBLE
BASIS FOR THE IMPOSITION OF PROPER
PENALTY:
1. Social danger; and
2. Degree of criminality shown by the offender
NO COMPLEX CRIME IN THE FOLLOWING

CASES:
1. In case of a continued crime
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.
ART. 61. RULES OF GRADUATING

PENALTIES
Art. 61 furnishes the graduation of
penalties by degrees, while Art. 64 govern the
graduation of penalties by periods.
20

DIAGRAM OF THE APPLICATION OF ARTS.

50 TO 57:
Prin
Accom
Access
CONSUM
MATED
FRUSTRA
TED
ATTEMPTED
0
1
2
1
2
3
2
3
4
As to the
PERIOD of
time the
crimes are
committed
As to the
NUMBER of
crimes
committed
In this diagram, O 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. 64.
The other figures
represent the degrees to which the penalty must
be lowered, to meet the different situations
anticipated by law.
As to their
EFFECTS
OUTLINE OF THE RULES:

1. When the penalty is single indivisible, it shall
be applied regardless of any 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.
EFFECTS:
1. Aggravating circumstances (generic and
specific) have the effect of increasing the
penalty, without however exceeding the
maximum period provided by law
2. Mitigating circumstances have the effect of
diminishing the penalty
3. 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
REQUISITES OF HABITUAL DELINQUENCY:
CODE:(Convicted-CommittedConvictedCommittedConvicted)
1. that the offender had been convicted of any
of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or
falsification (CODE: FRETSL)
2. that after conviction or after serving his
sentence, he again committed, and, within
10 years from his release or first conviction,
he was again convicted of any of the said
crimes for the second time
3. that after his conviction of, or after serving
sentence for the second offense, he again
committed, and, within 10 years from his last
release or last conviction, he was again
convicted of any of said offenses, the third
time or oftener.
As to the
CRIMES
committed
1. The crimes are

specified
4. If not offset by a
mitigating
circumstance,
serves to increase
the penalty only to
the maximum
ART. 63. RULES FOR THE APPLICATION

OF INDIVISIBLE PENALTIES
ART.
62.
EFFECTS
OF
THE
ATTENDANCE OF MITIGATING OR
AGGRAVATING CIRCUMSTANCES AND
OF HABITUAL DELINQUENCY
Habitual
Delinquency
2. The offender is
found guilty within
ten years from his
last release or
last conviction
3. The accused
must be found
guilty the third
time or oftener of
the crimes
specified
4. An additional
penalty is also
imposed
another crime
embraced in the
same title
2. No period of time
between the
former conviction
and the last
conviction
3. The second and
the first offense is
found in the same
title
ART. 64. RULES FOR THE APPLICATION

OF PENALTIES, WHICH CONTAIN THREE
PERIODS
OUTLINE OF THE RULES:
1. No aggravating, no mitigating- medium
period.
2. Only a mitigating circumstance- minimum
period.
3. Only an aggravating- maximum period.
CASES IN WHICH MITIGATING AND
AGGRAVATING CIRCUMSTANCES ARE NOT
CONSIDERED IN THE IMPOSITION OF
PENALTY:
1. When the penalty is single and indivisible
(except if privileged mitigating)
2. In felonies through negligence
3. The penalty to be imposed upon a Moro or
other non-Christian inhabitants
4. When the penalty is only a fine imposed by
an ordinance
5. When the penalties are prescribed by
special laws
Recidivism
1. It is sufficient that
the accused on
the date of his
trial, shall have
been previously
convicted by final
judgment of
21

ART. 66. IMPOSITION OF FINES
The lesser penalties are absorbed by

the graver penalties.
OUTLINE OF THE PROVISION:

1. The court can fix any amount of the fine
within the limits established by law.
2. The court must consider: (1) the mitigating
and aggravating circumstances; and (2)
more particularly, the wealth or means of the
culprit.
3. The court may also consider: (1) the gravity
of the crime committed; (2) the heinousness
of its perpetration; and (3) the magnitude of
its effects on the offenders victims.
ART. 72.
PREFERENCE IN
PAYMENT OF CIVIL LIABILITIES
THE
Civil liability is satisfied, by following the

chronological order of the dates of the final
judgments.
ART. 77. WHEN THE PENALTY IS A

COMPLEX ONE COMPOSED OF THREE
DISTINCT PENALTIES
DEFINITION:
A complex penalty is a penalty prescribed by
law composed of three distinct penalties, each
forming a period: the lightest of them shall be
the minimum, the next the medium, and the
most severe the maximum period.
ART. 68. PENALTY TO BE IMPOSED

UPON A PERSON UNDER EIGHTEEN
YEARS OF AGE
APPLICATION OF ART. 68:
This article is not immediately applicable to a
minor under 18 years of age, because such
minor, if found guilty of the offense charged,
is not sentenced to any penalty. The
sentence is suspended and he is ordered
committed to the reformatory institution, IF,
his application therefor is approved by the
court.
This article applies to such minor if his
application for suspension of sentence is
DISAPPROVED OR if while in the
reformatory
institution
he
becomes
INCORRIGIBLE, in which case he shall be
returned to the court for the imposition of the
proper penalty.
INDETERMINATE SENTENCE LAW

Act No. 4103 as amended by Act No. 4225
INDETERMINATE SENTENCE is a sentence
with a minimum term and a maximum term
which, the court is mandated to impose for the
benefit of a guilty person who is not disqualified
therefor, when the maximum imprisonment
exceeds one (1) year. It applies to both
violations of Revised Penal Code and special
penal laws.
I.
IF THE PENALTY IS IMPOSED BY THE

RPC:
a. The Maximum Term is that which could
be properly imposed under the RPC,
considering the aggravating and mitigating
circumstances,
b. The Minimum Term is within the range
of the penalty one degree lower than that
prescribed by the RPC, without considering
the circumstances,
BUT when there is a privileged mitigating

circumstance, so that the penalty has to be
lowered by one degree, the STARTING
POINT for determining the minimum term of
the indeterminate penalty is the penalty next
lower than that prescribed by the Code for
the offense.
ART. 70. SUCCESSIVE SERVICE OF

SENTENCE
THE THREE-FOLD RULE
1. THE MAXIMUM DURATION OF THE
CONVICTS SENTENCE shall not be more
than three times the length of time
corresponding to the most severe of the
penalties imposed upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict is
to serve 4 or more sentences successively.
4. Subsidiary penalty forms part of the penalty.
DIFFERENT SYSTEMS OF PENALTY,
RELATIVE TO THE EXECUTION OF TWO OR
MORE PENALTIES IMPOSED ON ONE AND
THE SAME ACCUSED
1. material accumulation system
No limitation whatever, and accordingly,
all the penalties for all the violations were
imposed even if they reached beyond the
natural span of human life.
2. juridical accumulation system
Limited to not more than three-fold the
length of time corresponding to the most severe
and in no case to exceed 40 years. This is
followed in our jurisdiction.
3. absorption system
II. IF THE PENALTY IS IMPOSED BY A

SPECIAL PENAL LAW
SIMPLY for special laws, it is anything within

the inclusive range of the prescribed penalty.
Courts are given discretion and the
circumstances are not considered.
B. WHEN BENEFIT OF THE ISLAW IS NOT

APPLICABLE
The Indeterminate Sentence Law shall not apply
to the following persons:
22

1. sentenced to death penalty or life
imprisonment
2. treason, or conspiracy or proposal to commit
treason
3. misprision of treason, rebellion, sedition or
espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded
sentence
7. granted with conditional pardon by the
President, but violated the terms thereof
8. maximum term of imprisonment do not
exceeding 1 year
9. sentenced to the penalty of destierro or
suspension only
2. But when the paroled prisoner violates any of

the conditions of his parole during the period
of surveillance, he may be rearrested to
serve the remaining unexpired portion of the
MAXIMUM sentence.
3. Even if a prisoner has already served the
MINIMUM, but he is not fitted for release on
parole, he shall continue to serve until the
end of the MAXIMUM term.
THE CHILD AND YOUTH WELFARE

CODE
1. The purpose of Arts. 189 and 192 of the
Child and Youth Welfare Code is to avoid a
situation where JUVENILE OFFENDERS
would commingle with ordinary criminals in
prison.
2. 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.
3. The court may not pronounce judgment of
conviction and SUSPEND all further
proceedings if, upon application of the
youthful offender, it finds that the best
interest of the public and that of the offender
will be served thereby.
4. The benefits of Article 192 of PD 603, as
amended, providing for suspension of
sentence, shall NOT APPLY TO (1) a
youthful offender who once enjoyed
suspension of sentence under its provisions,
or (2) one who is convicted of an offense
punishable by death or life imprisonment.
5. 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 willfully failed to
comply with the conditions of his
rehabilitation programs; or (3) when his
continued stay in the training institution
would be inadvisable.
6. When the youthful offender has reached the
age of TWENTY-ONE while in commitment,
the court shall determine whether
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
To PRONOUNCE the judgment of
conviction, if the conditions mentioned
are not met.
7. In the latter case, the convicted offender
may apply for PROBATION. In any case,
the youthful offender shall be credited in the
service of his sentence with the full time
spent in actual commitment and detention.
8. The final release of a youthful offender
based on good conduct as provided in Art.
196 shall not obliterate his CIVIL LIABILITY
for damages
9. A minor who is ALREADY AN ADULT at the
C. RELEASE OF THE PRISONER ON

PAROLE
The Board of Pardons and Parole may authorize
the release of a prisoner on parole, after he shall
have served the minimum penalty imposed on
him, provided that:
a. Such prisoner is fitted by his training for
release,
.b There is reasonable probability that he will
live and remain at liberty without violating
the law,
.c Such release will not be incompatible with
the welfare of society.
D. ENTITLEMENT TO FINAL RELEASE AND
DISCHARGE
If during the period of surveillance such paroled
prisoner shall: (a) show himself to be a lawabiding citizen and, (b) shall not violate any law,
the Board may issue a final certification of
release in his favor, for his final release and
discharge.
E. SANCTION FOR VIOLATION OF
CONDITIONS OF THE PAROLE
When the paroled prisoner shall violate any of
the conditions of his parole: (a) the Board may
issue an order for his arrest, and thereafter, (b)
the prisoner shall serve the remaining unexpired
portion of the maximum sentence for which he
was originally committed to prison.
F. REASONS FOR FIXING THE MAXIMUM
AND
MINIMUM
TERMS
IN
THE
INDETERMINATE SENTENCE
The minimum and the maximum terms in the IS
must be fixed, because they are the basis for the
following:
1. Whenever a prisoner has: (a) served the
MINIMUM penalty imposed on him, and (b) is
fit for release as determined by the Board of
Indeterminate Sentence, such Board may
authorize the release of the prisoner on
parole, upon terms and conditions prescribed
by the Board.
23

time of his conviction is not entitled to a
suspension of sentence
G. DISQUALIFIED OFFENDERS:
THE BENEFITS OF THIS DECREE SHALL NOT
BE EXTENDED TO THOSE:
1. Sentenced to serve a maximum of
imprisonment of more than 6 years.
2. Convicted of subversion or any crime against
the national security or the public order.
3. Previously convicted by final judgment of an
offense punished by imprisonment of not less
than 1 month and 1 day and/or a fine not more
than P200.
4. Once placed on probation.
PROBATION LAW OF 1976:

PD 968, AS AMENDED
A. CONCEPT
PROBATION is a disposition under which a
defendant after conviction and sentence is
released subject to conditions imposed by the
court and to the supervision of a probation
officer.
B. APPLICATION
This shall apply to all offenders except those
entitled to benefits under PD 603 and similar
laws.
H. CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
.1Mandatory 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 courts may
additionally impose on the probationer
towards his correction and rehabilitation
outside
prison.
HOWEVER,
the
enumeration is not inclusive.
Probation
statutes are liberal in character and enable
the courts to designate practically ANY term
it chooses, as long as the probationers
Constitutional rights are not jeopardized.
Also, they must not be unduly restrictive of
probationer, and not incompatible with the
freedom of conscience of probationer.
C. RULES ON GRANT OF PROBATION

1. After having convicted and sentenced a
defendant, the trial court MAY SUSPEND
the execution of the sentence, and place the
defendant
on
probation,
upon
APPLICATION by the defendant within the
period for perfecting an appeal.
2. Probation may be granted whether the
sentence imposes a term of imprisonment or
a fine only.
3. NO application for probation shall be
entertained or granted if the defendant has
PERFECTED AN APPEAL from the
judgment of conviction.
4. Filing of application for probation operates
as a WAIVER OF THE RIGHT TO APPEAL.
5. The application shall be filed with the trial
court, and the order granting or denying
probation shall NOT BE APPEALABLE.
6. Accessory penalties are deemed suspended
once probation is granted.
I. PERIOD OF PROBATION
FOR HOW LONG MAY A CONVICT BE
PLACED ON PROBATION?
.1 If the convict is sentenced to a term of
imprisonment of NOT more than one year,
the period of probation shall not exceed two
years.
2. In all other cases, if he is sentenced to more
than one year, said period shall not exceed
six years.
3. When the sentence imposes a fine only and
the offender is made to serve subsidiary
imprisonment, the period of probation shall
be twice the total number of days of
subsidiary imprisonment.
D. 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.
E. 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.
J.
ARREST OF PROBATIONER
AND SUBSEQUENT DISPOSITIONS.
1. At any time during probation, the court may
issue a warrant for the ARREST of a
probationer for any serious violation of the
conditions of probation.
2. If violation is established, the court may (a)
REVOKE his probation, or (b) continue his
F. PROBATION SHALL BE DENIED IF THE

COURT FINDS THAT:
CODE: (CoRD)
1. Offender is in need of correctional treatment
2. There is undue risk of committing another
crime
3. Probation will depreciate the seriousness of
the offense committed
24

probation and MODIFY the conditions
thereof. This order is not appealable.
3. If revoked, the probationer shall SERVE the
sentence originally imposed.
extinguishes the penalty and all its effects.

Amnesty is an act of the sovereign power
granting oblivion or a general pardon for a
past offense, and is rarely if ever exercised
in favor of a single individual, and is usually
exerted in behalf of certain classes of
persons who are subject to trial but have not
yet been convicted.
4. By ABSOLUTE PARDON; Pardon is an
act of grace, proceeding from the power
entrusted with the execution of the laws,
which exempts the individual on whom it is
bestowed from the punishment the law
inflicts for the crime he has committed.
K. TERMINATION OF PROBATION
The Court may order the final discharge of
the probationer upon finding that, he has
fulfilled the terms and conditions of his
probation.
L. EFFECTS OF TERMINATION OF
PROBATION
1. Case is deemed terminated.
2. Restoration of all civil rights lost or
suspended.
3. Fully discharges liability for any fine
imposed.
PARDON
Note that the probation is NOT coterminous

with its period. There must first be an order
issued by the court discharging the
probationer.
ART. 83.
SUSPENSION OF THE
EXECUTION OF THE DEATH SENTENCE
Death sentence shall be suspended when the
accused is a:
1. Woman, while pregnant;
2. Woman, within one (1) year after delivery;
3. Person over seventy (70) years of age;
4. Convict who becomes insane, after final
sentence of death has been pronounced.
To
whom
granted
1. Includes any
crime and is
exercised
individually by the
President
When
exercised
2. Exercised
when the person is
already convicted
Effects
3. Merely looks
FORWARD and
relieves the
offender from the
consequences of
an offense of which
he has been
convicted; it does
not work for the
restoration of the
rights to hold public
office, or the right of
suffrage, unless
such rights be
expressly restored
by means of
pardon
4. Does not alter
the fact that the
accused is a
recidivist as it
produces only the
extinction of the
personal effects of
the penalty
5. Does not
extinguish the civil
liability of the
offender
6. Being a
PRIVATE ACT by
the President, must
be pleaded and
proved by the
person pardoned
ART. 87. DESTIERRO

ONLY IN THE FOLLOWING CASES IS
DESTIERRO IMPOSED:
CODE: (E-BCP)
1. Death or serious physical injuries is caused
or
are
inflicted,
under
exceptional
circumstances (Art. 247);
2. Failure to give bond for good behavior in
grave and light threats (Art. 284);
3. Penalty for the concubine in concubinage
(Art. 334);
4. When, after reducing the penalty by one or
more degrees, destierro is the proper
penalty
Although destierro does not constitute

imprisonment, it is nonetheless a deprivation
of liberty. Art. 29 is applicable in destierro.
ART. 89. HOW CRIMINAL LIABILITY IS

TOTALLY EXTINGUISHED
CRIMINAL
LIABILITY
IS
TOTALLY
EXTINGUISHED: CODE(D SAAPP M)
1. By the DEATH of the convict as to personal
penalties; BUT as to pecuniary penalties,
liability is extinguished only when the death
of the offender occurs before final judgment;
2. By SERVICE OF SENTENCE;
3. By
AMNESTY,
which
completely
As a
matter
of
evidence
AMNESTY
1. A blanket
pardon to classes
of persons or
communities who
may be guilty of
political offenses
2. May be
exercised even
before trial or
investigation is had
3. Looks
BACKWARD and
abolishes and puts
into oblivion the
offense itself; it so
overlooks and
obliterates the
offense with which
he is charged that
the person released
by amnesty stands
before the law
precisely as though
he had committed
no offense
4. Makes an exconvict no longer a
recidivist, because
it obliterates the last
vestige of the crime
5. Does not
extinguish the civil
liability of the
offender
6. Being by
Proclamation of the
Chief Executive
with the
concurrence of
Congress, is a
PUBLIC ACT of
25

which the courts
should take notice
provisions of the
Administrative
Code
5. By PRESCRIPTION OF THE CRIME;

Prescription of the Crime is the forfeiture
or loss of the right of the State to prosecute
the offender, after the lapse of a certain
time.
PENALTIES AND THEIR PRESCRIPTIVE
PERIODS
PENALTIES AND
PRESCRIPTIVE
OFFENSES
PERIOD
Death, Reclusion
20 years
Perpetua, Reclusion
Temporal
Afflictive Penalties
15 years
Correctional penalties
10 years
Arresto Mayor
5 years
Libel or other similar
1 year
offenses
Oral Defamation and
6 months
Slander by Deed
Light Offenses
2 months
2. For violation of the

conditional pardon,
the convict may be
ordered rearrested or reincarcerated by
the Chief
Executive, or may
be PROSECUTED
under Art. 159 of
the Code
5. by PROBATION. Please see Probation Law.
ART. 91.
COMPUTATION OF
PRESCRIPTION OF OFFENSES
SUMMARY OR RULES:
1. The period of prescription shall commence
to run from the day on which the crime was
discovered by the offended party, the
authorities, or their agents.
2. It shall be interrupted by the filing of the
complaint or information.
3. It shall commence to run again when such
proceedings terminate without the accused
being convicted or acquitted, or are stopped
for any reason not imputable to him.
4. The term or prescription will not run when
the offender is absent from the Philippines.
6. By PRESCRIPTION OF THE PENALTY;

Prescription of the Penalty is the loss or
forfeiture of the right of the Government to
execute the final sentence, after the lapse of
a certain time
Conditions necessary:
a.That there be final judgment;
b.That the period of time prescribed by law
for its enforcement has elapsed
Usually caused by Evasion of Service of
sentence
ART. 100.
CIVIL LIABILITY
PERSON GUILTY OF FELONY
7. By THE MARRIAGE OF THE OFFENDED

WOMAN with the offender in the crimes of
rape, abduction, seduction, and acts of
lasciviousness.
In the crimes of rape,
seduction,
abduction,
or
acts
of
lasciviousness, the marriage, as provided
under Art. 344, must be contracted by the
offender in good faith.
OF A
A CRIME HAS A DUAL CHARACTER:

1. As an offense against the State, because of
the disturbance of the social order; and
2. As an offense against the private person
injured by the crime, UNLESS it involves the
crime of treason, rebellion, espionage,
contempt, and others wherein no civil liability
arises on the part of the offender, either
because there are no damages to be
compensated or there is no private person
injured by the crime
CRIMINAL
LIABILITY
IS
PARTIALLY
EXTINGUISHED:
1. By CONDITIONAL PARDON;
2. By COMMUTATION OF THE SENTENCE;
3. For GOOD CONDUCT ALLOWANCES
which the culprit may earn while he is
serving sentence;
4. By PAROLE;
Conditional
Pardon
1. May be given at
any time after final
judgment; is
granted by the
Chief Executive
under the
and Parole under

the provision of the
Indeterminate
Sentence Law
2. For violation of the
terms of the
parole, the convict
CANNOT BE
PROSECUTED
UNDER ART. 159
of the RPC, he can
be re-arrested and
re-incarcerated to
serve the unserved
portion of his
original penalty
ART. 102 SUBSIDIARY LIABILITY OF INN

KEEPERS, TAVERNKEEPERS AND
PROPRIETORS OF ESTABLISHMENTS
ELEMENTS under par. 1:
1. That the innkeeper, tavernkeeper or
proprietor of establishment or his employee
committed a violation of municipal ordinance
or some general or special police regulation;
2. That a crime is committed in such inn,
tavern or establishment;
3. That the person criminally liable is insolvent.
Parole
1. May be given after
the prisoner has
served the
minimum penalty;
is granted by the
Board of Pardons
ELEMENTS under par. 2:

26

1. The guests notified in advance the
innkeeper or the person representing him of
the deposit of goods within the inn or house;
2. The guests followed the directions of the
innkeeper or his representative with respect
to the care and vigilance over the goods;
3. Such goods of the guests lodging therein
were taken by robbery with force upon
things or theft committed within the inn or
house.
Art. 93. PRESCRIPTION OF PENALTIES

RULES:
1. The period shall begin to run from the date
when the culprit should evade the service of
his sentence.
2. It shall be interrupted if the defendant
should:
a) Give himself up,
b) Be captured,
c) Go to a foreign country with which the
Philippines has no extradition treaty, or
d) Commit another crime before the
expiration of the period of prescription.
ART. 104. WHAT IS INCLUDED IN CIVIL

LIABILITY
THREE CATEGORIES:
1. Restitution
2. Reparation of damage caused
3. And indemnification for consequential
damages
ART 110. SEVERAL AND SUBSIDIARY

LIABILITY
OF
PRINCIPALS,
ACCOMPLICES AND ACCESSORIES
1. Each within their respective class is liable in
solidum among themselves for their quotas
and subsidiarily for those of the other
persons liable.
2. Subsidiary liability is enforced: (a) first,
against the property of the principals; (b)
second, against that of the accomplices; and
(c) third, against that of the accessories.
3. The person who made the payment when
liability is in solidum or subsidiary liability
has been enforced, will have a right of action
against the others for the amount of their
respective shares.
-End of Book One-
27

(ART.8).
BOOK TWO
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
ART. 116- MISPRISION OF

TREASON
ELEMENTS:
1. That the offender is a citizen of the
Philippines
2. That he has knowledge of any conspiracy
against the Government
3. That the conspiracy is one to commit
treason
4. That he conceals or does not disclose and
make known the same as soon as possible
to the proper authority.
.
Art. 116 does not apply when treason is
already committed and the accused does
not report its commission.
ART. 114-TREASON
ELEMENTS:
1. That the offender owes allegiance to the
Government of the Philippines
2. That there is a war in which the Phil. is
involved
3. That the offender
either (modes of
committing)
a.) levies war against the government; or
b.) adheres to the enemies, giving them full
support
Ways of being committed
1. Levying war
That there be an actual assembling of
men for the purpose of executing a
treasonable design by force
2. Adherence to the enemy rendering him aid
and comfort
Ways of proving Treason:

1. Two-witness rule
2. Confession of guilt in open court
Treason absorbs crimes

furtherance thereof.
Treason committed in a foreign country may

be prosecuted in the Philippines. (Art.2,
RPC)
COMMONWEALTH ACT 616 AN

ACT TO PUNISH ESPIONAGE AND OTHER
OFFENSES
AGAINST
THE
NATIONAL
SECURITY
in
Treason by alien must be committed in the

Phils. (EO 44).
Treason is a CONTINUOUS OFFENSE .
Acts Penalized
1. Unlawfully obtaining or permitting to be
obtained information affecting national defense
2. Unlawfully disclosing information affecting
national defense
3. Disloyal acts or words in time of peace
4. Disloyal acts or words in time war
5. Conspiracy to commit the preceding acts
6. Harboring or concealing violators of the Act.
ART. 115- CONSPIRACY &

PROPOSAL TO COMMIT TREASON
Committed when in time of war, two or more
persons come to an agreement and decide to
commit it, or when one person proposes to
another: (1) to levy war against the Government,
or (2) to adhere to the enemies and to give
them aid and comfort.
Offender is not punished as an accessory to

treason but as a principal in misprision.
ART. 117- ESPIONAGE

TWO WAYS OF COMMITTING:
1) By entering, without authority, a warship,
fort, or military or naval establishment or
reservation to obtain any information, plan or
other data of confidential nature relative to the
defense of the Phil.
2) By disclosing to the representative of a
foreign nation the contents of the articles, data,
or information referred to in the preceding
paragraph, which he had in his possession by
reason of the public office he holds.
AID/COMFORT means an act which

strengthens or tends to strengthen the enemy in
the conduct of war against the traitors country
or any act which weakens or tends to weaken
the power of the traitors country to resist or to
attack the enemy
committed
Two-witness rule does not apply because

this is a separate and distinct offense.
Espionage may be committed both in time of

peace and war.
ART. 118- INCITING TO WAR OR

GIVING MOTIVES FOR REPRISALS
ELEMENTS:
1. That the offender performs unlawful or
unauthorized acts; and
2. That such acts provoke or give occasion for
As a general rule, conspiracy and proposal

to commit a felony is not punishable
28

(a) a war involving or liable to involve the
Phils. or (b) expose Filipino citizens to
reprisals on their persons & property.
ART. 119- VIOLATION OF

NEUTRALITY
ELEMENTS:
1. That there is a war in which the Phils. is not
involved,
2. That there is a regulation issued by a
competent authority for the purpose of
enforcing neutrality, and
3. That the offender violates such regulation.
PD 532 (ANTI-PIRACY AND ANTIHIGHWAY ROBBERY LAW OF 1974)

punishes the act of AIDING OR ABETTING
PIRACY.
REQUISITES:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such
pirates, or in any manner derives any benefit
therefrom;
3. Directly or indirectly abets the commission of
piracy.
ART. 120- CORRESPONDENCE

WITH HOSTILE COUNTRY
ELEMENTS:
1. That it is made in time of war where the
Phils. is involved
2. That the offender makes correspondence
with the: (a) enemy country or (b) territory
occupied by the enemy troops
3. That the correspondence is either:
a) prohibited by the Government, or
b) carried on in ciphers or conventional
signs containing data which might be
useful to the enemy.
NOTE: Under PD 532, piracy may be committed

even by a passenger or member of the
complement of the vessel
MUTINY ON THE HIGH SEAS the

unlawful resistance to a superior, or the
raising of commotions and disturbances on
board a ship against the authority of its
commander.
ART. 123- QUALIFIED PIRACY

ELEMENTS:
1. Whenever the offenders have seized the
vessel by boarding or firing upon the same
2. Whenever the pirates have abandoned their
victims without means of saving themselves
3. Whenever the crime is accompanied by
murder, homicide, physical injuries, or rape
ART. 121- FLIGHT TO ENEMYS

COUNTRY
ELEMENTS:
1. That there is a war in which the Phil. is
involved
2. That the offender owes allegiance to the
Government
3. That the offender attempts to flee or go to
enemy country
4. That going to enemy country is prohibited by
the competent authority
Pursuant to Art 122 as amended by PD

532: Piracy and Mutiny may be committed in
Philippine waters
CRIMES referred to in the article pertain to

piracy and mutiny on the high seas
REPUBLIC ACT 6235 AIRCRAFT

PIRACY/ HIJACKING
ACTS PUNISHED:
1. usurping or seizing control of an aircraft of
Philippine registry while it is in flight;
compelling the pilots thereof to change its
course or destination
2. usurping or seizing control of an aircraft of
foreign registry, while within Philippine
territory, compelling the pilots thereof to land
in any part of Philippine territory
3. carrying or loading on board an aircraft
operating as a public utility passenger
aircraft in the Philippines flammable,
corrosive,
explosive
or
poisonous
substances; and
4. loading, shipping, or transporting on board a
cargo aircraft operating as a public utility in
the Philippines, flammable, corrosive, or
poisonous substance if not done in
accordance with the rules and regulations of
the Air Transportation Office.
ART. 122- PIRACY IN GENERAL &

MUTINY ON THE HIGH SEAS
ELEMENTS OF PIRACY:
1. That a vessel is on high seas,
2. That the offenders are not members of its
complement or passengers of the vessel
3. That the offenders a) attack or seize the
vessel or b) seize the whole or part of the
cargo of said vessel, its equipment or
personal belongings of its compliment or
passengers
HIGH SEAS any waters on the seacoast
which are without the boundaries of low-water
mark, although such waters may be in the
jurisdictional limits of a foreign Government.
VESSEL any vessel or watercraft used for (a)
transport of passengers and cargo or (b) for
fishing.
29

Aircraft is IN FLIGHT from the moment all

exterior doors are closed following
embarkation until the same doors are again
opened for disembarkation.
means filing of an information against the

person arrested with the corresponding
court or judge
ART. 126- DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or
employee
2. That there is a judicial or executive order for
the release of a prisoner or detention
prisoner, or that there is a proceeding upon
a petition for the liberation of such person
3. That the offender without good reason
delays (a) the service of the notice of such
order to the prisoner, (b) the performance
of such judicial or executive order for the
release of the prisoner or (c) the
proceedings upon a petition for the release
of such person.
CRIMES AGAINST THE FUNDAMENTAL LAW

OF THE STATE
All offenses in this Title are required to be
committed by public officers except except
Offending the religious feelings
ART. 124- ARBITRARY
DETENTION
ELEMENTS:
employee
2. That he detains a person
3. That the detention is without legal grounds
LEGAL GROUNDS FOR THE DETENTION OF
PERSONS:
1) The commission of the crime
2) Violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital
ART. 127- EXPULSION

ELEMENTS:
employee
2. That he expels any person from the Phil., or
compels a person to change his residence
3. That the offender is not authorized to do so
by law
ART. 125- DELAY IN THE

DELIVERY OF DETAINED PERSONS
TO THE PROPER JUDICIAL
AUTHORITIES
ELEMENTS:
employee
2. That he has detained a person for some
legal ground ( Sec. 5, Rule 113, Rules of
Court)
3. That he fails to deliver such person to the
proper judicial authorities within:
12 hrs. for light penalties or their equivalent.
18 hrs. for correctional penalties or their
equivalent
36 hrs. for afflictive penalties or their equivalent
If the offender is a private individual the

crime is ILLEGAL DETENTION under Art.
267
The detention is legal from the beginning but

becomes illegal after the lapse of the
prescribed periods and no delivery is made
to the proper judicial authoritites.
Art. 125 is not applicable when the arrest is

by virtue of a warrant of arrest in which case
he can be detained indefinitely.
Person arrested may request for a

preliminary investigation but must sign a
waiver of Art. 125.
Only the President of the Phils. is authorized

to deport aliens under the Revised
Administrative Code.
Only the court by a final judgement can

order a person to change residence
VIOLATION OF DOMICILE (ARTS. 128-130)

ART. 128-VIOLATION OF
DOMICILE
PUNISHABLE ACTS: (CODE SER)
1) Entering any dwelling against the will of the
owner
2) Searching papers or other effects found
therein without the previous consent of such
owner
3) Refusing to leave the premises, after
having surreptitiously entered said dwelling
and after having been required to leave the
same (offense is the refusal to leave and not the
entrance without consent)
COMMON ELEMENTS:
1. That the offender is public officer / employee
2. That he is not authorized by judicial order to
enter the dwelling and/ or to make a search
for papers and for other effects
QUALIFYING CIRCUMSTANCES:
1) If committed at nighttime
2) If any papers or effects, not constituting
Shall fail to deliver to proper authorities

30

evidence of a crime are not returned
immediately after a search is made by the
offender.
CRIMES AGAINST RELIGIOUS WORSHIP

(ARTS. 132 & 133)
ART. 132- INTERRUPTION OF
RELIGIOUS WORSHIP
ELEMENTS:
1. That
the
offender
is
a
public
officer/employee,
2. That religious ceremonies or manifestations
of any religion are about to take place or are
going on, and
3. That the offender prevents/disturbs the
same.
ART. 129- SEARCH WARRANTS

MALICIOUSLY OBTAINED AND
ABUSE IN THE SERVICE OF THOSE
LEGALLY OBTAINED
PUNISHABLE ACTS:
1. Procuring a search warrant without just
cause
2. Exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured
If search warrant is secured through false

affidavit, the crime punished by this article
cannot be complexed but will be a
separate crime from perjury since the
penalty herein provided shall be in
addition to the penalty of perjury.
offender must be a stranger, and not a

participant
If the prohibition or disturbance is committed

only in a meeting or rally of a sect, it would
be punishable under Art.131.
May be committed by a public officer or a

private individual
CRIMES AGAINST PUBLIC ORDER

(ARTS. 134-160)
ART. 134REBELLION/INSURRECTION
ELEMENTS:
1) That there be a) public uprising and
b) taking arms against the Government.
2) For the purpose of:
a) Removing from the allegiance to said
Government or its laws
i.
The territory of the Phils.
ii.
Any body of land, naval or other
armed forces or
b) Depriving the Chief executive or
Congress, wholly or partially, of any of
their powers or prerogatives.
COMMON ELEMENTS:
1) That the offender is a public officer
2) That he performs any of the acts mentioned
above
ART. 133- OFFENDING

RELIGIOUS FEELINGS
ELEMENTS:
1. That the acts complained of were performed
(a) in a place devoted to religious worship
[not necessary that there is religious
worship] or (b) during the celebration of any
religious ceremony,
2. That the acts must be notoriously offensive
to the feelings of the faithful.
ART.131-PROHIBITION,
INTERRUPTION, & DISSOLUTION OF
PEACEFUL MEETINGS
PUNISHABLE ACTS:
1. Prohibiting or interrupting, without legal
ground the holding of a peaceful meeting, or by
dissolving the same
2. Hindering any person from joining any lawful
association or from attending any of its meetings
3. Prohibiting or hindering any person from
addressing, either alone or together with others,
any petition to the authorities for the correction
of abuses or redress of grievances
there is no legal ground to prohibit when the

danger is not imminent and the evil to be
prevented is not a serious one
Qualified by violence or threats
ART. 130- SEARCHING DOMICILE

WITHOUT WITNESSES
ELEMENTS:
1. That the offender is a public officer/
employee
2. That he searches the domicile, papers or
other belongings of any person
3. That he is armed with a warrant
4. That the owner or any member is his family,
or two witnesses residing in the same
locality are not present
ART. 134-A- COUP DETAT

1. How - by a swift attack, accompanied by
violence, intimidation, threat, strategy or
stealth (CODE VITSS)
2. Against whom duly constituted authorities
of the Republic, military camp or installation,
communication networks, public utilities, or
other facilities needed for the exercise and
continued possession of power (CODE AM
CUF)
3. Where singly or simultaneously carried out
31

anywhere in the Philippines
4. By whom by any person or persons,
belonging to the military or police or holding
any public office or employment, with or
without civilian support or employment
5. Purpose to seize or diminish state power
Indeterminate Sentence Law is not
applicable
ART. 135- PENALTY FOR
REBELLION OR INSURRECTION OR
COUP DETAT
PERSONS LIABLE:
1. Persons who promote, maintain or head
2. Persons who participate or execute
commands of others
any popular election.

b) To prevent the government or any public
officer from freely exercising its or his
functions, or prevent the execution of
any Administrative Order.
c) To inflict any act of hate or revenge
upon the person or property of any
public officer/employee.
d) To commit, for any political or social
end, any act of hate or revenge against
private persons or any social class.
e) To despoil, for any political or social end,
any person or the government of all its
property or any part thereof.
ART. 136- CONSPIRACY &

PROPOSAL TO COMMIT REBELLION ,
INSURRECTION OR COUP D ETAT
An instance where
preparatory acts.
the
law
ART. 140- PENALTY FOR

SEDITION
PERSONS LIABLE:
1) The leader of the sedition
2) Other persons participating in the sedition
punishes
ART. 137- DISLOYALTY OF

PUBLIC OFFICERS /EMPLOYEES
PUNISHABLE ACTS:
1) Failing to resist a rebellion by all means in
their power
2) Continuing to discharge the duties of their
office under the control of the rebels
3) Accepting appointment to office under the
rebels
TUMULTUOUS if caused by more than

three persons who are armed or provided
with the means of violence
ART. 141- CONSPIRACY TO

COMMIT SEDITION
Only Conspiracy to commit sedition is
punishable and not proposal to commit
sedition
ART. 142- INCITING TO SEDITION

Punishable Acts:
1) Inciting others to commit sedition by means
of speeches, proclamations, writings, emblems
2) Uttering seditious words or speeches which
tend to disturb the public peace
3) Writing, publishing, or circulating scurrilous
(vulgar, mean, foul) libels against the
Government or any of the duly constituted
authorities
The crime presupposes the existence of

rebellion by other persons; the offender
must not be in conspiracy with the rebels
ART. 138- INCITING TO

REBELLION / INSURRECTION
ELEMENTS:
1. That the offender does not take arms or is
not in open hostility against the Government
2. That he incites others to the execution of
any of the acts of rebellion
3. That the inciting is done by means of
speeches,
proclamations,
writings,
emblems, banners or other representations
tending to the same end. (CODE
SPWEBO)
ELEMENTS OF ACT #1
1. That the offender does not take direct part in
the crime of sedition
1. That he incites others to the
accomplishment of any of the act
which constitute sedition
2. That the inciting is done by means of
speeches, proclamations, writings,
emblems, cartoons, banners, or other
representations tending to the same end.
ART. 139- SEDITION

ELEMENTS:
1. That the offenders rise a) publicly and b)
tumultuously
2. That they employ force, intimidation, or other
means outside of legal methods
3. That the offenders employ any of those
means to attain any of the ff. objects:
a) To prevent the promulgation or
execution of any law or the holding of
ACTS # 2 & 3 PUNISHABLE: when 1) They tend to disturb or obstruct any lawful
officer in executing the functions of his office
2) They tend to instigate others to cabal and
meet together for unlawful purposes
3) They
suggest
or
incite
rebellious
conspiracies or riots
4) They lead or tend to stir up the people
32

against the lawful authorities or disturb the
peace of the community, the safety and order of
the Government.
ILLEGAL ASSEMBLIES AND ASSOCIATIONS

(Arts. 146 & 147)
ART. 146 ILLEGAL ASSEMBLIES
FORMS OF ILLEGAL ASSEMBLY:
1) Any meeting attended by armed persons for
the purpose of committing any of the crimes
punishable under the Code
2) Any meeting in which the audience, whether
armed or not, is incited to the commission of the
crime of treason, rebellion or insurrection,
sedition, or assault upon a person in authority
Rules relative to seditious words:

1. The clear and present danger rule
1. Dangerous
tendency
rule
CRIMES AGAINST POPULAR

REPRESENTATION (ARTS. 143-145)
ART.143- ACTS TENDING TO
PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES
ELEMENTS:
1. That there be a projected meeting or actual
meeting of the Natl Assembly or any of its
committees or subcommittees, constitutional
commissions or committees or divisions, or
of any provincial board or city or municipal
council or board
2. That the offender who may be any person
prevents such meeting by force or fraud
PERSONS LIABLE IN ILLEGAL ASSEMBLY:

1. The organizers or leaders of the meeting
2. Persons merely present at the meeting
PRESUMPTIONS:
If any person carries an unlicensed
firearm, it is presumed that:
1) the purpose of the meeting insofar as he is
concerned is to commit acts punishable under
the RPC, and
2) he is considered a leader or organizer of the
meeting.
ART. 144- DISTURBANCE OF

PROCEEDINGS
ELEMENTS:
1. That there be a meeting of the Congress or
any of its committees or subcommittees,
constitutional commissions or committees,
or any provincial board or city or municipal
council or board
2. That the offender does any of the ff. acts:
a. He disturbs any of such meetings.
b. He behaves while in the presence of
any such bodies in such a manner as to
interrupt its proceedings or to impair the
respect due it.
It is necessary that the audience is actually

incited. If in the meeting the audience is
incited to the commission of rebellion or
sedition, the crimes committed are ILLEGAL
ASSEMBLY as regards to the organizers or
leaders or persons merely present and
INCITING TO REBELLION OR SEDITION
insofar as the one inciting them is concerned
ART. 147 ILLEGAL

ASSOCIATIONS
Prohibited Association
Association totally or partially organized for:
1) the purpose of committing any of the crimes
punishable under the Code
2) some purpose contrary to public morals
PERSONS LIABLE:
1) Founders, directors, and president of the
association.
2) Members of the association.
Congress may also punish for contempt.
ART. 145 VIOLATION OF

PARLIAMENTARY IMMUNITY
Punishable Acts:
1) Using force, intimidation, threats, or frauds
to prevent any member from:
a. Attending the meetings of the Congress or
any of its committees or subcommittees,
constitutional commissions or committees
or divisions thereof
b. Expressing his opinions or
c. Casting his vote
2) Arresting or searching any member while
the Congress is in session, except in case such
member has committed a crime punishable
under the Code by a penalty higher than prision
mayor.
ASSAULT, RESISTANCE AND

DISOBEDIENCE TO PERSONS IN
AUTHORITY (Arts. 148-152)
ART. 152- PERSONS IN
AUTHORITY & AGENTS OF PERSONS
IN AUTHORITY
Public
Officer (PO)
Person in
Authority (PA)
Agent of a
Person in
Authority (APA)
Any person who

takes part in the
performance of
public functions
in the
government .
One who is
directly vested
with jurisdiction.
One who is
charged with
the
maintenance of
public order and
the protection
33

summons of Congress, or any commission or
committee chairman or member authorized to
summon witnesses,
2) Refusing to be sworn or placed under
affirmation while before such legislative or
constitutional body or official,
3) 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) Restraining another from attending as a
witness in such legislative or constitutional body,
5) Inducing disobedience to summons or
refusal to be sworn by any such body or official.
and security of
life and property
2. Any person
who comes to
the aid of a PA.
ART. 148- DIRECT ASSAULTS

KINDS:
1. Simple assault
2. Qualified assault
TWO WAYS TO COMMIT:
1. Without public uprising, by employing
force or intimidation for the attainment of any of
the purposes enumerated in defining the crimes
of sedition & rebellion
ART. 151- RESISTANCE &

DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF
SUCH PERSON
ELEMENTS OF RESISTANCE & SERIOUS
DISOBEDIENCE:
1. That a person in authority or his agent is
engaged in the performance of official duty
or gives a lawful order to the offender
2. That the offender resists or seriously
disobeys such person in authority or his
agent
3. That the act of the offender is not included
in the provisions of Arts. 148-150
offended party need not be a person in

authority or his agent, he may be a private
individual if the object is to attain an object
of sedition
2. Without public uprising, by attacking, by
employing force or seriously intimidating or by
seriously resisting any person in authority (PA)
or any of his agents (APA), while engaged in the
performance of official duties, or on the occasion
of such performance.
DIRECT ASSAULT IS QUALIFIED WHEN:
1. Committed with a weapon
2. Offender is a public officer or employee
3. Offender lays hands upon a person in
authority
ELEMENTS OF SIMPLE DISOBEDIENCE:

1. That an APA is engaged in the performance
of official duty or gives a lawful order to the
offender,
2. That the offender disobeys such APA,
3. That such disobedience is not of a serious
nature.
Additional penalty for attacking ambassador

or minister (R.A. 75)
DIRECT ASSAULT
The PA or APA must
be engaged in the
performance of official
duties or that he is
assaulted by reason
thereof
There is force
employed
Knowledge of the accused that the victim is

a PA or APA is essential
ART. 149- INDIRECT ASSAULT

ELEMENTS:
1. That an APA is the victim of any of the forms
of direct assault defined in Art. 148
2. That a person comes to the aid of the APA
3. That the offender makes use of force or
intimidation upon such person coming to the
aid of the APA.
RESISTANCE
Only in actual
performance of duties
Use of force is not

so serious
CRIMES AGAINST PUBLIC DISORDERS

(ARTS. 153-156)
ART. 153- TUMULTS & OTHER
DISTURBANCES OF PUBLIC ORDER
PUNISHABLE ACTS:
1) Causing any serous disturbance in a public
place, office or establishment
2) Interrupting
or
disturbing
public
performances, functions or gatherings, or
peaceful meetings, if the act is not included in
Arts. 131-132.
ART. 150- DISOBEDIENCE TO

SUMMONS ISSUED BY THE NATL
ASSEMBLY, ITS COMMITTEES OR
SUBCOMMITTEES, BY THE CONST.
COMMISSION, ITS COMMITTEES,
SUBCOMMITTEES OR DIVISIONS
PUNISHABLE ACTS:
1) Refusing, without legal excuse, to obey
34

3) Making an outcry tending to incite rebellion
or sedition in any meeting, association or public
place
4) Displaying placards or emblems which
provoke a disturbance of public order in such
place
5) Burying with pomp the body of a person who
has been legally executed
Serious disturbance must be planned or

intended
OUTCRY to shout spontaneously,

subversive or provocative words tending to
stir up the people to obtain by means of
force or violence any of the objects of
rebellion or sedition
horns, etc. designed to annoy or insult
ART. 156- DELIVERING

PRISONERS FROM JAILS
ELEMENTS:
1. That there is a person confined in a jail or
penal establishment (detention included)
2. That the offender removes such person, or
helps the escape of such person
KINDS OF EVASION OF SERVICE OF
SENTENCE (ARTS. 157-159)
ART.157- EVASION OF SERVICE
OF SENTENCE
ELEMENTS:
1. That the offender is a convict by final
judgement
2. That he is serving his sentence, which
consists in deprivation of liberty
3. That he evades the service of his sentence
by escaping during the term of his sentence.
ART. 154- UNLAWFUL USE OF

MEANS OF PUBLICATION &
UNLAWFUL UTTERANCES
Punishable Acts:
1) Publishing or causing 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) Encouraging disobedience to the law or to
the constituted authorities or by praising,
justifying or extolling any act punished by law, by
the same means or by words, utterances or
speeches
3) Maliciously publishing or causing to be
published any official resolution or document
without authority, or before they have been
published officially
4) Printing, publishing or distributing (or
causing
the
same)
books,
pamphlets,
periodicals, or leaflets which do not bear the real
printers name, or which are classified as
anonymous
CIRCUMSTANCES QUALIFYING THE

OFFENSE:
1) By means of unlawful entry
2) By breaking doors, windows, gates, walls,
roofs or floors
3) By using picklocks, false keys, disguise,
deceit, violence, or intimidation
4) Through connivance with other convicts or
employees of the penal institution
ART. 158- EVASION OF
SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER
CALAMITIES
ELEMENTS:
1. That the offender is a convict by final
judgement, and is confined in a penal
institution
2. That there is disorder, resulting from;
a. Conflagration
b. Earthquake
c. Explosion
d. similar catastrophe
e. mutiny in which he has not participated
3. That the offender leaves the penal institution
where he is confined, on the occasion of
such disorder or during the mutiny
4. That the offender fails to give himself up to
the authorities within 48 hrs. following the
issuance of a proclamation by the Chief
Executive announcing the passing away of
such calamity.
ART. 155- ALARMS & SCANDALS

Punishable Acts:
1) Discharging any firearm, rocket, firecracker,
or other explosive within any town or public
place, calculated to cause alarm or danger
(should not be aimed at a person otherwise
illegal discharge of firearm under Art. 254)
2) Instigating or taking an 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 amusements
4) Causing any disturbance or scandal in
public places while intoxicated or otherwise,
provided Art. 153 is not applicable
If the disturbance is of a serious nature, the

case will fall under Art. 153
CHARIVARI - includes a medley of

discordant voices, a mock serenade of
discordant noises made on kettles, tin,
ART. 159- OTHER CASES OF

EVASION OF SENTENCE
35

(CONDITIONAL PARDON)
ELEMENTS:
1. That the offender was a convict
2. That he was granted a conditional pardon by
the Chief Exec.
3. That he violated any of the conditions of
such pardon
SIGNATURE OR COUNTERFEIT SEAL

OR STAMP
ELEMENTS:
1. That the Great Seal of the Republic was
counterfeited or the signature or stamp of
the Chief Executive was forged by another
person
2. That the offender knew of the counterfeiting
of forgery
3. That he used the counterfeit seal or forged
signature or stamp
Violation of conditional pardon is a distinct

crime
Offender can be arrested and reincarcerated

without trial in accordance with Sec. 64(I)
of the RAC
ART. 160- COMMISSION OF
ANOTHER CRIME DURING THE
SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE
(QUASI-RECIDIVISM)
ELEMENTS OF QUASI-RECIDIVISM:
1. That the offender was already convicted by
final judgement
2. That he committed a new felony before
beginning to serve such sentence or while
serving the same
CRIMES UNDER COUNTERFEITING COINS

(ARTS. 163-165)
ART. 163- MAKING AND
IMPORTING AND UTTERING FALSE
COINS
ELEMENTS:
1. That there be false or counterfeited coins
2. That the offender either made, imported or
uttered such coins
3. That in case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers
WHO CAN BE PARDONED:
1) At the age of 70, if he shall have already

served out his original sentence (and not a
habitual criminal) or
2) When he shall have completed it after
reaching the said age, unless by reason of his
conduct or other circumstances he shall not be
worthy of such clemency.
As distinguished from REITERACION

(habituality) which requires that the offender
against whom it is considered shall have
served out his sentence for the prior
offenses.
Cannot be offset by ordinary mitigating

circumstances
ART. 164- MUTILATION OF COINSIMPORTATION & UTTERANCE OF

MUTILATED COINS
PUNISHABLE ACTS:
1. Mutilating coins of the legal currency, with
the further requirement that there be intent
to damage or to defraud another
2. Importing or uttering such mutilated coins,
with the further requirement that there must
be connivance with the mutilator or importer
in case of uttering
CRIMES AGAINST PUBLIC INTEREST (ARTS.

161-189)
CRIMES CALLED FORGERIES
(ARTS. 161-174)
ART. 161- COUNTERFEITING THE
SEAL OF THE GOVERNMENT, THE
SIGNATURE, OR THE STAMP OF THE
CHIEF EXEC.
Punishable Acts:
1. Forging the Great Seal of the Government of
the Phil.
2. Forging the signature of the President
3. Forging the stamp of the President
Coins withdrawn from circulation may be

counterfeited
Mutilation of foreign currency not included
Coins must be of legal tender
ART. 165- SELLING OF FALSE OR

MUTILATED COIN WITHOUT
CONNIVANCE
Punishable Acts
POSSESSION
UTTERING
ELEMENTS:
ELEMENTS:
a. Possession
a. Actually
b. With intent to
uttering.
utter
b. Knowledge
c. Knowledge
ART. 162- USING FORGED
Does not require legal tender
36

ART. 166- FORGING TREASURY
OR BANK NOTES OR OTHER
DOCUMENTS PAYABLE TO THE
BEARER; IMPORTING AND
UTTERING SUCH FALSE OR FORGED
NOTES AND DOCUMENTS
Punishable Acts:
1) Forging or falsification of treasury or bank
notes or other documents payable to bearer
2) Importation of such false or forged
obligations or notes
3) Uttering of such false or forged obligations
or notes in connivance with the forgers or
importers
Counterfeiting of paper bills is covered by
this felony (see People vs. Valencia)
CLASSES OF FALSIFICATION
(ARTS. 170-173)
The crime of falsification must involve a
writing which is a document in the legal
sense.
CLASSIFICATION OF DOCUMENTS:
1) Public (a) document created, executed or
issued by a public official in response to
exigencies of the public service, (b) or in the
execution of which a public official or notary
public intervened
2) Official issued by a public official in the
exercise of the functions of his office; also a
public document.
3) Commercial- defined and regulated by the
Code of Commerce or other commercial law
4) Private- a deed or instrument executed by a
private person without the intervention of a
notary public or other person legally authorized,
by which document, some disposition of
agreement is proved, evidenced or set forth
ART. 167-COUNTERFEITING,
IMPORTING, & UTTERING
INSTRUMENTS NOT PAYABLE TO
THE BEARER
ELEMENTS:
1. That there be an instrument payable to order
or other such document of credit not payable
to bearer
2. That the offender either forged, imported or
uttered such instrument
3. That in case of uttering, he connived with
the forger or importer.
Importance of Classification:
1) In private documents, criminal liability will
not arise unless there is damage caused to third
person.
2) In public or commercial documents, criminal
liability can arise although no third person
suffered damage.
ART. 170-FALSIFICATION OF
LEGISLATIVE DOCUMENTS
ELEMENTS:
1. That there be a bill, resolution or ordinance
enacted or approved or pending approval by
the Natl Assembly or any provincial board or
municipal council
2. That the offender alters the same
3. That he has no proper authority
4. That the alteration has changed the
meaning of the document.
ART.168- ILLEGAL POSSESSION

& USE OF FALSE TREASURY OR
BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT
ELEMENTS:
1. That any of said instruments is forged or
falsified by another person
2. That the offender knows that any of those
instruments is forged or falsified
3. That he performs any of these acts :
a. Using any of such forged or falsified
instruments
b. Possession with intent to use of any of
such forged or falsified instruments
ART. 171- FALSIFICATION BY

PUBLIC OFFICER, EMPLOYEE; OR
NOTARY OR ECCLESIASTICAL
MINISTER
ELEMENTS:
1. That the offender is a public officer,
employee or notary public
2. That he takes advantage of his official
position
REQUISITES:
a. He has a duty to make or prepare or
otherwise to intervene in the preparation
of the document
b. He has official custody of the document
which he falsifies
3. That he falsifies a document by committing
any of the ff. acts:
a. Counterfeiting
or
imitating
any
handwriting, signature or rubric
ART. 169- HOW FORGERY IS

COMMITTED
1) By giving a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a true and
genuine document
2) By erasing, substituting, counterfeiting or
altering the figures, letters, words, or sign
contained therein
Forgery
includes
counterfeiting
falsification
&
37

b. Causing it to appear that persons have
participated in any act or proceeding
when they did not in fact so participate
c. Attributing to persons who have
participated in an act or proceeding
statements other than those in fact
made by them
d. Making untruthful statements in a
narration of facts
e. Altering true dates
f. Making any alteration or intercalation in
a genuine document which changes its
meaning
g. Issuing in authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such copy a
statement contrary to, or different from
that of the genuine original
h. Intercalating any instrument or note
relative to the issuance in a protocol,
registry or official book
Genuine document in pars. f,g,h is

necessary.
Falsification may be committed by

simulating or fabricating a document in
paragraphs a to e
Falsification of
Public, Official or
Commercial Doc.
When committed as a
necessary means to
commit estafa,
complex crime is
committed.
ART. 172
the prejudice to a third
party is taken into
account so that if
damage is not
apparent, or at least if
with no intent to cause
it, the falsification is
not punishable
Even when committed

as a necessary means
to commit estafa,
either estafa or
falsification only is
committed.
REASON:
In this type of
falsification, an act
independent of
falsification is required,
to show intent to
defraud.
ART. 171
prejudice to third
person is immaterial;
what is punished is the
violation of public faith
and the perversion of
truth
ART. 173- FALSIFICATION OF

WIRELESS, CABLE, TELEGRAPH, &
TEL. MESSAGES, & USE OF SAID
FALSIFIED MESSAGES
PUNISHABLE ACTS:
1) Uttering fictitious wireless, telegraph or
telephone messages
2) Falsifying wireless, telegraph or tel.
messages
3) Using such falsified message
PERSONS LIABLE:
1) Any public officer, employee or notary public
2) Ecclesiastical minister, when the falsification
may affect the civil status of persons
ART. 172-FALSIFICATION BY
PRIVATE INDIVIDUALS & USE OF
FALSIFIED DOCUMENTS
Punishable Acts:
1) Falsification of public, official, or
commercial document by a private individual
or by a public officer, employee or notary public
who does not take advantage of his official
position
Damage or intent to cause damage is not
necessary in this paragraph.
ART. 174- FALSE MEDICAL

CERTIFICATES, FALSE
CERTIFICATES OF MERIT OR
SERVICE
PERSONS LIABLE:
1) Physician or surgeon who, in connection
with the practice of his profession, issued a false
certificate
2) Public officer who issued a false certificate
of merit or service, good conduct or similar
circumstances
3) Private individual who falsified a certificate
falling in the classes mentioned in nos. 1&2
2) Falsification of private document by any

person
The offender must have (a) counterfeited the
false document and (b) he must have
performed an independent act which
operates to the prejudice of a third person
Falsification of
Private Doc.
ART. 175- USING FALSE

CERTIFICATES
ELEMENTS:
1. That a false certificate mentioned in the
preceding article was issued.
2. That the offender knew that the certificate
was false
3. That he used the same.
Use of a falsified document

1. in a Judicial Proceeding
no damage required
2. in any other transaction
with intent to cause damage to
another
FALSIFICATION AS A MEANS TO COMMIT ESTAFA
38

ART. 176- MANUFACTURING &
POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION
Punishable Acts:
1) Making or introducing into the Phil. any
stamps, dies, marks, or other instruments or
implements for counterfeiting
2) Possession with intent to use the
instruments or implements for counterfeiting or
falsification made in or introduced into the Phil.
by another person
(ARTS. 180-183)
ART. 180- FALSE TESTIMONY
AGAINST A DEFENDANT
ELEMENTS:
1. That there be a criminal proceeding where
the offender testifies falsely under oath
against the defendant
2. That the offender who gives false testimony
knows that it is false
3. That the defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgement.
ART. 177-USURPATION OF
AUTHORITY OR OFFICIAL
FUNCTIONS
WAYS TO COMMIT:
1) By misrepresenting oneself to be an officer,
agent or representative of the government,
whether local, national or foreign
2) By performing any act pertaining to a person
in authority or public officer of the government
under the pretense of official position and
without authority
Defendant must be sentenced to at least a

correctional penalty or a fine or must be
acquitted
ART. 181- FALSE TESTIMONY

FAVORABLE TO THE DEFENDANT
May be violated by a public officer
Conviction or acquittal of defendant in

principal case not necessary
ART. 182- FALSE TESTIMONY IN

CIVIL CASES
ELEMENTS:
1. That the testimony must be given in a civil
case
2. That the testimony must relate to the issues
presented in said case
3. That the testimony must be false
4. That the false testimony must be given by
the defendant knowing the same to be false
5. That the testimony must be malicious and
given with an intent to affect the issues
presented in said case.
ART. 178- USING FICTITIOUS

NAME & CONCEALING TRUE NAME
ELEMENTS: (USING FICTITIOUS NAME)
1. That the offender uses a name other than
his real name
2. That he uses that fictitious name publicly
3. That the purpose of the offender is -a. to conceal a crime
b. to evade the execution of a judgement
c. to cause damage to public interest
ELEMENTS: (CONCEALING TRUE NAME)
1. That the offender conceals --a. His true name
b. all other personal circumstances
2. That the purpose is only to conceal his
identity
Article not applicable in special proceedings

which falls under other cases in Art. 183.
ART. 183- FALSE TESTIMONY IN

OTHER CASES AND PERJURY IN
SOLEMN AFFIRMATION
Acts Punished:
1) By falsely testifying under oath (not in
judicial proceedings)
2) By making a false affidavit
NOTE:
CA 142 punishes illegal use of alias
ART. 179- ILLEGAL USE OF
UNIFORM OR INSIGNIA
ELEMENTS:
1. That the offender makes use of insignia,
uniform or dress
2. That the insignia, uniform or dress pertains
to an office not held by the offender or to a
class of persons of which he is not a
member
3. That said insignia, uniform, or dress is used
publicly and improperly
ELEMENTS OF PERJURY:
1. That the accused made a statement under
oath or affirmation or executed an affidavit
upon a material matter
2. That the statement or affidavit was made
before a competent officer, authorized to
receive and administer oath
3. That in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood
4. That the sworn statement or affidavit
THREE FORMS OF FALSE TESTIMONY

39

containing the falsity is required by law.
brands, or marks fail to indicate the actual

fineness or quality of said metals or alloy
ART. 184- OFFERING FALSE

TESTIMONY IN EVIDENCE
ELEMENTS:
1. That the offender offered in evidence a false
witness or false testimony
2. That he knew the witness or the testimony
was false
3. That the offer was made in a judicial or
official proceeding
NOTE: Articles 188 and 189 have been repealed

by RA 8293 Sec. 69, The Intellectual Property
Code, effective January 1, 1998.
REPUBLIC ACT 455 ON
SMUGGLING OR ILLEGAL
IMPORTATION
PUNISHABLE ACTS:
1) That the merchandise must have been
fraudulently or knowingly imported contrary to
law
2) That the defendant, if he is not the importer
himself, must have received, concealed, bought,
sold or in any manner facilitated the
transportation, concealment or sale of the
merchandise and that he must be shown to have
knowledge that the merchandise had been
illegally imported
CRIMES CLASSIFIED AS FRAUDS

(ARTS. 185-189)
ART. 185- MACHINATIONS IN
PUBLIC AUCTIONS
Punishable Acts:
1) Soliciting any gift or promise as a
consideration for refraining from taking part in
any public auction
2) Attempting to cause bidders to stay away
from an auction by threats, gifts, promises or
any other artifice
CRIMES RELATED TO OPIUM AND

OTHER PROHIBITED DRUGS
Dangerous Drugs Act
RA 6425
Dangerous Drugs are either:
1. PROHIBITED DRUGS: Includes Opium,
cocaine and its active component and
derivatives and other substances producing
similar effects; Indian Hemp and all its
derivatives; all other preparations made from the
foregoing whether natural or synthetic with the
physiological effects of a narcotic or
hallucinogenic drug
ESSENTIAL ELEMENT:
That there be intent to cause the
reduction of the price.
ART. 186- MONOPOLIES &
COMBINATIONS IN RESTRAINT OF
TRADE
Punishable Acts:
1) Combination or conspiracy to prevent free
competition in the market
2) Monopoly to restrain free competition in the
market
3) Making transactions prejudicial to lawful
commerce or to increase the market price of
merchandise
2. REGULATED DRUG: Includes self-inducing

sedatives or a derivative of a salt barbituric acid;
amphetamine, hypnotic drugs, or other drug with
same effect
Punishable Acts: (PROHIBITED DRUGS)
a) Importation
b) Sale,
Administration,
Delivery,
Distribution, Transportation
c) Maintenance of a Den, Dive, Resort for
users
d) Employment and Visit to such Den
e) Manufacture
f) Possession and Use
g) Cultivation of Plants which are sources
of prohibited drugs
h) Failure to Comply with Record
Requirements of the Law
i) Unlawful Prescription
j) Unnecessary Prescription
k) Possession of Opium pipes, other
paraphernalia
If the offense affects any food substance or

other particles of prime necessity, it is
sufficient that initial steps are taken
ART. 187- IMPORTATION &

DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE
OF GOLD, SILVER, OR OTHER
PRECIOUS METALS OR THEIR
ALLOYS
ELEMENTS:
1. That the offender imports, sells or disposes
of any of those articles or merchandise
2. That the stamps, brands, or marks of those
articles of merchandise fail to indicate the
actual fineness or quality of said metals or
alloy
3. That the offender knows that the stamps,
With respect to par. B & C, the maximum

penalty shall be imposed if the victim is a
40

minor or the prohibited drug is the proximate
cause of death
With respect to par G, the maximum penalty

shall be imposed if the land used is public
domain; if private, the land shall be
escheated to the state unless the owner
proves that he had no knowledge of such
cultivation despite the exercise of due
diligence
Paragraph H applies only to pharmacists,

physicians,
veterinarians
or
dentists
dispensing such drugs; additional penalty of
revocation of license
violation shall be held liable as a coprincipal. (Sec. 22)
Punishable Acts: (REGULATED DRUGS)

a) Importation
b) Sale, Administration, Delivery, Distribution,
Transportation
c) Maintenance of a Den, Dive, Resort for
users
d) Manufacture
e) Possession or Use
f) Failure to comply with Record Requirements
g) Unlawful Prescription
h) Unnecessary Prescription
Same rules apply with respect to par B, C &

F
EVERY PENALTY IMPOSED SHALL

CARRY WITH IT THE CONFISCATION AND
FORFEITURE OF ALL THE PROCEEDS
OF THE CRIME, INCLUDING BUT NOT
LIMITED TO, MONEY AND OTHER
ASSETS
OBTAINED
AND
THE
INSTRUMENTS OR TOOLS WITH WHICH
IT WAS COMMITTED, UNLESS THEY ARE
PROPERTY OF A 3RD PERSON NOT
LIABLE FOR THE OFFENSE, BUT THOSE
WHICH
ARE
NOT
OF
LAWFUL
COMMERCE SHALL BE DESTROYED W/O
DELAY.
Plea-bargaining shall not be allowed where

the imposable penalty is reclusion perpetua
to death.
If the offender is an Alien he shall be

deported
immediately
w/o
further
proceedings after service of sentence. (Sec.
22)
If a Government. official is found guilty of

planting any dangerous drugs in the
person or in the immediate vicinity of
another as evidence to implicate the latter,
he shall suffer the same penalty as therein
provided.
Acquittal in a case of importation does not

bar prosecution for illegal possession of
opium because they are 2 distinct crimes.
Illegal possession of pipe is included in

illegal possession of opium if the opium and
the pipe were found in the same place and
at the same time and by the same person.
Reason: there is a single criminal act
impelled by a single criminal intent.
CRIMES AGAINST PUBLIC MORALS (ARTS.

195-202)
ARTS. 195-199, PROVISIONS OF PD. 483 &
449
ARE
REPEALED
WHICH
ARE
INCONSISTENT
WITH
PD
1602
OR
PRESIDENTIAL
DECREE
PRESCRIBING
STIFFER
PENALTIES
ON
ILLEGAL
GAMBLING.
OFFENSES AGAINST DECENCY AND GOOD
CUSTOMS ( ARTS. 200-202)
ART. 200- GRAVE SCANDAL
ELEMENTS:
1. That the offender performs an act or acts
2. That such act or acts be highly scandalous
as offending against decency and good
customs
3. That the highly scandalous conduct is not
expressly falling within any other article of
this Code
4. That the act or acts complained of be
committed in a public place or within the
public knowledge or view.
Any
apprehending
officer
who
misappropriates or fails to account shall
after conviction be punished by reclusion
perpetua to death and a fine ranging
P500,000.00 to P10,000,000.00.
ART. 201- IMMORAL DOCTRINES,

OBSCENE PUBLICATIONS &
EXHIBITIONS & INDECENT SHOWS
(AS AMENDED BY PD 969)
PERSONS LIABLE:
1) Those who shall publicly expound or
proclaim doctrines openly and contrary to public
morals
2) The authors of obscene literature, published

with their knowledge in any form; the editors
publishing such literature; and the owners,
operators of the establishment selling the same
If committed by a juridical person the

partner, director, president or manager who
consents or knowingly tolerates such
3) Those
who,
in
theatres,
41
fairs,

cinematographs or any other place, exhibit
indecent or immoral shows which are proscribed
or are contrary to law, public order, morals, good
customs, established policies, lawful orders,
decrees and edicts
ART. 204- KNOWINGLY

RENDERING UNJUST JUDGEMENT
ELEMENTS:
1. That the offender is a judge
2. That he renders a judgement in a case
submitted to him for decision
3. That the judgment is unjust
4. That the judge knows that his judgement is
unjust.
4) Those who shall give away or exhibit films,

prints, engravings, sculpture or literature which
are offensive to morals
ART. 202- VAGRANTS &
PROSTITUTES
PERSONS LIABLE:
1) Any person having no apparent means of
subsistence, who has the physical ability to work
and who neglects to apply himself to some
lawful calling
ART. 205- JUDGEMENT THROUGH

NEGLIGENCE
ELEMENTS:
2. That he renders a judgement in a case
submitted to him for decision
3. That the judgment is manifestly unjust
4. That it is due to his inexcusable negligence
or ignorance
2) Any person found loitering about public or

semipublic buildings or places, or tramping or
wandering about the country or the streets
without visible means of support
ART. 206- UNJUST

INTERLOCUTORY ORDER
ELEMENTS:
2. That he performs any of the ff. acts:
a. Knowingly renders unjust interlocutory
order or decree.
b. Renders
a
manifestly
unjust
interlocutory order or decree through
inexcusable negligence or ignorance
3) Any idle or dissolute person who lodges in

houses of ill fame; ruffians or pimps and those
who habitually associate with prostitutes
4) Any person who, not being included in the
provisions of other articles of this Code, shall be
found loitering in any inhabited or uninhabited
place belonging to another without any lawful or
justifiable purpose
ART. 207- MALICIOUS DELAY IN

THE ADMINISTRATION OF JUSTICE
ELEMENTS:
2. That there is a proceeding in his court
3. That he delays the administration of justice
4. That it is caused by the judge with
deliberate intent to inflict damage on either
party in the case
PROSTITUTES - women who, for money or

profit, habitually indulge in sexual intercourse or
lascivious conduct
ART. 203 WHO ARE PUBLIC
OFFICERS
REQUISITES:
1. Taking part in the performance of public
functions in the Government or performing in
said Government or in any of its branches
public duties as an employee, agent or
subordinate official of any rank or class
2. That his authority must be
a. By direct provision of law
b. By popular election
c. By appointment by competent authority
ART. 208- PROSECUTION OF

OFFENSES; NEGLIGENCE &
TOLERANCE
Punishable Acts:
1) Maliciously
refraining
from
instituting
prosecution against violators of the law
2) Maliciously tolerating the commission of
offenses
CRIMES OF MALFEASANCE &

MISFEASANCE IN OFFICE
(ARTS. 204-211)
MISFEASANCE- improper performance of
some act which might lawfully be done
REQUISITES:
1. That the offender is a public officer who has
a duty to cause the prosecution of, or to
prosecute offenses
2. That 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
3. That the offender acts with malice and
deliberate intent to favor the violator of the
MALFEASANCE- the performance of some

act which ought not to be done
NONFEASANCE- omission of some act which
ought to be performed
42

law
(RA 3019 as amended by RA 3047, PD 77

and BP 195)
ART. 209- BETRAYAL OF TRUST

BY AN ATTY. OR SOLICITOR
Punishable Acts:
1) Causing damage to his client, either:
(a) by any malicious breach of professional
duty; or
(b) inexcusable negligence or ignorance
Section 2. Definition of Terms.

Government the natl Government, the local
Government, the GOCCs, & all other
instrumentalities or agencies of the government
PUBLIC OFFICER elective & appointive
officials & employees, permanent or temporary,
whether in the classified or unclassified or
exempt services receiving compensation, even
nominal, from the Government.
2) Revealing any of the secrets of his client

learned by him in his professional capacity
damage is not necessary
3) Undertaking the defense of the opposing
party in the same case without the consent of
his first client.
Section 3. Corrupt Practices of Public

Officials.
A. Persuading, inducing or influencing another
public officer to perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority or an
offense in connection with the official duties
of the latter, or allowing himself to be
persuaded, induced, or influenced to commit
such violation or offense.
ART. 210- DIRECT BRIBERY

Punishable Acts:
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
B. Directly or indirectly requesting or receiving

any gift, present, share, percentage, or
benefit, for himself or for any other person,
in connection w/ any other contract or
transaction between the Government and
any other party, wherein the public officer in
his official capacity has to intervene under
the law.
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
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, w/out prejudice to Section 13 of this
Act.
QUALIFIED BRIBERY - committed by public

officers entrusted with the enforcement of law
and whose duty is to arrest and prosecute those
who violate them where the penalty for the same
is reclusion perpetua or higher.
ART. 211- INDIRECT BRIBERY
ELEMENTS:
1. That the offender is a public officer
2. That he accepts gifts
3. That said gifts are offered to him by reason
of his office
D. Accepting or having any member of his

family accept employment in a private
enterprise w/c has pending official business
w/ him during the pendency thereof or w/in
one year after his termination.
ART. 212- CORRUPTION OF

PUBLIC OFFICIALS
ELEMENTS:
1. That the offender makes offers or promises
or gives gifts or presents to a public officer
2. That the offers or promises are made or the
gifts or present given to a public officer,
under circumstances that will make the
public officer liable for direct bribery or
indirect bribery
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 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 corps.
charged w/ the grant of licenses or permits
or other concessions.
ANTI-GRAFT & CORRUPT

PRACTICES ACT (R.A. 3019)
43

B. Knowingly inducing or causing any public
official to commit any of the offenses defined
in Section 3.
F. Neglecting or refusing, after due demand or

request, w/out sufficient justification, to act
w/in 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.
Section 5. Prohibition on certain relatives.

The
spouse
or
any
relative,
by
consanguinity, w/in the 3rd civil degree, of the
President, the Vice-President, Senate President,
or the Speaker of the House of Representatives
is prohibited to intervene directly or indirectly, in
any
business,
transaction,
contract
or
application with the Government.
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.
EXCEPTIONS TO THE PROVISIONS:

1. Any person who, prior to the assumption
of office of any of those officials to whom
he is related, has been already dealing
with the Government along the same
line of business, or to any transaction,
contract or application already existing
or pending at the time of such
assumption of public office;
2. Any application filed by him, the
approval of w/c is not discretionary on
the part of the official/s concerned but
depends upon compliance with the
requisites provided by law, or rules or
regulations issued pursuant to the law.
3. Any act lawfully performed in an official
capacity or in the exercise of a
profession.
H. Directly or indirectly having financial or

pecuniary interest in any business, contract
or transaction in connection with which he
intervenes or takes part in his official
capacity, or in w/c he is prohibited by the
Constitution or by law from having any
interest.
I.
Directly or indirectly becoming interested, for

personal gain, or having material interest in
any transaction or act requiring the approval
of a board, panel or group of w/c he is a
member, & w/c exercises discretion in such
approval, even if he votes against the same
or does not participate in the action of the
board, committee, panel or group.
Section 6. Prohibition on Members of

Congress
Interest for personal gain shall be presumed

against those public officers responsible for
the approval of manifestly unlawful,
inequitable, or irregular transactions or acts
by the board, panel or group to w/c they
belong.
Members of Congress during their term are

prohibited to acquire or receive any personal
pecuniary interest in any specific business
enterprise w/c will be directly & particularly
favored or benefited by any law or resolution
authored by them.
J. Knowingly approving or granting any

license, permit, privilege or benefit in favor
of any person not qualified for or not legally
entitled to such license, permit, privilege, or
advantage, or of a mere representative or
dummy of one who is not qualified or
entitled.
The prohibition shall also apply to any public

officer who recommended the initiation in
Congress of the enactment or adoption of
any law or resolution, & acquires or receives
any such interest during his incumbency.
The member of Congress or other public

officer, who, having such interest prior to the
approval of a law or resolution authored or
recommended by him, continues for thirty
days after such approval to retain his
interest, also violates this section.
K. Divulging valuable information of a

confidential character, acquired by his office
or by him on account of his official position
to unauthorized persons, or releasing such
information in advance of its authorized
date.
Section 7. Statement of assets and liabilities.
Section 4. Prohibition on private individuals.
A. Taking advantage of family or close personal

relation with public official is punished.
Every public officer shall prepare & file a

true & detailed sworn statement of assets &
liabilities, including a statement of the
amount & sources of his income, the amount
44

of his personal & family expenses & the
amount of income taxes paid for the next
preceding calendar year.
combinations and/or implementing decrees

and orders intended to benefit particular
persons or special interests
6. By taking undue advantage of official
position, authority, relationship, connection
or influence to unjustly enrich himself or
themselves
Section 8. Prima facie evidence of and

dismissal due to unexplained wealth.
A public official who has been found to have

acquired during his incumbency, whether in
his name or the name of other persons, an
amount of property and/or money manifestly
out of proportion to his salary and to his
lawful income (RA #1379) GROUND FOR
FORFEITURE
OF
UNEXPLAINED
WEALTH
Note: These SHOULD be committed by a

combination or through a series of acts. There
should be at least two acts otherwise the
accused should be charged with the particular
crime committed and not with plunder.
A
combination means at least two acts of a
different category while a series means at least
two acts of the same category (Estrada vs
Sandiganbayan November 21, 2001)
Section 11. Prescription of offenses.

15 YEARS prescriptive period of all
offenses under the Act.
Section 2. Definition of the Crime of

Plunder; Penalties.
Section 12. Termination of office.

NO PUBLIC OFFICER IS ALLOWED TO
RESIGN OR RETIRE:
1. Pending investigation, criminal or
administrative or
2. Pending a prosecution against him, or
3. For any offense under the Act or under
the provisions of the RPC on bribery.
Plunder - a crime committed by any public

officer, by himself, or in connivance with his
family, relatives by affinity or consanguinity,
business associates, subordinates or other
persons, by amassing, accumulating or
acquiring ill-gotten wealth in the aggregate
amount or total value of at least 50 million
pesos
Section 14. Exception.
Penalty - Reclusion Perpetua to Death

or
a
of
or
Mitigating and extenuating circumstances

shall be considered by the courts in the
imposition of penalty.
ANTI-PLUNDER ACT
RA 7080
Means or schemes to acquire ill-gotten
wealth:
It is not necessary to prove each and every

criminal act done. A pattern of overt or criminal
acts indicative of the over-all unlawful scheme or
conspiracy shall be sufficient.
Unsolicited gifts or presents of small

insignificant value offered or given as
mere ordinary token of gratitude
friendship according to local custom
usage.
Section 4. Rule of Evidence.
Section 5.
Benefits.
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 or any
other form of pecuniary benefit from any
person and/or entity in connection with any
government
contract/project or by
reason of his office/position
3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the
Government
4. 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
5. By establishing agricultural, industrial or
commercial
monopolies
or
other
Suspension and Loss of
Section 6. Prescription of Crimes

20 years prescription
ART. 213- FRAUDS AGAINST THE
PUBLIC TREASURY & SIMILAR
OFFENSES
ELEMENTS OF FRAUDS AGAINST PUBLIC
TREASURY (PAR.1):
1. That the offender be a public officer
2. That he intervened in the transaction in his
official capacity
3. That he entered into an agreement with any
interested party or speculator or made use
of any other scheme with regard to (1)
45

furnishing supplies (2) the making of
contracts, or (3) the adjustment or
settlement of accounts relating to public
property of funds
4. That the accused had intent to defraud the
Government.
CRIMES CALLED MALVERSATION OF

PUBLIC FUNDS OR PROPERTY
(ARTS. 217-221)
ART. 217- MALVERSATION OF
Punishable Acts:
1) Appropriating public funds or property
2) Taking or misappropriating the same
3) Consenting or through abandonment or
negligence, by permitting any other person to
take such public funds or property
ELEMENTS OF ILLEGAL EXACTIONS

(PAR.2):
1. The offender is a public officer entrusted
with the collection of taxes, licenses, fees, &
other imposts
2. He commits any of the ff. acts:
a. Demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law
b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially
c. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a nature
different from that provided by law
Officers or employees of the Bureau of
Internal Revenue or Bureau of Customs are
not covered by this article. The National
Internal Revenue Code or the Administrative
Code applies.
ART. 214- OTHER FRAUDS
COMMON ELEMENTS:
1. That the offender is a public officer who has:
a. Official custody of public funds or
property or the duty to collect or receive
funds due to the Government
b. The obligation to account for them to the
Government
2. That he had the custody or control of funds
or property by reason of the duties of his
office
3. That those funds or property were public
funds or property for which he was
accountable
4. That he appropriated, took, misappropriated
or consented or through abandonment or
negligence, permitted another person to
take them
MALVERSATION MAY BE COMMITTED BY
PRIVATE INDIVIDUALS IN THE FOLLOWING
CASES:
1) Those in conspiracy with public officers
guilty of malversation;
2) Those who are accessory or accomplice to a
public officer;
3) Custodian of public funds or property in
whatever capacity;
4) Depositary or administrator of public funds
or property.
The offender is a public officer who takes

advantage of his official position.
ART. 215- PROHIBITED

TRANSACTIONS
ELEMENTS:
1. That the offender is an appointive public
officer
2. That he becomes interested, directly or
indirectly, in any transaction of exchange or
speculation
3. That the transaction takes place within the
territory subject to his jurisdiction
4. That he becomes interested in the
transaction during his incumbency
PRESUMPTION
When demand is made to the
accountable officer to account for the funds and
property and the same is not forthcoming, the
presumption is that he misappropriated the
funds.
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
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 had acted
3) Guardians and executors with respect to the
property belonging to their wards or the estate
Malversation is principally distinguished

from estafa by:
a. The public or private character of the
accused
b. The nature of the funds
c. The fact that conversion is not required
in malversation
d. The rule that there is no need of prior
demand in malversation
e. The absence of a requirement of
damage in malversation
46

ART. 218- FAILURE OF
ACCOUNTABLE OFFICER TO RENDER
ACCOUNTS
ELEMENTS:
1. That the offender is a public officer, whether
in the service or separated therefrom
2. That he must be an accountable officer for
public funds or property
3. That he is required by the law or regulation
to render accounts to the Comm. on Audit,
or to the provincial auditor
4. That he fails to do so for a period of 2 mos.
after such accounts should be rendered
1) Failing to make payment by a public officer

who is under obligation to make such payment
from the Government funds in his possession
2) Refusing to make delivery by a public officer
who has been ordered by competent authority to
deliver any property in his custody or under his
administration (refusal must be malicious)
ART. 222-OFFICERS INCLUDED IN
THE PROVISIONS
Private Individuals who may be liable under Art.
217-221:
1. Private individuals who, in any capacity
whatsoever, have charge of any national,
provincial or municipal funds, revenue or
property
2. Administrator, depository of funds or
property, attached, seized, or deposited by
public authority even if such property
belongs to a private individual
Misappropriation is not necessary.
ART. 219- FAILURE OF A

RESPONSIBLE PUBLIC OFFICER TO
RENDER ACOUNTS BEFORE
LEAVING THE COUNTRY
ELEMENTS:
2. That he must be an accountable officer for
public funds or property
3. That he unlawfully left (or be on the point of
leaving) the Phils. without securing from the
Comm. on Audit a certificate showing that
his accounts have been finally settled
ART. 223- CONNIVING WITH OR

CONSENTING TO EVASION
ELEMENTS:
2. That he had in his custody or charge a
prisoner, either detention prisoner, or
prisoner by final judgement
3. That such prisoner escaped from his
custody
4. That he was in connivance with the prisoner
in the latters escape
ART. 220- ILLEGAL USE OF

This crime is known as technical
malversation because the fund or property is
already earmarked or appropriated for a certain
public purpose.
ART. 224- EVASION THROUGH

NEGLIGENCE
ELEMENTS:
2. That he is charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgement
3. That such prisoner escapes through his
negligence
ELEMENTS:
2. That there are public funds or property
under his administration
3. That such public fund or property has been
appropriated by law or ordinance
4. That he applies the same to a public use
other than that for which such fund or
property has been appropriated by law or
ordinance.
MALVERSATION
the public fund is to
be applied to the
personal use & benefit
of the offender or of
another person
ART. 225-ESCAPE OF PRISONER

UNDER THE CUSTODY OF A PERSON
NOT A PUBLIC OFFICER
ELEMENTS:
1. That the offender is a private person
2. That the conveyance or custody of a
prisoner or person under arrest is confided
to him
3. That the prisoner or person under arrest
escapes
4. That the offender consents to the escape of
the prisoner or person under arrest, or that
the escape takes place through his
negligence
ILLEGAL USE
the public fund or
property is applied to
another public use
ART. 221-FAILURE TO MAKE

DELIVERY OF PUBLIC FUNDS OR
PROPERTY
Punishable Acts:
ART. 226- REMOVAL,

CONCEALMENT, OR DESTRUCTION
47

OF DOCUMENTS
of a superior authority
3. That such judgment, decision, or order was
made by a superior authority and issued
with all the legal formalities
4. That the offender without any legal
justification openly refuses to execute the
said judgement, decision or order, which he
is duty bound to obey
ELEMENTS:
2. That he removes, destroys, conceals
documents or papers
3. That the said documents/ papers must be
entrusted to such public officer by reason of
his office
4. That damage, whether serious or not, to a
third party or to the public interest should
have been caused.
ART. 232-DISOBEDIENCE TO
ORDER OF SUPERIOR OFFICER
WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR OFFICER
ELEMENTS:
2. That an order is issued by his superior for
execution
3. That he has for any reason suspended the
execution of such order
4. That
his
superior
disapproves
the
suspension of the execution of the order
5. That the offender disobeys his superior
despite the disapproval of the suspension
ART. 227- OFFICER BREAKING

THE SEAL
ELEMENTS:
2. That he is charged with the custody of
papers or property
3. That these papers or property are sealed by
proper authority
4. That he breaks the seal or permits them to
be broken
ART. 233-REFUSAL OF
ASSISTANCE
ELEMENTS:
2. That a competent authority demands from
the offender that he lend his cooperation
towards the administration of justice or other
public service
3. That the offender fails to do so maliciously
ART. 228- OPENING OF CLOSED

DOCUMENTS
ELEMENTS:
2. That closed papers, documents, or objects
are entrusted to his custody
3. That he opens or permits to be opened said
closed papers, documents or objects
4. That he does not have the proper authority
ART. 234-REFUSAL TO
DISCHARGE ELECTIVE OFFICE
ELEMENTS:
1. That the offender is elected by popular
election to a public office
2. That he refuses to be sworn in or to
discharge the duties of said office
3. That there is no valid justification for such
refusal.
ART. 229- REVELATION OF

SECRETS BY AN OFFICER
Punishable Acts:
1) Revealing secrets known to the offending
public officer by reason of his official capacity
2) Delivering wrongfully papers or copies of
papers of which he may have charge and which
should not be published
ART. 235-MALTREATMENT OF
PRISONERS
ELEMENTS:
employee
2. That he has under his charge a prisoner or
detention prisoner
3. That he maltreats such prisoner:
a. By overdoing himself in the correction
and handling
i.
By the imposition of punishments
not authorized by the regulations
ii.
By inflicting such punishments
(those authorized) in a cruel and
humiliating manner
b. By maltreating such prisoner to extort a
confession
or
to
obtain
some
ART. 230- PUBLIC OFFICER

REVEALING SECRETS OF PRIVATE
INDIVIDUAL
ELEMENTS:
2. That he knows of the secrets of a private
individual by reason of his office
3. That he reveals such secrets without
authority or justifiable reason
ART. 231- OPEN DISOBEDIENCE
ELEMENTS:
1. That the offender is a judicial or executive
officer
2. That there is a judgement, decision, or order
48

information from the prisoner
2. That he (a) assumes judicial powers, or (b)

obstructs the execution of an order or
decision rendered by any judge within his
jurisdiction
ART. 236-ANTICIPATION OF
DUTIES OF PUBLIC OFFICE
ELEMENTS:
1. That the offender is entitled to hold a public
office or employment, either by election or
appointment
2. That the law requires that he should first be
sworn in and/ or should first give a bond
3. That he assumes the performance of the
duties and powers of such office
4. That he has not taken his oath of office
and/or given the bond required by law
ART. 242-DISOBEYING REQUEST

FOR DISQUALIFICATION
ELEMENTS:
2. That a proceeding is pending before such
public officer
3. That there is a question before the proper
authority regarding his jurisdiction which is
not yet decided
4. That he has been lawfully required to refrain
from continuing the proceeding
5. That he continues the proceeding.
ART. 237-PROLONGING
PERFORMANCE OF DUTIES AND
POWERS
ELEMENTS:
1. That the offender is holding a public office
2. That the period provided by law, regulations,
or special provisions for holding such office,
has already expired
3. That he continues to exercise the duties and
powers of such office
ART. 243-ORDERS OR REQUESTS

BY EXEC. OFFICERS TO ANY
JUDICIAL AUTHORITY
ELEMENTS:
2. That he addresses any order or suggestion
to any judicial authority
3. That the order or suggestion relates to any
case or business coming within the
exclusive jurisdiction of the courts of justice
ART. 238-ABANDONMENT OF
OFFICE OR POSITION
ELEMENTS:
2. That he formally resigns from his position
3. That his resignation has not yet been
accepted
4. That he abandons his office to the detriment
of the public service
ART. 244-UNLAWFUL
APPOINTMENTS
ELEMENTS:
2. That he nominates or appoints a person to a
public office
3. That such person lacks the legal
qualification
4. That the offender knows that his nominee or
appointee lacks the qualifications at the time
he made the nomination or appointment
LEGISLATIVE POWERS
ELEMENTS:
1. That the offender is an executive or judicial
officer
2. That he (a) makes general rules/regulations
beyond the scope of his authority; (b)
attempts to repeal a law (c) suspends the
execution thereof
ART. 245-ABUSES AGAINST

CHASTITY
ELEMENTS:
1. Offender is a public officer
2. He solicits or makes immoral or indecent
advances to a woman
3. Such woman must be:
a) 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
b) under the custody of such offender who
is a warden or other public officer
c) wife, daughter, sister or relative within
the same degree by affinity of the
person under the custody of the offender
EXECUTIVE FUNCTIONS
ELEMENTS:
2. That he (a) assumes a power pertaining to
the executive authorities, or (b) obstructs
executive authorities in the lawful exercise of
their powers
ART. 241- USURPATION OF

JUDICIAL FUNCTIONS
ELEMENTS
1. That the offender is an officer of the
executive branch of the Government.
CRIMES AGAINST PERSONS

(ARTS. 246-266)
49

ART. 246-PARRICIDE
ELEMENTS:
1. That a person is killed
2. That the deceased is killed by the accused
3. That the deceased is the father, mother, or
child (not less than 3 days old), whether
legitimate or illegitimate, or a legitimate
other ascendant or legitimate other
descendant, or the legitimate spouse, of the
accused
4) On occasion of any of the calamities

enumerated in the preceding par., or an
earthquake, eruption of a volcano, destructive
cyclone, epidemic or any other public calamity
5) With evident premeditation
6) With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse
Cases of parricide when the penalty shall

not be reclusion perpetua to death:
1) parricide through negligence (art
365)
2) parricide by mistake (art 249)
3) parricide under exceptional
circumstances (art 247)
ART. 247-DEATH OR PHYSICAL

INJURIES UNDER EXCEPTIONAL
CIRCUMSTANCES
ELEMENTS:
1. That a legally married person or parent
surprises his spouse or his daughter, the
latter under 18 yrs of age and living with
him, in the act of committing sexual
intercourse with another person
2. That he/ she kills any or both of them or
inflicts upon any or both of them any serous
physical injury in the act or immediately
thereafter
3. 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
The discovery, the escape, the pursuit and

the killing must all form part of one
continuous act
Applicable only when the daughter is single
ART. 249-HOMICIDE
This is the unlawful killing of any person,

which is neither parricide, murder nor
infanticide
Intent to kill is conclusively presumed when

death results; evidence of intent to kill is
important only in attempted or frustrated
homicide.
ACCIDENTAL HOMICIDE - is the death of a

person brought about by a lawful act
performed with proper care and skill and
without homicidal intent
ART. 250-PENALTY FOR
FRUSTRATED PARRICIDE, MURDER,
HOMICIDE
ART. 251- DEATH CAUSED IN A

TUMULTUOUS AFFRAY
ELEMENTS:
1. That there be at least 4 persons
2. That they did not compose groups organized
for the common purpose of assaulting and
attacking each other reciprocally
3. That several persons quarreled and
assaulted one another in a confused and
tumultuous affray
4. That someone was killed in the course of the
affray
5. That it cannot be ascertained who actually
killed the deceased
6. That the person or persons who inflicted
serious physical injuries or who used
violence can be identified
ART. 248-MURDER
Unlawful killing of any person which is not
parricide or infanticide, provided that any of the
ff. circumstances is present:
1) 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
ART. 252-PHYSICAL INJURIES IN

A TUMULTUOUS AFFRAY
ELEMENTS:
1. That there is a tumultuous affray as referred
to in the preceding article
2. That a participant or some participants
thereof suffered serious physical injuries or
physical injuries of a less serious nature
3. That the person responsible cannot be
identified
4. That all those who appear to have used
violence upon the person of the offended
party are known
2) In consideration of a price, reward, or a

promise
3) By means of inundation, fire, poison,
explosion, shipwreck, stranding a vessel,
derailment of or assault upon a street car or
locomotive, fall of an airship, by means of motor
vehicles, or with the use of any means involving
great waste and ruin
50

The intentional abortion is caused by --1) The pregnant woman herself

2) Any other person, with her consent
3) Any of her parents, with her consent for the
purpose of concealing her dishonor
Injured party must be a participant in the

affray
ART. 253-GIVING ASSISTANCE TO

SUICIDE
Punishable Acts:
1) Assisting another to commit suicide, whether
the suicide is consummated or not
2) Lending his assistance to another to commit
suicide to the extent of doing the killing himself
Liability of pregnant woman is mitigated

if the purpose is to conceal dishonor
No mitigation on the parents of the

woman unlike in infanticide
ART. 259-ABORTION PRACTICED

BY A PHYSICIAN OR MIDWIFE AND
DISPENSING OF ABORTIVES
REQUISITES:
1. The offender be a physician or midwife,
2. That such person causes or assists in
causing the abortion
3. Said physician or midwife takes advantage
of his scientific knowledge or skill.
EUTHANASIA Mercy Killing Practice of

painlessly putting to death a person suffering
from some incurable disease. Not considered as
included in Art 253 because the person killed
does not want to die. A doctor who resorts to
euthanasia may be liable for murder.
ART. 254-DISCHARGE OF
FIREARM
ELEMENTS:
1. That the offender discharges a firearm
against or at another person
2. That the offender has no intention to kill that
person
AS TO PHARMACISTS,
There is no proper prescription from a physician
and the offender dispenses any abortive
substance.
ART. 255-INFANTICIDE
This is the killing of any child less than 3

days (72 hours) of age
Only
the
mother
and
maternal
grandparents of the child are entitled to the
mitigating circumstance of concealing the
dishonor
ART. 260-RESPONSIBILITY OF
PARTICIPANTS IN A DUEL
DUEL: Formal or regular combat previously
concerted between parties in the presence of
two or more seconds of lawful age on each side,
who make selection of arms and fix all other
conditions of the fight.
PERSONS LIABLE:
1) The person who killed or inflicted physical
injuries upon his adversary, or both combatants
in any other case, as principals
2) The seconds, as accomplices
ART. 256-INTENTIONAL
ABORTION
WAYS TO COMMIT:
1) By using violence upon the person of the
pregnant woman
2) By acting, without using violence and
without the consent of the woman (by
administering drugs/beverages upon a pregnant
without her consent)
3) By acting, with the consent of the pregnant
woman (by administering drugs/beverages)
ART. 261-CHALLENGING TO A
DUEL
PUNISHABLE ACTS:
1) Challenging another to a duel
2) Inciting another to give or accept a
challenge to a duel
3) Scoffing at or decrying another publicly for
having refused to accept a challenge to fight a
duel
ART. 257-UNINTENTIONAL
ABORTION
REQUISITES:
1. Violence is used upon such pregnant
woman without intending an abortion
2. Violence is intentionally exerted
PERSONS LIABLE:
1) Challenger
2) Instigators
ART. 258-ABORTION PRACTICED

BY THE WOMAN HERSELF OR BY
HER PARENTS
PHYSICAL INJURIES
ART. 262-MUTILATION
Offender must have the intention to deprive
51

PHYSICAL INJURIES
ELEMENTS:
1. The offended party is incapacitated for labor
for 10 days or more but not more than 30, or
needs attendance for the same period
2. The physical injuries must not be those
described in the preceding articles
the offended party of a part of his body.
ART. 263-SERIOUS PHYSICAL

INJURIES
SERIOUS PHYSICAL INJURIES:

1) When the injured person becomes insane,
impotent, imbecile, or blind in consequence of
the physical injuries inflicted
2) When the injured person loses the use of
speech, or the power to hear or to smell, loses
an eye, a hand, a foot, an arm, or a leg, or loses
the use of any of such member, or becomes
incapacitated for the work in which he was
habitually engaged in consequence of the
physical injuries
3) When the person injured, becomes
deformed, or loses any other member of his
body, or becomes ill or incapacitated for the
performance of the work in which he was
habitually engaged for more than 90 days, in
consequence of the physical injuries inflicted
4) When the injured person becomes ill or
incapacitated for labor for more than 30 days but
not
more than 90 days as a result of the
physical injuries inflicted
QUALIFIED LESS SERIOUS PHYSICAL

INJURIES
1) There is manifest intent to insult or offend
the injured person
2) There are circumstances adding ignominy
3) When the victim is either the offenders
parents, ascendants, guardians, curators or
teachers; Persons of rank or persons in
authority, provided the crime is not direct assault
KINDS:
1) Physical injuries which incapacitated the
offended party from one to nine 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
3) Ill-treatment of another by deed without
causing any injury
Medical attendance not necessary
DEFORMITY requisites:
1) Physical ugliness
2) Permanent and definite abnormality
3) Conspicuous and visible
4) There must be no intent to kill, otherwise,
the crime would be frustrated or attempted
murder, parricide, homicide as the case may be
ART. 266-A - THE NEW ANTIRAPE LAW (RA8353)

Classification of Rape
1) Traditional - under Art 335
2) Sexual Assault - RA 8353
QUALIFYING CIRCUMSTANCES:
1) Offense committed against persons
enumerated in the crime of parricide
2) With the attendance of circumstance which
qualify the crime to murder
REPUBLIC ACT 8353

How rape is committed:
1) By a man who shall have carnal knowledge
of a woman under any of the ff. circumstances:
a) Through force, threat or intimidation
b) When the offended party is deprived
of reason or otherwise unconscious
c) By means of fraudulent machination
or grave abuse of authority
d) When the offended party is under 12
years of age or is demented even
though none of the circumstances
mentioned above be present
5) By any person (male or female) who, under
any of the circumstances mentioned in par. 1
hereof, shall commit an act of sexual assault by
inserting his penis into another persons mouth,
or anal orifice or any instrument or object, into
the genital or anal orifice of another person
The qualified penalties are not

applicable to parents who inflict serious
physical injuries upon their children by
excessive chastisement
ART. 264- ADMINISTERING
INJURIOUS SUBSTANCES OR
BEVERAGES
ELEMENTS:
1. That the offender inflicted upon another any
serious physical injuries
2. That it was done by knowingly administering
to him any injurious substances or
beverages or by taking advantage of his
weakness of mind or credulity
3. That he had no intention to kill (otherwise
frustrated murder)
ART. 266-SLIGHT PHYSICAL

INJURIES
AGGRAVATING/QUALIFYING
CIRCUMSTANCES : punishable by death
ART. 265-LESS SERIOUS

52

SERIOUS ILLEGAL DETENTION
ELEMENTS:
1. That the offender is a private individual
2. That he kidnaps or detains another, or in any
manner deprives the latter of his liberty
3. That the act of detention or kidnapping must
be illegal
4. That in the commission of the offense, any
of the ff. circumstances is present:
a) That the kidnapping or detention
lasts for more than 3 days
b) That it is committed simulating
public authority
c) That any serious physical injuries
are inflicted upon the person
kidnapped or detained or threats to
kill him are made
d) That the person kidnapped or
detained is a minor, except when
the accused is any of the parents, a
female or a public officer
1) When the victim is under 18 years of age and

the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity
within the third civil degree, or the common law
spouse of the parent of the victim
2) When the victim is under the custody of the
police or military authorities or any law
enforcement or penal institution
3) When the rape is committed in full view of the
spouse, parent, or any of the children or other
relatives within the third civil degree of
consanguinity
4) When the victim is a religious engaged in
legitimate religious vocation or calling and is
personally known to be such by the offender
before or at the time of the commission of the
crime
5) When the victim is a child below 7 years old
QUALIFYING CIRCUMSTANCES: DEATH

PENALTY
1) Purpose is to extort ransom
2) If victim is killed, raped or tortured as a
consequence
6) When the offender knows that he is afflicted

with HIV/AIDS or any other sexually
transmissible disease and the virus or disease is
transmitted to the victim
7) When committed by any member of the AFP

or para-military units thereof of the PNP or any
law enforcement agency or penal institution,
when the offender took advantage of his position
to facilitate the commission of the crime
8) When by reason or on the occasion of the
rape, the victim has suffered permanent physical
mutilation or disability
ILLEGAL
DETENTION
Committed by a
private individual who
unlawfully kidnaps,
detains or otherwise
deprives a person of
liberty
Crime is against
personal liberty and
security
9) When the offender knew of the pregnancy of

the offended party at the time of the commission
of the crime
10) When the offender knew of the mental
disability, emotional disorder and/ or physical
disability of the offended party at the time of the
commission of the crime
Death shall also be imposed when homicide

is committed
ARBITRARY
DETENTION
Committed by a
public officer or
employee who detains
a person without legal
ground
Crime against the
fundamental law of the
State
ART. 268- SLIGHT ILLEGAL

DETENTION
ELEMENTS:
1. That the offender is a private individual
2. That he kidnaps or detains another, or in any
manner deprives him of his liberty
3. That the act of kidnapping or detention is
illegal
4. That the crime is committed without the
attendance of any of the circumstances
enumerated in 267
EFFECT OF PARDON:
1) The subsequent valid marriage between the
offender and the offended party shall extinguish
criminal liability (only as to the husband)
2) The subsequent forgiveness of the wife to
the legal husband
CRIMES AGAINST LIBERTY
(ARTS. 267-274)
COMPLEX CRIME OF KIDNAPPING WITH

MURDER when victim is killed because of
his refusal to pay the ransom; kidnapping
being necessary to commit the murder; but
where he was taken for the purpose of killing
him and not for detaining him, crime
committed is MURDER
ART. 267-KIDNAPPING AND
LIABILITY MITIGATED WHEN:

53

CHILD LABOR
1) Offender voluntarily releases the person so

kidnapped or detained within three days from
the commencement of the detention,
2) without having attained the purpose
intended, and
3) before the institution of criminal proceedings
against him
ELEMENTS:
1. The offender retains a minor in his service
2. That it is against the will of the minor
3. That it is under the pretext of reimbursing
himself of a debt incurred by an ascendant,
guardian or person entrusted with the
custody of such minor
ART. 269-UNLAWFUL ARREST

ELEMENTS:
1. That the offender arrests or detains another
person
2. That the purpose of the offender is to deliver
him to the proper authorities
3. That the arrest or detention is not authorized
by law
ART.125
Detention is for
some legal ground
ART.269
Detention is not
authorized by law
Crime is committed
by failing to deliver
such person to the
proper judicial
authority within a
certain period of time
Committed by
making an arrest not
authorized by law
ART. 274- SERVICES RENDERED

UNDER COMPULSION IN PAYMENT
OF DEBT
ELEMENTS:
1. That the offender compels a debtor to work
for him, either as household servant or farm
laborer
2. That it is against the debtors will
3. That the purpose is to require or enforce the
payment of a debt
CRIMES AGAINST SECURITY
(ARTS. 275-292)
PERSONS IN DANGER AND
ABANDONMENT OF ONES OWN
VICTIM
PUNISHABLE ACTS:
1) Failing to render assistance to any person
whom the offender finds in an uninhabited place,
wounded or in danger of dying, when he can
render such assistance without detriment to
himself, unless such omission shall constitute a
more serious offense
ART. 270- KIDNAPPING AND

FAILURE TO RETURN A MINOR
ELEMENTS:
1. That the offender is entrusted with the
custody of a minor person (over or under 7
but less than 21)
2. That he deliberately fails to restore the said
minor to his parents or guardian
When committed by either parent, penalty is

only arresto mayor.
ART. 271- INDUCING A MINOR TO

ABANDON HIS HOME
Inducement must be (1) actual, and (2)

committed with criminal intent
Father or mother may commit crimes under

Arts. 270 & 271 where they are living
separately and the custody of the minor
child has been given to one of them
2) Failing to help/ render assistance to another

whom the offender has accidentally wounded or
injured
3) Failing to deliver a child, under seven yrs.
whom the offender has found abandoned, to the
authorities or to his family, or by failing to take
him to a safe place
ART. 276-ABANDONING A MINOR
ELEMENTS:
1. That the offender has the custody of a child
2. That the child is under seven yrs.
3. That he abandons such child
4. That he has no intent to kill the child when
the latter is abandoned
MINOR BY PERSON ENTRUSTED
WITH HIS CUSTODY; INDIFFERENCE
OF PARENTS
ELEMENTS OF ABANDONMENT OF MINOR:
1. That the offender has charge of the rearing
or education of a minor
2. That he delivers said minor to a public
institution or other persons
ART. 272-SLAVERY
ELEMENTS:
1. That the offender purchases, sells, kidnaps,
or detains a human being
2. That the purpose of the offender is to
enslave such human being
ART. 273-EXPLOITATION OF
54

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

violence/intimidation
ELEMENTS OF INDIFFERENCE OF
PARENTS:
1. That the offender is a parent
2. That he neglects his children by not giving
them education
3. That his station in life requires such
education and his financial condition permits
it
4. Failure to give education must be due to
deliberate desire to evade such obligation
ART. 278-EXPLOITATION OF
MINORS
Prohibited Acts:
1) Causing any boy or girl under 16 to perform
any dangerous feat of balancing, physical
strength, or contortion, the offender being any
person
2) Employing children under 16 who are not

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 mgr. or engaged in a
similar calling
ART. 281-OTHER FORMS OF

TRESPASS
ART.280
Offender is a private
person
ART. 281
The offender is any
person
Offender enters a
dwelling house
Offender enters
closed premises or
fenced estate
Place entered is
inhabited
Act constituting the
crime is entering the
dwelling against the
will of the owner;
Place entered is
uninhabited
It is the entering the
closed premises or the
fenced estate without
securing the
permission of the
owner or caretaker
thereof
Prohibition to enter is
express or implied
Prohibition to enter
must be manifest
ART. 282-GRAVE THREATS

Prohibited Acts:
Threatening another with the infliction upon his
person, honor, or property or that of his family
any wrong amounting to a crime:
a) Demanding money or imposing a
condition
b) Without any such demand or condition
Qualifying Circumstance:
If threat was made in writing or through
a middleman
3) Employing any descendant under 12 years

of age in dangerous exhibitions enumerated in
the next preceding par., the offender being
engaged in any of the said callings
4) Delivering a child under 16 gratuitously to
any person ff. any callings enumerated, 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
ART. 283- LIGHT THREATS

ELEMENTS:
1. That the offender makes threat to commit a
wrong
2. That the wrong does not constitute a crime
3. That there is a demand for money or that
other condition is imposed, even though not
unlawful
5) Inducing any child under 16 to abandon the

home of its ascendants, guardians, curators or
teachers to follow any person engaged in any
callings mentioned or to accompany any
habitual vagrant or beggar, the offender being
any person
Note: RA 7610 punishes abuse, exploitation and
discrimination of minors
ART. 280-QUALIFIED TRESPASS

TO DWELLING
ELEMENTS:
1. That the offender is a private person
2. That he enters the dwelling of another
3. That such entrance is against the latters will
Blackmailing may be punished under Art.

283
ART. 284- BOND FOR GOOD

BEHAVIOR
ART. 285-OTHER LIGHT THREATS

Prohibited Acts:
1) Threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it be
55

THREATS
in lawful self-defense
2) Orally threatening another, in the heat of
anger, with some harm constituting a crime,
without persisting in the idea involved in his
threat
3) Orally threatening to do another any harm
not constituting a felony
Pls see Labor Code Arts. 263, 264, 272 and 288
ART. 290- DISCOVERING
SECRETS THROUGH SEIZURE OF
CORRESPONDENCE
ELEMENTS:
1. That the offender is a private individual or
even a public officer not in the exercise of
his official function
2. That he seizes the papers or letters of
another
3. That the purpose is to discover the secrets
of such other person
4. That offender is informed of the contents of
the papers or letters seized
ART. 286-GRAVE COERCION

ELEMENTS:
1. That a person prevented another from doing
something not prohibited by law, or
by compelling him to do something against
his will, be it right or wrong
2. That the prevention or compulsion be
effected by violence, either by material force
or such display of force as would produce
intimidation and control the will of the
offended party
3. That the person that restrained the will and
liberty of another had no authority
ART. 291-REVEALING SECRETS

WITH ABUSE OF OFFICE
ELEMENTS:
1. That the offender is a manager, employee or
servant
2. That he learns the secrets of his principal or
master in such capacity
3. That he reveals such secrets
ART. 287- LIGHT COERCION

ELEMENTS:
1. That the offender must be a creditor
2. That he seizes anything belonging to his
debtor
3. That the seizure of the thing be
accomplished by means of violence or a
display of material force producing
intimidation
4. That the purpose of the offender is to apply
the same to the payment of the debt
Damage not necessary
ART. 292-REVELATION OF
INDUSTRIAL SECRETS
ELEMENTS:
1. That the offender is a person in charge,
employee or workman of a manufacturing or
industrial establishment
2. That
the
manufacturing/industrial
establishment has a secret of the industry
which the offender has learned
3. That the offender reveals such secrets
4. That prejudice is caused to the owner
UNJUST VEXATION
includes any human
conduct which, although not productive of some
physical or material harm would, however,
unjustly annoy or vex an innocent person.
ART. 288- OTHER SIMILAR
COERCIONS (COMPULSORY
PURCHASE OF MERCHANDISE &
PAYMENT OF WAGES BY MEANS OF
TOKENS)
Prohibited Acts:
1) Forcing or compelling, directly or indirectly,
or knowingly permitting the forcing or compelling
of the laborer or employee of the offender to
purchase merchandise or commodities of any
kind from him
2) Paying the wages due his laborer or
employee by means of tokens or objects other
than the legal tender currency of the Phil.,
unless expressly requested by such laborer or
employee
CRIMES AGAINST PROPERTY

(ARTS. 293-331)
ART. 293-ROBBERY
CLASSIFICATION OF ROBBERY
1. Robbery with violence against, or
intimidation of persons (294,297,298)
2. Robbery by use of force upon things (299&
302)
ELEMENTS OF ROBBERY IN GENERAL:
1. That there be personal property belonging to
another;
2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
4. That there is violence against or intimidation
of any person/ or force used upon things
ART. 289-FORMATION,
MAINTENANCE, & PROHIBITION OF
COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR
56

Violence or intimidation must be present

before the taking of personal property is
complete
REPUBLIC ACT 6539 applies when the

property taken in robbery is a motor vehicle
(CARNAPPING)
by law without prejudice to the criminal liability

for illegal possession of such firearms.
3) Any member by a band who was present at
the commission of a robbery by the band, shall
be punished as principal of any of the assaults
committed by the band, unless it be shown that
he attempted to prevent the same.
CLASS I
ART. 297-ATTEMPTED AND

FRUSTRATED ROBBERY COMMITTED
UNDER CERTAIN CIRCUMSTANCES
ART. 294- ROBBERY WITH

VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
This article punishes robbery with either

homicide, rape, mutilation, arson, serious
physical injuries or with clearly unnecessary
violence. These offenses are known as
SPECIAL COMPLEX CRIMES.
ROBBERY
The victim is
deprived of his money,
property by force or
intimidation
SPECIAL COMPLEX CRIME: When

robbery is attempted or frustrated but
homicide is attendant
ART. 298-EXECUTION OF DEEDS

BY MEANS OF VIOLENCE OR
INTIMIDATION
ELEMENTS:
1. That the offender has intent to defraud
another
2. That the offender compels him to sign,
execute, or deliver any public instrument or
document
3. That the compulsion is by means of violence
or intimidation
BRIBERY
He parts with his
money in a sense
voluntarily
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
Qualified Robbery with Force or Intimidation
of Persons:
Nos. 3,4,5 of Article 294: if committed1) 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.
CLASS II
ROBBERY BY THE USE OF FORCE UPON
THINGS
ART. 299- ROBBERY IN AN
INHABITED HOUSE/ PUBLIC
BUILDING OR EDIFICE DEVOTED TO
WORSHIP
ELEMENTS: (Subdivision A)
1. The offender entered (a) an inhabited house
(b) a public building or (c) an edifice devoted
to religious worship
2. The entrance was effected by any of the
following means:
a) Through an opening not intended for
entrance or egress;
b) By breaking any wall, roof, floor,
door or window;
c) By using false keys, picklocks or
similar tools; or
d) By using any fictitious name or
pretending the exercise of public
authority
ART. 296- DEFINITION OF A

BAND AND PENALTY INCURRED BY
THE MEMBERS THEREOF
OUTLINE
1) When at least four armed malefactors take
part in the commission of a robbery, it is deemed
committed by a band.
The whole body of the culprit must be inside

the building to constitute entering
ELEMENTS: (Subdivision B)
1. Offender is inside a dwelling house, public
building or edifice devoted to religious
worship, regardless of the circumstances
under which he entered.
2) When any of the arms used in the

commission of robbery is not licensed, the
penalty upon all the malefactors shall be the
maximum of the corresponding penalty provided
57

2. The offender takes personal property
belonging to another with intent to gain
under any of the following circumstances:
a. by
the
breaking
of
doors,
wardrobes, chests, or any other kind
of sealed furniture or receptacle
b. by taking such furniture or objects
away to be broken or forced open
outside the place of the robbery
Any person who aids or abets the

commission of highway robbery or brigandage
shall be considered accomplices.
a) by giving information about the
movement of police or other peace
officers of the government
b) acquires or receives property taken
from such brigands
c) in any manner derives any benefit
therefrom
d) directly/indirectly abets the
commission of highway robbery
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
BRIGANDAGE
1. Purpose: commit
robbery in highway; or
to kidnap person for
ransom; or any other
purpose attained by
force and violence
2. Agreement is to
commit several
robberies
3. Mere formation is
punished
When committed in an uninhabited place

AND by a band, as distinguished from
Qualified Robbery with Violence or
Intimidation of Persons (Art 295) which is
committed in an uninhabited place OR by a
band.
ART. 302 - ROBBERY IN AN

UNINHABITED PLACE OR IN A
PRIVATE BUILDING
Same manner of commission as Article 299
ROBBERY IN BAND
1. Purpose: commit
robbery, not
necessarily in
highways
2. Agreement to
commit a particular
robbery
3. Actual commission
of robbery necessary
ART. 308-WHO ARE LIABLE FOR

THEFT
ELEMENTS:
1. That there be taking of personal property
2. That said property belongs to another
3. That the taking be done with intent to gain
4. That the taking be done without the consent
of the owner
5. That the taking be accomplished without the
use of violence against or intimidation of
persons or force upon things
ART. 304- POSSESSION OF

PICKLOCKS OR SIMILAR TOOLS
ELEMENTS:
1. That the offender has in his possession
picklocks or similar tools
2. That such picklocks or similar tools are
specially adopted to the commission of
robbery
3. That the offender does not have lawful
cause for such possession
ART. 305 FALSE KEYS

INCLUSIONS:
1. Tools not mentioned in the next preceding
article
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the
owner for use in the lock forcibly opened by
the offender
What distinguishes THEFT from ROBBERY

is that in theft the offender does not use
violence or intimidation or does not enter a
house or building through any of the means
specified in Art. 299 or Art. 302 in taking
personal property of another with intent to
gain
ART. 310-QUALIFIED THEFT

There is qualified theft in the ff. instances:
1) If theft is committed by a domestic servant
PRESIDENTIAL DECREE 532 modified

Art 306 & 307
ART. 306 BRIGANDAGE
ELEMENTS:
1. There be at least four armed persons.
2. They formed a band of robbers.
3. The purpose is any of the following:
a) To commit robbery in a highway; or
b) To kidnap persons for the purpose of
extortion or to obtain ransom; or
c) To attain by means of force or
violence any other purpose
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 the premises of plantation
5) If the property stolen is fish taken from a
fishpond or fishery
58

ART. 312- OCCUPATION OF REAL
PROPERTY OR USURPATION OF
REAL RIGHTS IN PROPERTY
ELEMENTS:
1. That the offender takes possession of any
real property or usurps any real rights in
property
2. That the real property or real rights belong to
another
3. That violence against or intimidation of
persons is used by the offender in occupying
real property or usurping real property or
usurping real rights in property
4. That there is intent to gain
6) If property is taken on the occasion of fire,

earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil
disturbance
PRESIDENTIAL DECREE 533 ANTICATTLE RUSTLING LAW OF 1974

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 or not 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 or hide
without the consent of the owner /raiser.
THEFT/ROBBERY
Personal property is
taken
Note: Cattle rustling is mala in se since PD 533

is an amendment to Arts. 308, 309 and 310 of
the RPC (TAER vs. CA)
ART.313 - ALTERING
BOUNDARIES OR LANDMARKS
ELEMENTS:
1. That there be boundaries marks or
monuments of towns, provinces, or estates,
or any other marks intended to designate
the boundaries of the same
2. That the offender alters said boundary
marks
ANTI-FENCING LAW
(PD #1612)
Section 2. Definition of Terms.
Fencing - the act of any person who, w/ 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
w/c he knows, or should be known to him, to
have been derived from the proceeds of the
crime of robbery or theft.
ART. 314- FRAUDULENT

INSOLVENCY
ELEMENTS:
1. That the offender is a debtor
2. That he absconds with his property
3. That there be prejudice to his creditors
ART. 315-SWINDLING/ESTAFA
ELEMENTS in general
1. That the accused defrauded another by
abuse of confidence, or by means of deceit
2. That damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third persons
Section 5. Presumption of Fencing.

Mere possession of any good, article, item,
object, or anything of value w/c has been the
subject of robbery or thievery shall be prima
facie evidence of fencing.
Section 6. Clearance/Permit to Sell Used/
Second Hand Articles.
ART.312
Real property or real
right involved
All stores, establishments or entities dealing

in the buy and sell of any good, article, item,
object or anything of value shall before
offering the same for sale to the public,
secure the necessary clearance or permit
from the station commander of the
Integrated National Police in the town or city
where such store, establishment or entity is
located.
ESTAFA WITH UNFAITHFULNESS OR ABUSE

OF CONFIDENCE
ELEMENTS OF 315, NO.1 (A):
1. That the offender has an onerous obligation
to deliver something of value
2. That he alters its substance, quantity or
quality
3. That damage or prejudice is caused to
another
Any person who fails to secure the required

clearance/permit shall also be punished as a
fence.
ELEMENTS OF 315, NO.1 (B)

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

(ARTS. 312 & 313)
59

2. That
there
be
misappropriation
or
conversion of such money or property by the
offender, or denial on his part of such receipt
3. That such misappropriation or conversion or
denial is to the prejudice of another
4. That there is demand made by the offended
party to the offender
THEFT
if he had acquired
only the material or
physical possession of
the thing
ESTAFA
The funds or
property are private
Offender is a private
individual or even a
public officer who is
not accountable for
public funds or
property
Crime is committed
by misappropriating,
converting or denying
having received
money, goods, or other
personal property
the false pretense, fraudulent act, or

fraudulent means
4. That as a result thereof, the offended party
suffered damage
315 NO.2 (A)
1) By using a fictitious name
2) By falsely pretending to possess power,
influence, qualifications, property, credit, agency,
business or imaginary transactions
3) By means of other similar deceits
ESTAFA
if in receiving the
thing from the offended
party, the offender
acquired
also
the
juridical possession of
the thing and he later
misappropriated it
315 No.2 (B)

By altering the quality, fineness or
weight of anything pertaining to his business
315 No.2 (C)
By pretending to have bribed any
Government employee
MALVERSATION
Usually public funds
or property
Offender who is
usually a public officer
is accountable for
public funds or
property
ELEMENTS OF 315 No. 2 (D)

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
Crime is committed
by appropriating,
taking or
misappropriating or
consenting, or through
abandonment or
negligence, permitting
any other person to
take the public funds or
property
ELEMENTS OF 315, NO.1 (C)
1. That the paper with the signature of the
offended party be in blank
2. That the offended party should have
delivered it to the offender
3. That above the signature of the offended
party a document is written by the offender
without authority to do so
4. That the document so written creates a
liability of, or causes damage to the
offended party or any third person
BATAS PAMBANSA 22
Bouncing Checks Law
Section 1. Checks Without Sufficient Funds
2 Offenses punished in BP 22
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.
ESTAFA BY MEANS OF DECEIT (Art. 315,

nos. 2 and 3)
ELEMENTS OF 315, NO.2:
1. That there must be false pretense,
fraudulent act or fraudulent means
2. That such false pretense, fraudulent act or
fraudulent means must be made or
executed prior to or simultaneously with the
commission of fraud
3. That the offended party must have relied on
the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to
part with is money or property because of
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
60

c.
amount if presented within a period of

90 days from the date of appearing
thereon.
That the check is dishonored.
3 WAYS TO COMMIT 315, NO. 2(E)

1) By
obtaining
food,
refreshment
or
accommodation at hotel, inn, restaurant,
boarding house, lodging house or apartment
house without paying therefor, with intent to
defraud the proprietor or manager thereof
2) By obtaining credit at any of the said
establishments by the use of any false pretense
3) By abandoning or surreptitiously removing
any part of his baggage from any of the said
establishment after obtaining credit, food,
refreshment or accommodation therein, without
paying
VACA CASE:
Imposed only the fine and not imprisonment.
However, in case of insolvency then subsidiary
imprisonment is applied.
It does not, however, altogether remove
from the trial court the discretion to impose the
penalty of imprisonment when the
circumstances so warrant.
Prosecution under BP 22 shall be without

prejudice to any liability for any violation in
the RPC.
The fine under BP22 is based on the

amount of the check and is without regard to
the amount of damaged caused.
BP22
1. endorsers are not
liable;
2. malum prohibitum;
3. Issuance of check
is for value or on
account;
4. a crime against
public interest because
it affects the entire
banking system;
5. Deceit
and
damage
are
not
elements of the crime;
The gravamen of the
offense is the issuance
of the check
6. The drawer is
given 5 days after
receiving notice of
dishonor within which
to pay or make
arrangements
for
payment;
7. that there are no
funds or there are
insufficient funds at the
time of issuance
ELEMENTS OF 315 NO. 3 (A)

1. That the offender induced the offended party
to sign a document
2. The deceit be employed to make him sign
the document
3. That the offended party personally signed
the document
4. That prejudice be caused
RPC
1. endorsers
who
acted
with
deceit
knowing that the check
is worthless will be
criminally liable;
2. malum in se;
315 No. 3 (B) - resorting to some fraudulent

practice to insure success in a gambling game
ELEMENTS OF 315 NO. 3 (C)
1. That there be court record, office files,
documents or any other papers
2. That the offender removed, concealed or
destroyed any of them
3. That the offender had intent to defraud
another
3. It is the means to
obtain the valuable
consideration from the
payee (debt is not preexisting).
4. a crime against
property;
INFIDELITY IN
CUSTODY OF
DOCUMENT (Art.226)
Offender is a public
officer who is officially
entrusted with the
document
5. False pretenses or
deceit and damage or
at least intent to cause
damage are essential
and the false
pretenses must be
prior to or
simultaneous with the
damage caused.
6. given 3 days after
receiving notice of
dishonor;
ESTAFA (Art.315C)
The offender is a
private individual who
is not officially
entrusted with the
documents
ART. 316- OTHER FORMS OF

SWINDLING
PERSONS LIABLE:
1) Any person who, pretending to be the owner
of any real property, shall convey, sell, encumber
or mortgage the same
7. that there are no

funds or no sufficient
funds at the time of
issuance or at the time
of presentment if made
within 90 days
2) Any person who, knowing that real property

is encumbered, shall dispose of the same,
although such encumbrance be not recorded
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
61

in the Office of the Register of Deeds
4) Any person who, to the prejudice of another,
shall execute any fictitious contract
5) Any person who shall accept any

compensation given under the belief that it was
in payment of services rendered or labor
performed by him, when in fact he did not
actually perform such services or labor
Damage to the mortgagee not essential
ART. 320-326-b REPEALED BY PD 1613

PD 1613 AMENDING THE LAW
ON ARSON
ARSON when any person burns or sets fire to
the property of another; or to his own property
under circumstances which expose to danger
the life or property of another
6) Any person who, while being a surety in a

bond given in a criminal or civil action, without
express authority from the court or before the
cancellation of his bond or before being relieved
from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber
the real property or properties with which he
guaranteed the fulfillment of such obligation
DESTRUCTIVE ARSON
1) Any ammunition factory and other
establishment where explosives, inflammable or
combustible materials are stored
2) Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
3) Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property
4) Any church or place of worship or other
building where people usually assemble
5) Any building where evidence is kept for use
in any legislative, judicial, administrative or other
official proceeding
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
ART. 317-SWINDLING A MINOR

ELEMENTS:
1. That the offender takes advantage of the
inexperience or emotions or feelings of a
minor
2. That he induces such minor to assume an
obligation, or to give release, or to execute a
transfer of any property right
3. That the consideration is some loan of
money, credit, or other personal property
4. That the transaction is to the detriment of
such minor
ART. 318- OTHER DECEITS
1) By defrauding or damaging another by any
other deceit not mentioned in the preceding
articles
2) By interpreting dreams, by making forecasts,
by telling fortunes, by taking advantage of the
credulity of the public in any other similar
manner, for profit or gain
OTHER CASES OF ARSON

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, pasture land, growing
crop or 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
ART 319- REMOVAL, SALE OR

PLEDGE OF MORTGAGED PROPERTY
ELEMENTS: (par 1)
1. personal property mortgaged under Chattel
Mortgage Law
2. Offender knows such mortgage
3. He removes personal property to any
province or city other than the one in which it
was located at the time of the execution of
the mortgage
4. Removal is permanent
5. No written consent of mortgagee, executors,
administrators or assigns to such removal
SPECIAL AGGRAVATING CIRCUMSTANCES

IN ARSON
1) If committed with intent to gain
2) If committed for the benefit of another
3) If the offender be motivated by spite or
hatred towards the owner or occupant of the
property burned
4) If committed by a syndicate
ELEMENTS: (par 2)
1. Personal property pledged under CML
2. Offender, who is the mortgagor, sells or
pledges the same property or any part
thereof
3. No consent of mortgagee written at the back
of mortgage and noted on the record thereof
The offense is committed by a syndicate if it

is planned or carried out by a group of three
or more persons
If a part of the building commences to burn,
62

the crime is consummated arson, however
small is the portion burned.
When there is fire, the crime committed is

either frustrated or consummated arson,
never attempted.
Mere conspiracy to commit arson is

punishable.
1) Spouses, ascendants and descendants, or

relatives by affinity on the same line
2) The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have passed to
the possession of another
3) Brothers and sisters and brothers in law and
sisters in law, if living together
ART. 327 MALICIOUS MISCHIEF

ELEMENTS:
1. That the offender deliberately caused
damage to the property of another
2. That such act does not constitute arson or
other crimes involving destruction
3. That the act of damaging anothers property
be committed merely for the sake of
damaging it
Stepfather, adopted father, natural children,

concubine, paramour included
Also applies to common-law spouses
CRIMES AGAINST CHASTITY

(ARTS 333-343)
ART. 333 ADULTERY
ELEMENTS:
1. That the woman is married
2. That she has sexual intercourse with a man
not her husband
3. That as regards to the man with whom she
has sexual intercourse, he must know her to
be married
ART. 328 SPECIAL CASES OF

MALICIOUS MISCHIEF (QUALIFIED)
1) Causing damage to or obstructing the
performance of public functions
2) Using poisonous or corrosive substances
3) Spreading any infection or contagion among
cattle
4) Causing damage to the property of the
National Museum or National Library, or to any
archive
or
registry,
waterworks,
road,
promenade, or any other thing used in common
by the public
The acquittal of one of the defendants does

not operate as a cause for acquittal of the
other
The pardon must come before the institution

of the criminal prosecution
The offended party must pardon both the

offenders
ART. 329 OTHER MISCHIEFS
Abandonment of the wife by the husband

without justification is only a mitigating
circumstance
ART. 334 CONCUBINAGE
ELEMENTS:
1. That the man must be married
2. That he committed any of the ff. acts:
a. keeping a mistress in the conjugal
dwelling.
b. having
sexual
intercourse
under
scandalous circumstances with a
woman who is not his wife
c. cohabiting with her in any other place
3. As regards to the woman, she must know
him to be married
Mischief not included in the next

preceding article
ART. 330 DAMAGE AND
OBSTRUCTION TO MEANS OF
COMMUNICATION
PERSONS LIABLE:
Any person who shall damage any
railway, telegraph or telephone lines
The offense is qualified if the damage shall

result in the derailment of cars, collision or
other accident.
ART 331- DESTROYING OR
DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS
ART. 336- ACTS OF

LASCIVIOUSNESS
ELEMENTS:
1. That the offender commits any act of
lasciviousness or lewdness
2. That it is done under any of the ff.
circumstances
a. By using force or intimidation
b. When the offended party is deprived of
reason or otherwise unconscious
ART. 332 PERSONS EXEMPT

FROM CRIMINAL LIABILITY
CRIMES INVOLVED:
1) Theft
2) Swindling
3) Malicious mischief
PERSONS EXEMPTED:
63

ART. 337- QUALIFIED SEDUCTION
Two classes
1) Seduction of a virgin over 12 years and
under 18 years of age by persons who abuse
their authority or the confidence reposed
2) Seduction of a sister by her brother or
descendant by her ascendant, regardless of her
age and reputation
FORCIBLE
ABDUCTION
With lewd design
VIRGINITY - does not mean physical virginity.

The RPC does not exclude the idea of abduction
of a virtuous woman of good reputation.
Conviction of acts of lasciviousness, not a

bar to conviction of forcible abduction
Attempted Rape is absorbed by Forcible

Abduction as the former constitutes the
element of lewd design
ART. 343- CONSENTED

ABDUCTION
ELEMENTS:
1. That the offended party must be a virgin
2. That she must be over 12 and under 18
years of age
3. That the taking away of the offended party
must be with her consent, after solicitation or
cajolery from the offender
4. That the taking away of the offended party
must be with lewd designs
ART. 338 SIMPLE SEDUCTION

ELEMENTS:
1. That the offended party is over 12 and under
18 years of age
2. That she must be of good reputation, single
or widow
3. That the offender has sexual intercourse
with her
4. That it is committed by means of deceit
ART. 339 ACTS OF
LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY
ELEMENTS:
1. That the offender commits acts of
lasciviousness or lewdness
2. That the acts are committed upon a woman
who is a virgin or a widow of good
reputation, under 18 years of age but over
12 years, or a sister or descendant
regardless of her reputation or age
3. That the offender accomplishes the acts by
abuse of authority, confidence, relationship
or deceit
ART. 340 CORRUPTION OF
MINORS (AS AMENDED BY BP 92)
GRAVE COERCION/
KIDNAPPING
No lewd design
If 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
ART. 344 PROSECUTION OF

THE CRIMES OF ADULTERY,
CONCUBINAGE, SEDUCTION,
ABDUCTION, RAPE AND ACTS OF
LASCIVIOUSNESS
1) Adultery and concubinage must be
prosecuted upon the complaint signed by the
offended spouse
2) Seduction, abduction and acts of
lasciviousness must be prosecuted upon the
complaint signed by
a. Offended party
b. Her parents
c. Grandparents
d. Guardians
in the order named above.
To promote or facilitate the prostitution or

corruption of persons under age to satisfy
the lust of another
RA 7610 - Child Prostitution and Attempt to

Commit Child Prostitution are punished under
this Act.
ART. 341- WHITE SLAVE TRADE
PROHIBITED ACTS:
1) Engaging in the business of prostitution
2) Profiting by prostitution
3) Enlisting the services of women for the
purpose of prostitution
ART. 342- FORCIBLE ABDUCTION
ELEMENTS:
1. That the person abducted is a woman
2. That the abduction is against her will
3. That the abduction is with lewd design
Pardon to adultery and concubinage may be

express or implied; whereas express pardon
of the offender is required to bar prosecution
for seduction, abduction, abduction, or acts
of lasciviousness
64

Condonation is not
or adultery any
offender showing
repentance will not
the offense
subsequent marriage
4. That the second or subsequent marriage
has all the essential requisites for validity
pardon in concubinage
subsequent act of the
that there was no
bar the prosecution of
A person convicted of bigamy may still be

prosecuted for concubinage.
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.
Pardon by the offended party who is a minor

must have the concurrence of parents
except when the offended party has no
parents
Marriage of the offender with the offended

party benefits the co-principals, accomplices
and accessories EXCEPT in rape because it
is already a crime against person; marriage
obliterates criminal liability as to the
husband only
ART. 350 MARRIAGE

CONTRACTED AGAINST PROVISIONS
OF LAWS
ELEMENTS:
1. That the offender contracted marriage
2. That he knew at the time that --a. The requirements of the law were
not complied with; or
b. The marriage was in disregard of a
legal impediment
c. The offender must not be guilty of
bigamy
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
2) To acknowledge the offspring, unless the
law should prevent him from doing so
3) In every case to support the offspring
Qualifying Circumstance - if either of the

contracting parties obtains the consent of the
other by means of violence, intimidation or fraud
ART. 351- PREMATURE
MARRIAGES
PERSONS LIABLE:
1) A widow who married within 301 days from
the date of the death of her husband, or before
having delivered if she is pregnant at the time of
his death
2) A woman whose marriage having been
annulled or dissolved, married before delivery or
before expiration of the period of 301 days after
the date of legal separation
ART. 347 SIMULATION OF

BIRTHS, SUBSTITUTION OF ONE
CHILD FOR ANOTHER,
CONCEALMENT OR ABANDONMENT
OF A LEGITIMATE CHILD
Object of the crime under ART. 347 is
the creation of false or the causing of the loss of
civil status
ART. 348 USURPATION OF CIVIL
STATUS
Usurping the civil status of another is
committed by assuming the filiation, or the
parental or conjugal rights of another with
intent to enjoy the rights arising from the civil
status of the latter.
Period may be disregarded if the first

husband was impotent or sterile
Crime is qualified if the purpose is to defraud

offended parties and heirs
ILLEGAL MARRIAGES
(ARTS 349-351)
ART. 349 BIGAMY
ELEMENTS:
1. That the offender is legally married
2. 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
3. That he contracts a second marriage or
ART. 352- PERFORMANCE OF

ILLEGAL MARRIAGES
Priests, or ministers of any religious

denomination or sect, or civil authorities who
shall perform or authorize any legal
marriage ceremony
CRIMES AGAINST HONOR

(ARTS 355-364)
ART. 353 LIBEL
ELEMENTS:
1. That there must be an imputation of a crime,
or a vice or defect, real or imaginary, or any
act,
omission,
condition,
status
or
circumstance
2. That the imputation must be made publicly
65

3. That it must be malicious
4. That the imputation must be directed at a
natural person or a juridical person, or one
who is dead.
5. That the imputation must tend to cause the
dishonor, discredit, or contempt of the
person defamed.
4. to knowingly possess any tape/wire or disc

record or copies of any communication or
spoken word
5. to replay the same for any person or
persons
6. to communicate the contents thereof,
verbally or in writing
7. to furnish transcriptions thereof, whether
complete or partial
EXCEPTION:
When a peace officer is authorized by
written order from the court
2 TYPES OF MALICE:
1) malice in fact shown by proof of illwill, hatred, or purpose to injure; also known
as EXPRESS MALICE
2) malice in law presumed from
defamatory imputation; proof is not required
because it is presumed to exist from the
defamatory imputation;
When the communication is PRIVILEGED,
malice is not presumed from the defamatory
words.
ART. 354 REQUIREMENT FOR

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.
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. 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 10) similar means
The PRESUMPTION is rebutted if it is shown

by the accused that
a. The defamatory imputation, is true, in
case the law allows proof of the truth of
the imputation. (see Art. 361)
b. It is published with good intention.
c. There is justifiable motive for making it.
MALICE is not presumed in the following
cases:
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) Or of any statement, report, or speech
delivered in said proceedings, or of any other act
performed by public officers in the exercise of
their functions
ART. 356 THREATENING TO

PUBLISH AND OFFER TO PREVENT
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:
1) Light threats (283)
2) Threatening to publish, offering to prevent
the publication of a libel for compensation (356)
ART. 357 PROHIBITED
PUBLICATION OF ACTS REFERRED
TO IN THE COURSE OF OFFICIAL
PROCEEDINGS
ELEMENTS:
1. The offender is a reporter, editor or manager
of a newspaper, daily or magazine
2. He publishes facts connected with the
private life of another
3. Such facts are offensive to the honor, virtue
and reputation of said person
R.A. 4200-THE ANTI-WIRE

TAPPING ACT.
REPUBLIC ACT 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
3. to secretly overhear, intercept or record such
communication by using a device known as
dictaphone/
dictagraph/
detectaphone/
walkie-talkie/ tape-recorder
Prohibition applies even if the facts are

involved in official proceedings.
66

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
ELEMENTS:
1. That the offender performs an act
2. That by such act he directly incriminates or
imputes to an innocent person the
commission of a crime
3. That such act does not constitute perjury
ART. 358 SLANDER (oral

defamation)
KINDS:
1) Simple slander
2) Grave slander, when it is of a serious and
insulting nature
ART. 359 SLANDER BY DEED
ELEMENTS:
1. That the offender performs any act not
included in any other crime against honor
2. That such act is performed in the presence
of other persons
3. That such act cast dishonor, discredit, or
contempt upon the offended party
Common element of Slander by deed and
Unjust Vexation Irritation or Annoyance;
Without any other concurring factor, it is only
Unjust Vexation; If the purpose is to shame or
humiliate, Slander by deed.
ART 360 PERSONS RESPONSIBLE
FOR LIBEL
1) Any person who shall publish, exhibit or
cause the publication or exhibition of any
defamation in writing or by similar means
2) The author, editor of the book or pamphlet
3) Editor, Business manager of newspaper or
magazine, responsible to the same extent
as if he were the author
4) Owner of the printing plant which publishes
the libelous article and all other persons who
in any way participate
INCRIMINATING
INNOCENT
PERSONS
Limited to the act of
planting evidence and
the like in order to
incriminate an
innocent person
PERJURY BY
MAKING FALSE
ACCUSATIONS
Giving of false
statement under oath
or making a false
affidavit, imputing to
the person the
commission of a crime
INCRIMINATING
INNOCENT
PERSONS
Offender does not
avail himself of written
or spoken words in
besmirching the
victims reputation
DEFAMATION
Imputation is public
and malicious
calculated to cause
dishonor, discredit, or
contempt upon the
offended party
ART. 364 INTRIGUING AGAINST

HONOR
Committed by any person who shall
make any intrigue which has for its principal
purpose to blemish the honor or reputation of
another.
ART. 365 IMPRUDENCE AND
NEGLIGENCE
ELEMENTS (RECKLESS IMPRUDENCE):
1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act
is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution
on the part of the person performing or
failing to perform such act taking into
consideration - - a) Employment or occupation.
b) Degree of intelligence, physical
condition.
c) And other circumstances regarding
persons, time and place.
ART. 361 PROOF OF TRUTH

WHEN PROOF OF THE TRUTH IS
ADMISSIBLE IN A CHARGE FOR LIBEL:
1. When the act or omission imputed
constitutes a crime regardless of 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.
Defense in defamation:
1. It appears that the matters charged as
libelous is true
2. It was published with good motives
3. And for a justifiable end
ELEMENTS (SIMPLE IMPRUDENCE):

1) That there is lack of precaution on the
part of the offender.
2) That the damage impending to be
caused is not immediate nor the danger
clearly manifest.
ART. 363 INCRIMINATING

INNOCENT PERSONS
67

Art 64 relative to mitigating and aggravating

circumstances not applicable to crimes
committed through negligence
THE PENALTIES PROVIDED FOR IN ARTICLE

365 ARE NOT APPLICABLE WHEN:
a) the penalty provided for the offense is equal
to or lower than those provided in the first
two paragraphs of Art 365
b) by imprudence or negligence, and with
violation of the Automobile Law, the death of
a person shall be caused
QUALIFYING CIRCUMSTANCE:
When the offender fails to lend help to
the injured parties
- END OF BOOK TWO-
68

Crim Mem Aid

Enviado por

Dados do documento

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

Crim Mem Aid

Enviado por

Direitos autorais:

Formatos disponíveis

MEMORY AID IN CRIMINAL LAW

SAN BEDA COLLEGE OF LAW 2003 CENTRALIZED BAR OPERATIONS

MEMORY AID IN CRIMINAL LAW

ART. 1. TIME WHEN THE ACT TAKES

CRIMINAL LAW The branch or division of

TWO SCHOOLS OF THOUGHT IN

CHARACTERISTICS OF CRIMINAL LAW

NOTE: A third school of thought may be added

2. TERRITORIAL - criminal laws of the

ART. 2. APPLICATION OF ITS

3. PROSPECTIVE - penal laws cannot make

On Foreign Merchant Vessels:

NOTE: The English rule is more assertive while

If the new law totally repeals the existing law

Merchant Vessel vs. Warship(Public Vessel)

MEMORY AID IN CRIMINAL LAW

SAN BEDA COLLEGE OF LAW 2003 CENTRALIZED BAR OPERATIONS

More or less subject to

Territory of the country

There must be an act or omission i.e.,

Intentional felonies - the act is

Culpable felonies Performed without

REQUISITES OF DOLO OR MALICE:

The moral trait is

The act gives rise

TEST TO DETERMINE WHETHER OFFENSE

Mala Prohibita- the third class of crimes

MALA IN SE vs. MALA PROHIBITA

MEMORY AID IN CRIMINAL LAW

SAN BEDA COLLEGE OF LAW 2003 CENTRALIZED BAR OPERATIONS

frustrated impossible crime.

3. essential only when

ART. 4. CRIMINAL LIABILITY

REQUISITES FOR CRIMINAL LIABILITY FOR

PROXIMATE CAUSE -the cause, which, in

CAUSES WHICH MAY PRODUCE A RESULT

CONSUMMATED FELONY - A felony is

OVERT ACTS: Some physical activity or

INDETERMINATE OFFENSE: One where

TWO STAGES IN THE DEVELOPMENT OF A

There is no such thing as an attempted or

MEMORY AID IN CRIMINAL LAW

SAN BEDA COLLEGE OF LAW 2003 CENTRALIZED BAR OPERATIONS

TWO ASPECTS OF CONSPIRACY OR

FACTORS TO CONSIDER IN DETERMINING

FORMAL CRIMES - consummated in one

EXCEPTION: If any of the co-conspirators

ART. 7. LIGHT FELONIES

Only principals and accomplices are liable

Accessories are not liable, even if they are

When conspiracy is only a basis for incurring

EXCEPTION TO THE EXCEPTION: But in

ART. 9. CLASSIFICATION OF FELONIES

ART. 8. CONSPIRACY AND PROPOSAL

ART. 10. OFFENSES NOT SUBJECT TO

ART. 11. JUSTIFYING CIRCUMSTANCES

JUSTIFYING CIRCUMSTANCES - are those

MEMORY AID IN CRIMINAL LAW

SAN BEDA COLLEGE OF LAW 2003 CENTRALIZED BAR OPERATIONS

RELATIVES THAT CAN BE DEFENDED:

UNLAWFUL AGGRESSION is equivalent to

TEST OF REASONABLENESS - the means

NOT required for reasonable necessity:

4. AVOIDANCE OF GREATER EVIL OR