2016 University of the Philippines

College of Law
Bar Reviewer

Dean Overall Head

Dean Danilo L. Concepcion Carlos Hernandez

Associate Dean Faculty Adviser

Prof. Concepcion L. Jardeleza Prof. Ildefonso R. Jimenez

Academics Committee Heads

Evert Callueng
Paulo Faustino
Carlos Hernandez
Audrey Ng
Desiree Sokoken

3RD WEEK

CRIMINAL
LAW

UP Law Bar Operations Commission 2016

UP Law Bar Operations Commission 2016
 UP LAW
BAR OPS 2016

CRIMINAL LAW 1
I. FUNDAMENTAL PRINCIPLES 2
A. Definition of Criminal Law .......................... 2
B. Scope of Application and Characteristics of
Philippine Criminal Law .................................. 4
C. Constitutional Limitations on the Power of
Congress to Enact Penal Laws ..................... 10
II. FELONIES 11
A. CLASSIFICATION OF FELONIES .............. 11
B. Elements of Criminal Liability ................... 13
C. Impossible Crime ..................................... 20
D. Stages of Execution ...................................21
D. 1. Attempted Stage ............................... 24
D. 2. FrustratedStage ............................... 25
D. 3. ConsummatedStage ........................ 27
E. ConspiracyandProposal ............................28
F. Multiple Offenders (differences, rules,
effects) ........................................................... 32
F. 1. Recidivism .......................................... 33
F. 2. Habituality (Reiteracion)................... 34
F. 3. Quasi-Recidivism .............................. 34
F. 4. Habitual Delinquency ....................... 35
G. Continuing Crimes .................................... 35
H. Complex Crimes and Special Complex
Crimes ............................................................ 37
H. 1. Complex Crimes ................................ 38
H. 2. Special Complex/Composite Crimes
................................................................... 40
III. CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY 42
A. Justifying Circumstances .......................... 42
B. Exempting Circumstances ...................... 50
C. Mitigating Circumstances ........................55
D. Aggravating Circumstances.....................65
D.1. Generic ................................................66
Par. 1. That advantage be taken by the
offender of his public position .................. 67
i
Par. 2. That the crime be committed in
contempt of or with insult to the public
authorities ..................................................67
Par. 3. That the act be committed with
insult or in disregard of the respect due the
offended party on account of his rank, age,
or sex, or that it be committed in the
dwelling of the offended party, if the latter
has not given provocation. ....................... 68
Par. 4. That the act be committed with
abuse of confidence or obvious
ungratefulness .......................................... 70
Par. 5. That the crime be committed in the
palace of the chief executive or in his
presence, or where public authorities are
engaged in the discharge of their duties, or
in a place dedicated to religious worship 70
Par. 6. That the crime be committed in the
night time, or in an uninhabited place, or
by a band, whenever such circumstances
may facilitate the commission of the
offense. ........................................................71
Par. 7. That the crime be committed on the
occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or
misfortune .................................................. 72
Par. 8. That the crime be committed with
the aid of armed men, or persons who
insure or afford impunity ........................... 72
Par. 9. That the accused is a recidivist
(reincidencia) ............................................. 73
Par. 10. That the offender has been
previously punished by an offense to which
the law attaches an equal or greater
penalty or for two or more crimes to which
it attaches a lighter penalty ......................74
Par. 11. That the crime be committed in
consideration of a price, reward, or promise
.................................................................... 75
Par. 12. That the crime be committed by
means of inundation, fire, poison, explosion,
stranding of a vessel or intentional damage
thereto, derailment of a locomotive, or by
the use of any other artifice involving great
waste and ruin ........................................... 75
 Par. 13. That the act be committed with G.4. Decree Penalizing Obstruction of
evident premeditation .............................. 76 Apprehension and Prosecution of Criminal
Par. 14. That craft, fraud or disguise be Offenders [P.D. 1829] ..............................100
employed ................................................... 77
IV. PENALTIES 101
Par. 15. That advantage be taken of
superior strength, or means be employed
A. General Principles .................................... 101
to weaken the defense .............................. 77
B. Purposes .................................................. 102
Par. 16. That the act be committed with
C. Classifications .......................................... 103
treachery (alevosia) ................................... 78
D. Duration and Effect................................. 103
Par. 17. That means be employed or
E. Penalties Which May Be Imposed .......... 104
circumstances brought about which add
F. Computation of Penalties ........................ 112
ignominy to the natural effects of the act
G. Application ............................................... 113
................................................................... 80
H. Execution and Service ............................. 129
Par. 18. That the crime be committed after
an unlawful entry. ..................................... 81
Par. 19. That as a means to the commission
V. MODIFICATION AND EXTINCTION OF
of the crime, a wall, roof, floor, door or
window be broken ..................................... 81
CRIMINAL LIABILITY 138
Par. 20. That the crime be committed with
the aid of persons under fifteen years of A. Prescription of Crimes; Prescription of
age or by means of motor vehicles, Violations of Special Laws (Act No. 3326) . 139
motorized watercraft, airships, or other A.1. Prescriptive Periods of Crimes ......... 139
A.2. Prescription of penalties .................. 140
similar means ............................................ 81
Par. 21. That the wrong done in the A.3. Computation of Prescription of
commission of the crime be deliberately Penalties (Art. 93) .................................... 140
augmented by causing other wrong not B. Death ........................................................ 141
necessary for its commission ....................82 C. Pardon by Offended Party ....................... 141
D.2. Qualifying...........................................82 D. Pardon by the Chief Executive ............ 141
E. Alternative Circumstances ...................... 88 D.1. Absolute Pardon ................................ 141
E.1. Relationship ....................................... 88 D.2. Conditional Pardon .......................... 141
E.2. Intoxication ........................................ 89 D.3. Effects of Pardon of the President
E. 3. Degree of Instruction/ Education ... 89 (Article 36) ............................................... 142
F. Absolutory Cause ..................................... 90 D.4. Limitations upon the exercise of
F.1. Instigation .......................................... 90 pardoning power ......................................... 142
F.2. Pardon ................................................ 91 E. Amnesty ................................................... 143
F.3. Other Absolutory Causes .................. 91
F.4. Acts not covered by Law and in Case of
Excessive Punishment .............................. 92
G. Extenuating Circumstances ..................... 92
Persons Criminally Liable/Degree of
Participation .............................................. 93
G.1. Principal .............................................. 93
G.2. Accomplice ........................................96
G.3. Accessories ........................................ 97

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CRIMINAL LAW 2
TITLE I. CRIMES AGAINST NATIONAL
SECURITY AND THE LAW OF NATIONS
145
Article 114 - Treason ................................ 146
Article 115 - Conspiracy and Proposal to
Commit Treason ...................................... 148
Article 116 - Misprision of Treason .......... 148
Article 117 – Espionage ........................... 149
TITLE III. CRIMES AGAINST PUBLIC
Commonwealth Act No. 616 .................. 150
Article 118 - Inciting to War or Giving
ORDER
Motives for Reprisals ............................... 152
Article 119 - Violation of Neutrality ......... 152
Article 120 - Correspondence with Hostile
Country .................................................... 152
Article 121 - Flight to Enemy's Country .. 152
Article 122 - Piracy in General and Mutiny
on the High Seas or in Philippine Waters
.................................................................. 152
Article 123 - Qualified Piracy.................. 154
PD 532: Anti-Piracy and Anti-Highway
Robbery ................................................... 154
RA 6235: Anti-Hijacking Law ................. 155
RA 9372: Human Security Act of 2007 .. 155
TITLE II. CRIMES AGAINST
FUNDAMENTAL LAWS OF THE STATE
157
Article 124 - Arbitrary Detention .............157
Article 125 - Delay in the Delivery of
Detained Persons to the Proper Judicial
Authorities ............................................... 159
Article 126 - Delaying Release ............... 159
Article 127 – Expulsion ............................ 159
Article 128 - Violation of Domicile .......... 160
Article 129 - Search Warrants Maliciously
Obtained, and Abuse in the Service of
Those Legally Obtained .......................... 160
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Article 130 - Searching Domicile without
Witnesses .................................................. 161
Article 131 - Prohibition, Interruption and
Dissolution of Peaceful Meetings ............ 161
Article 132 - Interruption of Religious
Worship .................................................... 162
Article 133 - Offending the Religious
Feelings .................................................... 162
RA 9372: Human Security Act ................ 162
RA 9745: Anti-Torture Act ...................... 163
166
Chapter I. Rebellion, Coup d’etat, Sedition
and Disloyalty .............................................. 166
Article 134 - Rebellion /Insurrection ...... 166
Article 134-A - Coup d’État ..................... 167
Article 135 - Penalty for Rebellion,
Insurrection or Coup d’État ..................... 167
Article 136 - Conspiracy and Proposal to
Commit Coup d’ État, Rebellion or
Insurrection .............................................. 168
Article 137 - Disloyalty of Public Officers or
Employees................................................ 168
Article 138 - Inciting to Rebellion or
Insurrection .............................................. 168
Article 139 - Sedition ............................... 169
Article 140 - Persons Liable for Sedition 170
Article 141 - Conspiracy to Commit Sedition
.................................................................. 170
Article 142 – Inciting to Sedition ............. 170
Chapter II - Crimes against Popular
Representation ............................................. 171
Article 143 - Acts Tending to Prevent the
Meeting of the Congress of the Philippines
and Similar Bodies ................................... 171
Article 144 - Disturbance of Proceedings 171
Article 145 - Violation of Parliamentary
Immunity ................................................... 171
Chapter III – Illegal Assemblies and
Associations ................................................. 172
Article 146 - Illegal Assemblies .............. 172
Article 147 - Illegal Associations ............. 172
Chapter IV - Assault upon and Resistance
TITLE IV. CRIMES AGAINST PUBLIC
and Disobedience to, Persons in Authority
and Their Agents ..........................................174
INTEREST 188
Article 148 - Direct Assault ......................174
Article 161 - Counterfeiting the Great Seal
Article 152 - Persons in Authority and
of the Government of the Philippine Islands,
Agents of Persons in Authority ................175
Forging the Signature or Stamp of the
Article 149 - Indirect Assault ...................176
Chief Executive ........................................ 188
Article 150 - Disobedience to Summons
Article 164 – Mutilation of Coins ............ 189
Issued by Congress, Its Committees or
PD 247...................................................... 190
Subcommittees, by the Constitutional
Article 165 – Selling of False or Mutilated
Commissions, Its Committees,
Coin, without Connivance ....................... 190
Subcommittees or Divisions ....................176
Article 166 – Forging Treasury or Bank
Article 151 - Resistance and Disobedience
Notes or Other Documents Payable to
to a Person in Authority or the Agents of
Bearer; Importing and Uttering Such False
Such Persons ............................................176
or Forged Notes and Documents ........... 190
Chapter V - Public Disorders ....................... 177
Article 167 – Counterfeiting, Importing, and
Article 153 - Tumults and Other
Uttering Instruments Not Payable to
Disturbances of Public Order .................. 177
Bearer ....................................................... 190
Article 154 - Unlawful Use of Means of
Article 168 - Illegal Possession and Use of
Publication and Unlawful Utterances..... 177
False Treasury or Bank Notes and Other
Article 155 - Alarms and Scandals ..........178
Instruments of Credit ............................... 191
Article 156 - Delivering Prisoners from Jail
Article 169 - How Forgery is Committed . 191
...................................................................178
Article 170 - Falsification of Legislative
Chapter VI - Evasion of Service of Sentence
Documents................................................ 191
.......................................................................179
Article 171 – Falsification by Public Officer,
Article 157 - Evasion of Service of Sentence
Employee or Notary or Ecclesiastical
...................................................................179
Minister .................................................... 192
Article 158 - Evasion of Service of Sentence
Article 172 – Falsification by Private
on the Occasion of Disorders,
Individual and Use of Falsified Documents
Conflagrations, Earthquakes, or Other
.................................................................. 195
Calamities .................................................179
Article 173 – Falsification of Wireless, Cable,
Article 159 - Other Cases of Evasion of
Telegraph and Telephone Messages, and
Service of Sentence ................................. 180
Use of Said Falsified Messages .............. 196
Chapter VII - Commission of Another Crime
Article 174 – False Medical Certificates,
during Service of Penalty Imposed for
False Certifcates of Merits of Service, Etc.
Another Previous Offense ........................... 180
.................................................................. 196
Article 160 - Quasi Recidivism ................ 180
Article 175 – Using False Certificates ..... 197
PD 1866 as amended by RA 8294: Illegal
Article 176 – Manufacturing and
Possession of Firearms ............................ 181
Possession of Instruments or Implements
Comprehensive Firearms and Ammunition
for Falsification ........................................ 197
Regulation Act ........................................ 184
Article 177 - Usurpation of Authority or
RA 9372: Human Security Act .....................187
Official Functions..................................... 197
Article 178 - Using Fictitious and
Concealing True Name ........................... 197

iv
 Article 179 - Illegal Use of Uniforms and
Insignia .................................................... 198
Article 180 - False Testimony Against a
Defendant ................................................ 198
Article 181 - False Testimony Favorable to
the Defendant ......................................... 198
Article 182 - False Testimony in Civil Cases
.................................................................. 199
Article 183 - False Testimony in Other
Cases and Perjury in Solemn Affirmation
.................................................................. 199
Article 184 - Offering False Testimony in
Evidence.................................................. 200
Article 185 - Machinations in Public
Auctions .................................................. 200
Article 186 – Monopolies and
Combinations in Restraint of Trade ...... 200
Article 187 – Importation and Disposition of
Falsely Marked Articles or Merchandise
Made of Gold, Silver, or other Precious
Metals or their Alloys .............................. 201
RA 9194: Anti-Money Laundering Act ... 201
TITLE V. CRIMES RELATIVE TO OPIUM
AND OTHER PROHIBITED DRUGS 204
TITLE VI. CRIMES AGAINST PUBLIC
MORALS 210
Chapter I: Gambling and Betting .............. 210
PD 1602: AntI-Gambling Act .................. 210
RA 9287: Increasing the Penalty for Illegal
Numbers Games ...................................... 211
LOI No. 816 ............................................... 211
Cockfighting Law of 1974 [PD 449] ........ 212
Chapter II: Offenses against Decency and
Good Customs ............................................. 213
Article 200 - Grave Scandal ................... 213
Article 201 - Immoral Doctrines, Obscene
Publications and Exhibitions and Indecent
Shows....................................................... 214
Article 202 - Prostitution (Amended by RA
10158) ....................................................... 215
v
RA 9208: Anti-Trafficking in Persons Act
.................................................................. 216
RA 10364 The Expanded Anti-Trafficking in
Persons Act of 2012 ................................. 216
TITLE VII. CRIMES COMMITTED BY
PUBLIC OFFICERS 221
Chapter I: Preliminary Provisions............... 222
Art. 203 - Who Are Public Officers ........ 222
Chapter II: Malfeasance and Misfeasance in
Office ........................................................... 222
Article 204 - Knowingly Rendering Unjust
Judgment ................................................ 222
Article 205 - Judgment Rendered Through
Negligence .............................................. 223
Article 206 - Unjust Interlocutory Order 223
Article 207 - Malicious Delay in the
Administration of Justice ....................... 223
Article 208 - Prosecution of Offenses;
Negligence and Tolerance ..................... 223
Article 209 – Betrayal of Trust by an
Attorney or a Solicitor – Revelation of
Secrets..................................................... 224
Article 210 - Direct Bribery ..................... 224
Article 211 - Indirect Bribery ................... 225
Article 211-A - Qualified Bribery ............. 226
Article 212 - Corruption of Public Officials
................................................................. 226
RA 3019: Anti-Graft and Corrupt Practices
................................................................. 227
RA 7080: Anti-Plunder Act.................... 229
PD 46 ...................................................... 230
RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and
Employees) .............................................. 231
Chapter III: Frauds and Illegal Exactions and
Transactions................................................ 232
Article 213 - Fraud against the Public
Treasury and Similar Offenses............... 232
Article 214 - Other Frauds ...................... 233
Art. 215: Prohibited Transactions .......... 233
Article 216 - Possession of Prohibited
Interest by a Public Officer ..................... 233
Chapter IV: Malversation of Public Funds or
Property ....................................................... 233
Article 217 - Malversation of Public Funds
or Property - Presumption of Malversation
.................................................................. 233
Article 218 - Failure of Accountable Officer
to Render Accounts ................................235
Article 219 - Failure of a Responsible Public
Officer to Render Accounts Before Leaving
the Country ..............................................235
Article 220 - Illegal Use of Public Funds or
Property ...................................................236
Article 221 - Failure to Make Delivery of
Public Funds or Property ........................236
Article 222 - Officers Included in the
Preceding Provisions ...............................236
Chapter V: Infidelity of Public Officers .......236
Section One - Infidelity in the Custody of
Prisoners ..................................................236
Article 223 - Conniving With or Consenting
to Evasion ................................................236
Article 224 - Evasion through Negligence
.................................................................. 237
Article 225 - Escape of Prisoner under the
Custody of a Person Not a Public Officer
.................................................................. 237
Section Two - Infidelity in the Custody of
Documents .............................................. 237
Article 226 - Removal, Concealment, or
Destruction of Documents...................... 237
Article 227 - Officer Breaking Seal .........238
Article 228 - Opening of Closed
Documents ..............................................238
Article 229 - Revelation of Secrets by an
Officer ......................................................238
Article 230 - Public Officers Revealing
Secrets of Private Individuals .................239
Chapter VI: Other Offenses or Irregularities by
Public Officers .............................................239
Section One - Disobedience, ..................239
Refusal of Assistance, and Maltreatment of
Prisoners ..................................................239
Article 231 - Open Disobedience ............239
vi
Article 232 - Disobedience to the Order of
Superior Officer When Said Order Was
Suspended by Inferior Officer ................ 239
Article 233 - Refusal of Assistance ........ 240
Article 234 - Refusal to Discharge Elective
Office ....................................................... 240
Article 235 - Maltreatment of Prisoners 240
RA 9372: Human Security Act ............... 240
Section Two - Anticipation, Prolongation,
and Abandonment of the Duties and
Powers of Public Office ........................... 241
Article 236 - Anticipation of Duties of a
Public Officer ........................................... 241
Article 237 - Prolonging Performance of
Duties and Powers.................................. 242
Article 238 - Abandonment of Office or
Position ................................................... 242
Section Three - Usurpation of Powers and
Unlawful Appointments ......................... 242
Article 239 - Usurpation of Legislative
Powers ..................................................... 242
Article 240 - Usurpation of Executive
Functions ................................................ 242
Article 241 - Usurpation of Judicial
Functions ................................................ 242
Article 242 - Disobeying Request for
Disqualification ....................................... 243
Article 243 - Orders or Request by
Executive Officer to Any Judicial Authority
................................................................. 243
Article 244 - Unlawful Appointments ... 243
Article 245 - Abuses against Chastity ... 243
TITLE VIII. CRIMES AGAINST PERSONS
244
Chapter I Destruction of Life ...................... 244
Article 246 - Parricide ............................ 244
Article 247 - Death or Physical Injuries
Under Exceptional Circumstances ........ 244
Article 248 - Murder ............................... 245
Article 249 - Homicide ........................... 247
Article 250 - Penalty for Frustrated
Parricide, Murder or Homicide ............... 247
 Article 251 - Death Caused in Tumultuous
TITLE IX. CRIMES AGAINST PERSONAL
Affray....................................................... 248
Article 252 - Physical Injuries Caused in
LIBERTY AND SECURITY 266
Tumultuous Affray ................................. 248
Chapter I Crimes against Liberty ............... 267
Article 253 - Giving Assistance to Suicide
Article 267 - Kidnapping and Serious
................................................................. 249
Illegal Detention ..................................... 267
Article 254 - Discharge of Firearms ...... 249
Article 268 - Slight Illegal Detention .... 269
Article 255 – Infanticide ........................ 249
Article 269 - Unlawful Arrest................. 269
Article 256 - Intentional Abortion ......... 250
Article 270 - Kidnapping and Failure to
Article 257 - Unintentional Abortion .... 250
Return a Minor ........................................ 270
Article 258 - Abortion Practiced by the
Article 271 - Inducing a Minor to Abandon
Woman Herself or by Parents ................ 251
His Home.................................................. 271
Article 259 - Abortion by a Physician or
Article 272 - Slavery ................................ 271
Midwife and Dispensing of Abortives .... 251
Article 273 - Exploitation of Child Labor 271
Article 260 - Responsibility of Participants
Article 274 - Services Rendered Under
in a Duel ................................................... 251
Compulsion in Payment of Debt ............ 271
Article 261 - Challenging to a Duel ....... 252
Chapter II: Crimes against Security ........... 272
Chapter II Physical Injuries......................... 252
Article 275 - Abandonment of Persons in
Article 262 – Mutilation ......................... 252
Danger and Abandonment of Own Victim
Article 263 - Serious Physical Injuries ... 252
................................................................. 272
Article 264 - Administering Injurious
Article 276 - Abandoning a Minor ......... 272
Substances or Beverages ...................... 254
Article 277 - Abandonment of Minor by
Article 266 - Slight Physical Injuries and
Person Entrusted With Custody;
Maltreatment ......................................... 255
Indifference of Parents ........................... 272
Article 266-A - Rape .............................. 255
Article 278 - Exploitation of Minors........273
(AS amended by RA 8353) .................... 255
Article 280 - Qualified Trespass to
RA 9262: Anti-Violence against Women
Dwelling .................................................. 274
and their Children Act of 2004 ............. 258
Article 281 - Other Forms of Trespass ... 275
RA 9775: Anti-Child Pornography Act of
Article 282 - Grave Threats .................... 275
2009 ....................................................... 259
Article 283 - Light Threats ..................... 276
RA 8049: Anti-Hazing Law .................... 261
Article 284 - Bond for Good Behavior ... 276
RA 7610: Special Protection of Children
Article 285 – Other Light Threats .......... 277
Against Child Abuse, Exploitation and
Article 286 - Grave Coercions ................. 277
Discrimination Act ...................................263
Article 287 - Light Coercions ................. 278
RA 9344: Juvenile Justice and Welfare Act
Article 288 - Other Similar Coercions ... 279
(as further amended by the RA 10630 /
Article 289 - Formation, Maintenance, and
The Act Strengthening the Juvenile Justice
Prohibition of Combination of Capital or
System in the Philippines) ..................... 264
Labor through Violence or Threats........ 279
PD 603: Child and Youth Welfare Code 265
Chapter III: Discovery and Revelation of
RA 9372: Human Security Act of 2007 . 265
Secrets ......................................................... 279
Article 290 - Discovering Secrets through
Seizure of Correspondence .................... 279
Article 291 - Revealing Secrets with Abuse
of Office ................................................... 280

vii
 Article 292 - Revelation of Industrial
Secrets .................................................... 280
RA 4200 (Anti Wire Tapping Act) ......... 280
RA 9327 (Human Security Act) .............. 281
RA 9208: Anti-Trafficking in Persons Act of
2003 ....................................................... 288
TITLE X. CRIMES AGAINST PROPERTY
290
Chapter I: Robbery in General ................... 290
Article 293 - Who Are Guilty of Robbery
................................................................. 290
Article 294 – Robbery with Violence
Against or Intimidation of Persons ........ 291
Article 295 - Robbery with Physical Injuries,
in an Uninhabited Place and by a Band 293
Article 296 – Robbery by a Band ...........293
Article 297 - Attempted and Frustrated
Robbery with Homicide ......................... 294
Article 298 - Execution of Deeds through
Violence or Intimidation ......................... 294
Article 299 - Robbery in an Inhabited
House or Public Building or Edifice
Devoted to Worship ............................... 295
Article 301 - What is an inhabited House,
Public Building Dedicated to Religious
Worship and Their Dependencies: ........ 296
Article 300 – Robbery in an Uninhabited
Place and by a Band .............................. 296
Article 302 – Robbery In an Uninhabited
Place or Private Building ....................... 296
Article 303 - Robbery of Cereals, Fruits or
Firewood in an Uninhabited Place or
Private Building ....................................... 297
Article 304 - Possession of Picklock or
Similar Tools ............................................ 297
Article 305 - False Keys .......................... 297
Chapter 2: Brigandage................................ 297
Article 307 - Aiding and Abetting a Band of
Brigands.................................................. 298
Chapter 3 Theft .......................................... 298
Article 308 - Who Are Liable for Theft .. 298
Article 309 – PenaltieS .......................... 299
viii
Article 310 - Qualified Theft ................... 299
PD 1612: Anti-Fencing Law .................... 300
RA 6539: Anti-Carnapping Act .............. 301
Article 311 - Theft of the Property of the
National Library and National Museum 303
Chapter 4: Usurpation ................................ 303
Article 312 - Occupation of Real Property or
Usurpation of Real Rights in Property .. 303
Article 313 - Altering Boundaries or
Landmarks .............................................. 303
Chapter 5: Culpable Insolvency ................. 304
Art. 314 - Fraudulent Insolvency ............ 304
Chapter 6: Swindling and Other Deceits .. 304
Article 315 - Estafa ................................. 304
BP 22 (Anti-Bouncing Checks Law) ...... 309
Estafa Through Other Fraudulent Means
(315 Par 3 (a) (b) (c)) ................................ 310
Article 316 - Other Forms of Swindling and
Deceits....................................................... 311
Article 317 - Swindling of a Minor ........... 312
Article 318 - Other Deceits ...................... 313
Chapter 7: Chattel Mortgage ...................... 313
Article 319 - Removal, Sale, or Pledge of
Mortgaged Property ................................ 313
Chapter 8: Arson and Other Crimes Involving
Destruction .................................................. 314
Kinds of Arson: ......................................... 314
PD 1613, §1. ARSON ................................. 314
PD 1613, §2. DESTRUCTIVE ARSON ...... 315
Chapter 9 Malicious Mischief ...................... 315
Article 327 - Who Are Responsible......... 316
Article 328 - Special Cases of Malicious
Mischief .................................................... 316
Article 329 - Other Mischiefs .................. 316
Article 330 - Damage and Obstruction to
Means of Communication ....................... 316
Article 331 – Destroying or Damaging
Statues, Public Monuments or Paintings
.................................................................. 316
Chapter 10: Exemption from Criminal Liability
...................................................................... 316
Article 332 - Exemption from Criminal
Liability in Crimes Against Property ....... 316
Article 333 - Adultery .............................. 317
Article 334 - Concubinage ...................... 318
 Article 336 - Acts of Lasciviousness ....... 319
Two kinds of seduction:.............................. 320
Article 337 - Qualified Seduction ........... 321
Article 338 - Simple Seduction .............. 322
Article 339 - Acts of Lasciviousness with
the Consent of the Offended Party ........ 323
Article 340 - Corruption of Minors ......... 323
Article 341 - White Slave Trade .............. 323
Two kinds of abduction: ..............................324
Article 342 - Forcible Abduction ............324
Article 343 - Consented Abduction........325
Article 344 - Prosecution of Private
Offenses ...................................................326
Article 345: Civil Liability of Persons Guilty
of Crimes Against Chastity ..................... 327
Article 346 – Liability of ascendants,
guardians, teachers and other persons
entrusted with the custody of the offended
party ......................................................... 327
RA 9995: Anti-Photo and Video Voyeurism
Act of 2009.............................................. 327
TITLE XII. CRIMES AGAINST THE CIVIL
STATUS OF PERSONS 328
Chapter I: Simulation of Births and
Usurpation of Civil Status ...........................328
Article 348 - Usurpation of Civil Status .329
Chapter II: Illegal Marriages .......................329
Article 349 – Bigamy ..............................329
Article 350 - Marriage Contracted against
Provisions of Laws ....................................331
Article 351 - Premature Marriage ............331
ix
Article 352 - Performance of Illegal
Marriage Ceremony ................................. 331
TITLE XIII. CRIMES AGAINST HONOR
332
Chapter I Libel ............................................ 332
Article 353 - Definition of Libel .............. 332
Article 354 - Requirement for Publicity .333
Article 355 - Libel by Writing or Similar
Means ...................................................... 335
Article 356 - Threatening to Publish and
Offer to Prevent Such Publication for a
Compensation ........................................ 335
Article 357 - Prohibited Publication of Acts
Referred to in the Course of Official
Proceedings (Gag Law) .......................... 335
Article 358 - Slander .............................. 336
Article 359 - Slander by Deed ............... 336
Article 360 - Persons Responsible for Libel
.................................................................. 337
Article 361 - Proof of Truth ...................... 337
Article 362 - Libelous Remarks ............. 339
Chapter II: Incriminatory Machinations ..... 339
Article 363 - Incriminating innocent person
................................................................. 339
Article 364 - Intriguing against Honor .. 339
Title XIV. Quasi-Offenses 340
Article 365 - Imprudence and Negligence
................................................................. 340
 CRIMINAL LAW
CRIMINAL LAW 1

1
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I. Fundamental
A.1. MALA IN SE AND MALA PROHIBITA
Principles Mala in se (“evil in itself”) – A crime or an
act that is inherently immoral, such as
murder, arson or rape. [Black’s Law Dictionary,
A. DEFINITION OF CRIMINAL LAW 9th Ed.]
Mala prohibita (“prohibited evil”) – An act
that is a crime merely because it is prohibited
That branch of public substantive law which
by statute, although the act itself is not
defines crimes, treats of their nature and
necessarily immoral. [Black’s Law Dictionary,
provides for their punishment. [Reyes, citing
9th Ed.]
12 cyc. 129]

Mala in Se Mala Prohibita

As to nature
As to use of good faith as defense
As to WON criminal intent is an
element
As to degree of accomplishment
of crime
As to mitigating and aggravating
circumstances
As to degree of participation
As to stages of execution
As to persons criminally liable
As to what laws are violated
Wrong from its very nature; So
serious in their effects on
society as to call for
condemnation of members.
GF a valid defense, unless the
crime is the result of culpa
Criminal intent is an element.
Degree of accomplishment is
taken into account for the
punishment.
They are taken into account in
imposing penalty
When there is more than one
offender, the degree of
participation of each in the
commission is taken into
account.
There are three stages:
attempted, frustrated &
consummated
The principal, accomplice &
accessory.
Penalty is computed on the
basis of whether he is a
principal offender or merely an
accomplice or accessory
Generally, the RPC.
Wrong because it is prohibited
by law;
GF is not a defense.
Criminal intent is immaterial,
BUT still requires intelligence
& voluntariness
The act gives rise to a crime
only when consummated.
They are not taken into
account.
Degree of participation is
generally not taken into
account. All who participated
in the act are punished to the
same extent.
No such stages of execution
Generally, only the principal is
liable.
Penalty of offenders is same
whether they acted as mere
accomplices or accessories
Generally, special laws.

As to division of penalties Penalties may be divided into There is no such division of

degrees and periods. penalties.
Dolo is not required in crimes mala prohibita.
UP LAW BOC
In those crimes which are mala prohibita,
the act alone irrespective of its motives,
constitutes the offense.
Good faith and absence of criminal intent
are not valid defences in crimes mala
prohibita.
When the acts are inherently immoral, they
are mala in se, even if punished under
special law, like plunder which requires
proof of criminal intent. [Estrada v.
Sandiganbayan (2001)]
Where malice is a factor, good faith is a
defense.
I. CRIMINAL LAW V. CRIMINAL PROCEDURE
Criminal Law
It is substantive.
Prospective in application.
Exception: If it is favourable to the accused.
Exception To The Exception:
When the accused is a habitual delinquent. (Art.
22)
Where the new law expressly made inapplicable
to pending actions or existing causes of actions.
[Taverav. Valdez]
Statutory; it is passed by the Legislature.
State authority to punish crim e
Art. II, Sec. 5 (1987 Constitution).
Declaration of Principles and State
Policies. The maintenance of peace and
order, the protection of life, liberty and
property, and promotion of the general
welfare are essential for the enjoyment by
all the people of the blessings of
democracy.
CRIMINAL LAW 1 CRIMINAL LAW
A crime in the RPC can absorb a crime
punishable by a special law if it is a
necessary ingredient of the felony defined in
the Code but a special law can never absorb
a crime punishable under the RPC, because
violations of the Revised Penal Code are
more serious than a violation of a special
law. [People v. Rodriguez (1960)]
The crime of cattle-rustling is not malum
prohibitum but a modification of the crime
of theft of large cattle under the RPC (i.e.
there are special laws which only modify
crimes under the RPC therefore still mala in
se). [Peoplev. Martinada]
Criminal Procedure
It is remedial.
Retroactive in application.
May be promulgated by the Legislature (e.g.
jurisdiction of courts) or the Judiciary (e.g. Rules of
Court)
SOURCES OF CRIMINAL LAW
1. The Revised Penal Code (Act No. 3815)
– enacted January 1, 1932; based on the
Spanish Penal Code, US Penal Code,
and Philippine Supreme Court decisions.
2. Special penal laws
3. Penal Presidential Decrees issued
during Martial Law.
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RELATION OF RPC TO SPECIAL Equipoise Rule – When the evidence of

LAW S: SUPPLETORY APPLICATION the prosecution and the defense are equally
OF RPC balanced, the scale should be tilted in
favour of the accused in obedience to the
General rule: RPC provisions supplement
constitutional presumption of innocence.
the provisions of special laws. [Art. 10, RPC]
[Ursua v. CA (1996); Corpuz v. People (1991)]
Exceptions:
Where the special law provides otherwise.
Spanish text of the RPC prevails over
[Art.10, RPC]
its English translation
When the provisions of the Code are
In the construction or interpretation of the
impossible of application, either by express
provision of the RPC, the Spanish text is
provision or by necessary implication, as in
controlling, because it was approved by the
those instances where the provisions in
Philippine Legislature in its Spanish text.
question are peculiar to the Code.
[People v. Manaba (58 Phil 665. 668)]
[Regalado, Criminal Law Prospectus]
In the absence of contrary provision in B.P.
Blg. 22, the general provisions of the RPC Retroactive application if favorable
which, by their nature, are necessarily to the accused
applicable, may be applied suppletorily.
See Characteristics of Criminal Law,
[Ladonga v. People (2005)]
Prospectivity and Art. 22, RPC.

CONSTRUCTION OF PENALLAW S
B. SCOPE OF APPLICATION AND
Strict construction against the State and
liberally in favour of the accused CHARACTERISTICS OF PHILIPPINE
CRIMINAL LAW
Pro Reo Doctrine – Whenever a penal
law is to be construed or applied and the
law admits of two interpretations – one B.1. THREE CHARACTERISTICS OF
lenient to the offender and one strict to the CRIMINAL LAW
offender, that interpretation which is lenient
or favourable to the offender will be 1. General
adopted. 2. Territorial
Basis: The fundamental rule that all 3. Prospective
doubts shall be construed in favour of the
accused and presumption of innocence of
the accused. 1. GENERALITY
The rule that penal statutes should be General rule: The penal law of the
strictly construed against the State may be country is binding on all persons who live or
invoked only where the law is ambiguous sojourn in Philippine territory, subject to the
and there is doubt as to its interpretation. principles of public international law and to
Where the law is clear and unambiguous, treaty stipulations. [Art. 14, NCC]
there is no room for the application of the
rule. [People v. Gatchalian] Exception:

Art. III, Sec. 14 (2), 1987 Const. In all Art. 2, RPC. “Except as provided in the
criminal prosecutions, the accused shall be treaties or laws of preferential application
presumed innocent until the contrary is xxx”
proved…

PAGE 4 OF 342
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Art. 14, NCC. “xxx subject to the principles
of public international law and to treaty
stipulations.”
TREATY STIPULATIONS
Examples:
Bases Agreement entered into by the
Philippines and the US on Mar. 14, 1947 and
expired on Sept. 16, 1991.
Visiting Forces Agreement (VFA) is an
agreement between the Philippine and US
Government regarding the treatment of US
Armed Forces visiting the Philippines. It was
signed on Feb. 10, 1998.
Art. V, VFA, which defines criminal
jurisdiction over United States military and
civilian personnel temporarily in the
Philippines in connection with activities
approved by the Philippine Government.
The US and Philippines agreed that:
1. US shall have the right to exercise
within the Philippines all criminal and
disciplinary jurisdiction conferred on
them by the military law of the US over
US personnel in RP;
2. US authorities exercise exclusive
jurisdiction over US personnel with
respect to offenses, including offenses
relating to the security of the US
punishable under the law of the US, but
not under the laws of RP;
3. US military authorities shall have the
primary right to exercise jurisdiction
over US personnel subject to the
military law of the US in relation to:
4. Offenses solely against the property or
security of the US or offenses solely
against the property or person of US
personnel; and
5. Offenses arising out of any act or
omission done in performance of official
duty. [Reyes, The RPC]
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CRIMINAL LAW
RULE ON JURISDICTION UNDER THE
VFA
• If the crime is punishable under
Philippine laws but not under US laws
then Philippines has exclusive
jurisdiction.
• If the crime is punishable under US laws
but not under Philippine laws then US
has exclusive jurisdiction.
• If the crime is punishable under the US
and Philippine laws then there is
concurrent jurisdiction but the
Philippines has the right to primary
jurisdiction.
• If the crime is committed by a US
personnel against the security and
property of the US alone then US has
exclusive jurisdiction.
Generally, the Philippines cannot refuse the
request of the US for waiver of jurisdiction
and has to approve the request for waiver
except if the crime is of national
importance:
• Those crimes defined under RA 7659
(Heinous crimes)
• Those crimes defined under RA 7610
(Child Abuse cases)
• Those crimes defined under RA 9165
(Dangerous Drugs cases)
LAW S OF PREFERENTIAL
APPLICATION
Examples:
Members of Congress are not liable for libel
or slander for any speech in Congress or in
any committee thereof. (Sec. 11, Art. VI, 1987
Constitution)
Any ambassador or public minister of any
foreign State, authorized and received as
such by the President, or any domestic or
domestic servant of any such ambassador or
minister are exempt from arrest and
imprisonment and whose properties are
exempt from distraint, seizure and
attachment. (R.A. No. 75)
UP LAW BOC CRIMINAL LAW 1
R.A. No. 75 penalizes acts which would
impair the proper observance by the
Republic and inhabitants of the Philippines
of the immunities, rights, and privileges of
duly accredited foreign diplomatic
representatives in the Philippines.
Exceptions:
• The person is a citizen or inhabitant of
the Philippines
• The writ or process issued against him is
founded upon a debt contracted before
he entered upon such service or the
domestic servant is not registered with
the Department of Foreign Affairs.
Note: RA 75 is not applicable when the
foreign country adversely affected does not
provide similar protection to our diplomatic
representatives.
W arship Rule – A warship of another
country, even though docked in the
Philippines, is considered an extension of
the territory of its respective country. This
also applies to embassies.
Principles of Public International
Law
The following persons are exempt from the
provisions of the RPC:
• Sovereigns and other heads of state
• Ambassadors, ministers,
plenipotentiary, minister resident and
charges d’ affaires. (Article 31, Vienna
Convention on Diplomatic Relations)
Note: Consuls and consular officers are NOT
exempt from local prosecution. [See Article
41, Vienna Convention on Consular Relations]
Consuls, vice-consuls, and other
commercial representatives of foreign
nations do not possess the status of, and
cannot claim the privileges and immunities
accorded to ambassadors and ministers.
[Wheaton, InternationalLaw, Sec. 249]
PAGE 6 OF 342
CRIMINAL LAW
2. TERRITORIALITY
General rule: Penal laws of the country
have force and effect only within its territory.
It cannot penalize crimes committed
outside its territory.
The national territory comprises the
Philippine Archipelago… [Art. I, 1987
Constitution].
The territory of the country is not limited to
the land where its sovereignty resides but
includes also its maritime and interior waters
as well as its atmosphere.[Art. 2, RPC]
Exceptions:
Extraterritorial crim es, which are
punishable even if committed outside the
Philippine territory.[Art. 2, RPC]
Par. 1: Crimes com m itted aboard
Philippine ship or airship:
The RPC is applied to Philippine vessels if
the crime is committed while the ship is
treading:
• Philippine waters (intraterritorial), or
• The high seas i.e. waters NOT under the
jurisdiction of any State (extraterritorial)
Requisites
1. The ship or airship must not be within
the territorial jurisdiction of another
country
2. The ship or airship must be registered in
the Philippines under Philippine laws
Two rules as to jurisdiction over crimes
committed aboard merchant vessels while in
the territorial waters of another country (i.e. a
foreign vessel treading Philippine waters
OR Philippine vessels treading foreign
waters):
FRENCH RULE: It is the flag or nationality
of the vessel which determines jurisdiction
UNLESS the crime violates the peace and
order of the host country.
ENGLISH RULE: the location or situs of
the crime determines jurisdiction UNLESS
UP LAW BOC CRIMINAL LAW 1
the crime merely relates to internal
management of the vessel.
The Philippines adheres to the ENGLISH
RULE.
The significance of the difference in the
rules is in identifying upon whom the
burden of proving jurisdiction belongs. Note
that the presumption of jurisdiction of one
rule is the exception of the other rule. Thus,
when a felony is committed on a merchant
ship within Philippine territory, Philippine
jurisdiction is presumed, and the accused
must prove lack of jurisdiction because the
felony relates to the internal management
of the ship. If we followed the French Rule,
it is the prosecution who must prove that
the felony violates the peace and order of
the country before Philippine courts can
acquire jurisdiction and the accused must
prove lack of jurisdiction because the felony
relates to the internal management of the
ship.
When the crime is committed in a war vessel
of a foreign country, the nationality of the
vessel will always determine jurisdiction
because war vessels are part of the
sovereignty of the country to whose naval
force they belong.
Note: The country of registry determines
the nationality of the vessel, not its
ownership. Thus, Filipino-owned vessel
registered in China must fly the Chinese flag.
International Theories on Aerial
Jurisdiction
Free Zone Theory
The atmosphere over the country is free and
not subject to the jurisdiction of the
subjacent state, except for the protection of
its national security and public order.
RelativeTheory
The subjacent state exercises jurisdiction
over the atmosphere only to the extent that
it can effectively exercise control thereof.
Absolute Theory
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CRIMINAL LAW
The subjacent state has complete
jurisdiction over the atmosphere above it
subject only to the innocent passage by air
craft of a foreign country.
Under this theory, if the crime is committed
in an aircraft, no matter how high, as long as
it can be established that it is within the
Philippine atmosphere, Philippine criminal
law (See Anti-Hijacking Law) will govern.
Note: The Philippines adopts the Absolute
Theory.
Par. 2: Forging/Counterfeiting of
Coins or Currency Notes in the
Philippines
Forgery is committed by giving to a treasury
or bank note or any instrument payable to
bearer or to order the appearance of a true
genuine document or by erasing,
substituting, counterfeiting or altering, by
any means, the figures, letters, words, or
signs contained therein.
Forgery is committed abroad, and it refers
only to Philippine coin, currency note,
obligations and securities.
Par. 3: Should introduce into the
country the above-mentioned
obligations and securities.
The reason for this provision is that the
introduction of forged or counterfeited
obligations and securities into the
Philippines is as dangerous as the forging
or counterfeiting of the same, to the
economic interest of the country.
Those who introduced the counterfeit items
are criminally liable even if they were not
the ones who counterfeited the obligations
and securities. On the other hand, those
who counterfeited the items are criminally
liable even if they did not introduce the
counterfeit items.
UP LAW BOC
Par. 4: W hen public officers or
employees com m it an offense in the
exercise of their functions.
Crime committed pertains to the exercise of
the public official’s functions.
The crimes which may be committed are:
1. Direct bribery (A.210)
2. Qualified Bribery (A. 211-A)
3. Indirect bribery (A.211)
4. Corruption (A.212)
5. Frauds against the public treasury
(A.213)
6. Possession of prohibited interest (A.216)
7. Malversation of public funds or property
(A. 217)
8. Failure to render accounts (A.218)
9. Illegal use of public funds or property
(A.220)
10. Failure to make delivery of public funds
or property (A.221)
11. Falsification by a public officer or
employee committed with abuse of his
official position (A.171)
12. Those having to do with the discharge
of their duties in a foreign country.
The functions contemplated are those,
which are, under the law:
• To be performed by the public officer;
• In the foreign service of the Philippine
government;
• In a foreign country.
A crime committed within the grounds of a
Philippine embassyon foreign soil shall be
subject to Philippine penal laws, although it
may or may not have been committed by a
public officer in relation to his official duties.
Embassy grounds are considered as
extensions of the sovereignty of the country
occupying them.
CRIMINAL LAW 1 CRIMINAL LAW
Par. 5: Commit any of the crim es
against national security and the
law of nations (Title One, Book 2,
RPC)
Crimes against national security
1. Treason (A.114)
2. Conspiracy and proposal to commit
treason (A.115)
3. Misprision of treason (A.116)
4. Espionage (A.117)
Crimes against the law of nations
1. Inciting to war or giving motives for
reprisals (A.118)
2. Violation of neutrality (A.119)
3. Correspondence with hostile country
(A.120)
4. Flight to enemy’s country (A.121)
5. Piracy in general and mutiny on the
high seas or in Philippine waters (A.122)
Note: Crimes against publicorder (e.g.,
rebellion, coup d’etat, sedition) committed
abroad is under the jurisdiction of the host
country.
Terrorism is now classified as a crime
against national security and the law of
nations. ( See R.A. 9372, Human Security Act
of 2007)
R.A. 9372, Hum an Security Act of
2007 has extraterritorial application.
Section 58 provides that the Act shall apply
to individual persons who, although
physically outside the territorial limits of the
Philippines shall:
1. Conspire or plot to commit any of the
crimes in the Act;
2. Commit any of said crimes on board a
Philippine ship or airship;
3. Commit any of said crimes within the
embassy, consulate, or diplomatic
premises belonging to or occupied by
the Philippine government in an official
capacity;
PAGE 8 OF 342
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4. Commit said crimes against Philippine
citizens or persons of Philippine descent
where their citizenship or ethnicity was
a factor in the commission of the
crimes;
5. Commit said crimes directly against the
Philippine government.
3. PROSPECTIVITY
General rule: Acts or omissions will only
be subject to a penal law if they are
committed AFTER a penal law has taken
effect. [Art. 21, RPC]
Conversely, acts or omissions which have
been committed before the effectivity of a
penal law could not be penalized by such
penal law.
Exception: Penal laws shall have a
retroactive effect in so far as they favour the
person guilty of a felony. [Art. 22, RPC]
Exception to the Exception: The new
law is expressly made in applicable to
pending actions or existing cause of actions;
or
The offender is a habitual criminal. [Art. 22,
RPC]
KINDS OF REPEAL
A. Absolute or Total Repeal – A repeal
is absolute when the crime punished under
the repealed law has been decriminalized
by the subsequent law.
B. Partial or Relative Repeal – A
repeal is partial when the crime punished
under the repealed law continues to be a
crime in spite of the repeal. [ORTEGA]
EFFECTS OF REPEAL/AMENDMENT
If the repeal m akes the penalty
lighter in the new law, the new law
shall be applied, EXCEPT when the offender
is a habitual delinquent or when the new law
is made not applicable to pending action or
existing causes of action.
CRIMINAL LAW 1 CRIMINAL LAW
If the new law im poses a heavier
penalty, the law in force at the time of the
commission of the offense shall be applied.
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 crime is
obliterated. [REYES]
Pending cases are dismissed, regardless of
whether the accused is a habitual criminal.
Unserved penalties imposed are remitted.
The offender already serving sentence is
entitled to be released unless the repealing
law is expressly made inapplicable to those
who are serving sentence at the time of
repeal.
Note: Habitual criminals will continue
serving their sentence.
Rule of prospectivity also applies to judicial
decisions, administrative rulings and
circulars. [Art. 8, Civil Code]
Rationale for the prospectivity rule:
the punishability of an act must be
reasonably known for the guidance of
society. [People v. Jabinal]
LEGALITY
Art. 21. No felony shall be punishable by
any penalty not prescribed by law prior to its
commission.
Nullum Crim en Nulla Poena Sine Lege
–There is no crime when there is no law
punishing the same.
Lim itation: Not every law punishing an
act or omission may be valid as a criminal
law. If the law punishing an act is
ambiguous, it is null and void.
PAGE 9 OF 342
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C. CONSTITUTIONAL LIMITATIONS
ON THE POWER OF CONGRESS TO
ENACT PENAL LAWS
A. NO EX POST FACTO LAW OR BILL
OF ATTAINDER
Art icl e I II, S ecti on 22, 1987 Const . No ex
post facto law or bill of attainder shall be
enacted.
Ex Post Facto Law
An ex post facto law is one which:
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 than the law
required at the time of the commission
of the offense;
5. assumes to regulate civil rights and
remedies only, in effect imposes penalty
or deprivation of a right for something
which when done was lawful; and
6. deprives a person accused of a crime
some lawful protection to which he has
become entitled, such as the protection
of a former conviction or acquittal, or a
proclamation of amnesty [In re: Kay
Villegas Kami, Inc., G.R. No. L-32485
(1970)]
Bill of Attainder
A bill of attainder is a legislative act which
inflicts punishment without trial. Its essence
is the substitution of a legislative act for a
judicial determination of guilt. [People v.
Ferrer, G.R. No. L-32613-14 (1972)]
CRIMINAL LAW 1 CRIMINAL LAW
B. EQUALPROTECTION
Article III, Section 1, 1987 Const. No
person shall be deprived of life, liberty, or
property without due process of law, nor
shall any person be denied the equal
protection of the laws.
C. DUEPROCESS
Art. III, Sec. 14 (1), 1987 Const. No
person shall be held to answer for a
criminal offense without due process of law.
D. CRUEL OR INHUMAN
PUNISHMENT
ArtIII, Sec. 19, 1987 Const. Excessive
fines shall not be imposed, nor cruel,
degrading or inhuman punishment
inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons
involving heinous crimes, the Congress
hereafter provides for it. Any death penalty
already imposed shall be reduced to
reclusion perpetua.
Under RA 9364, An Act Prohibiting
the Im position of Death Penalty in
the Philippines, RA 8177 (Act
Designating Death by Lethal Injection), RA
7659 (Death Penalty Law), and other acts
imposing the death penalty were repealed
or amended accordingly. In lieu thereof, the
penalty of reclusion perpetua shall be
imposed when the law violated makes use
of the nomenclature of the penalties of the
RPC. However, the penalty of life
imprisonment shall be imposed when the
law violated does not make use of the
nomenclature of the penalties of the RPC.
Persons convicted of crimes punished by
reclusion perpetua shall not be eligible for
parole under the Indeterminate Sentence
Law.
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II. Felonies Other classifications:

1. As to count
2. As to nature
DIFFERENTIATING FELONIES,
OFFENSE, MISDEMEANOR AND • The purpose of classifying penalties is to
CRIME bring about a proportionate penalty and
equitable punishment.
• The penalties are graduated according
Felony – refers only to violations of the to their degree of severity.
Revised Penal Code.
o The stages (Art. 6) may not
A crime punishable under a special law is apply to all kinds of felonies.
not referred to as a felony. “Crime” or
“offense” is the proper term. o There are felonies which do not
admit of division.
Importance: There are certain provisions in
the RPC where the term “felony” is used,
which means that the provision is not 1. According to the Manner of Their
extended to crimes under special laws. Commission
Offense – A crime punished under a Under Art. 3, they are classified as:
special law is called a statutory offense.
1. Intentional felonies – those
Misdemeanor – A minor infraction of the committed with deliberate intent; and
law, such as a violation of an ordinance.
2. Culpable felonies – those resulting
Crime – Whether the wrongdoing is from negligence, reckless imprudence,
punished under the Revised Penal Code or lack of foresight or lack of skill;
under a special law, the generic word performed without malice.
“crime” can be used.
INTENTIONAL VS. CULPABLE
FELONIES
Felonies: How Committed Intentional Culpable
Felonies are committed not only by means Act is Not malicious.
of deceit (dolo) but also by means of fault malicious.
(culpa).
With Injury caused is
There is deceit when the act is performed
deliberate unintentional, being just
with deliberate intent; and there is fault
intent. an incident of another act
when the wrongful act results from
performed without
imprudence, negligence, lack of foresight,
malice.
or lack of skill. [Art. 3, RPC]
Has intention Wrongful act results from
to cause an imprudence, negligence,
A. CLASSIFICATION OF FELONIES injury. lack of foresight, or lack
of skill.
Felonies are classified as follows:
1. According to the manner of their
commission
2. According to the stages of their
execution
3. According to their gravity

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2. According to the Stages of Their c. Theft – “free disposition of the

Execution items stolen” is not in any way
determinative of whether the
Under Art. 6, they are classified as:
crime of theft has been
1. Attempted produced. [Valenzuela vs. People
(2007)]
2. Frustrated
3. Consummated
3. According to Their Gravity
Note: The classification of stages of a
felony in Article 6 is true only to crimes Under Art. 9, felonies are classified as:
under the Revised Penal Code. It does NOT 1. Grave felonies – those to which the
apply to crimes punished under special laws.
law attaches the capital punishment or
However, even certain crimes which are penalties which in any of their periods
punished under the Revised Penal Code do are afflictive;
not admit of these stages.
• Reclusion perpetua
• Reclusion temporal
Related to this, classification of
felonies as to: • Perpetual or Absolute DQ
1. Formal Crimes: Crimes which are • Perpetual or Temporary
consummated in one instance;a single Special DQ
act of the accused consummates the
• Prision mayor
offense as a matter of law (i.e. physical
injuries, acts of lasciviousness, coercion, • Fine more than P6,000
slander)
2. Less grave felonies – those which
Example: ILLEGAL EXACTIONunder Art. the law punishes with penalties which in
213 their maximum period is correctional;
Mere demanding of an amount different • Prision correccional
from what the law authorizes him to
collect will already consummate a crime, • Arresto mayor
whether the taxpayer pays the amount • Suspension
being demanded or not.
• Destierro
2. Material Felonies: crimes that have
various stages of execution • Fines equal to or more than
P200
3. Felonies by omission: Crimes which
have no attempted stage.
4. Crimes which have NO Light felonies – those infractions of law
FRUSTRATED STAGE: the essence for the commission of which the penalty is
of the crime is the act itself. arresto menor, or a fine not exceeding P200,
or both.
a. Rape – the slightest
penetration already General Rule: Light felonies are
consummates the crime[People punishable only when they have been
v. Orita, G.R. No. 88724 (1990)] consummated.
b. Arson – the slightest burning Reason: They produce light, insignificant
already renders the crime moral, and material injuries that public
complete conscience is satisfied with providing a light
penalty for their consummation.

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Exception: If committed against persons
or property, punishable even if attempted or
frustrated.
Light felonies under RPC:
1. Slight physical injuries
2. Theft when the value of the thing stolen
is less than 5 pesos and theft is
committed under the circumstances
enumerated under Art. 308 par. 3
3. Alteration of boundary marks
4. Malicious mischief when the value of
the damage does not exceed two
hundred pesos or cannot be estimated
5. Intriguing against honor.
For light felonies, the only ones who can be
held liable are the principals and
accomplices.
W hy is it necessary to determine
whether the crime is grave, less
grave or light?
To determine
• whether these felonies can be
complexed or not;
• the prescription of the crime and
• the prescription of the penalty.
In other words, these are felonies classified
according to their gravity, stages and the
penalty attached to them.
Take note that when the Revised Penal
Code speaks of grave and less grave
felonies, the definition makes a reference
specifically to Art. 25 of the Revised Penal
Code.
Do not omit the phrase “In accordance with
Art. 25” because there is also a
classification of penalties under Art. 26 that
was not applied.
This classification of felony according to
gravity is important with respect to the
question of prescription of crimes.
If the penalty is a fine and exactly P200.00,
it is only considered a light felony under Art.
CRIMINAL LAW 1 CRIMINAL LAW
9. If the fine is imposed as an alternative
penalty or as a single penalty, the fine of
P200.00 is considered a correctional
penalty under Art. 26, hence a less grave
penalty.
If the penalty is exactly P200.00, apply Art.
26(with respect to prescription of penalties).
It is considered as a correctional penalty
and it prescribes in 10 years. If the offender
is apprehended at any time within ten years,
he can be made to suffer the fine.
As to Count
Plurality of crimes may be in the form of:
• Compound Crime,
• Complex crime; and
• Composite crime.
As to Nature
• Mala in se
• Mala prohibita
B. ELEMENTS OF CRIMINAL
LIABILITY
Elements of Felonies[Art. 3, RPC]
There must be an act or omission (actus
reus/physical act)
Act: Any kind of body movement which
tends to produce some effect in the external
world; includes possession.
Omission: The failure to perform a positive
duty which one is bound to do under the law.
That the act or omission must be
punishable by the RPC.
It is important that there is a law requiring
the performance of an act; if there is no
positive duty, there is no liability.
That the act is performed or the omission
incurred by means of dolo or culpa.
The act or omission must be voluntary
PAGE 13 OF 342
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DOLO presumed but must be proven;

otherwise it is merely physical
Dolo is deliberate intent otherwise referred
injuries.
to as criminal intent, and must be coupled
with freedom of action and intelligence on e. Intent which is a mental process
the part of the offender as to the act done presupposes the exercise of
by him. freedom and the use of intelligence.
Intentional Felonies – The act or f. If an act is proven to be unlawful,
omission is performed or incurred with then intent will be presumed prima
deliberate intent (with malice) to cause an facie. [U.S. v. Apostol]
injury to another.
g. An honest mistake of fact destroys
Requisites: the presumption of criminal intent
which arises from the commission of
1. Freedom
a felonious act. [People v. Oanis]
a. Voluntariness on the part of the
h. Mens rea: "A guilty mind, a guilty
person who commits the act or
or wrongful purpose or criminal
omission.
intent." [Black's Law Dictionary, 5th
b. If there is lack of freedom, the ed., p. 889]
offender is exempt from liability (i.e.,
Note: If any of the elements is absent,
presence of irresistible force or
there is no dolo. If there is no dolo, there
uncontrollable fear)
could be no intentional felony. [Visbal vs.
2. Intelligence Buban (2003)]
a. Capacity to know and understand Exception to the requirement of criminal
the consequences of one’s act. intent:
b. This power is necessary to 1. Felonies committed by CULPA –
determine the morality of human criminal intent is replaced by
acts, the lack of which leads to non- imprudence, negligence or lack of
existence of a crime. foresight or skill
c. If there is lack of intelligence, the 2. Offenses MALA PROHIBITA– intent is
offender is exempt from liability. immaterial
(i.e., offender is an imbecile, insane
CATEGORIES OF CRIMINAL INTENT
or under 15 years of age)
(GENERAL VS. SPECIFIC INTENT)
3. Criminal Intent
General Criminal Specific Criminal
a. The purpose to use a particular Intent Intent
means to effect a result.
The intention to do The intention to
b. The intent to commit an act with something wrong. commit a definite
malice, being purely a mental state, act.
is presumed (but only if the act Presumed from the Existence is not
committed is unlawful). Such mere doing of a presumed.
presumption arises from the proof wrong act.
of commission of an unlawful act.
The burden is upon Since the specific
c. However, in some crimes, intent the wrongdoer to intent is an element
cannot be presumed as an integral prove that he acted of the crime, the
element thereof; so it has to be without such burden is upon the
proven. criminal intent. prosecution to
establish its
d. Example: In frustrated homicide,
existence.
specific intent to kill is not

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• The general criminal intent is presumed
from the criminal act; the absence of
any general intent is relied upon as a
defense; such absence must be proved
by the accused.
• Generally, a specific intent is not
presumed. Its existence, as a matter of
fact, must be proved by the State just as
any other essential element.
• This may be shown, however, by the
nature of the act, the circumstances
under which it was committed, the
means employed and the motive of the
accused
• In some particular felonies, proof of
specific intent is required.
o In certain crimes against
property, there must be intent
to gain (Art. 293 – robbery, Art
308 – theft).
o Intent to kill is essential in
attempted and frustrated
homicide (Art 6 in relation to Art
249), as well as in murder.
o In forcible abduction (Art. 342),
specific intent of lewd designs
must be proved.
DISTINCTION BETW EEN INTENT,
DISCERNMENT AND MOTIVE
Intent – is the determination to do a
certain thing, an aim or purpose of the mind.
It establishes the nature and extent of
culpability in intentional felonies.
The purpose to use a particular means to
effect a definite result. (Reyes)
Discernm ent – is the mental capacity to
tell right from wrong. It is integral to the
element of intelligence, NOT intent.
Motive – it is the moving power which
impels one to do an act for a definite result
(ex. vengeance). Generally, it is not an
essential element of a crime; hence, it need
not be proved for purposes of conviction
(except in certain cases enumerated below).
PAGE 15 OF 342
CRIMINAL LAW
How motive is proved
Generally, the motive is established by the
testimony of witnesses on the acts or
statements of the accused before or
immediately after the commission of the
offense, deeds, or words that may express it
or from which his motive or reason for
committing it may be inferred. [Barrioquinto
v. Fernandez (1949)]
W hen Motive Becomes Material in
Determ ining Crim inal Liability
1. When the act brings about variant
crimes (e.g. kidnapping v. robbery
[People v. Puno (1993)])
2. When there is doubt as to the identity of
the assailant.
3. When there is the need to ascertain the
truth between two antagonistic versions
of the crime.
4. When the identification of the accused
proceeds from an unreliable source and
the testimony is inconclusive and not
free from doubt.
5. When there are no eyewitnesses to the
crime, and when suspicion is likely to
fall upon a number of persons.
6. When the evidence on the commission
of the crime is purely circumstantial.
• Lack of motive can aid in achieving
acquittal of the accused, especially
where there is doubt as to the
identity of the accused. [People v.
Hassan (1988)]
• Proof of motive is not indispensable
for a conviction, particularly where
the accused is positively identified
by an eyewitness and his
participation is adequately
established. [People v. Delos
Santos]
7. When the act is alleged to be
committed in defense of a stranger
because it must not be induced by
revenge, resentment, or other evil
motive.
UP LAW BOC
Note: Discernment does not indicate the
presence of intent, merely intelligence
[People v. Cordova (1993)]. Thus,
discernment is necessary whether the crime
is dolo or culpa.
W RONGFUL ACT DIFFERENT FROM
THAT INTENDED
Art. 4. RPC. Criminal liability shall be
incurred:
By any person committing a felony (delito)
although the wrongful act done be different
from that which he intended. xxx xxx xxx
When a person commits a felony with
malice, he intends the consequences of his
felonious act.
One who commits an intentional felony is
responsible for all the consequences which
may naturally and logically result therefrom,
whether foreseen or intended or not.
One is not relieved from criminal liability for
the natural consequences of one’s illegal
acts, merely because one does not intend to
produce such consequences. [US v. Brobst
(1909)]
Rationale: el que es causa de la causa es
causa del mal causado (he who is the cause
of the cause is the cause of the evil caused).
Requisites:
1. An intentional felony has been
committed.
a. The felony committed should be
one committed by means of
dolo (with malice) because Art.
4, Par. 1 speaks of wrongful act
done different from that which
he intended.
b. The act should not be punished
by a special law because the
offender violating a special law
may not have the intent to do an
injury to another.
c. No felony is committed when:
CRIMINAL LAW 1 CRIMINAL LAW
i. the act or omission is
not punishable by the
RPC,
ii. the act is covered by any
of the justifying
circumstances
enumerated in Art. 11.
2. The wrong done to the aggrieved party
be the direct, natural and logical
consequence of the felony
committed by the offender.
The relation of cause and effect must be
shown:
a. Unlawful act is the efficient
cause
b. Accelerating cause
3. Proximate cause
Note: In order that a person may be held
criminally liable for a felony different from
that which he intended to commit, an
intentional felony must have been
committed. Example:
1. If A, in attempting a suicide, jumped out
the window to kill himself, but when he
dropped to the ground he fell on an old
woman who died as a consequence, A is
not criminally liable for intentional
homicide. A was not committing a
felony when he attempted a suicide.
2. If B, who was being fired at with a gun
by C to kill him, fired a pistol at the
latter in self-defense, but missed him
and instead hit and killed D, a
bystander, B is not criminally liable for
the death of D. One acting in self-
defense is not committing a felony.
(REYES)
Proximate Cause - That cause, which, in
a natural and continuous sequence,
unbroken by any efficient intervening cause,
produces the injury without which the result
would not have occurred.
The proximate legal cause is that acting
first and producing the injury, either
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immediately or by setting other events in
motion, all constituting a natural and
continuous chain of events, each having a
close causal connection with its immediate
predecessor, the final event in the chain
immediately effecting the injury as a natural
and probable result of the cause which first
acted, under such circumstances that the
person responsible for the first event should,
as an ordinary prudent and intelligent
person, have reasonable ground to expect
at the moment of his act or default that an
injury to some person might probably result
therefrom. [Vda. De Bataclan v. Medina
(1957)]
Note: Criminal liability exists from the
concurrence of the mens rea and the actus
reus.
Criminal liability for some felonies arises
only upon a specific resulting harm:
• Homicide and its qualified forms
requires DEATH of the victim to be
consummated.
• Estafa: requires that the victim incur
damage for criminal liability for the
consummated felony to arise.
General rule: The offender is
CRIMINALLY LIABLE for ALL the natural
and logical consequences of his felonious
act, although not intended, if the felonious
act is the proximate cause of the resulting
harm.
Any person who creates in another person’s
mind an immediate sense of danger which
causes the latter to do something resulting
in the latter’s injuries, is liable for the
resulting injuries. [People v. Page citing
People v. Toling]
Thus, the person is still criminally liable
although the wrongful act done be different
from that which he intended in the
following cases:
1. Error in personae - mistake in the
identity of the victim; injuring one
person mistaken for another (Art.
CRIMINAL LAW 1 CRIMINAL LAW
49 – penalty for lesser crime in its
maximum period)
a. At least two subjects
b. A has intent to kill B, but
kills C
c. Under Art. 3, if A hits C, he
should have no criminal
liability. But because of Art.
4, his act is a felony.
2. Aberratio ictus - mistake in the
blow; when offender intending to do
an injury to one person actually
inflicts it on another (Art. 48 on
complex crimes – penalty for graver
offense in its maximum period)
a. There is only one subject.
b. The intended subject is a
different subject, but the
felony is still the same.
3. Praeter intentionem - injurious
result is greater than that intended
(Art. 13 – mitigating circumstance)
a. If A’s act constitutes
sufficient means to carry out
the graver felony, he cannot
claim praeter intentionem.
W hen death is presumed to be the
natural consequence of physical
injuries inflicted:
• That the victim at the time the physical
injuries were inflicted was in normal
health.
• That death may be expected from the
physical injuries inflicted; and
• That death ensued within a reasonable
time. [People v. Datu Baginda]
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PROXIMATE CAUSE V. IMMEDIATE
CAUSE V. REM OTE CAUSE
Proximate cause – see definition above.
Immediate cause – The last event in a
chain of events, though not necessarily the
proximate cause of what follows.
Rem ote cause – A cause that does not
necessarily or immediately produce an
event or injury.
The felony committed is not the
proximate cause of the resulting
injury when:
1. There is an efficient intervening cause or
an active force that intervened between
the felony committed and the resulting
injury, and the active force is a distinct
act or fact absolutely foreign from the
felonious act of the accused; or
2. The resulting injury is due to the
intentional act of the victim.
The following are not efficient
intervening cause:
1. The weak or diseased physical condition
of the victim, as when one is suffering
from tuberculosis or heart disease.
[People v. Illustre]
2. The nervousness or temperament of the
victim, as when a person dies in
consequence of an internal hemorrhage
brought on by moving about against the
doctor’s orders, because of his nervous
condition due to the wound inflicted by
the accused. [People v. Almonte]
3. Causes which are inherent in the victim,
such as (a) the victim not knowing how
to swim and (b) the victim being
addicted to tuba drinking. [People v.
Buhay and People v. Valdez]
4. Neglect of the victim or third person,
such as the refusal by the injured party
of medical attendance or surgical
operation, or the failure of the doctor to
give anti-tetanus injection to the injured
person. [U.S. v. Marasigan]
CRIMINAL LAW 1 CRIMINAL LAW
5. Erroneous or unskillful medical or
surgical treatment, as when the assault
took place in an outlying barrio where
proper modern surgical service was not
available. [People v. Moldes]
Omission– It is inaction; the failure to
perform a positive duty which a person is
bound to do.
There must be a law requiring the doing or
performing of an act.
Punishable omissions in the RPC:
1. Art. 116: Misprision of treason.
2. Art. 125: Failure to deliver prisoners.
3. Art. 137: Disloyalty of public officers or
employees.
4. Art. 208: Negligence and tolerance in
prosecution of offenses.
5. Art. 223: Conniving with or consenting
to evasion.
6. Art. 275: Abandonment of person in
danger and abandonment of one’s own
victim.
7. Art. 276: Abandoning a minor
Mistake of Fact (Ignorantia Facti
Excusat) – It is a reasonable
misapprehension of fact on the part of the
person causing injury to another. Such
person is NOT criminally liable as he acted
without criminal intent.
Under this principle, what is involved is the
lack of intent on the part of the accused.
Therefore, the defense of mistake of fact is
an untenable defense in culpable
felonies, where there is no intent to
consider.
An honest mistake of fact destroys the
presumption of criminal intent which arises
upon the commission of a felonious act.
Requisites:
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1. That the act done would have been
lawful had the facts been as the
accused believed them to be;
2. That the intention of the accused in
performing the act should be lawful;
3. That the mistake must be without fault
or carelessness on the part of the
accused. When the accused is negligent,
mistake of fact is not a defense. [People
v. Oanis (1993)]
However, mistake of fact is NOT availing in
People v. Oanis (74 Phil. 257),because the
police officers were at fault when they shot
the escaped convict who was sleeping,
without first ascertaining his identity. (It is
only when the fugitive is determined to fight
the officers of law trying to catch him that
killing the former would be justified)
US v. Ah Chong (1910):
A cook who stabs his roommate in the dark,
honestly mistaking the latter to be a robber
responsible for a series of break-ins in the
area, and after crying out sufficient
warnings and believing himself to be under
attack, cannot be held criminally liable for
homicide.
CULPA
Culpa – The act or omission is not
malicious; the injury caused being simply
the incident of another act performed
without malice.
The element of criminal intent is replaced
by negligence, imprudence, lack of foresight
or lack of skill.
Requisites:
1. Freedom
2. Intelligence
3. Negligence, reckless imprudence,
lack of foresight or lack of skill
4. Resulting harm or injury
CRIMINAL LAW 1 CRIMINAL LAW
Ivler v. Modesto-San Pedro (2010):
Reckless Imprudence is a single crime, its
consequences on persons and property are
material only to determine the penalty.
Quasi-offenses, whether reckless or simple,
are distinct species of crime, separately
defined and penalized under the framework
of our penal laws. As early as the middle of
the last century, the Court already sought to
bring clarity to this field by rejecting in
Quizon v. Justice of the Peace of Pampanga
the proposition that "reckless imprudence is
not a crime in itself but simply a way of
committing it.
It is not a mere question of classification or
terminology. In intentional crimes, the act
itself is punished; in negligence or
imprudence, what is principally penalized is
the mental attitude or condition behind the
act, the dangerous recklessness, lack of
care or foresight, the imprudencia punible.
The law penalizes thus the negligent or
careless act, not the result thereof. The
gravity of the consequence is only taken into
account to determine the penalty, it does
not qualify the substance of the offense.
And, as the careless act is single, whether
the injurious result should affect one person
or several persons, the offense (criminal
negligence) remains one and the same, and
cannot be split into different crimes and
prosecutions.
Negligence - Indicates deficiency of
perception, failure to pay proper attention,
and to use diligence in foreseeing the injury
or damage impending to be caused. Usually
involves lack of foresight.
Imprudence - Indicates deficiency of
action, failure to take the necessary
precaution to avoid injury to person or
damage to property. Usually involves lack of
skill.
Resulting harm or injury - Unless the
negligent or imprudent act results in harm
or injury to another, there is no criminal
liability. In other words, no matter how
reckless one drives his car, he does not incur
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criminal liability for culpa if no one is killed
or injured, or property is damaged.
Reason for punishing acts of
negligence or im prudence: A man
must use his common sense and exercise
due reflection in all his acts; it is his duty to
be cautious, careful and prudent and not to
expose other people’s lives and property at
risk of injury or damage.
DOCTRINES CONCERNING
CULPABLE CRIMES
1. Emergency Rule
• A person who is confronted with
a sudden emergency may be
left no time for thought so he
must make a speedy decision
based largely upon impulse or
instinct (Gan v CA, 165 SCRA
378).
• Importance:cannot be held to
the same conduct as one who
has had an opportunity to
reflect, even though it later
appears that he made the
wrong decision.
2. Doctrine Of “Last Clear Chance”
• The contributory negligence of
the party injured will NOT
defeat the action if it be shown
that the accused might, by the
exercise of reasonable care and
prudence, have avoided the
consequences of the negligence
of the injured party.
• Last Clear Chance is a defense
by the defendant in a damage
suit against liability
transferring it to the plaintiff.
• Except: The doctrine is not
applicable in criminal cases
because the liability is penal in
nature and thus liability cannot
be transferred to the other party.
[Anuran v. Buno (1966)]
CRIMINAL LAW 1 CRIMINAL LAW
• It is not a case between two
parties involved in an incident
but rather between an
individual and the State.
3. Rule Of Negative Ingredient
• This is related to the doctrine of
proximate cause and applicable
when certain causes leading to
the result are not identifiable.
• This rule states that:
i. The prosecution must
first identify what the
accused failed to do.
ii. Once this is done, the
burden of evidence shifts
to the accused.
iii. The accused must show
that the failure did not
set in motion the chain
of events leading to the
injury [Carillo v. People].
C. IMPOSSIBLE CRIME
Purpose of punishing impossible
crim es – to suppress criminal propensity or
criminal tendencies. Objectively, the
offender has not committed a felony, but
subjectively, he is a criminal.
Requisites:
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
by means employed is either
inadequate or ineffectual.
4. That the act performed should not
constitute a violation of another
provision of the RPC
Inadequate – Insufficient (e.g. small
quantity of poison)
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Ineffectual – means employed did not
produce the result expected (e.g. pressed
the trigger of the gun not knowing that it is
empty)
Inherent impossibility: The act intended
by the offender is by its nature one of
impossible accomplishment.
• There must be either:
1. Legal im possibility –The intended
acts, even if completed, would not
amount to a crime. Legal impossibility
would apply to those circumstances
where:
a. the motive, desire and
expectation is to perform an act
in violation of the law;
b. there is intention to perform the
physical act;
c. there is a performance of the
intended physical act; and
d. the consequence resulting from
the intended act does not
amount to a crime. [Intod v. CA]
2. Physical or factual impossibility
– Extraneous circumstances unknown
to the actor or beyond his control
prevent the consummation of the
intended crime.
a. In the Philippines, impossibility
of accomplishing the criminal
intent is not merely a defense
but an act penalized in itself.
b. Since the offender in an
impossible crime has already
performed the acts for the
execution of the same, there
could be no attempted
impossible crime. There is no
frustrated impossible crime
either, because the acts
performed by the offender are
considered as constituting a
consummated offense.
CRIMINAL LAW 1 CRIMINAL LAW
MODIFIED CONCEPT OF
IMPOSSIBLE CRIME
Intod v. CA (1992):
In this case, four culprits, all armed with
firearms and with intent to kill, went to the
intended victim’s house and after having
pinpointed the latter’s bedroom, all four
fired at and riddled the said room with
bullets, thinking that the intended victim
was already there as it was about 10:00 in
the evening.
It so happened that the intended victim did
not come home that evening and so was not
in her bedroom at that time.
Eventually the culprits were prosecuted and
convicted by the trial court for attempted
murder.
CA affirmed the judgment but the SC
modified the same and held the petitioner
liable only for the so-called impossible
crime. SC held that there was factual
impossibility in this case, when the
petitioner shoots the place where he
thought his victim would be, although in
reality, the victim was not present in said
place and thus, the petitioner failed to
accomplish his end.
As a result, petitioner-accused was
sentenced to imprisonment of only six
months of arresto mayor for the felonious
act he committed with intent to kill: this
despite the destruction done to the
intended victim’s house.
D. STAGES OF EXECUTION
Classification under Art. 6:
Consummated Felony – When all the
elements necessary for its execution and
accomplishment are present; the felony is
produced.
Frustrated Felony – When the offender
performs all the acts of execution which
would produce the felony as a consequence
but which, nevertheless, do not produce it
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by reason of causes independent of the will all the acts of execution which should
of the perpetrator. produce the felony by reason of some cause
or accident other than his own spontaneous
Attempted Felony – When the offender
desistance
commences the commission of a felony
directly by overt acts, and does not perform

DEVELOPMENT OF A CRIME
ELEMENTS OF
CRIMINAL IMPOSSIBLE CRIME ATTEMPTED FRUSTRATED CONSUMMATED
LIABILITY
Intervention
other than own
Actus Reus ü desistance; ü ü
some but not
all acts of
execution
Mens Rea ü ü ü ü
Concurrence ü ü ü ü
Result ûLacking due to: û û Not produced ü
inherent impossibility by reason of
or causes
employment of independent of
inadequate means the will of the
perpetrator
Causation û û û ü

DEVELOPMENT OF A CRIME • Proposal and conspiracy to

1. Internal acts commit a felony are not
punishable except when the law
• Intent, ideas and plans; generally provides for their punishment in
not punishable, even if, had they certain felonies
been carried out, they would
constitute a crime • These acts do not yet constitute
even the first stage of the acts
• The intention and act must concur. of execution.
• Illustration: Ernie plans to kill Bert • Intent not yet disclosed.
• Illustration: Ernie goes to the
2. External acts kitchen to get a knife.

a. Preparatory Acts b. Acts of Execution

• Acts tending toward the crime.
• Ordinarily not punished except
when considered by law as
independent crimes (i.e. Art. 304
– possession of picklocks)
• Usually overt acts with a logical
relation to a particular concrete
offense.
• Punishable under the RPC.
• Illustration: Ernie stabs Bert

PAGE 22 OF 342
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

A commission of the felony is deemed Attempted and Frustrated Felonies –

commenced when the following are The difference between the attempted
present: stage and the frustrated stage lies in
whether the offender has performed all the
1. There are external acts.
acts of execution for the accomplishment of
2. Such external acts have a direct a felony.
connection with the crime intended to
be committed.
Attempted Frustrated
Felony Felony
Indeterminate Offense – It is one where
All acts of
the intent of the offender in performing an Overt acts of
execution are
act is not certain. Its nature in relation to its execution
finished
objective is ambiguous. The intention of the are started
accused must be viewed from the nature of Acts BUT
BUT
the acts executed by him and the attendant Performed
Crime sought
circumstances, and not from his admission. Not all acts
to be
The accused may be convicted of a felony of execution
committed is
defined by the acts performed by him up to are present
not achieved
the time of desistance.
Due to
reasons Due to
People v. Lamahang (1935): other than intervening
Aurelio Lamahang was caught opening with the causes
Why
an iron bar a wall of a store of cheap goods spontaneous independent of
in Fuentes St. Iloilo. He broke one board desistance the will of the
and was unfastening another when a of the perpetrator
patrolling police caught him. The owners of perpetrator
the store were sleeping inside store as it Offender is
was early dawn. Lamahang was then already in the
convicted of attempted robbery Offender still objective phase
Held: The crime committed was only in subjective because all
attempted trespass to dwelling. Attempt phase acts of
should have logical relation to a because he execution are
Position
particular and concrete offense which still has already
in the
would lead directly to consummation. It is control of his present and
Timeline
necessary to establish an unavoidable acts, the cause of its
connection & logical & natural relation of including non-
cause and effect. It’s also important to their natural accomplishme
show clear intent to commit crime. In the cause. nt is other
case at bar, we can only infer that his than the
intent was to enter by force, other offender’s will
inferences are not justified by facts.
Groizard: infer only from nature of acts
executed. Acts susceptible of double
interpretation can’t furnish ground for
themselves. The mind should not directly
infer intent.

PAGE 23 OF 342
UP LAW BOC
D. 1. ATTEMPTED STAGE
Elements:
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 non-performance of all acts of
execution was due to cause or
accident other than his own
spontaneous desistance.
Overt Act – Some physical activity or
deed, indicating the 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 the voluntary
desistance of the perpetrator, will logically
and necessarily ripen into a concrete
offense.
Marks the commencement of the subjective
phase:
• Subjective phase - That portion
of the acts constituting a crime,
starting from the point where the
offender begins the commission of
the crime to that point where he still
has control over his acts including
their (act’s) natural course
• If between those two points, the
offender is stopped by reason of any
cause outside of his own voluntary
desistance, the subjective phase has
not been passed and it is merely an
attempt.
• Desistance – is an absolutory
cause which negates criminal
liability because the law encourages
a person to desist from committing
a crime.
• But, it does not negate all criminal
liability, if the desistance was made
when acts done by him already
CRIMINAL LAW 1 CRIMINAL LAW
resulted in a felony, the offender will
still be criminally liable for the felony
brought about by his act.
• What is negated is only the
attempted stage, but there may be
other felonies arising from his act.
• Example: An attempt to kill that
results in physical injuries leads to
liability for the injuries inflicted
Note: Desistance is recognized only in the
attempted stage of the felony.
• If the felony is already in its
frustrated stage, desistance will
NOT negate criminal liability.
• In the attempted stage, the
definition uses the word “directly.”
• The word “directly” emphasizes the
requirement that the attempted
felony is that which is directly linked
to the overt act performed by the
offender, not the felony he has in his
mind.
• There are some acts which are
ingredients only of a crime, such as
in the case of People v. Lamahang
(1935) where the act of removing
the wall panels indicates only at
most the intention to enter. Thus,
he can only be prosecuted for
Attempted Trespass and not
Attempted Robbery.
People v. Campuhan (2000):
The mother of the 4-year-old victim caught
the houseboy Campuhan in the act of
almost raping her daughter.
The hymen of the victim was still intact.
However, since it was decided in People v.
Orita that entry into labia is considered rape
even without rupture and full penetration of
the hymen, a question arises whether what
transpired was attempted or consummated
rape.
PAGE 24 OF 342
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Held:
• There was only attempted rape.
• Mere touching of external genitalia
by the penis is already rape.
• Touching should be understood as
inherently part of entry of penis
penetration and not mere touching,
in the ordinary sense, of the
pudendum.
• Requires entry into the labia, even if
there be no rupture of the hymen or
laceration of the vagina, to warrant
a conviction for consummated rape.
• Where entry into the labia has not
been established, the crime
amounts to an attempted rape.
• The prosecution did not prove that
Campuhan’s penis was able to
penetrate victim’s vagina because
the kneeling position of the accused
obstructed the mother’s view of the
alleged sexual contact. The
testimony of the victim herself
claimed that penis grazed but did
not penetrate her organ.
• There was only a shelling of the
castle but no bombardment of the
drawbridge yet.
D. 2. FRUSTRATEDSTAGE
Elements:
1. The offender performs all the acts of
execution;
2. All the acts performed would
produce the felony as a
consequence;
3. But the felony is not produced;
4. By reason of causes independent of
the will of the perpetrator.
• The end of the subjective phase and
the beginning of the objective phase.
PAGE 25 OF 342
CRIMINAL LAW
• Objective phase – the result of
the acts of execution, that is, the
accomplishment of the crime.
• If the subjective and objective
phases have been passed there is a
consummated felony.
People v. Listerio (2000):
Brothers Jeonito and Marlon were walking
when they met a group composed of men
who blocked their path and attacked them
with lead pipes and bladed weapons. One
stabbed Jeonito from behind. Jeonito’s
brother, Marlon, was hit on the head.
Held:
1. The SC held that the crime is a
frustrated felony not an attempted
offense considering that after being
stabbed and clubbed twice in the
head as a result of which he lost
consciousness and fell. Marlon's
attackers apparently thought he
was already dead and fled.
2. A crime cannot be held to be
attempted unless the offender, after
beginning the commission of the
crime by overt acts, is prevented,
against his will, by some outside
cause from performing all of the
acts which should produce the
crime.
3. In other words, to be an attempted
crime, the purpose of the offender
must be thwarted by a foreign force
or agency which intervenes and
compels him to stop prior to the
moment when he has performed all
of the acts which should produce
the crime as a consequence, which
acts it is his intention to perform.
4. If he has performed all the acts
which should result in the
consummation of the crime and
voluntarily desists from proceeding
further, it cannot be an attempt, but
is a frustrated felony.
UP LAW BOC CRIMINAL LAW 1
Crimes which do not adm it of
frustrated stage
1. Rape
• The essence of the crime is carnal
knowledge.
• No matter what the offender may
do to accomplish a penetration, if
there was no penetration yet, it
cannot be said that the offender has
performed all the acts of execution.
• We can only say that the offender in
rape has performed all the acts of
execution when he has effected a
penetration.
• Once there is penetration, no matter
how slight it is, the offense is
consummated. For this reason,
rape admits only of the attempted
and consummated stages, no
frustrated stage. [People v. Orita]
2. Arson
• One cannot say that the offender, in
the crime of arson, has already
performed all the acts of execution
which could produce the
destruction of the premises through
the use of fire, unless a part of the
premises has begun to burn.
• The crime of arson is therefore
consummated even if only a portion
of the wall or any part of the house
is burned. The consummation of the
crime of arson does not depend
upon the extent of the damage
caused. (People v. Hernandez)
3. Bribery and Corruption of Public
Officers
• The manner of committing the
crime requires the meeting of the
minds between the giver and the
receiver.
PAGE 26 OF 342
CRIMINAL LAW
• If there is a meeting of the minds,
there is consummated bribery or
consummated corruption.
• If there is none, it is only attempted.
4. Adultery
• This requires the sexual contact
between two participants.
• If that link is present, the crime is
consummated.
5. Physical Injuries
• Under the Revised Penal Code, the
crime of physical injuries is
penalized on the basis of the gravity
of the injuries. There is no simple
crime of physical injuries. There is
the need to categorize because
there are specific articles that apply
whether the physical injuries are
serious, less serious or slight. Thus,
one could not punish the attempted
or frustrated stage because one
does not know what degree of
physical injury was committed
unless it is consummated.
6. Theft
• Once there is unlawful taking, theft
is consummated.
• Either the thing was taken or not.
• It does not matter how long the
property was in the possession of
the accused; it does not matter
whether the property was disposed
or not
Rule of thumb: Felonies that do not
require any result do not have a frustrated
stage.
UP LAW BOC
D. 3. CONSUMMATEDSTAGE
If the subjective and objective phases have
been completed.
Factors in Determining the Stage of
Execution of a Felony
1. The manner of committing the crime;
2. The elements of the crime; and
3. The nature of the crime itself.
These three factors are helpful in trying to
pinpoint whether the crime is still in its
attempted, frustrated or consummated
stage.
1. The Manner of Com m itting the
Crime
a. Formal Crimes - giver and the receiver.
consummated in one instant, no
attempt.
i. Ex. Slander and false
testimony
ii. There can be no
attempt, because
between the thought
and the deed, there is
no chain of acts that can
be severed.
b. Crimes consummated by
m ere attem pt or proposal
by overt act.
i. Ex. Flight to enemy’s
country (Art. 121) and
corruption of minors
(Art. 340)
c. Felony by omission
i. There can be no
attempted stage when
the felony is by omission,
because the offender
does not execute acts,
rather he omits to
perform an act which
the law requires him to
do.
PAGE 27 OF 342
CRIMINAL LAW 1 CRIMINAL LAW
d. Crimes requiring the
intervention of two
persons to comm it them
are consum m ated by m ere
agreem ent.
i. In bribery, the manner
of committing the crime
requires the meeting of
the minds between the
giver and the receiver.
ii. In betting in
sportscontests and
corruption of public
officer (Art. 197 and Art.
212), the manner of
committing the crime
requires the meeting of
the minds between the
iii. When the giver delivers
the money to the
supposed receiver, but
there is no meeting of
the minds, the only act
done by the giver is an
attempt.
e. Material Crimes – have
three stages of execution
Thus, in determining the stage of some
crimes, the manner of execution becomes
pivotal in determining the end of the
subjective phase, i.e. once the offender
performs the act in the manner provided for
in the law, HE IS ALREADY DEEMED TO
HAVE PERFORMED EVERY ACT FOR ITS
EXECUTION.
2. The Elements of the Crim e
a. Along with the manner of
execution, there are crimes
wherein the existence of certain
elements becomes the factor in
determining its consummation.
b. In the crime of estafa, the
element of damage is essential
before the crime could be
UP LAW BOC
consummated. If there is no
damage, even if the offender
succeeded in carting away the
personal property involved,
estafa cannot be considered as
consummated.
c. On the other hand, if it were a
crime of theft, damage or intent
to cause damage is not an
element of theft. What is
necessary only is intent to gain,
not even gain is important.
d. In the crime of abduction, the
crucial element is the taking
away of the woman with lewd
designs.
3. The Nature of the Crim e Itself
a. In defining of the frustrated
stage of crimes involving the
taking of human life (parricide,
homicide, and murder), it is
indispensable that the victim be
mortally wounded.
b. Hence, the general rule is that
there must be a fatal injury
inflicted, because it is only then
that death will follow.
E. CONSPIRACYANDPROPOSAL
Conspiracy – exists when two or more
persons come to an agreement concerning
the commission of a felony and decide to
commit it. (Article 8, RPC). Agreement may
be oral or written, express or implied.
Requisites of conspiracy:
1. Two or more persons come to an
agreement.
2. Agreement presupposes meeting of the
minds of two or more persons
3. The agreement pertains to a least permissible except in exceptional
commission of a felony.
CRIMINAL LAW 1 CRIMINAL LAW
4. Agreement to effect what has been
conceived and determined.
5. The execution of the felony was decided
upon.
Note: There must be participation in the
criminal resolution because simple
knowledge thereof by a person may only
make him liable as an accomplice.
General rule: Conspiracy and proposal to
commit a felony are not punishable.
Exception: They are punishable only in the
cases in which the law specially provides a
penalty therefore.
Conspiracy to commit -
1. Treason (Art. 115)
2. Rebellion (Art. 136)
3. Insurrection (Art. 136)
4. Coup d’état, (Art. 136)
5. Sedition (Art. 141)
6. Monopolies and combinations in
restraint of trade (Art. 186)
7. Espionage (Sec. 3, C.A. 616)
8. Selected acts under the Dangerous
Drugs Act (Sec. 26, R.A. 9165)
9. Arson (P.D. 1613, Sec. 7)
10. Terrorism (R.A. 9372, Sec. 4)
Proposal to commit –
1. Treason (Art. 115)
2. Coup d’ etat (Art. 136)
3. Rebellion (Art. 136)
4. Inducement not to answer summons,
appear or be sworn in Congress, etc.
(Art. 150)
Rationale: Conspiracy and proposal to
commit a crime are only preparatory acts
and the law regards them as innocent or at
cases.
PAGE 28 OF 342
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Conspiracy as a felony,
distinguished from conspiracy as a
manner of incurring crim inal
liability:
• As a felony, conspirators do not
need to actually commit treason,
rebellion, insurrection, etc., it being
sufficient that two or more persons
agree and decide to commit it.
• As a manner of incurring criminal
liability, if they commit treason,
rebellion, etc., they will be held
liable for it, and the conspiracy
which they had before committing
the crime is only a manner of
incurring criminal liability, not a
separate offense.
In conspiracy, the act of one is the act of all.
General rule: When the conspiracy is
established, all who participated therein,
irrespective of the quantity or quality of his
participation is liable equally, whether
conspiracy is pre-planned or instantaneous.
Exception: Unless one or some of the
conspirators committed some other crime
which is not part of the intended crime.
Exception to the Exception: When the
act constitutes a “single indivisible offense.”
Proposal to commit a felony - when
the person who has decided to commit a
felony proposes its execution to some other
person or persons. [Art. 8, RPC]
Examples:
1. Proposal to commit treason (Art.
115) and
2. Proposal to commit coup d’état,
rebellion or insurrection (Art. 136).
Requisites:
1. That a person has decided to
commit a felony; and
2. That he proposes its execution to
some other person or persons.
PAGE 29 OF 342
CRIMINAL LAW
There is no criminal proposal when:
• The person who proposes is not
determined to commit the felony;
• There is no decided, concrete and
formal proposal;
• It is not the execution of a felony
that is proposed.
Note: It is not necessary that the person to
whom the proposal is made agrees to
commit treason or rebellion.
• Conspiracy must be established by
positive and conclusive evidence,
not by conjectures or speculations.
[People v. Laurio (1991)]
• Conspiracy is predominantly a state
of mind as it involves the meeting of
the minds and intent of the
malefactors. Consequently, direct
proof is not essential to establish
it. [People v. Bello (2004)]
• To establish conspiracy, evidence of
actual cooperation rather than mere
cognizance or approval of an illegal
act is required.
• Conspiracy is never presumed; it
must be shown to exist as clearly
and convincingly as the commission
of the crime itself.
• Mere presence of a person at the
scene of the crime does not make
him a conspirator for conspiracy
transcends companionship. [People
v. Comadre (2004)]
• While it is mandatory to prove
conspiracy by competent evidence,
direct proof is not essential to show
it – it may be deduced from the
mode, method, and manner by
which the offense was perpetrated,
or inferred from the acts of the
accused themselves when such acts
point to a joint purpose and design,
concerted action and community of
interest. [People v. Cenahonon
(2007)]
UP LAW BOC
• Direct proof is not required, as
conspiracy may be proved by
circumstantial evidence. It may be
established through the collective
acts of the accused before, during
and after the commission of a felony
that all the accused aimed at the
same object, one performing one
part and the other performing
another for the attainment of the
same objective; and that their acts,
though apparently independent,
were in fact concerted and
cooperative, indicating closeness of
personal association, concerted
action and concurrence of
sentiments. [People v. Talaogan
(2008)]
• Doctrine of Im plied
Conspiracy – Conspiracy need not
be direct but may be inferred from
the conduct of the parties, their joint
purpose, community of interest and
in the mode and manner of
commission of the offense. [People v.
Pangilinan (2003)]
Legal effects of im plied conspiracy
are:
• Not all those present at the crime
scene will be considered
conspirators;
• Only those who participated in the
criminal acts during the commission
of the crime will be considered co-
conspirators;
• Mere acquiescence to or approval of
the commission of the crime,
without any act of criminal
participation, shall not render one
criminally liable as co-conspirator.
• In the absence of any previous plan
or agreement to commit a crime,
the criminal responsibility arising
from different acts directed against
one and the same person is
individual and not collective, and
that each of the participants is
CRIMINAL LAW 1 CRIMINAL LAW
liable only for his own acts. (People
v. Bagano)
• A conspiracy is possible even when
participants are not known to each
other. When several persons who do
not know each other simultaneously
attack the victim, the act of one is
the act of all, regardless of the
degree of injury inflicted by any one
of them. Everyone will be liable for
the consequences.
• One who desisted is not criminally
liable. As pointed out earlier,
desistance is true only in the
attempted stage. Before this stage,
there is only a preparatory stage.
Conspiracy is only in the preparatory
stage.
• In some exceptional situations,
having community of design with
the principal does not prevent a
malefactor from being regarded as
an accomplice if his role in the
perpetration of the homicide or
murder was, relatively speaking, of
a minor character. (People v. Nierra)
In determining whether there is an
im plied conspiracy, it m ust be based
on:
1. Overt acts done before, during, or after
the commission of the crime;
2. Words, remarks or language used
before, during or after the commission
of the crime
a. They must be distinct from each
other, independent or separate.
b. They must be closely associated,
closely related, closed linked,
and coordinated.
c. They must be for the common
criminal design, joint criminal
interest, unity of criminal
purpose, or concerted action,
geared towards the attainment
of the felony.
PAGE 30 OF 342
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Distinctions between the liability of a
conspirator and that of a member of a band
where the crime committed is robbery which
is attended by other crimes.
1. A conspirator is liable only for such
other crimes which could be
foreseen and which are the natural
and logical consequences of the
conspiracy. Thus, if the conspiracy is
only to rob the victim, rape is not a
foreseeable consequence. (People v.
Castillo)
2. A member of a band in a robbery
cuadrilla, on the other hand, is
liable for all assaults, inclusive of
rape and homicide, where he was
present when these crimes were
being committed but he did not
Two Concepts of
Stage How incurred
Conspiracy
(1) AS A FELONY Preparatory Mere
IN ITSELF acts agreement
CRIMINAL LAW 1 CRIMINAL LAW
attempt to prevent the same. (Art.
296 (2), RPC).
If both conspiracy to rob and cuadrilla are
present, both rules may apply, in this
manner:
1. If a homicide was committed, the
lookout is liable therefore under the
conspiracy theory;
2. If a rape was committed and the
lookout was present but did not try
to prevent it, he will be liable under
the cuadrilla rule; and
3. If the lookout was not present when
the homicide was committed, he
will not be liable for the rape but he
will still be liable for the homicide
under the conspiracy theory.
Legal requirements Illustration
The RPC must A, B, C and D came to
specifically punish the an agreement to
act of conspiring (and commit rebellion.
proposing) Their agreement was
The act must not be to bring about the
accomplished, else the rebellion on a certain
conspiracy is absorbed date.
and the act itself is
punished. Even if none of them
has performed the act
Quantum of proof: of rebellion, there is
Conspiracy as a crime already criminal
must be established liability arising from
beyond reasonable the conspiracy to
doubt commit the rebellion.
But if anyone of them
has committed the
overt act of rebellion,
the crime of all is no
longer conspiracy but
rebellion itself.
This is true even
though the other co-
conspirators do not
know that one of
them had already
performed an act of
rebellion.
PAGE 31 OF 342
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Two Concepts of
Stage How incurred Legal requirements Illustration
Conspiracy
(2) AS A BASIS Executory acts Commission Participants acted in Three persons plan to
FOR LIABILITY of overt act concert or rob a bank. For as
simultaneously or in any long as the
way which is indicative of conspirators merely
a meeting of the minds entered the bank
towards a common there is no crime yet.
criminal goal or criminal But when one of them
objective. draws a gun and
The act of meeting disarms the security
together is not necessary guard, all of them
as long as a common shall be held liable,
objective can be unless a co-
discerned from the overt conspirator was
acts. absent from the scene
The act must be of the crime or he
accomplished, if there is showed up, but he
only conspiracy or tried to prevent the
proposal, there is no commission of the
crime to be punished. crime.

Quantum of proof:
Reasonably inferred
from the acts of the
offenders when such
acts disclose or show a
common pursuit of the
criminal objective.
(People v. Pinto)

F. MULTIPLE OFFENDERS (DIFFERENCES, RULES, EFFECTS)

Recidivism/ Quasi- Habitual

Habituality/Reiteracion/
Reincindencia; Recidivism; Delinquency;
Repetition; Art. 14 (10)
Art. 14 (9) Art. 160 Art. 62 (5)
Sufficient at the tme Necessary that the Before Specified felonies:
of the trial that the offender shall have serving or less serious or serious
offender has been served out his sentence while physical injuries
previously convicted for the first offense serving robbery
Crimes by final judgment for sentence, theft
committed another crime the estafa
embraced in the same offender falsification
title of the Code on the commits a
date of his trial felony (NOT
a crime)
Before
Period of
serving or Within 10 years from
time the
No period of time while his last release or
crimes are
serving conviction
committed
sentence

PAGE 32 OF 342
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Recidivism/ Quasi- Habitual

Habituality/Reiteracion/
Reincindencia; Recidivism; Delinquency;
Repetition; Art. 14 (10)
Art. 14 (9) Art. 160 Art. 62 (5)
The second conviction The previous and Offender Guilty the third time
Number of for an offense subsequent offenses commits a or oftener
crimes embraced in the same must NOT be embraced felony
committed title of RPC in the same title of the
RPC
If not offset by any Not always an Imposes the An additional penalty
mitigating aggravating maximum shall be imposed
circumstance, increase circumstance of the
the penalty only to the penalty for
maximum the new
offense,
Their effects
and cannot
be offset by
any
mitigating
circum-
stance

F. 1. RECIDIVISM Meaning of “at the time of his trial

for one crim e:”
Basis: the greater perversity of the offender,
as shown by his inclination to commit a a. It is employed in its general sense.
particular class of felonies
b. It is meant to include everything
• A recidivist is one who, at the time that is done in the course of the trial,
of his trial for one crime, shall have from arraignment until after
been previously convicted by final sentence is announced by the judge
judgment of another crime in open court.
embraced in the same title of the c. In recidivism, it is sufficient that the
Revised Penal Code. [People v. succeeding offense be committed
Lagarto (1991)] afterthe commission of the
Requisites: preceding offense provided that at
the time of his trial for the second
1. Offender is on trial for an offense offense, the accused had already
2. He was previously convicted by final been convicted of the first offense.
judgment of another crime d. If both offenses were committed on
a. Both the first and second the same date, they shall be
offenses are embraced in the considered as only one, hence, they
same title of the RPC cannot be separately counted in
order to constitute recidivism. Also,
b. Offender is convicted of the new
judgments of conviction handed
offense
down on the same day shall be
Note: What is controlling is the time of trial, considered as only one conviction.
not the time of commission of the crime.
e. To prove recidivism, it is necessary
[Reyes, The RPC]
to allege the same in the
information and to attach thereto
certified copy of the sentences
rendered against the accused.

PAGE 33 OF 342
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f. Recidivism must be taken into REITERACION RECIDIVISM

account no matter how many years
have intervened between the first As to the first offense
and second felonies. It is necessary that It is enough that a
g. Even if the accused was granted a the offender shall final judgment has
pardon for the first offense, but he have served out his been rendered in
commits another felony embraced sentence for the first the first offense.
in the same title of the Code, the offense.
first conviction is still counted to As to the kind of offenses involved
make him a recidivist, since pardon
does not obliterate the fact of his The previous and Requires that the
prior conviction. subsequent offenses offenses be included
must not be in the same title of
h. Example of a recidivist is when the embraced in the the Code.
accused was convicted previously of same title of the
homicide and was now convicted of Code.
the crime of rape. Both are under
Title Eight of Book Two of the RPC, As to frequency.
Crimes against Persons. [RA 8353
Not always an Always to be taken
also known as Anti-Rape Law of
aggravating into consideration in
1997 reclassified rape as a crime
circumstance. fixing the penalty to
against persons].
be imposed upon
the accused.
F. 2. HABITUALITY (REITERACION)
Basis: The greater perversity of the F. 3. QUASI-RECIDIVISM
offender, as shown by his resistance to
rehabilitation Art. 160, RPC. Commission of another
crime during service of penalty imposed for
Requisites: another offense; Penalty. — Besides the
1. Accused is on trial for an offense provisions of Rule 5 of Article 62, any
person who shall commit a felony after
2. He previously served sentence having been convicted by final judgment,
a. for another offense to which before beginning to serve such sentence, or
the law attaches an equal or while serving the same, shall be punished
greater penalty, OR by the maximum period of the penalty
prescribed by law for the new felony.
b. for two or more crimes to
which it attaches lighter
penalty than that for the Elements:
new offense
1. That the offender was already
3. He is convicted of the new offense convicted by final judgment of one
If the second offense or crime is punishable offense.
under a special law, it cannot be considered 2. That he committed a new felony
under reiteracion because Articles 13, 14, before beginning to serve such
and 15 of the RPC are not applicable to sentence or while serving the same.
special law crimes.
The special aggravating circumstance of
quasi-recidivism cannot be offset by any
ordinary mitigating circumstance.

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Note: The second crime must be a felony Example: One who on several occasions
(punished by the RPC and not by special steals wheat deposited in a granary. Each
law/s) but the first crime for which the abstraction constitutes theft, but instead of
offender is serving sentence need not be a imposing on the culprit different penalties
felony. (REYES) for each theft committed, he is punished for
only one “hurto continuado” for the total
sum or value abstracted.
F. 4. HABITUAL DELINQUENCY
Requisites:
Continuing offense - A continuous,
1. Offender had been convicted of any unlawful act or series of acts set on foot by a
of the crimes of serious or less single impulse and operated by an
serious physical injuries, robbery, unintermittent force, however long a time it
theft, estafa, or falsification may occupy.
2. After that conviction or after serving Although there is a series of acts, there is
his sentence, he again committed, only one crime committed. Hence, only one
and, within 10 years from his release penalty shall be imposed.
or first conviction, he was again
convicted of any of the said crimes
for the second time Requisites:
3. After his conviction of, or after 1. Multiplicity of acts.
serving sentence for, the second
2. Unity of criminal purpose of intent.
offense, he again committed, and,
within 10 years from his last release 3. Unity of criminal offense violated.
or last conviction, he was again
convicted of any of said offenses,
the third time or oftener. [Art. 62, Real or material
Continued Crime
RPC] plurality
Purpose of the law in imposing There is a series of acts performed by the
additional penalty: To render more offender.
effective social defense and the reformation
Each act performed The different acts
of habitual delinquents (Reyes, quoting
constitutes a constitute only one
People v. Abuyen)
separate crime crime because all of
because each act is the acts performed
generated by a arise from one
G. CONTINUING CRIMES criminal impulse criminal resolution.

Continuing crime (continuous or

continued) - A single crime, consisting of a
series of acts but all arising from one
criminal resolution.
Cuello Calon explains the delito continuado
in this way: When the actor, there being
unity of purpose and of right violated,
commits diverse acts, each one of which,
although of a delictual character, merely
constitutes a partial execution of a single
particular delict, such delictual acts is
called delito continuado.
People v. De Leon (1926): a thief who
took from a yard of a house two game
roosters belonging to two different persons
was ruled to have committed only one crime
of theft, because there is a unity of thought
in the criminal purpose of the offender. The
accused was animated by a single criminal
impulse.
A continued crime is not a com plex
crim e.
The offender here does not perform a single

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act, but a series of acts, and one offense is
not a necessary means for continuing the
other.
Hence, the penalty is not to be imposed in
its maximum period.
• A continued crime is different from
a transitory crime (moving crime) in
criminal procedure for purposes of
determining venue.
• When a transitory crime is
committed, the criminal action may
be instituted and tried in the court
of the municipality, city or province
wherein any of the essential
ingredients thereof took place.
• While Article 48 speaks of a
complex crime where a single act
constitutes two or more grave or
less grave offenses, those cases
involving a series of actsresulting in
two or more grave and less grave
felonies, were considered by the
Supreme Court as a complex crime
when it is shown that the act is the
product of one single criminal
impulse.
• TIP: If confronted with a problem,
the Supreme Court has extended
this class of complex crime to those
cases when the offender performed
not a single act but a series of acts
as long as it is the product of a
single criminal impulse
People v. Garcia (1980):
• The accused were convicts who
were members of a certain gang
and they conspired to kill the other
gang.
• Some of the accused killed their
victims in one place within the same
penitentiary, some killed the others
in another place within the same
penitentiary.
• The Supreme Court ruled that all
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accused should be punished under
one information because they acted
in conspiracy.
• The act of one is the act of all.
• Because there were several victims
killed and some were mortally
wounded, the accused should be
held for the complex crime of
multiple homicide with multiple
frustrated homicide.
• There is a complex crime not only
when there is a single act but a
series of acts.
• It is correct that when the offender
acted in conspiracy, this crime is
considered as one and prosecuted
under one information.
• Although in this case, the offenders
did not only kill one person but
killed different persons, the
Supreme Court considered this as
complex.
• Whenever the Supreme Court
concludes that the criminals should
be punished only once, because
they acted in conspiracy or under
the same criminal impulse:
o it is necessary to embody
these crimes under one
single information.
o It is necessary to consider
them as complex crimes
even if the essence of the
crime does not fit the
definition of Art 48, because
there is no other provision in
the RPC.
UP LAW BOC
Applying the concept of the “continued
crime”, the following cases have been
treated as constituting one crime only:
1. People v. Tumlos, (1939): The theft of
13 cows belonging to two different
persons committed by the accused
at the same place and period of
time;
2. People v. Jaranilla, (1974): The theft
of six roosters belonging to two
different owners from the same
coop and at the same period of
time;
3. People v. Sabbun, (1964): The illegal
charging of fees for service rendered
by a lawyer every time he collected
veteran’s benefits on behalf of a
client who agreed that attorney’s
fees shall be paid out of such
benefits. The collections of legal
fees were impelled by the same
motive, that of collecting fees for
services rendered, and all acts of
collection were made under the
same criminal impulse.
The Supreme Court declined to apply the
concept in the following cases:
1. People v. Dichupa, (1961): Two estafa
cases, one which was committed
during the period from January 19 to
December, 1955 and the other from
January 1956 to July 1956. Said acts
were committed on two different
occasions;
2. People v. CIV: Several malversations
committed in May, June and July
1936 and falsifications to conceal
said offenses committed in August
and October, 1936. The
malversations and falsifications
were not the result of one resolution
to embezzle and falsify;
CRIMINAL LAW 1 CRIMINAL LAW
In the THEFT cases:
The trend is to follow the single larceny
doctrine:
1. taking of several things,
2. whether belonging to the same or
different owners,
3. at the same time and place,
constitutes one larceny only.
Abandoned is the doctrine that the
government has the discretion to prosecute
the accused for one offense or for as many
distinct offenses as there are victims.
Note: The concept of delito continuado has
been applied to crimes under special laws
since in Art. 10, the RPC shall be
supplementary to special laws, unless the
latter provides the contrary.
H. COMPLEX CRIMES AND
SPECIAL COMPLEX CRIMES
Plurality of Crimes (Concursu de
delitos)
1. Consists of the successive execution
2. by the same individual
3. of different criminal acts
4. for any of which no conviction has
yet been declared.
Philosophy behind plural crimes
• Through the concept of plural
crimes, several crimes are treated
as one. The purpose of this is to
allow leniency towards the offender,
who, instead of being made to
suffer distinct penalties for every
resulting crime, is made to suffer
one penalty only, although it is the
penalty for the most serious one
and is imposed in its maximum
period.
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Note: If by complexing the crime, the H. 1. COMPLEX CRIMES

penalty would turn out to be higher, do not
Art. 48. Penalty for complex crimes.
complex anymore.
When a single act constitutes two or more
grave or less grave felonies, or when an
PLURALITY OF offense is a necessary means for
RECIDIVISM
CRIMES committing the other, the penalty for the
most serious crime shall be imposed, the
There is no There must be
same to be applied in its maximum period
conviction for any conviction by final
of the crimes judgment of the first
committed. or prior offense.
Art. 48 requires the commission of at least 2
crimes. But:
• A Complex crime is not just a matter of 1. the two or more GRAVE or LESS
penalty, but of substance under the Revised GRAVE felonies must be the result
Penal Code. of a single act, or
2. one offense must be a necessary
Kinds of Plurality of Crimes means for committing the other.
1. Real or Material Plurality
a. There are different crimes in law Nature of complex crimes
as well as in the conscience of • Although two or more crimes are actually
the offender. committed, they constitute only one
b. In such cases, the offender shall crime in the eyes of the law, and in the
be punished for each and every conscience of the offender.
offense that he committed. • Even in the case where an offense is a
2. Formal or Ideal Plurality necessary means for committing the
other, the evil intent of the offender is
a. There is but one criminal
only one. Hence, there is only one
liability in this kind of plurality. penalty imposed for the commission of
b. Divided into 3 groups: a complex crime.
i. Complex Crimes -
When the offender Two kinds of com plex crim es
commits either of the
complex crimes defined 1. Compound Crime (Delito
in Art. 48 of the Code. Compuesto)
ii. Special Com plex A single act results in two or more grave or
Crimes - When the law less grave felonies.
specifically fixes a single Requisites:
penalty for 2 or more
offenses committed. 1. That only a single act is performed
by the offender
iii. Continuing and
Continued Crimes - 2. That the single acts produces:
A single crime a. 2 or more grave felonies, or
consisting of a series of
acts but all arising from b. 1 or more grave and 1 or
one criminal resolution. more less grave felonies, or
c. 2 or more less grave felonies

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Single Act Several Acts
Submachine gun –
Throwing a
because of the number of
hand grenade
bullets released
A single bullet
Firing of the revolver
killing two
twice in succession
person
Light felonies produced by the same act
should be treated and punished as separate
offenses or may be absorbed by the grave
felony.
Illustration:
When the crime is committed by force or
violence, slight physical injuries are
absorbed.
Reason: the slight physical injuries are the
necessary consequence of the force or
violence inherent in the crime.
So that when an offender performed more
than one act, although similar, if they result
in separate crimes, there is no complex
crime at all, and instead, the offender shall
be prosecuted for as many crimes as are
committed under separate information.
Article 48 DOES NOT apply to acts
penalized under Article 365 of the Revised
Penal Code. Article 48 is a procedural
device allowing single prosecution of
multiple felonies falling under either of two
categories: (1) when a single act constitutes
two or more grave or less grave felonies
(thus excluding from its operation light
felonies); and (2) when an offense is a
necessary means for committing the other.
The legislature crafted this procedural tool
to benefit the accused who, in lieu of
serving multiple penalties, will only serve
the maximum of the penalty for the most
serious crime.
In contrast, Article 365 is a substantive rule
penalizing not an act defined as a felony but
"the mental attitude behind the act, the
dangerous recklessness, lack of care or
foresight, a single mental attitude
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regardless of the resulting consequences.
Thus, Article 365 was crafted as one quasi-
crime resulting in one or more
consequences. (Ivler v. Modesto-San Pedro
[2010])
Article 48 applies in cases of Aberratio ictus
or mistake in blow; when offender intending
to do an injury to one person actually inflicts
it on another. See discussion on Aberratio
ictus. Example: A, having discharged his
firearm at B but because of lack of precision,
hit and seriously wounded C, would be
guilty of frustrated homicide with
attempted homicide.
On the other hand, Article 48 does not
apply in cases of Error in personae or
mistake in the identity of the victim. In these
cases, Article 49 would apply.
Example of a com pound crim e:
The victim was killed while discharging his
duty as barangay captain to protect life and
property and enforce law and order in his
barrio.
The crime is a complex crime of homicide
with assault upon a person in authority.
When in obedience to an order several
accused simultaneously shot many persons,
without evidence how many each killed,
there is only a single offense, there being a
single criminal impulse.
2. Complex Crime Proper (Delito
Com plejo)
• An offense is a necessary means for
committing the other.
• In complex crime, when the
offender executes various acts, he
must have a single purpose.
• But: When there are several acts
performed, the assumption is that
each act is impelled by a distinct
criminal impulse, hence each will
have a separate penalty.
UP LAW BOC
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 the offenses must
be punished under the same statute.
Note: The phrase “necessary means” does
not mean “indispensable means”
1. No complex crime proper:
2. Subsequent acts of intercourse, after
forcible abduction with rape, are
separate acts of rape.
3. Not complex crime when trespass to
dwelling is a direct means to commit a
grave offense.
4. No complex crime, when one offense is
committed to conceal the other.
5. When the offender already had in his
possession the funds which he
misappropriated, the subsequent
falsification of a public or official
document involving said offense is a
separate offense.
6. No complex crime where one of the
offenses is penalized by a special law.
7. There is no complex crime of rebellion
with murder, arson, robbery, or other
common crimes (People v. Hernandez;
Enrile v. Salazar).
8. In case of continuous crimes.
9. When the other crime is an
indispensable element of the other
offense.
General rules in complexing crim es:
1. When two crimes produced by a single
act are respectively within the exclusive
jurisdiction of two courts of different
jurisdiction, the court of higher
jurisdiction shall try the complex crime.
2. The penalty for complex crime is the
penalty for the most serious crime, the
CRIMINAL LAW 1 CRIMINAL LAW
same to be applied in its maximum
period.
3. When two felonies constituting a
complex crime are punishable by
imprisonment and fine, respectively,
only the penalty of imprisonment
should be imposed.
4. Art. 48 applies only to cases where the
Code does not provide a definite specific
penalty for a complex crime.
5. One information should be filed when a
complex crime is committed.
6. When a complex crime is charged and
one offense is not proven, the accused
can be convicted of the other.
Rules in Article 48 are NOT
applicable:
1. When the crimes subject of the case
have common elements;
2. When the crimes involved are subject to
the rule of absorption of one crime by
the other;
3. Where the two offenses resulting from a
single act are specifically punished as a
single crime, such as less serious
physical injuries with serious slander of
deed, since this is punished under
Article 265 par. 2, as the single crime of
less serious physical injuries with
ignominy;
4. In special complex crimes or composite
crimes;
H. 2. SPECIAL COMPLEX/COMPOSITE
CRIMES
The substance is made up of more than one
crime but which in the eyes of the law is
only:
1. a single indivisible offense.
2. all those acts done in pursuance of
the crime agreed upon are acts
which constitute a single crime.
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Special Com plex Crim es

1. Robbery with Homicide (Art. 294 (1))
2. Robbery with Rape (Art. 294 (2))
3. Robbery with Arson
4. Kidnapping with serious physical
injuries (Art. 267 (3))
5. Kidnapping with rape
6. Rape with Homicide (Art. 335)
7. Arson with homicide

W hen crimes involved cannot be

legally com plexed:
1. Malicious obtention or abusive
service of search warrant (Art. 129)
with perjury;
2. Bribery (Art. 210) with infidelity in
the custody of prisoners;
3. Maltreatment of prisoners (Art. 235)
with serious physical injuries;
4. Usurpation of real rights (Art. 312)
with serious physical injuries; and
5. Abandonment of persons in danger
(Art. 275) and crimes against
minors (Art. 276 to 278) with any
other felony.

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III. Circumstances Affecting Criminal Liability

JUSTIFYING EXEMPTING MITIGATING AGGRAVATING ALTERNATIVE
THERE IS A THERE IS A THERE IS A THERE IS A
NO WRONG
WRONG FELONY FELONY FELONY
No criminal No criminal Decreased Increased criminal Increased or
liability liability criminal liability liability decreased liability
No civil liability With civil liability
Except: Except:
With civil liability With civil liability With civil liability
Avoidance of a accident;
greater evil insuperable cause

Imputability – is the quality by which an Justifying Circumstances – those

act may be ascribed to a person as its where the act of a person is not wrong, so
author or owner. It implies that the act that such person is deemed not to have
committed has been freely and consciously transgressed the law and is free from
done and may, therefore, be put down to criminal liability. There is no civil liability
the doer as his very own EXCEPT in par. 4, Art. 11 (avoidance of
greater evil), where the civil liability is borne
Responsibility – is the obligation of
by the persons benefited by the act in
suffering the consequences of crime. It is
proportion to the benefit they may have
the obligation of taking the penal and civil
received (Art. 101).
consequences of the crime.
Basis: Lack of dolo
Imputability distinguished from
responsibility – while imputability The burden of proof rests on the accused,
implies that a deed may be imputed to a who must prove the circumstance by clear
person, responsibility implies that the and convincing evidence.
person must take the consequences of such
There is NO crime committed, the act being
a deed.
justified. Thus, such persons cannot be
Guilt – is an element of responsibility, for a considered criminals.
man cannot be made to answer for the
consequences of a crime unless he is guilty.
[Reyes, The RPC] Par. 1. Self Defense
Includes not only the defense of the person
or body of the one assaulted but also that of
A. JUSTIFYING CIRCUMSTANCES his rights, the enjoyment of which is
SIX Justifying Circumstances: protected by law. It includes:
1. Self defense a. The defense of honor. Hence, a
slap on the face is considered as
2. Defense of relatives unlawful aggression since the face
3. Defense of strangers represents a person and his dignity.
[Rugas vs. People]
4. Avoidance of a greater evil
b. The defense of property rights
5. Fulfillment of duty can be invoked if there is an attack
6. Obedience to an order issued for upon the property although it is not
some lawful purpose. coupled with an attack upon the

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person of the owner of the premises.
All the elements for justification
must however be present. [People v.
Narvaez]
Subjects of Self-Defense:
a. Defense of Person
b. Defense of Rights
c. Defense of Property
d. Defense of Honor
Self-defense is lawful because:
a. Impulse of self-preservation;
b. State cannot provide protection for
each of its constituents.
Elements:
a. Unlawful aggression
b. Reasonable necessity of means
employed to prevent or repel it.
c. Lack of sufficient provocation on the
part of the person defending
himself.
Note:
• If there is unlawful aggression but one
of the other requisites is lacking, it is
considered an incomplete self-defense,
which is a mitigating circumstance.
• The first two elements also apply to
defense of relative and defense of
stranger.
Unlawful aggression
• Equivalent to an actual physical assault;
OR threatened assault of an immediate
and imminent kind which is offensive
and positively strong, showing the
wrongful intent to cause harm.
• The aggression must constitute a
violation of the law. When the
aggression ceased to exist, there is no
longer a necessity to defend one’s self.
[People v. Alconga] EXCEPT: when the
aggressor retreats to obtain a more
advantageous position to ensure the
CRIMINAL LAW 1 CRIMINAL LAW
success of the initial attack, unlawful
aggression is deemed to continue.
• Must come from the person attacked by
the accused.
• Unlawful aggression must also be a
continuing circumstance or must have
been existing at the time the defense is
made. Once the unlawful aggression is
found to have ceased, the one making
the defense of a stranger would likewise
cease to have any justification for killing,
or even just wounding, the former
aggressor. [People vs. Dijan (2002)]
• Not merely oral threats or threatening
stance or posture; Mere belief of an
impending attack is not sufficient. BUT
in relation to “mistake of fact,” the
belief of the accused may be considered
in determining the existence of unlawful
aggression
• When intent to attack is manifest,
picking up a weapon is sufficient
unlawful aggression
Lawful aggression: In fulfilment of a
duty or in the exercise of a right.
Note: No unlawful aggression when there
was an agreement to fight and the
challenge to fight was accepted. BUT
aggression which is ahead of an agreed
time or place is unlawful aggression.
Stand ground when in the right – the
law does not require a person to retreat
where he has a right to be and his assailant
is rapidly advancing upon him with a deadly
weapon. [United States v. Domen (1917)]
Reasonable necessity of m eans
employed to prevent or repel it
Involves two elements: necessity for the
course of action, and necessity of the means
employed, which should be reasonable
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TEST OF REASONABLENESS
The means employed depends upon:
a. nature and quality of the weapon
used by the aggressor
b. aggressor’s physical condition,
character, size, and other
circumstances
c. and those of the person defending
himself
d. the place and occasion of the
assault.
• This element should be interpreted
liberally in favour of the law-abiding
citizen.
• Perfect equality between the
weapons used by the one defending
himself and that of the aggressor is
not required, neither is the material
commensurability between the
means of attack and defense.
Rational equivalence is enough.
Reason: Because the person
assaulted does not have sufficient
tranquility of mind to think and to
calculate.
Lack of sufficient provocation on
part of defender
• In case there was a provocation on
the part of the person attacked, the
attack should not immediately
precede the provocation for defense
to be valid.
• Never confuse unlawful aggression
with provocation.
• Mere provocation is not enough. It
must be real and imminent.
Unlawful aggression is an
indispensable requisite.
Retreat of aggressor – aggression ceases,
except when retreat is made to take a more
advantageous position to insure the success
of the attack, unlawful aggression
continues.
CRIMINAL LAW 1 CRIMINAL LAW
People v. Alconga, et al. (1947):
Barion went to the guardhouse where
accused Alconga was doing his duties as
“home guard.” While the accused was
seated, the deceased swung at him with his
pingahan (piece of bamboo). The accused
was able to avoid the blow however, by
falling to the ground under the bench, with
the intention of crawling out of the
guardhouse. The accused was able to go
out of the guardhouse by crawling, and
when the deceased was delivering the third
blow, the accused (still in his crawling
position), fired at the deceased with his
revolver. The deceased got up and drew his
dagger this time, while the accused used his
bolo and hand-to-hand fight commenced.
The deceased obtained several wounds and
ran away, only to be followed by the accused,
and another fight happened. The deceased
sustained more injuries including the mortal
bolo blow, and he fell to the ground.
Held: In the initial stage of the fight, the
accused was acting in self-defense.
However, when he chose to run after the
deceased, he was no longer acting in self-
defense for there was no more aggression
to defend against and he could have chosen
to stay where he was. The unlawful
aggression had already ceased and
therefore, his right to self-defense had
ceased as well.
a. Defense of Honor:
People v. Dela Cruz (1935):Accused
Dela Cruz was found guilty of homicide for
stabbing and killing Rivera. Dela Cruz
claimed that on her way home one evening,
Rivera followed her, embraced and kissed
her and touched her private parts. She
didn’t know that it was Rivera and that she
was unable to resist the strength of Rivera
so she got a knife from her pocket and
stabbed him in defense of her honor.
Held: She is justified in using the
pocketknife in repelling what she believed
to be an attack upon her honor. It was a
dark night and she could not have identified
Rivera. There being no other means of self-
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defense.
People v. Jaurigue (1946):Amado
(deceased) has been courting the accused
Avelina in vain. On the day of the crime,
Avelina and Amado were in Church. Amado
sat beside Avelina and placed his hand on
her thigh. Thereafter, Avelina took out her
knife and stabbed Amado in the neck,
causing the death of Amado.
Held: Although the defense of one’s honor
exempts one from criminal liability, it must
be proved that there is actual danger of
being raped. In this case, 1) the church was
well-lit, 2) there were several people in the
church, including the father of the accused
and other town officials. In light of these
circumstances, accused could not have
possibly been raped. The means employed
in defense of her honor was evidently
excessive.
b. Defense of Property:
People vs. Apolinar: This can only be
invoked as justifying circumstance if life
and limb of the person making the defense
is also the subject of unlawful aggression.
Life cannot be equal to property.
People v. Narvaez (1983):Narvaez was
taking his rest inside his house when he
heard that the wall of his house was being
chiseled. He saw that Fleischer and Rubia,
were fencing the land of the father of the
deceased Fleischer. He asked the group to
stop but they refused. The accused got mad
so he got his shotgun and shot Fleischer.
Rubia ran towards the jeep and knowing
there is a gun on the jeep, the accused fired
at Rubia as well. Narvaez claimed he acted
in defense of his person and rights.
Held: There was aggression by the
deceased not on the person of the accused
but on his property rights when Fleischer
angrily ordered the continuance of the
fencing. The third element of self-defense is
CRIMINAL LAW 1 CRIMINAL LAW
also present because there was no sufficient
provocation on the part of Narvaez since he
was sleeping when the deceased where
fencing.
However, the second element was lacking.
Shooting the victims from the window of his
house is disproportionate to the physical
aggression by the victims. Thus, there is
incomplete self-defense.Accused is entitled
to mitigating circumstance of incomplete
self-defense, because one can defend
oneself, but cannot immediately kill.
c. Defense of Reputation:
People v. Chua Hiong (1954):
Cesario Gocheco, a nephew of the accused
wrote an article entitled “Doubtful
Citizenship” assailing and questioning
defendant’s citizenship. In response to this
defendant wrote a column saying that
Gocheco only wants “personal revenge” and
that this is “the moving passion in this
drama of intrigues and persecution to which
I and my family have been subjected.” He
further claims that Solipco, who wrote him
a threatening letter and gave him a rope
which implies that he should just hang
himself, is also the same Gocheco. Prior to
this series of events it is known upon the
Court that Gocheco and defendant had
faced each other in a civil case in which
Gocheco lost 2/3 of important inheritance
to Chua Hiong. The defendant was then
charged with libel.
Held: Defendant is acquitted from charges
of libel by the justification of his action
through defense of reputation. If one’s
reputation had been attacked by another he
is justified to hit back with another libel but
only if such libel is adequate to the first
attack.
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Par. 2. Defense of Relatives
Elements:
1. Unlawful aggression
a. Unlawful aggression may
not exist as a matter of fact;
it can be made to depend
upon the honest belief of
the one making the defense.
b. Reason: The law
acknowledges the
possibility that a relative, by
virtue of blood, will
instinctively come to the aid
of their relatives.
2. Reasonable necessity of means
employed to prevent or repel it
3. Lack of sufficient provocation on
part of relative, or, in case of
provocation, the one making the
defense had no part therein
a. Although the provocation
prejudices the person who
gave it, its effects do not
reach the defender who
took no part therein,
because the latter was
prompted by some noble or
generous sentiment in
protecting and saving a
relative
Basis: It is found not only upon a
humanitarian sentiment, but also upon the
impulse of blood which impels men to rush,
on the occasion of great perils, to the rescue
of those close to them by ties of blood.
Relatives entitled to defense:
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted
Brothers/Sisters
5. Relatives by Affinity in the same degree
6. Relatives by Consanguinity w/in the 4th
civil degree
CRIMINAL LAW 1 CRIMINAL LAW
There is no distinction in the Revised Penal
Code whether the descendant should be
legitimate or illegitimate; when the law
does not extinguish, the courts cannot
distinguish.
Par. 3. Defense of Strangers
Elements:
1. Unlawful aggression;
2. Reasonable necessity of the means
employed to prevent or repel it;
3. The person defending was not
induced by revenge, resentment or
US v . Es media (1910 ): The two accused are
exempt from criminal responsibility for having
caused the death of Santiago Abando,
inasmuch as it has been shown that they
inflicted wounds upon him in defense of their
father who was fatally wounded at the time.
They honestly believed, and had good
grounds upon which to found their belief, that
Santiago would continue his attack upon their
father. They are, however, guilty of having
caused the death of the old man, Ciriaco
Abando [the father of Santiago]. When they
attacked and killed him the other trouble had
terminated and they were not in danger of
bodily harm from him. Ciriaco was merely
near the scene.
other evil motive.
Note: Motive is relevant only in this kind of
defense.
Stranger – any person not included in the
enumeration of relatives under [par. 2 of Art.
11]
If the person being defended is a second
cousin, it will be defense of stranger.
Basis: What one may do in his defense,
another may do for him. The ordinary man
would not stand idly by and see his
companion killed without attempting to
save his life.
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Par. 4. Avoidance of a Greater Evil
Elements:
1. Evil sought to be avoided actually exists
2. The evil or injury sought to be avoided
must not have been produced by the
one invoking the justifying
circumstances.
3. Injury feared be greater than that done
to avoid it
4. There is no other practical & less
harmful means of preventing it.
General rule: No civil liability in justifying
circumstances because there is no crime.
Exception: There is CIVIL LIABILITY under
this paragraph. Persons benefited shall be
liable in proportion to the benefit which
they have received.
Ty v. People (2004):Ty's mother and
sister were confined at the Manila Doctors'
Hospital. Ty signed the "Acknowledgment
of Responsibility for Payment" in the
Contract of Admission. The total hospital
bills of the two patients amounted to
P1,075,592.95. Ty executed a promissory
note wherein she assumed payment of the
obligation in installments. To assure
payment of the obligation, she drew 7
postdated checks against Metrobank
payable to the hospital which were all
dishonored by the drawee bank due to
insufficiency of funds. As defense, Ty
claimed that she issued the checks because
of “an uncontrollable fear of a greater
injury.” She averred that she was forced to
issue the checks to obtain release for her
mother who was being inhumanely treated
by the hospital. She alleged that her mother
has contemplated suicide if she would not
be discharged from the hospital. Ty was
found guilty by the lower courts of 7 counts
of violation of BP22.
Held: The court sustained the findings of
the lower courts. The evil sought to be
avoided is merely expected or anticipated.
So the defense of “an uncontrollable fear of
a greater injury” is not applicable. Ty could
have taken advantage of an available
CRIMINAL LAW 1 CRIMINAL LAW
option to avoid committing a crime. By her
own admission, she had the choice to give
jewelry or other forms of security instead of
postdated checks to secure her obligation.
Moreover, for the defense of state of
necessity to be availing, the greater injury
feared should not have been brought about
by the negligence or imprudence, more so,
the willful inaction of the actor. In this case,
the issuance of the bounced checks was
brought about by Ty's own failure to pay her
mother's hospital bills.
Par. 5. Fulfillment of Duty or Lawful
Exercise of Right or Office
Elements:
1. Offender acted in performance of 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.
If the first condition is present, but the
second is not because the offender acted
with culpa, the offender will be entitled to a
privileged mitigating circumstance. The
penalty would be reduced by one or two
degrees.
People v. Ulep (2000):Accused-
appellant and the other police officers
involved originally set out to restore peace
and order at Mundog Subdivision where the
victim was then running amuck. The victim
threatened the safety of the police officers
despite accused-appellant's previous
warning shot and verbal admonition to the
victim to lay down his weapon.
Held: As a police officer, it is to be
expected that accused-appellant would
stand his ground. Up to that point, his
decision to respond with a barrage of
gunfire to halt the victim's further advance
was justified under the circumstances. A
police officer is not required to afford the
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victim the opportunity to fight back. Neither
is he expected – when hard pressed and in
the heat of such an encounter at close
quarters – to pause for a long moment and
reflect coolly at his peril, or to wait after
each blow to determine the effects thereof.
But he cannot be exonerated from
overdoing his duty when he fatally shot the
victim in the head, even after the latter
slumped to the ground due to multiple
gunshot wounds sustained while charging
at the police officers. Sound discretion and
restraint dictated that a veteran policeman
should have ceased firing at the victim the
moment he saw the latter fall to the
ground. The victim at that point no longer
posed a threat. Shooting him in the head
was obviously unnecessary.
The law does not clothe police officers with
authority to arbitrarily judge the necessity to
kill- it must be stressed that their judgment
and discretion as police officers in the
performance of their duties must be
exercised neither capriciously nor
oppressively, but within reasonable limits.
Mam agun v. People (2007):A
policeman in pursuit of a snatcher
accidentally shot one of the bystanders who
were actually helping him chase the
snatcher.
Held: To be sure, acts in the fulfillment of a
duty, without more, do not completely
justify the petitioner’s firing the fatal
gunshot at the victim. True, petitioner, as
one of the policemen responding to a
reported robbery then in progress, was
performing his duty as a police officer as
well as when he was trying to effect the
arrest of the suspected robber and in the
process, fatally shoot said suspect, albeit
the wrong man. However, in the absence of
the equally necessary justifying
circumstance that the injury or offense
committed be the necessary consequence if
the due performance of such duty, there can
only be incomplete justification, a privilege
mitigating circumstance under Art. 13 and
69 of the RPC. There can be no quibbling
that there was no rational necessity for the
PAGE 48 OF 342
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killing of Contreras. Petitioner could have
first fired a warning shot before pulling the
trigger against Contreras who was one of
the residents chasing the suspected robber.
People v. Delim a (1922):Napilon
escaped from the jail where he was serving
sentence. Some days afterwards the
policeman, Delima, who was looking for
him found him in the house of Alegria,
armed with a pointed piece of bamboo in
the shape of a lance. Delima demanded the
surrender of the weapon but Napilon
refused. Delima fired his revolver to impose
his authority but the bullet did not hit him.
The criminal ran away and Delima went
after him and fired again his revolver, this
time hitting and killing him.
Held: The killing was done in the
performance of a duty. The deceased was
under the obligation to surrender and had
no right, after evading service of his
sentence, to commit assault and
disobedience with a weapon in his hand,
which compelled the policeman to resort to
such extreme means, which, although it
proved to be fatal, was justified by the
circumstance.
Doctrine of “SELF-HELP”
Article 429 of the Civil Code is applicable
under this paragraph. The article states,
“The owner or lawful possessor of a thing
has the right to exclude any person from the
enjoyment and disposal thereof.” For this
purpose, he may use such force as may be
reasonably necessary to repel or prevent an
actual or threatened unlawful physical
invasion or usurpation of his property.
The actual invasion of property may consist
of a mere disturbance of possession or of a
real dispossession. If it is a mere
disturbance of possession, force may be
used against it at any time as long as it
continues, even beyond the prescriptive
period of forcible entry. If the invasion
consists of a real dispossession, force to
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

regain possession can be used only JUSTIFYING VS. EXEM PTING

immediately after the dispossession. CIRCUMSTANCE
JUSTIFYING EXEMPTING
Par. 6. Obedience to an order issued It affects the act, not It affects the actor,
for som e lawful purpose the actor. not the act.
Elements: The act is
1. Order must have been issued by a considered to have
The act complained
superior been done within
of is actually
the bounds of law;
2. The order is for some lawful purpose wrongful, but the
hence, legitimate
actor is not liable.
3. The means used to carry it out must be and lawful in the
lawful eyes of the law.

4. A subordinate is not liable for carrying Since the act

out an illegal order of his superior if he complained of is
is not aware of the illegality of the order actually wrong,
and he is not negligent. Since the act is there is a crime but
considered lawful, since the actor acted
there is no liability. without
People v. Oanis (1943): Although an voluntariness or
officer in making a lawful arrest is justified negligence, there is
in using such force as is reasonably no dolo or culpa.
necessary to secure and detain the offender, There is a crime, but
overcome his resistance, prevent his escape, there is no criminal
recapture him if he escapes, and protect There is no criminal liability. Civil liability
himself from bodily harm, yet he is never or civil liability. exists (EXCEPT:
justified in using unnecessary force or in accident;
treating him with wanton violence or in insuperable cause).
resorting to dangerous means when the
arrest could be effected otherwise.
People v. Beronilla (1955): ANTI-VIOLENCE AGAINST W OMEN
AND THEIR CHILDREN ACT OF 2004
Held: Where the accused acted upon (RA 9262)
orders of superior officers that they, as
military subordinates, could not question, Battery – any act of inflicting physical
and obeyed in good faith, without being harm upon the woman or her child resulting
aware of their illegality, without any fault or in physical and psychological or emotional
negligence on their part, the act is not distress.
accompanied by criminal intent. A crime is Battered W om an – Woman “who is
not committed if the mind of the person repeatedly subjected to any forceful
performing the act be innocent. physical or psychological behavior by a man
in order to coerce her to do something he
wants her to do without concern for her
rights.”
Battered W om an Syndrom e –refers to
a scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative
abuse.

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Battered W om an Syndrom e as a
Defense. – Victim-survivors who are found
by the courts to be suffering from battered
woman syndrome do not incur any criminal
and civil liability notwithstanding the
absence of any of the elements for justifying
circumstances of self-defense under the
Revised Penal Code.
• In the determination of the state of
mind of the woman who was
suffering from battered woman
syndrome at the time of the
commission of the crime, the courts
shall be assisted by expert
psychiatrists/ psychologists
[SECTION 26, RA 9262]
The battered woman syndrome is
characterized by a “CYCLE OF VIOLENCE”,
which is made up of three phases [People v.
Genosa].
First Phase: Tension Building Phase
• Where minor battering occurs, it
could be a verbal or slight physical
abuse or another form of hostile
behavior.
• The woman tries to pacify the
batterer through a show of kind,
nurturing behavior, or by simply
staying out of the way.
• But this proves to be unsuccessful
as it only gives the batterer the
notion that he has the right to
abuse her.
Second Phase: Acute Battering
Incident
• Characterized by brutality,
destructiveness, and sometimes
death.
• The battered woman has no control;
only the batterer can stop the
violence.
• The battered woman realizes that
she cannot reason with him and
resistance would only worsen her
condition.
CRIMINAL LAW 1 CRIMINAL LAW
Third Phase: Tranquil Period
• Characterized by guilt on the part of
the batterer and forgiveness on the
part of the woman.
• The batterer may show a tender and
nurturing behavior towards his
partner and the woman also tries to
convince herself that the battery will
never happen again and that her
partner will change for the better.
Four Characteristics of the
Syndrom e:
• The woman believes that the
violence was her fault;
• She has an inability to place the
responsibility for the violence
elsewhere;
• She fears for her life and/or her
children’s life
• She has an irrational belief that the
abuser is omnipresent and
omniscient.
Note: For the BWS to be available as a
defense, it must be proven that there has
been more than one cycle. [People v. Genosa
(2004)]
B. EXEMPTING CIRCUMSTANCES
Exempting Circumstances:
1. Imbecility/Insanity
2. Minority
3. Accident
4. Compulsion of irresistible force
5. Impulse of uncontrollable fear
6. Insuperable or lawful cause
Exempting circumstances – those
grounds for exemption from punishment
because there is wanting in the agent of the
crime any of the conditions which make the
act voluntary or negligent.
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The reason for the exemption lies on the
complete absence of intelligence, freedom
of action, or intent, or on the absence of
negligence on the part of the accused.
Par. 1. Insanity or Imbecility
Imbecile - One who, while advanced in
age, has a mental development comparable
to that of a child between 2 and 7 years of
age. Exempt in all cases from criminal
liability
Insane - There is a complete deprivation
of intelligence in committing the act but
capable of having lucid intervals. Mere
abnormality of mental faculties is not
enough especially if the offender has not
lost consciousness of his acts.
During a lucid interval, the insane acts with
intelligence and thus, is not exempt from
criminal liability.
Insanity is a defense in the nature of
confession and avoidance and must be
proved beyond reasonable doubt.
Evidence of insanity must refer to:
1. the time preceding the act under
prosecution or
2. at the very moment of its execution.
Insanity subsequent to commission of crime
is not exempting
Feeblemindedness is not imbecility. It is
necessary that there is a complete
deprivation of intelligence in committing
the act, that is, the accused be deprived of
reason, that there is no responsibility for his
own acts; that he acts without the least
discernment; that there be complete
absence of the power to discern, or that
there be a complete deprivation of the
freedom of the will. [People vs. Formigones,
1950]
CRIMINAL LAW 1 CRIMINAL LAW
Cases covered under this article:
1. Dementia praecox [People v. Bonoan,
1937]
Note: Cited in OLD cases, but is a term
no longer used by mental health
practitioners
2. Somnambulism: sleep-walking[People
vs. Taneo, 1933]
3. Malignant malaria: which affects the
nervous system [People v. Lacena]
People vs. Dungo, 1991:The insanity that
is exempting is limited only to mental
aberration or disease of the mind and must
completely impair the intelligence of the
accused.
Two tests of insanity:
1. The test of COGNITION, or whether
the accused acted with complete
deprivation of intelligence in
committing the said crime;
2. The test of VOLITION, or whether
the accused acted in total
deprivation of freedom of will.
[People vs. Rafanan, 1991]
Both cognition and volition tests are applied.
There must be complete deprivation of the
intellect or will or freedom.
Presumption is always in favor of sanity; the
defense must prove that the accused was
insane at the time of the commission of the
crime.
Juridical Effects of Insanity
1. If present at the time of the
commission of the crime – EXEMPT
from liability.
2. If present during trial – proceedings
will be SUSPENDED and accused is
committed to a hospital.
3. After judgment or while serving
sentence – Execution of judgment is
SUSPENDED, the accused is
committed to a hospital. The period
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of confinement in the hospital is to the appropriate proceedings in

counted for the purpose of the accordance with this Act.
prescription of the penalty.
The exemption from criminal liability herein
Basis: Complete absence of intelligence established does not include exemption
from civil liability, which shall be enforced in
accordance with existing laws.
Par. 2. & 3. Minority
(SupersededbyRA 9344)
Juvenile Justice and W elfare Act of c. Determ ination of Age [Sec. 7, RA
2006 (R.A. 9344); also refer to Child 9344]
and Youth W elfare Code (P.D. 603, Presumption: Minority of child in conflict
as am ended) with the law. S/he shall enjoy all the rights
W hat is the Juvenile Justice and of a child in conflict with the law until s/he
W elfare System? is proven to be 18 years old or older.

"Juvenile Justice and Welfare System" refers The age of a child may be determined from:
to a system dealing with children at risk and 1. The child’s birth certificate,
children in conflict with the law, which
provides child-appropriate proceedings, 2. Baptismal certificate, or
including programs and services for 3. Any other pertinent documents.
prevention, diversion, rehabilitation, re-
In the absence of these documents, age
integration and aftercare to ensure their
may be based on:
normal growth and development. [Title V:
Juvenile Justice and Welfare System of RA 1. Information from the child
9344] himself/herself,
2. Testimonies of other persons,
a. Definition of child in conflict with 3. The physical appearance of the
the law child, and
Sec. 4 (e). "Child in conflict with the 4. Other relevant evidence.
law" – a child who is alleged as, accused of,
In case of doubt as to the child’s age, it shall
or adjudged as, having committed an
be resolved in his/her favor.
offense under Philippine laws.

d. Exem ption from criminal liability

b. Minimum age of crim inal
responsibility 1. 15 yrs old or below at the tim e
of com m ission of offense:
RA 9344, Sec. 6. Minim um Age of ABSOLUTELY EXEMPT from
Crim inal Responsibility. - A child fifteen criminal liability but subject to
(15) years of age or under at the time of the intervention program
commission of the offense shall be exempt
from criminal liability. However, the child 2. Over 15 yrs old but below 18:
shall be subjected to an intervention EXEMPT from criminal liability &
program pursuant to Section 20 of this Act. subject to intervention program
A child above fifteen (15) years but below If acted w/ discernment subject to
eighteen (18) years of age shall likewise be diversion program
exempt from criminal liability and be 3. Below 18 yrs are exempt from:
subjected to an intervention program,
unless he/she has acted with discernment, a. Status offense
in which case, such child shall be subjected

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b. Vagrancy and Prostitution
c. Mendicancy (PD1563)
d. Sniffing of Rugby (PD 1619)
Discernm ent – mental capacity to
understand the difference between right
and wrong as determined by the child’s
appearance, attitude, comportment and
behavior not only before and during the
commission of the offense but also after
and during the trial. It is manifested
through:
1. Manner of committing a crime –
Thus, when the minor committed
the crime during nighttime to avoid
detection or took the loot to another
town to avoid discovery, he
manifested discernment.
2. Conduct of the offender – The
accused shot the victim with his
sling shot and shouted “Putang ina
mo”. (People v. Alcabao, 44 OG
5006)
Automatic Suspension of Sentence –
Once the child who is under eighteen (18)
years of age at the time of the commission
of the offense is found guilty of the offense
charged, the court shall determine and
ascertain any civil liability which may have
resulted from the offense committed.
However, instead of pronouncing the
judgment of conviction, the court shall
place the child in conflict with the law under
suspended sentence, without need of
application: Provided, however, That
suspension of sentence shall still be applied
even if the juvenile is already eighteen years
(18) of age or more at the time of the
pronouncement of his/her guilt.
Upon suspension of sentence and after
considering the various circumstances of
the child, the court shall impose the
appropriate disposition measures as
provided in the Supreme Court Rule on
Juveniles in Conflict with the Law. (Sec. 38)
Discharge of the Child in Conflict
with the Law - Upon the recommendation
of the social worker who has custody of the
child, the court shall dismiss the case
PAGE 53 OF 342
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against the child whose sentence has been
suspended and against whom disposition
measures have been issued, and shall order
the final discharge of the child if it finds that
the objective of the disposition measures
have been fulfilled.
The discharge of the child in conflict with
the law shall not affect the civil liability
resulting from the commission of the
offense, which shall be enforced in
accordance with law. (Sec. 39)
e. Treatment of child below age of
responsibility [Sec. 20, RA 9344]
If it has been determined that the child
taken into custody is fifteen (15) years old or
below, the authority which will have an
initial contact with the child has the duty to:
1. Immediately release the child to the
custody of his/her parents or
guardian, or in the absence thereof,
the child's nearest relative.
2. Shall give notice to the local social
welfare and development officer
who will determine the appropriate
programs in consultation with the
child and to the person having
custody over the child.
3. If the parents, guardians or nearest
relatives cannot be located, or if
they refuse to take custody, the
child may be released to any of the
following:
a. a duly registered
nongovernmental or
religious organization;
b. a barangay official or a
member of the Barangay
Council for the Protection of
Children (BCPC);
c. a local social welfare and
development officer; or
when and where
appropriate, the DSWD.
4. If the child referred to herein has
been found by the Local Social
Welfare and Development Office to
UP LAW BOC CRIMINAL LAW 1
be abandoned, neglected or abused
by his parents, or in the event that
the parents will not comply with the
prevention program, the proper
petition for involuntary commitment
shall be filed by the DSWD or the
Local Social Welfare and
Development Office pursuant to
Presidential Decree No. 603,
otherwise, known as "The Child and
Youth Welfare Code".
f. Status offenses under Sec. 57 of
RA 9344
Sec. 57. Status Offenses. - Any conduct
not considered an offense or not penalized
if committed by an adult shall not be
considered an offense and shall not be
punished if committed by a child.
g. Offenses not applicable to
children under Sec. 58 of RA 9344
Persons below eighteen (18) years of age
shall be exempt from prosecution for the
crime of:
1. vagrancy and prostitution under
Section 202 of the Revised Penal
Code,
2. mendicancy under Presidential
Decree No. 1563, and
3. sniffing of rugby under Presidential
Decree No. 1619,
Such prosecution being inconsistent with
the United Nations Convention on the
Rights of the Child.
Provided, that said persons shall undergo
appropriate counseling and treatment
program.
Basis: Complete absence or lack of
intelligence.
Par. 4. Accident
Accident - something that happens
outside the sway of our will and, although
coming about through some act of our will,
PAGE 54 OF 342
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lies beyond the bounds of humanly
foreseeable consequences.
Under Article 12, paragraph 4, the offender
is exempt not only from criminal but also
from civil liability.
Elem ents:
1. A person is performing a lawful act;
2. With due care;
3. He causes an injury to another by
mere accident;
4. Without fault or intention of causing
it.
Basis: Lack of negligence and intent.
Par. 5. 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.
Note: Before a force can be considered to
be an irresistible one, it must produce such
an effect on the individual that, in spite of
all resistance, it reduces him to a mere
instrument and, as such, incapable of
committing the crime.(US v. Elicanal, 1916)
To be exempt from criminal liability, a
person invoking irresistible force must show
that the force exerted was such that it
reduced him to a mere instrument who
acted not only without will but against his
will. [People v. Lising (1998)]
Basis: Complete absence of freedom.
Par. 6. Uncontrollable Fear
Elements:
1. That the threat which causes the
fear is of an evil greater than or at
least equal to, that which he is
forced to commit;
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

2. That it promises an evil of such without being aware that she had given
gravity and imminence that the birth at all. Severe dizziness and extreme
ordinary man would have debility made it physically impossible for
succumbed to it. Bandian to take home the child plus the
assertion that she didn’t know that she had
A threat of future injury is not enough. The
given birth.
compulsion must be of such a character as
to leave no opportunity to the accused for
escape or self-defense in equal combat.
C. MITIGATING CIRCUMSTANCES
Basis: Complete absence of freedom.

Mitigating Circumstances:
Irresistible Force Uncontrollable Fear
1. Incomplete Justification and Exemption
Irresistible force Uncontrollable fear
must operate may be generated by 2. Under 18 or Over 70 years of age
directly upon the a threatened act 3. No intention to commit so grave a
person of the directly to a third wrong
accused and the person such as the
injury feared may be wife of the accused, 4. Sufficient Provocation or Threat
a lesser degree than but the evil feared 5. Immediate vindication of a grave
the damage caused must be greater or at offense
by the accused. least equal to the
damage caused to 6. Passion or obfuscation
avoid it. 7. Voluntary surrender
Offender uses Offender employs 8. Voluntary plea of guilt
physical force or intimidation or
9. Plea to a lower offense
violence to compel threat in compelling
another person to another to commit a 10. Physical defect
commit a crime. crime.
11. Illness
12. Analogous Circumstances
Par. 7. Insuperable or Lawful Causes
Insuperable means insurmountable. A
Mitigating circumstances or causas
cause which has lawfully, morally or
attenuates - if present in the commission of
physically prevented a person to do what
the crime, do not entirely free the actor from
the law commands.
criminal liability, but serve only to reduce
Elements: the penalty.
1. That an act is required by law to be Basis: They are based on the diminution of
done; 1) either freedom of action, 2) intelligence or
intent or on the 3) lesser perversity of the
2. That a person fails to perform such act;
offender.
3. That his failure to perform such act was
Voluntary surrender and plea of guiltbeing
due to some lawful or insuperable cause
circumstances that occur after the
Basis: Lack of intent. commission of the offense, show the
accused’s respect for the law (voluntary
surrender) and remorse and acceptance of
People v. Bandian (1936):A woman punishment (plea of guilt). Reduction of
cannot be held liable for infanticide when penalty is to benefit the accused who saved
she left her newborn child in the bushes

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the State the trouble of utilizing limited Incomplete justifying circumstances:

resources (e.g., time and manpower, etc.)
a. Incom plete self-defense, defense
of relatives, defense of stranger
Ordinary v. Privileged mitigating UNLAW FUL AGGRESSION, as an
circum stance indispensable requisite must always be
present.
Privileged
Ordinary MC
MC Par. 1 of Art. 13 is applicable only when
As to offset May be offset 1. There is unlawful aggression
by any Cannot be 2. other 2 requisites are not present in
aggravating offset any of the cases
circumstance
Note: When two of the three requisites
As to effect If not offset mentioned are present, the case must be
by considered as a privileged mitigating
Reduces
aggravating circumstance under Art. 69 of the Code.
the
circumstance, Article 69 requires that a majority of the
penalty by
reduces the conditions required must be present.
one to two
penalty
degrees
provided by
than that
law to its min b. Incom plete justifying
provided
period circum stance of avoidance of greater
by law for
provided the evil or injury
the crime.
penalty is
divisible. Requisites:
1. That the evil sought to be avoided
actually exists;
Par. 1. Incomplete Justifying or
Exempting Circumstances 2. That the injury feared be greater
than that done to avoid it;
Not all the requisites necessary to justify the
act or to exempt from criminal liability are 3. That there be no other practical and
attendant: less harmful means of preventing it.
1. Self-defense [Art. 11, par. 1] If any of the last two requisites is lacking,
there is only a mitigating circumstance. The
2. Defense of relatives [Art. 11, par. 2] first element is indispensable.
3. Defense of strangers [Art. 11, par. 3]
4. State of necessity [Art. 11, par. 4] c. Incom plete justifying
5. Performance of duty [Art. 11, par. 5] circum stance of perform ance of duty
6. Obedience to the order of superiors Requisites:
[Art. 11, par. 6] 1. performance of a duty or in the
7. Minority over 15 years of age but lawful exercise of a right or office;
below 18 years of age [Art. 12, par. 3] and
8. Causing injury by mere accident [Art. 2. injury or offense be the necessary
12, par.4] consequence of the due
performance of duty or the lawful
9. Uncontrollable fear [Art. 12 par. 6] exercise of such right or office.

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People v. Oanis (1943): The SC Note: If only one of these requisites is

considered one of the 2 requisites as present, there is only a mitigating
constituting the majority. It seems that there circumstance.
is no ordinary mitigating circumstance under
Art. 13 par. 1 when the justifying or
exempting circumstance has 2 requisites Par. 2. Under 18 orOver 70
only. YearsofAge
Where only one of the requisites was Basis: Dim inution of Intelligence
present, Article 69 was applied. a. In lowering the penalty:
Based on age of the offender at the
Incomplete exempting tim e of the com m ission of the
circum stances: crim e not the age when sentence is
imposed
a. Incom plete exem pting
circum stance of Accident b. In suspension of the sentence:
Requisites: Based on age of the offender (under
18) at the tim e the sentence is
1. a lawful act to be prom ulgated (See Art.
2. With due care 80, RPC)
3. causes an injury to another by mere
accident c. Par. 2 contemplates the ff:
4. Without fault or intention of causing 1. An offender over 15 but
it under 18 years of age who
There is NO SUCH MITIGATING acted with discernment.
CIRCUMSTANCE because: 2. An offender fifteen or over
1. nd
If the 2 requisite (due care) and 1st but under 18 years of age.
part of the 4th requisite (fault)are 3. An offender over 70 years
absent, the case will fall under Art. old
365 which punishes reckless
imprudence.
2. If the 1st requisite (lawful act) and Legal effects of various ages of
2nd part of the 4th requisite offenders:
(intention) are absent, it will be an 1. 15 and below - Exempting
intentional felony [Art. 4, par. 1].
2. Above 15 but under 18 years of age-
b. Incom plete exem pting exempting circumstance (unless he
circum stance of uncontrollable fear. acted with discernment,Art. 12, par. 3 as
Requisites: amended by RA 9344).

1. threat which caused the fear was of 3. Minor delinquent under 18 years of age,
an evil greater than, or at least the sentence may be suspended. [Art.
equal to, than which required to 192, PD No. 603 as amended by PD 1179]
commit; 4. Under 18 – privileged mitigating [Art.
2. evil of such gravity and imminence 68]
that an ordinary person would have 5. 18 years or over, full criminal
succumbed. responsibility.

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6. 70 years or over – mitigating, no
imposition of death penalty; if already
imposed. Execution of death penalty is
suspended and commuted.
Par. 3. No intention to com m it so
grave a wrong (Praeter Intentionem )
Basis: Dim inution of intent.
There must be a notable disproportion
between the means employed to execute
the criminal act and its consequences
The intention, as an internal act, is judged
not only by the proportion of the means
employed by him to the evil produced by his
act, but also by:
1. The weapon used
2. The part of the body injured
3. The injury inflicted
4. The manner it is inflicted
Can also be inferred from the subsequent
acts of the accused immediately after
committing the offense, such as when the
accused helped his victim to secure medical
treatment.
Does not apply when:
1. Crime results from criminal
negligence or culpa
2. The offender employed brute force
3. The victim does not die as a result of
the assult in cases of crimes against
persons
4. Murder qualified by treachery
Only applicable to offense resulting in
death, physical injuries, or material harm
(including property damage). It is not
applicable to defamation or slander.
People v. Calleto (2002)
Held: The lack of "intent" to commit a
wrong so grave is an internal state. It is
weighed based on the weapon used, the
part of the body injured, the injury inflicted
and the manner it is inflicted. The fact that
the accused used a 9-inch hunting knife in
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CRIMINAL LAW
attacking the victim from behind, without
giving him an opportunity to defend
himself, clearly shows that he intended to
do what he actually did, and he must be
held responsible therefor, without the
benefit of this mitigating circumstance.
People v. Ural (1974):
Held: The intention, as an internal act, is
judged not only by the proportion of the
means employed by him to the evil
produced by his act, but also by the fact
that the blow was or was not aimed at a
vital part of the body. Thus, it may be
deduced from the proven facts that the
accused had no intent to kill the victim,
his design being only to maltreat him,
such that when he realized the fearful
consequences of his felonious act, he
allowed the victim to secure medical
treatment at the municipal dispensary.
Par. 4. Sufficient Provocation or
Threat
Provocation – any unjust or improper
conduct or act of the offended party capable
of exciting, inciting, or irritating anyone
Basis: Dim inution of intelligence and
intent.
Elements:
1. provocation must be sufficient
2. must originate from the offended party
3. That the provocation must be personal
and directed to the accused
4. That the provocation must be
immediate to the act, i.e., to the
commission of the crime by the person
who is provoked
Threat must not be offensive and positively
strong, otherwise may result to unlawful
aggression justifying self-defense
Provocation in order to be mitigating must
be SUFFICIENT and IMMEDIATELY
preceding the act. [People v. Pagal]
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

“Sufficient” means adequate to excite a threat of provocation had

person to commit a wrong and must prolonged and affected the
accordingly be proportionate to its gravity. offender at the time he
[People v. Nabora] committed the crime
Sufficiency depends upon: then you use the criterion based on the
time element.
1. the act constituting provocation
2. If there is that time element and at the
2. the social standing of the person
same time, facts are given indicating
provoked
that at the time the offender committed
3. the place and time when the the crime, he is still suffering from
provocation is made. outrage of the threat or provocation
done to him, then he will still get the
Provocation must be immediate to the
benefit of this mitigating circumstance.
commission of the crime. Reason: When
there is an interval of time between the Rom era v. People (2004):Provocation
provocation and the commission of the and passion or obfuscation are not 2
crime, the perpetrator has time to regain his separate mitigating circumstances. It is
reason. well-settled that if these 2 circumstances
are based on the same facts, they should
be treated together as one
Sufficient Provocation as a mitigating circumstance. It is clear that
provocation as a mitigating both circumstances arose from the same set
requisite of circumstance of facts. Hence, they should not be treated
incomplete self- as two separate mitigating circumstances.
defense
It pertains to its It pertains to its
Par. 5. Immediate Vindication of a
absence on the part presence on the part
Grave Offense
of the person of the offended
defending himself. party. Basis: Dim inution of the conditions
[People v. CA, G.R. of voluntariness.
No. 103613, 2001]
Elements:
1. That there be a grave offense done to
TIP: The common set-up given in a bar the one committing the felony, his
problem is that of provocation given by spouse, ascendants, descendants,
somebody against whom the person legitimate, natural or adopted brothers
provoked cannot retaliate; thus the person or sisters, or relatives by affinity within
provoked retaliated on a younger brother or the same degree.
on the father. Although in fact, there is
2. That the felony is committed in
sufficient provocation, it is not mitigating
vindication of such grave offense. A
because the one who gave the provocation
lapse of time is allowed between the
is not the one against whom the crime was
vindication and the doing of the grave
committed.
offense.
You have to look at two criteria:
3. The vindication need not be done by the
1. If from the element of time, person upon whom the grave offense
a. material lapse of time stated in was committed
the problem and Note: Lapse of time is allowed. The
b. there is nothing stated in the Spanish text uses “proxima.” Although the
problem that the effect of the grave offense (slapping of the accused in
front of many persons hours before the

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killing), which engendered the perturbation Par. 6. Passion or obfuscation

of mind, was not so immediate, it was held (Arrebato y Obcecacion)
that the influence thereof, by reason of its
Basis: Dim inution of intelligence and
gravity, lasted until the moment the crime
intent.
was committed. [People v. Parana].
Requisites:
The question whether or not a certain
personal offense is grave must be decided 1. The accused acted upon an impulse
by the court, having in mind
2. The impulse must be so powerful
1. the social standing of the person, that it naturally produces passion or
obfuscation in him.
2. the place and
3. That there be an act, both unlawful
3. the time when the insult was made.
and sufficient to produce such
Vindication of a grave offense and passion condition of mind; and
or obfuscation cannot be counted
4. That said act which produced the
separately and independently.
obfuscation was not far removed
People v. Torpio (2004: The mitigating from the commission of the crime by
circumstance of sufficient provocation a considerable length of time,
cannot be considered apart from the during which the perpetrator might
circumstance of vindication of a grave recover his normal equanimity.
offense. These two circumstances arose [People v. Alanguilang]
from one and the same incident, i.e., the
Passion or obfuscation not
attack on the appellant by the accused, so
applicable when:
that they should be considered as only one
mitigating circumstance. 1. The act committed in a spirit of
LAWLESSNESS.
2. The act is committed in a spirit of
Provocation Vindication REVENGE.
It is made directly The grave offense The mitigating circumstance of obfuscation
only to the person may be committed arising from jealousy cannot be invoked in
committing the against the favor of the accused whose relationship
felony. offender’s relatives with the woman was illegitimate.
mentioned by law.
Also, the act must be sufficient to produce
The offense need not The offended party such a condition of mind. If the cause of loss
be a grave offense. must have done a of self-control is trivial and slight,
grave offense to the obfuscation is not mitigating.
offender or his
relatives. Moreover, the defense must prove that the
act which produced the passion or
The provocation or The grave offense obfuscation took place at a time not far
threat must may be proximate, removed from the commission of the crime.
immediately precede which admits of an [People v. Gervacio, 1968]
the act. interval of time
It is a mere spite It concerns the
against the one honor of the person. US v. De la Cruz (1912): De la Cruz, in
giving the the heat of passion, killed the deceased who
provocation or was his querida (lover) upon discovering her
threat. in the act of carnal communication with a
mutual acquaintance. He claims that he is
entitled to the mitigating circumstance of

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passion or obfuscation and that the doctrine Passion/Obfuscation Irresistible force

in Hicks is inapplicable.
physical force condition sine qua
Held: US v. Hicks is not applicable to the because it does not non.
case. In Hicks, the cause of the alleged involves physical
passion and obfuscation of the aggressor force.
was the convict's vexation, disappointment
and deliberate anger engendered by the Passion/obfuscation Irresistible force
refusal of the woman to continue to live in comes from the comes from a third
offender himself. person.
illicit relations with him, which she had a
perfect reason to do. In this case, the Must arise from Irresistible force is
impulse upon which the defendant acted lawful sentiments to unlawful.
was the sudden revelation that his be mitigating.
paramour was untrue to him and his
discovery of her in flagrante in the arms of
another. This was a sufficient impulse in Passion/Obfuscation v. Provocation
the ordinary and natural course of
Passion/Obfuscation Provocation
things to produce the passion and
obfuscation which the law declares to be Passion/obfuscation Provocation comes
one of the mitigating circumstances to be is produced by an from the injured
taken into the consideration of the court. impulse which may party.
be caused by
provocation.
Passion and Obfuscation cannot co-exist
with: The offense which Must immediately
engenders the precede the
1. Vindication of grave offense perturbation of mind commission of the
Exception: When there are other facts need not be crime.
closely connected. Thus, where the immediate. It is only
deceased, had eloped with the daughter required that the
of the accused, and later when the influence thereof
deceased saw the accused coming, the lasts until the
fomer ran upstairs instead of meeting moment the crime is
the accused and asking for forgiveness, committed.
there are 2 facts which are closely In both, the effect is the loss of reason and
connected, namely: (1) elopement, self-control on the part of the offender.
which is a grave offense for the family of
old customs, and (2) refusal to deal with
him, a stimulus strong enough to Par. 7. Voluntary Surrender and
produce passion. The court in People v. Confession of Guilt
Diokno [G.R. No. L-45100], considered
both mitigating circumstances in favor Basis: Lesser perversity of the
of the accused. offender.

2. Treachery [People v. Wong] Two Mitigating Circumstances under

This Paragraph:
Passion/Obfuscation v. Irresistible
Force 1. Voluntary surrender to a person in
authority or his agents;
Passion/Obfuscation Irresistible force
2. Voluntary confession of guilt before
Mitigating Exempting the court prior to the presentation
Circumstance circumstance of evidence for the prosecution.
Cannot give rise to Physical force is a

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• Whether or not a warrant of arrest
had been issued is immaterial and
irrelevant.
Voluntary surrender
Requisites:
1. offender had not been actually
arrested
2. offender surrendered himself to a
person in authority or to the latter’s
agent
3. surrender was voluntary.
Surrender is voluntary if spontaneous
showing the interest of the accused to
surrender unconditionally to the authorities,
either because (1) he acknowledges his guilt
or (2) wishes to save them the trouble and
expenses that would be necessarily incurred
in his search and capture. [Andrada v.
People]. If none of these two reasons
impelled the accused to surrender, the
surrender is not spontaneous and therefore
not voluntary. [People v. Laurel].
The accused must actually surrender his
own person to the authorities, admitting
complicity of the crime.
Merely requesting a policeman to
accompany the accused to the police
headquarters is not voluntary surrender.
[People v. Flores]
Effect of Arrest
General rule: Not mitigating when
defendant was in fact arrested. [People v.
Conwi]
Exceptions:
1. But where a person, after committing
the offense and having opportunity to
escape, voluntarily waited for the
agents of the authorities and voluntarily
gave up, he is entitled to the benefit of
the circumstance, even if he was placed
under arrest by a policeman then and
there. [People v. Parana]
2. Where the arrest of the offender was
after his voluntary surrender or after his
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doing an act amounting to a voluntary
surrender to the agent of a person in
authority. [People v. Babiera; People v.
Parana]
Person in authority and his agent
Person in authority – is one directly
vested with jurisdiction, that is, a public
officer who has the power to govern and
execute the laws whether as an individual or
as a member of some court or
governmental corporation, board or
commission. A barrio captain and a
barangay chairman are also persons in
authority. [Art. 152, RPC, as amended by PD
No. 299].
Agent of a person in authority – is a
person, who, by direct provision of law, or by
election or by competent authority, is
charged with the maintenance of public
order and the protection and security of life
and property and any person who comes to
the aid of persons in authority. [Art. 152, as
amended by RA 1978].
Time of Surrender - the RPC does not
distinguish among the various moments
when the surrender may occur. [Reyes,
Revised Penal Code]. The fact that a warrant
of arrest had already been issued is no bar
to the consideration of that circumstance
because the law does not require that the
surrender be prior the arrest. [People v.
Yecla and Cahilig]. What is important is that
the surrender be spontaneous.
Plea of guilt
Requisites:
1. offender spontaneously confessed
his guilt.
2. confession of guilt was made in
open court, that is, before the
competent court that is to try the
case; and
a. The extrajudicial confession
made by the accused is not
voluntary confession
because it was made
UP LAW BOC
outside the court. [People v.
Pardo]
3. confession of guilt was made prior
to the presentation of evidence for
the prosecution.
a. The change of plea should
be made at the first
opportunity when his
arraignment was first set.
b. A conditional plea of guilty
is not mitigating.
c. Plea of guilt on appeal is
not mitigating.
d. Withdrawal of plea of not
guilty before presentation of
evidence by prosecution is
still mitigating. All that the
law requires is voluntary
plea of guilty prior to the
presentation of the evidence
by the prosecution.
e. A plea of guilty on an
amended information will
be considered as an
attenuating circumstance if
no evidence was presented
in connection with the
charges made therein.
[People v. Ortiz]
Plea to a lesser offense
Rule 116, sec. 2, ROC – At arraignment,
the accused, with the consent of the
offended party and prosecutor, may be
allowed by the trial court to plead guilty to a
lesser offense which is necessarily included
in the offense charged. After arraignment
but before trial, the accused may still be
allowed to plead guilty to said lesser
offense after withdrawing his plea of not
guilty. No amendment of the complaint or
information is necessary.
People v. Dawaton (2002): Information
for murder was filed against Dawaton.
When first arraigned he pleaded not guilty,
CRIMINAL LAW 1 CRIMINAL LAW
but during the pre-trial he offered to plead
guilty to the lesser offense of homicide but
was rejected by the prosecution. The trial
court sentenced him to death. He avers that
he is entitled to the mitigating circumstance
of plea of guilty.
Held: While the accused offered to plead
guilty to the lesser offense of homicide, he
was charged with murder for which he had
already entered a plea of not guilty. We
have ruled that an offer to enter a plea of
guilty to a lesser offense cannot be
considered as an attenuating circumstance
under the provisions of Art. 13 of RPC
because to be voluntary the plea of guilty
must be to the offense charged.
Also, Sec. 2, Rule 116, of the Revised Rules
of Criminal Procedure requires the consent
of the offended party and the prosecutor
before an accused may be allowed to plead
guilty to a lesser offense necessarily
included in the offense charged. The
prosecution rejected the offer of the
accused.
Par. 8. Physical Defects
Basis: Dim inution of freedom of
action, therefore dim inution of
voluntariness.
No distinction between educated and
uneducated deaf-mute or blind persons.
Physical defect - being armless, cripple,
or a stutterer, whereby his means to act,
defend himself or communicate with his
fellow beings are limited.
The physical defect that a person may have
must have a relation to the commission of
the crime.
Where the offender is deaf and dumb,
personal property was entrusted to him and
he misappropriated the same, the crime
committed was estafa. The fact that he was
deaf and dumb is not mitigating since that
does not bear any relation to the crime
committed.
If a person is deaf and dumb and he has
been slandered, he cannot talk so what he
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did was he got a piece of wood and struck
the fellow on the head. The crime
committed was physical injuries. The
Supreme Court held that being a deaf and
dumb is mitigating because the only way is
to use his force because he cannot strike
back in any other way.
Par. 9. Illness
Basis: Dim inution of intelligence and
intent.
Elements:
1. illness of the offender must
diminish the exercise of his will-
power
2. illness should not deprive the
offender of consciousness of his acts.
It is said that this paragraph refers only to
diseases of pathological state that trouble
the conscience or will.
Complete loss of exercise of will-power due
to illness may qualify as exempting
circumstance
A mother who, under the influence of a
puerperal fever, killed her child the day
following her delivery.
People v. Javier (1999): Javier was
married to the deceased for 41 years. He
killed the deceased and then stabbed
himself in the abdomen. Javier was found
guilty of parricide. In his appeal, he claims
that he killed his wife because he was
suffering from insomnia for a month and at
the time of the killing, his mind went totally
blank and he did not know what he was
doing. He also claims that he was insane
then.
Held: No sufficient evidence or medical
finding was offered to support his claim.
The court also took note of the fact that the
defense, during the trial, never alleged the
mitigating circumstance of illness. The
alleged mitigating circumstance was a
mere afterthought to lessen the criminal
liability of the accused.
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Par. 10. Analogous Mitigating
Circumstances
Any other circumstance of similar nature
and analogous to the nine mitigating
circumstances enumerated in art. 13 may be
mitigating.
1. offender leading the law enforcers
to the place where he buried the
instrument of the crime has been
considered as equivalent to
voluntary surrender.
2. Stealing driven to do so out of
extreme poverty is considered as
analogous to incomplete state of
necessity.
3. Over 60 years old with failing sight,
similar to over 70 years of age
mentioned in par. 2. [People v.
Reantillo].
4. Voluntary restitution of stolen
goods similar to voluntary surrender
[People v. Luntao].
5. Impulse of jealous feelings, similar
to passion and obfuscation. [People
v. Libria].
6. Extreme poverty and necessity,
similar to incomplete justification
based on state of necessity. [People
v. Macbul].
7. Testifying for the prosecution,
without previous discharge,
analogous to a plea of guilty.
[People v. Narvasca].
Canta v. People: Canta stole a cow but
alleges that he mistook the cow for his
missing cow. He made a calf suckle the cow
he found and when it did, Canta thought
that the cow he found was really his.
However, he falsified a document describing
the said cow’s cowlicks and markings. After
getting caught, he surrendered the cow to
the custody of the authorities in the
municipal hall.
Held: Canta’s act of voluntarily taking the
cow to the municipal hall to place it in the
UP LAW BOC
custody of authorities (to save them the
time and effort of having to recover the cow)
was an analogous circumstance to
voluntary surrender.
D. AGGRAVATING
CIRCUMSTANCES
Aggravating Circumstances – raise the
penalty for a crime to its maximum period
provided by law for that crime; or those
circumstances which change the nature of
the crime.
Note: The list in this Article is EXCLUSIVE –
there are no analogous aggravating
circumstances.
The aggravating circumstances must be
established with moral certainty, with the
same degree of proof required to establish
the crime itself.
According to the Revised Rules of Criminal
Procedure, BOTH generic and qualifying
aggravating circumstances must be alleged
in the Information in order to be considered
by the Court in imposing the sentence. [Rule
110, Sec. 9]
Basis: Greater perversity of the offender
manifested in the commission of the felony
as shown by:
1. the motivating power behind the act
2. the place where the act was
committed
3. the means and ways used
4. the time
5. the personal circumstance of the
offender and/or of the victim
Kinds
1. GENERIC – Those that can generally
apply to all crimes. Nos. 1, 2, 3
(dwelling), 4, 5, 6, 9, 10, 14, 18, 19, and
20 except “by means of motor vehicles”.
A generic aggravating circumstance
may be offset by a generic mitigating
circumstance.
CRIMINAL LAW 1 CRIMINAL LAW
2. SPECIFIC – Those that apply only to
particular crimes. Nos. 3 (except
dwelling), 15, 16, 17 and 21.
3. QUALIFYING –Those that change the
nature of the crime. Art. 248 enumerate
the qualifying AC which qualifies the
killing of person to murder. If two or
more possible qualifying circumstances
were alleged and proven, only one
would qualify the offense and the others
would be generic aggravating.
4. INHERENT – Those that must
accompany the commission of the crime
and is therefore not considered in
increasing the penalty to be imposed
such as evident premeditation in theft,
robbery, estafa, adultery and
concubinage.
5. SPECIAL – Those which arise under
special conditions to increase the
penalty of the offense and cannot be
offset by mitigating circumstances such
as:
a. quasi-recidivism [Art. 160]
b. complex crimes [Art. 48]
c. error in personae [Art. 49]
d. taking advantage of public
position and membership in
an organized/syndicated
crime group [Art. 62]
Note: BOTH generic and qualifying
aggravating circumstances must be alleged
in the Information in order to be considered
by the Court in imposing the sentence.
[Rule 110, Sec. 9, Revised Rules of Criminal
Procedure]. This new rule took effect on
December 1, 2000, but applies retroactively
to pending cases since it is favorable to the
accused.
Even if not alleged in the information,
aggravating circumstances may still be
considered as bases for the award of
exemplary damages. [People v. Esugon, G.R.
No. 195244 (2015)]
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Aggravating circumstances which

are personal to the offenders.
Qualifying
Generic aggravating
aggravating Aggravating circumstances which arise:
circumstances
circumstances
1. from moral attributes of the
The effect of a The effect of a offender;
generic AC, not qualifying AC is not 2. from his private relations with the
offset by any only to give the crime offended party; or
mitigating its proper and
circumstance, is to exclusive name but 3. from any personal cause, shall only
increase the also to place the serve to aggravate the liability of
penalty which author thereof in the principals, accomplices,
should be imposed such a situation as to accessories as to whom such
upon the accused deserve no other circumstances are attendant. [Art.
to the MAXIMUM penalty than that 62, par. 3].
PERIOD. specially prescribed Aggravating circumstances which
by law for said crime. depend for their application upon
the knowledge of offenders.
The circumstance
It is not an affects the nature of The circumstances which consist (1) in the
ingredient of the the crime itself such material execution of the act, or (2) in the
crime. It only that the offender means employed to accomplish it, shall
affects the penalty shall be liable for a serve to aggravate the liability of those
to be imposed but more serious crime. persons only who had knowledge of them at
the crime remains The circumstance is the time of the execution of the act or their
the same actually an ingredient cooperation therein. [Art. 62, par. 4].
of the crime
Being an ingredient D.1. GENERIC
The circumstance
of the crime, it cannot
can be offset by an Aggravating Circumstances under
be offset by any
ordinary mitigating Art. 14:
mitigating
circumstance
circumstance 1. Taking Advantage of Public Office
Aggravating circumstances which do 2. In Contempt of or With Insult to
not have the effect of increasing the Public Authorities
penalty:
3. With Insult or Lack of Regard Due to
1. Aggravating circumstances which in Offended Party by Reason of Rank,
themselves constitute a crime especially Age or Sex; Or Committed in
punishable by law. Dwelling
2. Aggravating circumstances which are 4. Abuse Of Confidence And Obvious
included by the law in defining a crime Ungratefulness
and prescribing the penalty therefore
shall not be taken into account for the 5. Crime In Palace Or In Presence Of
purpose of increasing the penalty. [Art. The Chief Executive; Or Place of
62, par. 1]. Religious Worship

3. The same rule shall apply with respect
to any aggravating circumstance
inherent in the crime to such a degree
that it must of necessity accompany the
commission thereof. [Art. 62, par. 2].
6. Nighttime; Uninhabited Place; With
A Band
7. On Occasion Of A Calamity
8. Aid Of Armed Men Or Means To

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Ensure Impunity
9. Recidivism
10. Reiteracion or Habituality
11. Price, Reward Or Promise
12. Inundation, Fire, Poison
13. Evident Premeditation
14. Craft, Fraud Or Disguise
15. Superior Strength Or Means To
Weaken Defense
16. Treachery
17. Ignominy
18. Unlawful Entry
19. Breaking Wall, Floor, Roof
20. With Aid Of Persons Under 15; By
Motor Vehicle
21. Cruelty
PAR. 1. THAT ADVANTAGE BE TAKEN BY
THE OFFENDER OF HIS PUBLIC POSITION
This is applicable only if the
offender is a public officer.
The public officer must:
1. Use the influence, prestige or
ascendancy which his office gives
him
2. As means by which he realizes his
purpose.
The essence of the matter is presented in
the inquiry, “did the accused abuse his office
in order to commit the crime?” [U.S. v.
Rodriguez]
When a public officer commits a common
crime independent of his official functions
and does acts that are not connected with
the duties of his office, he should be
punished as a private individual without this
aggravating circumstance.
Even if defendant did not abuse his office, if
it is proven that he has failed in his duties as
such public officer, this circumstance would
warrant the aggravation of his penalty. Thus,
CRIMINAL LAW 1 CRIMINAL LAW
the fact that the vice-mayor of a town joined
a band of brigands made his liability greater.
[U.S. v. Cagayan].
The circumstance cannot be taken into
consideration in offenses where taking
advantage of official position is made by
law an integral element of the crime such as
in malversation [Art. 217] or falsification of
public documents under Art. 171.
Taking advantage of public position is also
inherent in the following cases:
1. Accessories under Art. 19, par. 3
(harboring, concealing or assisting
in the escape of the principal of the
crime); and
2. Title VII of Book Two of the RPC
[Crimes committed by public officers].
When in the commission of the crime,
advantage was taken by the offender of his
public position, the penalty to be imposed
shall be in its maximum regardless of
mitigating circumstances. [RA 7659]
Basis: Greater perversity of the offender.
PAR. 2. THAT THE CRIME BE COMMITTED
IN CONTEMPT OF OR WITH INSULT TO
THE PUBLIC AUTHORITIES
Requisites:
1. That the public authority is engaged
in the exercise of his functions.
2. That the public authority 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.
Public Authority / Person in
Authority – is a person directly vested
with jurisdiction, that is, a public officer who
has the power to govern and execute the
laws. The councilor, mayor, governor,
barangay captain, barangay chairman etc.
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UP LAW BOC
are persons in authority. [Art. 152, as
amended by P.D. 1232]
A school teacher, town municipal health
officer, agent of the BIR, chief of police, etc.
are now considered persons in authority.
Par. 2 is not applicable if committed in the
presence of an agent only such as a police
officer.
Agent - A subordinate public officer
charged with the maintenance of public
order and the protection and security of life
and property, such as barrio policemen,
councilmen, and any person who comes to
the aid of persons in authority.[Art. 152, as
amended by BP 873].
Knowledge that a public authority is
present is essential.
Lack of such knowledge indicates lack of
intention to insult public authority.
If crime is committed against the public
authority while in the performance of his
duty, the offender commits direct assault
without this aggravating circumstance.
Basis: Greater perversity of the offender as
shown by his lack of respect for the public
authorities.
People v. Rodil (1981): There is the
aggravating circumstance that the crime
was committed in contempt of or with insult
to public authorities when the chief of police
was present when the incident occurred.
The chief of police should be considered a
public authority because he is vested with
authority to maintain peace and order over
the entire municipality.
PAR. 3. THAT THE ACT BE COMMITTED
WITH INSULT OR IN DISREGARD OF THE
RESPECT DUE THE OFFENDED PARTY ON
ACCOUNT OF HIS RANK, AGE, OR SEX,
OR THAT IT BE COMMITTED IN THE
DWELLING OF THE OFFENDED PARTY, IF
THE LATTER HAS NOT GIVEN
PROVOCATION.
CRIMINAL LAW 1 CRIMINAL LAW
Four circumstances are enumerated in this
paragraph, which can be considered singly
or together.
If all the 4 circumstances are present, they
have the weight of one aggravating
circumstance only.
There must be evidence that in the
commission of the crime, the accused
deliberately intended to offend or insult the
sex or age of the offended party. [People v.
Mangsat]
Disregard of rank, age or sex may be taken
into account only in crimes against persons
or honor. [People v. Pugal; People vs. Ga]
a. Rank of the offended party
Designation or title used to fix the relative
position of the offended party in reference
to others.
There must be a difference in the social
condition of the offender and the offended
party.
b. Age of the offended party
May refer to old age or tender age of the
victim.
c. Sex of the offended party
This refers to the female sex, not to the
male sex.
The aggravating circumstance is NOT to be
considered in the following cases:
1. When the offender acted with
passion and obfuscation. [People v.
Ibanez]
2. When there exists a relationship
between the offended party and the
offender. (People v. Valencia)
3. When the condition of being a
woman is indispensable in the
commission of the crime. Thus, in
rape, abduction, or seduction, sex is
not aggravating. [People v. Lopez]
d. Dwelling (Morada)
Building or structure, exclusively used for
rest and comfort.Thus, in the case of People
v. Magnaye, a “combination of a house and
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UP LAW BOC CRIMINAL LAW 1
a store”, or a market stall where the victim
slept is not a dwelling.
This is considered an AC because in certain
cases, there is an abuse of confidence which
the offended party reposed in the offender
by opening the door to him.
Dwelling need not be owned by the
offended party. It is enough that he used
the place for his peace of mind, rest,
comfort and privacy.
Dwelling should not be understood in the
concept of a domicile: A person has more
than one dwelling. So, if a man has so many
wives and he gave them places of their own,
each one is his own dwelling. If he is killed
there, dwelling will be aggravating,
provided that he also stays there once in a
while.
If a crime of adultery was committed,
dwelling is considered aggravating on the
part of the paramour. However, if the
paramour was also residing in the same
dwelling, it will not be aggravating.
The offended party must not give
provocation. [People v. Ambis].
Provocation in the aggravating
circum stance of dwelling m ust be:
1. given by the offended party
2. sufficient, and
3. immediate to the commission of the
crime.[People v. Rios, 2000]
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.
[People v. Ompaid, 1969]
Dwelling includes dependencies, the foot of
the staircase and the enclosure under the
house. [U.S. v. Tapan]
Basis: Greater perversity of the offender as
shown by the personal circumstances of the
offended party and the place of the
commission of the crime.
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CRIMINAL LAW
People v. Tao (2000):Dwelling cannot
be appreciated as an aggravating
circumstance in this case because the rape
was committed in the ground floor of a two-
story structure, the lower floor being used
as a video rental store and not as a private
place of abode or residence.
People v. Arizobal (2000): Generally,
dwelling is considered inherent in the
crimes which can only be committed in the
abode of the victim, such as trespass to
dwelling and robbery in an inhabited place.
However, in robbery with homicide the
authors thereof can commit the heinous
crime without transgressing the sanctity of
the victim's domicile. In the case at bar, the
robbers demonstrated an impudent
disregard of the inviolability of the victims'
abode when they forced their way in, looted
their houses, intimidated and coerced their
inhabitants into submission, disabled
Laurencio and Jimmy by tying their hands
before dragging them out of the house to be
killed.
Dwelling is not aggravating in the following
cases:
1. When both offender and offended party
are occupants of the same house [U.S. v.
Rodriguez], and this is true even if
offender is a servant of the house.
[People v. Caliso]
2. When the robbery is committed by the
use of force upon things, dwelling is not
aggravating because it is inherent. [U.S.
v. Cas]. But dwelling is aggravating in
robbery with violence or intimidation of
persons because this class or robbery
can be committed without the necessity
of trespassing the sanctity of the
offended party’s house. [People v.
Cabato]
3. In the crime of trespass to dwelling, it is
inherent or included by law in defining
the crime.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

4. When the owner of the dwelling gave People v. Arrojado (2001):For the
sufficient and immediate provocation. aggravating circumstance of abuse of
[Art. 14 par. 3] confidence to exist, it is essential to show
that the confidence between the parties
must be immediate and personal such as
PAR. 4. THAT THE ACT BE COMMITTED would give the accused some advantage or
WITH ABUSE OF CONFIDENCE OR make it easier for him to commit the
OBVIOUS UNGRATEFULNESS criminal act. The confidence must be a
Par. 4 provides two aggravating means of facilitating the commission of the
circumstances. If present in the same case, crime, the culprit taking advantage of the
they must be independently offended party's belief that the former
appreciated. would not abuse said confidence.

a. Abuse of confidence (Abuso de PAR. 5. THAT THE CRIME BE COMMITTED

confianza)
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.
The confidence between the offender and
the offended party must be immediate and
personal.
It is inherent in malversation (Art. 217),
qualified theft (Art. 310), estafa by
conversion or misappropriation (Art. 315)
and qualified seduction. (Art. 337).
b. 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;
3. That the act be committed with
obvious ungratefulness.
The ungratefulness must be obvious: (1)
manifest and (2) clear.
Basis: Greater perversity of the offender as
shown by the means and ways employed.
IN THE PALACE OF THE CHIEF EXECUTIVE
OR IN HIS PRESENCE, OR WHERE PUBLIC
AUTHORITIES ARE ENGAGED IN THE
DISCHARGE OF THEIR DUTIES, OR IN A
PLACE DEDICATED TO RELIGIOUS
WORSHIP
If it is the Malacañang Palace or a
church it is aggravating regardless of
whether State or official or religious
functions are being held.
• The President need not be in the
palace.
• His presence alone in any place
where the crime is committed is
enough to constitute the AC.
• It also applies even if he is not
engaged in the discharge of his
duties in the place where the crime
was committed.
• Cemeteries are not places dedicated
for religious worship.
Note: Offender must have the intention to
commit a crime when he entered the place.
[People v. Jaurigue]

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Par. 5 of the crime or for the purpose of

impunity; or
Where public Par. 2
authorities are 3. When the offender took advantage
Contempt or insult to
engaged in the thereof for the purpose of impunity.
public authorities
discharge of their
duties.
a. Nighttime
Public authorities are engaged in the
performance of their duties. The commission of the crime must begin
and be accomplished in the nighttime (after
Public duty is Public duty is sunset and before sunrise).
performed in their performed outside
office of their office 1. It is specially sought by the offender
The offended party The public authority 2. the offender purposely took
may or may not be should not be the advantage of nighttime; or
the public authority offended party 3. it facilitated the commission of the
offense.
As regards the place where the public Nighttime by and of itself is not an
authorities are engaged in the discharge of aggravating circumstance.
their duties, there must be some When the place is illuminated by light,
performance of public functions. nighttime is not aggravating.
Basis: Greater perversity of the offender as Nighttime may be absorbed by treachery
shown by the place of the commission of depending on circumstances.
the crime, which must be respected.
Nighttime need not be specifically sought
for when:
PAR. 6. THAT THE CRIME BE COMMITTED 1. the offender purposely took
IN THE NIGHT TIME, OR IN AN advantage of nighttime; or
UNINHABITED PLACE, OR BY A BAND,
2. it facilitated the commission of the
WHENEVER SUCH CIRCUMSTANCES MAY offense.
FACILITATE THE COMMISSION OF THE
OFFENSE.
These 3 circumstances may be considered b. Uninhabited place
separately: It is determined not by the distance of the
1. when their elements are distinctly nearest house to the scene of the crime but
perceived and whether or not in the place of the
commission of the offense, there was a
2. can subsist independently, reasonable possibility of the victim receiving
3. revealing a greater degree of some help.
perversity. Solitude must be sought to better attain the
criminal purpose. [People v. Aguinaldo]
Requisites: The offenders must choose the place as an
aid either (1) to an easy and uninterrupted
1. When it facilitated the commission accomplishment of their criminal designs,
of the crime; or or (2) to insure concealment of the offense,
2. When especially sought for by the that he might thereby be better secured
offender to insure the commission against detection and punishment. [U.S. v.
Vitug].

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c. Band
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.
There should
1. Be at least be four persons
2. At least 4 of them should be armed
3. and are principals by direct
participation.
This aggravating circumstance is absorbed
in the circumstance of abuse of superior
strength.
This is inherent in brigandage.
The armed men must have acted together
in the commission of the crime.
Basis: On the time and place of the
commission of the crime and means and
ways employed.
People v. Librando (2000): In this case
the trial court considered nighttime and
uninhabited place as just one aggravating
circumstance.
Held: The court did not err in considering
nighttime and uninhabited place as just one
aggravating circumstance. The court cited
the case of People vs. Santos where it has
been held that if the aggravating
circumstances of nighttime, uninhabited
place or band concur in the commission of
the crime, all will constitute one
aggravating circumstance only as a general
rule although they can be considered
separately if their elements are distinctly
perceived and can subsist independently,
revealing a greater degree of perversity.
PAR. 7. THAT THE CRIME BE COMMITTED
ON THE OCCASION OF A
CONFLAGRATION, SHIPWRECK,
EARTHQUAKE, EPIDEMIC OR OTHER
CALAMITY OR MISFORTUNE
CRIMINAL LAW 1 CRIMINAL LAW
The rationale for this AC is the debased
form of criminality of one who, in the midst
of a great calamity, instead of lending aid to
the afflicted, adds to their suffering by
taking advantage of their misfortune and
despoiling them.
• The offender must take advantage
of the calamity or misfortune.
• “OR OTHER CALAMITY OR
MISFORTUNE” – refers to other
conditions of distress similar to
“conflagration, shipwreck,
earthquake or epidemic.”
Basis: To the time of the commission of the
crime.
PAR. 8. THAT THE CRIME BE COMMITTED
WITH THE AID OF ARMED MEN, OR
PERSONS WHO INSURE OR AFFORD
IMPUNITY
Requisites:
1. That the 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.
Not applicable
When both the attacking party and the
party attacked were equally armed.
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.
Casual presence, or when the offender did
not avail himself of their aid nor knowingly
count upon their assistance in the
commission of the crime.
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the time of the trial for the second

crime).
Par. 8
Par. 6
With aid of armed • At the time of the trial means from
By a band the arraignment until after sentence
men
is announced by the judge in open
At least two armed court.
Requires more than men
3 armed malefactors • Recidivism does not prescribe. No
matter how long ago the offender
Requires that more This circumstance is was convicted, if he is subsequently
than three armed present even if one convicted of a crime embraced in
malefactors shall of the offenders the same title of the Revised Penal
have acted together merely relied on Code, it is taken into account as
in the commission of their aid, for actual aggravating in imposing the penalty.
an offense aid is not necessary • Pardon does not erase recidivism,
Band members are Armed men are even if it is absolute because it only
all principals mere accomplices excuses the service of the penalty,
not the conviction. However, if a
person was granted an amnesty,
People v. Licop: Aid of armed men and thereafter he is convicted of
includes “armed women”. another crime of the same class as
the former crimes, his former
Note: “Aid of armed men” is absorbed by conviction would not be
“employment of a band”. aggravating. According to Art. 89,
Basis: Means and ways of committing the amnesty extinguishes not only the
crime. penalty but also its effects.
If the offender has
PAR. 9. THAT THE ACCUSED IS A • already served his sentence and
RECIDIVIST (REINCIDENCIA) • he was extended an absolute
Requisites: pardon,
1. That the offender is on trial for an o the pardon shall erase the
offense; conviction including recidivism
2. That he was previously convicted by because there is no more
final judgment of another crime; penalty

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.
• In recidivism, the crimes committed
should be felonies. There is no
recidivism if the crime committed is
a violation of a special law.
• What is controlling is the time of the
trial, not the time of the commission
of the offense (i.e. there was already
a conviction by final judgment at
Basis: Greater perversity of the offender, as
shown by his inclination to crimes.
People vs. Molina (2000): To prove
recidivism, it is necessary to allege the
same in the information and to attach
thereto certified copies of the sentences
rendered against the accused. Nonetheless,
the trial court may still give such AC
credence if the accused does not object to
the presentation.

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PAR. 10. THAT THE OFFENDER HAS BEEN Par. 9 Recidivism Par. 10 Reiteracion
PREVIOUSLY PUNISHED BY AN OFFENSE the accused
TO WHICH THE LAW ATTACHES AN
EQUAL OR GREATER PENALTY OR FOR Rationale is the
Rationale is the
proven tendency to
TWO OR MORE CRIMES TO WHICH IT proven resistance to
commit a similar
ATTACHES A LIGHTER PENALTY rehabilitation
offense
Requisites:
1. That the accused is on trial for an
offense; Since reiteracion provides that the accused
has duly served the sentence for previous
2. That he previously served sentence for conviction/s, or is legally considered to have
another offense to which the law done so, quasi-recidivism cannot at the
attaches: same time constitute reiteracion, hence the
a. an equal or latter cannot apply to a quasi-recidivist.
b. greater penalty, or If the same set of facts constitutes
recidivism and reiteracion, the liability of
c. for 2 or more crimes to which it the accused should be aggravated by
attaches lighter penalty than that recidivism which can be easily proven.
for the new offense; and
3. That he is convicted of the new offense.
Art. 14, Par. 9 Art. 62 par. 5
In Reiteracion or Habituality, it is essential Recidivism Habitual Delinquency
that the offender be previously punished;
that is, he has served sentence. Two convictions are At least three
enough convictions are
Par. 10 speaks of required
• penalty attached to the offense, The crimes are not The crimes are
• not the penalty actually imposed specified; it is limited and specified
enough that they to:
Basis: Greater perversity of the offender as may be embraced
shown by his inclination to crimes. a. serious physical
under the same title injuries,
of the Revised Penal
Code b. less serious
Par. 9 Recidivism Par. 10 Reiteracion physical injuries,

It is necessary that c. robbery,

It is enough that a
the offender shall d. theft,
final judgment has
have served out his
been rendered in the e. estafa or
sentence for the first swindling and
first offense.
offense.
f. falsification
The previous and
Requires that the subsequent offenses
offenses be included must not be There is no time There is a time limit
in the same title of embraced in the limit between the of not more than 10
the Code same title of the first conviction and years between every
Code the subsequent conviction computed
Always to be taken conviction. from the first
Not always an Recidivism is conviction or release
into consideration in aggravating
fixing the penalty to imprescriptible. from punishment
circumstance thereof to conviction
be imposed upon

PAGE 74 OF 342
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computed from the
second conviction or
release therefrom to
the third conviction
and so on
A habitual delinquent is necessarily a
recidivist, and in imposing the principal
penalty upon him the aggravating
circumstance of recidivism has to be taken
into account. However, for the purpose of
fixing the additional penalty, recidivism
cannot be taken as an aggravating
circumstance for the reason that it is
inherent in habitual delinquency. [People v.
Tolentino, L-48740 (1942)]
PAR. 11. THAT THE CRIME BE COMMITTED
IN CONSIDERATION OF A PRICE,
REWARD, OR PROMISE
When this Aggravating Circumstance is
present, there must be 2 or more principals:
a. the one who gives or offers the price
or promise; and
b. the one who accepts it.
Both of whom are principals to the former,
because he directly induces the latter to
commit the crime, and the latter because he
commits it.
When this AC is present, it affects not only
the person who received the price or reward,
but also the person who gave it.
The evidence must show that one of the
accused used money or valuable
consideration for the purpose of inducing
another to perform the deed. [U.S. v.
Gamao]
If without previous promise it was given
voluntarily after a crime was committed as
an expression of his appreciation for the
sympathy and aid shown by the other
accused, it should not be taken into
consideration for the purpose of increasing
the penalty.
PAGE 75 OF 342
CRIMINAL LAW
The price, reward or promise:
• Need not consist of or refer to
material things; or
• That the same were actually
delivered,
o it being sufficient that the offer
made by the principal by
inducement was accepted by
the principal by direct
participation before the
commission of the offense.
Basis: Greater perversity of the offender, as
shown by the motivating power itself.
PAR. 12. THAT THE CRIME BE
COMMITTED BY MEANS OF INUNDATION,
FIRE, POISON, EXPLOSION, STRANDING
OF A VESSEL OR INTENTIONAL DAMAGE
THERETO, DERAILMENT OF A
LOCOMOTIVE, OR BY THE USE OF ANY
OTHER ARTIFICE INVOLVING GREAT
WASTE AND RUIN
Unless used by the offender as a means to
accomplish a criminal purpose, any of the
circumstances in paragraph 12 cannot be
considered to increase the penalty or to
change the nature of the offense.
When another AC already qualifies the
crime, any of these AC’s shall be considered
as generic aggravating circumstance only.
Fire is not aggravating in the crime of arson.
Whenever a killing is done with the use of
fire, as when you kill someone, you burn
down his house while the latter is inside,
this is murder.
There is no such crime as murder with arson
or arson with homicide. The crime is only
murder.
If the intent is to destroy property -
the crime is arson even if someone dies as a
consequence.
If the intent is to kill - there is murder
even if the house is burned in the process.
Basis: Means and ways employed.
UP LAW BOC CRIMINAL LAW 1
PAR. 13. THAT THE ACT BE COMMITTED
WITH EVIDENT PREMEDITATION
Requisites:
1. 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.
Evident premeditation implies
• a deliberate planning of the act
• before executing it.
The essence of premeditation
• An opportunity to coolly and
serenely think and deliberate
o on the meaning and
o consequences of what he
planned to do,
• An interval long enough for his
conscience and better judgment to
overcome his evil desire and scheme.
[People v. Durante]
• The premeditation must be based upon
external facts, and must be evident, not
merely suspected indicating deliberate
planning.
• The date and time when the offender
determined to commit the crime is
essential, because the lapse of time for
the purpose of the third requisite is
computed from that date and time.
• After the offenders had determined to
commit the crime, there must be a
manifest indication that they clung to
their determination.
• Where conspiracy is directly established,
with proof of the attendant deliberation
and selection of the method, time and
means of executing the crime, the
PAGE 76 OF 342
CRIMINAL LAW
existence of evident premeditation can
be taken for granted. [U.S. v. Cornejo]
• Evident premeditation is inherent in
robbery, adultery, estafa, and
falsification. However, it may be
aggravating in robbery with homicide if
the premeditation included the killing of
the victim. [People v. Valeriano]
• In order that premeditation may exist, it
is not necessary that the accused
premeditated the killing of a particular
individual. If the offender premeditated
on the killing of any person (general
attack), it is proper to consider against
the offender the aggravating
circumstance of evident premeditation,
because whoever is killed by him is
contemplated in the premeditation. [US
v. Manalinde, 1909]
• Mere threats without the second
element does not show evident
premeditation.
Basis: Reference to the ways of committing
the crime because evident premeditation
implies a deliberate planning of the act
before executing it.
People v. Biso (2003): Dario, a black belt
in karate, entered an eatery, seated himself
beside Teresita and made sexual advances
to her in the presence of her brother,
Eduardo. Eduardo contacted his cousin,
Biso, an ex-convict and a known toughie in
the area, and related to him what Dario had
done to Teresita. Eduardo and Pio, and 2
others decided to confront Dario. They
positioned themselves in the alley near the
house of Dario. When Dario arrived on
board a taxicab, the four assaulted Dario.
Eduardo held, with his right hand, the wrist
of Dario and covered the mouth of Dario
with his left hand. The 2 others held Dario's
right hand and hair. Pio then stabbed Dario
near the breast with a fan knife. Eduardo
stabbed Dario and fled with his three
companions from the scene.
Held: There was no evident premeditation.
The prosecution failed to prove that the four
UP LAW BOC
intended to kill Dario and if they did intend
to kill him, the prosecution failed to prove
how the malefactors intended to
consummate the crime. Except for the fact
that the appellant and his three
companions waited in an alley for Dario to
return to his house, the prosecution failed to
prove any overt acts on the part of the
appellant and his cohorts showing that that
they had clung to any plan to kill the victim.
PAR. 14. THAT CRAFT, FRAUD OR
DISGUISE BE EMPLOYED
Craft
• Involves intellectual trickery and
cunning on the part of the accused.
• It is employed as a scheme in the
execution of the crime.
Fraud
• Insidious words or machinations
used
o to induce the victim
o to act in a manner
• which would enable the offender to
carry out his design.
Craft and Fraud may be
• absorbed in treachery if they have
been deliberately adopted as the
means, methods or forms for the
treacherous strategy, or
• they may co-exist
independently where they are
adopted for a different purpose in
the commission of the crime.
Fraud Craft
When there is a The act of the
DIRECT accused was done in
INDUCEMENT by order NOT TO
insidious words or AROUSE
machinations SUSPICION
CRIMINAL LAW 1 CRIMINAL LAW
Disguise
• Resorting to any device to conceal
identity.
• The test of disguise is
o whether the device or
contrivance resorted to by the
offender
o was intended to or did make
identification more difficult,
such as the use of a mask,
false hair or beard.
• But if in spite of the use of
handkerchief to cover their faces,
the culprits were recognized by the
victim, disguise is not considered
aggravating.
Basis: Means employed in the commission
of the crime.
People v. San Pedro: Where the accused
pretended to hire the driver in order to get
his vehicle, it was held that there was craft
directed to the theft of the vehicle, separate
from the means subsequently used to
treacherously kill the defenseless driver.
People v. Labuguen (2000): Craft
involves intellectual trickery and cunning on
the part of the offender. When there is a
direct inducement by insidious words or
machinations, fraud is present. By saying
that he would accompany the victim to see
the cows which the latter intended to buy,
appellant was able to lure the victim to go
with him.
PAR. 15. THAT ADVANTAGE BE TAKEN OF
SUPERIOR STRENGTH, OR MEANS BE
EMPLOYED TO WEAKEN THE DEFENSE
To TAKE ADVANTAGE of superior
strength means
• to use purposely excessive force
PAGE 77 OF 342
UP LAW BOC CRIMINAL LAW 1
• out of proportion to the means of
defense available to the person
attacked.
Superiority may arise from
• aggressor’s sex, build, weapon or
number
• as compared to that of the victim
(e.g. accused attacked an unarmed
girl with a knife; 3 men stabbed to
death the female victim).
No advantage of superior strength when
• one who attacks is overcome with
passion and obfuscation or
• when quarrel arose unexpectedly
and the fatal blow was struck while
victim and accused were struggling.
Versus by a band:
• In the circumstance of abuse of
superior strength, what is taken into
account is
o not the number of aggressors
nor the fact that they are armed
o but their relative physical might
vis-à-vis the offended party
Means Employed to W eaken Defense
• This circumstance is applicable only
o to crimes against persons and
o sometimes against person and
property, such as robbery with
physical injuries or homicide.
Note: The means used must not totally
eliminate possible defense of the victim,
otherwise it will fall under treachery
Basis: Means employed in the commission
of the crime.
People v. Carpio: There must be
evidence of notorious inequality of
forces between the offender and the
offended party in their age, size and
strength, and that the offender took
advantage of such superior strength in the
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CRIMINAL LAW
commission of the crime. The mere fact
that there were two persons who
attacked the victim does not per se
constitute abuse of superior
strength.
People v. Lobrigas (2002): The crime
committed was murder qualified by the
aggravating circumstance of abuse of
superior strength. To appreciate abuse of
superior strength, there must be a
deliberate intent on the part of the
malefactors to take advantage of their
greater number. They must have
notoriously selected and made use of
superior strength in the commission of the
crime. To take advantage of superior
strength is to use excessive force that is out
of proportion to the means for self-defense
available to the person attacked; thus, the
prosecution must clearly show the
offenders' deliberate intent to do so.
People v. Sansaet (2002): Mere
superiority in number, even assuming it to
be a fact, would not necessarily indicate the
attendance of abuse of superior strength.
The prosecution should still prove that the
assailants purposely used excessive force
out of proportion to the means of defense
available to the persons attacked.
Finally, to appreciate the qualifying
circumstance of abuse of superior strength,
what should be considered is whether the
aggressors took advantage of their
combined strength in order to consummate
the offense. To take advantage of superior
strength means to purposely use excessive
force out of proportion to the means
available to the person attacked to defend
himself.
PAR. 16. THAT THE ACT BE COMMITTED
WITH TREACHERY (ALEVOSIA)
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
UP LAW BOC CRIMINAL LAW 1
specially to insure its execution, without risk
to himself arising from the defense which
the offended party might make.
Requisites:
1. The employment of means of
execution that gave the person
attacked no opportunity to defend
himself or retaliate; and
2. That the offender consciously
adopted the particular means,
method or form of attack employed
by him.
The essence of treachery is that by virtue of
the means, method or form employed by
the offender, the offended party was not
able to put up any defense.
• If the offended party was able to put
up a defense, even only a token one,
there is no treachery.
• Instead, some other aggravating
circumstance may be present but it is
no longer treachery.
Rules Regarding Treachery
1. Applicable only to crimes against
persons.
2. Means, methods or forms need not
insure accomplishment or
consummation of the crime.
• The treacherous character of the
means employed in the aggression
does not depend upon the result
thereof but upon the means itself.
Thus, frustrated murder could be
aggravated by treachery.
3. The mode of attack must be consciously
adopted.
• The accused must make some
preparation to kill the deceased in
such manner as to insure the
execution of the crime or to make it
impossible or hard for the person
attacked to defend himself or
retaliate. [People v. Tumaob]
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CRIMINAL LAW
• It must be a result of meditation,
calculation or reflection. [U.S. v.
Balagtas]
4. Treachery cannot be presumed. The
suddenness of the attack does not, of
itself, suffice to support a finding of
alevosia, even if the purpose was to kill,
so long as the decision was made all of
a sudden and the victim’s helpless
position was accidental. [People v.
Lubreo]. It must be proved by clear and
convincing evidence. [People v. Santos].
Attacks show intention to eliminate
risk:
• Victim asleep
• Victim half-awake or just awakened
• Victim grappling or being held.
• Attacked from behind
Additional rules:
• When the aggression is
CONTINUOUS, treachery must be
present in the BEGINNING of the
assault.
• 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.
Basis: Means and ways employed in the
commission of the crime.
People v. Malejana: Treachery may still
be appreciated even when the victim was
forewarned of danger to his person. What is
decisive is that the execution of the attack
made it impossible for the victim to defend
himself or to retaliate. Thus, even a frontal
attack could be treacherous when
unexpected and on an unarmed victim who
would be in no position to repel the attack
or avoid it.
Treachery cannot co-exist with passion and
obfuscation.
UP LAW BOC CRIMINAL LAW 1
People v. Rendaje (2000): To constitute
treachery, two conditions must concur: (1)
the employment of means, methods or
manner of execution that would ensure the
offender's safety from any defense or
retaliatory act on the part of the offended
party; and (2) the offender's deliberate or
conscious choice of the means, method or
manner of execution.
Treachery absorbs:
1. Abuse of superior strength [U.S. v.
Estopia]
2. Use of means to weaken the defense
[People v. Siatong]
3. Aid of armed men [People v. Ferrera]
4. Nighttime [People v. Kintuan]
5. Craft [People v. Malig]
6. By a band [People v. Ampo-an]
PAR. 17. THAT MEANS BE EMPLOYED OR
CIRCUMSTANCES BROUGHT ABOUT
WHICH ADD IGNOMINY TO THE NATURAL
EFFECTS OF THE ACT
• It is a circumstance pertaining to the
moral order, which adds disgrace to the
material injury caused by the crime.
• The means employed or the
circumstances brought about must
tend to make the effects of the crime
MORE HUMILIATING or TO PUT THE
OFFENDED PARTY TO SHAME.
• Applicable to crimes against chastity,
rape, less serious physical injuries,
light or grave coercion and murder.
• Raping a woman from behind is
ignominous because that is not the
normal form of intercourse, it is
something which offends the morals of
the offended woman. This is how
animals do it.
PAGE 80 OF 342
CRIMINAL LAW
Basis: Means employed.
People v. Torrefiel (1947): The novelty of
the manner in which the accused raped the
victim by winding cogon grass around his
genitals augmented the wrong done by
increasing its pain and adding ignominy
thereto.
People v. Cachola (2004): For ignominy
to be appreciated, it is required that the
offense be committed in a manner that
tends to make its effect more humiliating,
thus adding to the victim's moral suffering.
Where the victim was already dead when his
body or a part thereof was dismembered,
ignominy cannot be taken against the
accused. In this case, the information states
that Victorino's sexual organ was severed
after he was shot and there is no allegation
that it was done to add ignominy to the
natural effects of the act. We cannot,
therefore, consider ignominy as an
aggravating circumstance.
People v. Bum idang (2000): The
aggravating circumstance of ignominy
shall be taken into account if means are
employed or circumstances brought about
which add ignominy to the natural effects of
the offense; or if the crime was committed
in a manner that tends to make its effects
more humiliating to the victim, that is, add
to her moral suffering. It was established
that Baliwang used the flashlight and
examined the genital of Gloria before he
ravished her. He committed his bestial deed
in the presence of Gloria's old father. These
facts clearly show that Baliwang
deliberately wanted to further humiliate
Gloria, thereby aggravating and
compounding her moral sufferings.
Ignominy was appreciated in a case where a
woman was raped in the presence of her
betrothed, or of her husband, or was made
to exhibit to the rapists her complete
nakedness before they raped her.
UP LAW BOC
PAR. 18. THAT THE CRIME BE
COMMITTED AFTER AN UNLAWFUL
ENTRY.
Unlawful Entry
• There is unlawful entry when an
entrance is effected by a way not
intended for the purpose.
• Unlawful entry must be a means to
effect entrance and not for escape.
• There is no unlawful entry when the
door is broken and thereafter the
accused made an entry thru the
broken door. The breaking of the
door is covered by paragraph 19.
• Unlawful entry is inherent in the
crime of trespass to dwelling and
robbery with force upon things but
aggravating in the crime of robbery
with violence against or
intimidation of persons.
Basis: Means and ways employed to
commit the crime.
PAR. 19. THAT AS A MEANS TO THE
COMMISSION OF THE CRIME, A WALL,
ROOF, FLOOR, DOOR OR WINDOW BE
BROKEN
• To be considered as an AC, breaking
the door must be utilized as a means
to the commission of the crime.
• It is only aggravating in cases where
the offender resorted to any of said
means TO ENTER the house.
• If the wall, etc. is broken in order to get
out of the place, it is not aggravating.
• Because of the phrase “as a means to
the commission of a crime”, it is not
necessary that the offender should
have entered the building. What
aggravates the liability of the offender
is the breaking of a part of the building
as a means to the commission of the
crime.
Basis: Means and ways employed to
commit the crime.
CRIMINAL LAW 1 CRIMINAL LAW
PAR. 20. THAT THE CRIME BE
COMMITTED WITH THE AID OF PERSONS
UNDER FIFTEEN YEARS OF AGE OR BY
MEANS OF MOTOR VEHICLES,
MOTORIZED WATERCRAFT, AIRSHIPS,
OR OTHER SIMILAR MEANS
a. W ith the aid of persons under 15
years of age
• To repress, so far as possible, the
frequent practice resorted to by
professional criminals of availing
themselves of minors taking
advantage of their lack of criminal
responsibility (remember that
minors are given leniency when
they commit a crime)
b. By m eans of a m otor vehicle
To counteract the great facilities found by
modern criminals in said means to commit
crime and flee and abscond once the same
is committed.
This circumstance is aggravating only when
used in the commission of the offense.
• If motor vehicles are used only in
the escape of the offender, it is not
aggravating. It must have been
used to facilitate the commission of
the crime to be aggravating.
“Or other similar means” – the expression
should be understood as referring to
• MOTORIZED vehicles or
• other efficient means of
transportation similar to
automobile or airplane.
Basis: Means and ways employed to
commit the crime.
PAGE 81 OF 342
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

PAR. 21. THAT THE WRONG DONE IN THE Held: The circumstance of cruelty may not
COMMISSION OF THE CRIME BE be considered as there is no showing that
DELIBERATELY AUGMENTED BY the victim was burned while he was still
CAUSING OTHER WRONG NOT alive. For cruelty to exist there must be
proof showing that the accused delighted in
NECESSARY FOR ITS COMMISSION
making their victim suffer slowly and
Requisites: gradually, causing him unnecessary
1. That the injury caused be deliberately physical and moral pain in the
increased by causing other wrong; consummation of the criminal act. No proof
was presented that would show that
2. That the other wrong be unnecessary accused-appellants deliberately and
for the execution of the purpose of the wantonly augmented the suffering of their
offender. victim.
For it to exist, it must be shown that the
accused enjoyed and delighted in
making his victim suffer. People v. Guerrero (2002): Appellant first
severed the victim's head before his penis
If the victim was already dead when was cut-off. This being the sequence of
the acts of m utilation were being events, cruelty has to be ruled out for it
performed, connotes an act of deliberately and
• this would also qualify the sadistically augmenting the wrong by
killing to m urder due to causing another wrong not necessary for its
outraging of his corpse. commission, or inhumanely increasing the
victim's suffering. As testified to by Dr.
Basis: Ways employed to commit the crime. Sanglay, and reflected in her medical
certificate, Ernesto in fact died as a result of
his head being severed. No cruelty is to be
Ignominy Cruelty appreciated where the act constituting the
Shocks the moral alleged cruelty in the killing was
Physical perpetrated when the victim was already
conscience of man
dead.
Refers to the moral
effect of a crime and
Refers to the
it pertains to the D.2. QUALIFYING
physical suffering of
moral order,
the victim so he has
whether or not the
to be alive a. Decree Codifying the Laws on
victim is dead or
alive Illegal/ Unlawful Possession,
Manufacture, Dealing in, Acquisition
or Disposition, of Firearm s,
People v. Catian (2002): Catian Ammunition or Explosives [P.D. 1866,
repeatedly struck Willy with a "chako" on as am ended by R.A. No. 8294] as an
the head, causing Willy to fall on his knees. aggravating circum stance
Calunod seconded by striking the victim
with a piece of wood on the face. When
Willy finally collapsed, Sumalpong picked Acts punished
him up, carried him over his shoulder, and 1. Unlawful manufacture, sale, acquisition,
carried Willy to a place where they burned disposition or possession of firearms or
Willy. The latter’s skeletal remains were ammunition or instruments used or
discovered by a child who was pasturing his intended to be used in the manufacture
cow near a peanut plantation. of firearms or ammunition PROVIDED,
That no other crime is committed.

PAGE 82 OF 342
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

a. If homicide or murder is committed crime shall be considered as an

with the use of an unlicensed aggravating circumstance
firearm, such use of an unlicensed
2. However, if the crime committed with
firearm shall be considered as an
the use of a loose firearm is penalized by
aggravating circumstance. [Sec. 1,
the law with a maximum penalty which
PD 1866 as amended by RA 8294 –
is lower than that prescribed in Section
REPEALED]
28 of the said law for illegal possession
b. If the violation of this section is in of firearm, the penalty for illegal
furtherance of or incident to, or in possession shall be imposed in lieu of
connection with the crime of the penalty for the crime charged
rebellion or insurrection, sedition, or
3. Further, if the crime committed with the
attempted coup d'etat, such
use of a loose firearm is penalized by the
violation shall be absorbed as an
law with a maximum penalty which is
element of the crime of rebellion, or
equal to that imposed under this law for
insurrection, sedition, or attempted
illegal possession, the penalty of prision
coup d'etat. [Sec. 3, PD 1866 as
mayor in its minimum period shall be
amended by RA 8294]
imposed in addition to the penalty for
the crime [Sec. 29, RA 10591 or the
Comprehensive Firearms and
2. Unlawful manufacture, sale, acquisition,
Ammunition Regulation Act]
disposition or possession of explosives.
a. When a person commits any
of the crimes defined in the People vs. De Gracia (1994):
Revised Penal Code or
Ownership is not an essential element of
special laws
illegal possession of firearms and
§ with the use of the ammunition.
aforementioned explosives,
What the law requires is m erely
detonation agents or
possession which includes not only
incendiary devices, which
actual physical possession but also
results in the death of any
constructive possession.
person or persons,
§ the use of such explosives,
detonation agents or Palaganas vs. Court of Appeals
incendiary devices shall be (2006):
considered as an
aggravating circumstance. With the passage of Republic Act. No. 8294
on 6 June 1997, the use of an unlicensed
3. Tampering of firearm's serial number. firearm in murder or homicide is now
4. Repacking or altering the composition considered as a SPECIAL aggravating
of lawfully manufactured explosives. circumstance and not a generic aggravating
circumstance.

RA 10591 or the Comprehensive

Firearms and Ammunition People vs. Ladjaalam (2000):
Regulation Act (2013) expressly If an unlicensed firearm is used in the
repealed Sec. 1 of PD 1866 as commission of any crime, there can be no
am ended. separate offense of simple illegal
1. In general, the use of a loose firearm possession of firearms.
when inherent in the commission of a Hence, if the “other crime” is murder or

PAGE 83 OF 342
UP LAW BOC
homicide, illegal possession of firearms
becomes merely an aggravating
circumstance, not a separate offense.
Since direct assault with multiple
attempted homicide was committed in this
case, appellant can no longer be held liable
for illegal possession of firearms.
b. The Comprehensive Dangerous
Drugs Act of 2002 [R.A. No. 9165]
As a qualifying aggravating circumstance –
A positive finding for the use of dangerous
drugs shall be a qualifying aggravating
circumstance in the commission of a crime
by an offender.
Requisites:
1. The person has violated Sections 7, 11,
12, 14, 15, and 19, Article II of RA 9165
2. He voluntarily gives information about:
a. Any violation of Sections 4, 5, 6, 8,
10, 13, and 16, Article II of RA 9165;
as well as
b. Any violation of the offenses
mentioned if committed by a drug
syndicate; or
c. Any information leading to the
whereabouts, identities and arrest of
all or any of the members thereof
3. He willingly testifies against such
persons
4. The following conditions concur:
a. The information and testimony are
necessary for the conviction of the
persons described above;
b. Such information and testimony are
not yet in the possession of the
State;
c. Such information and testimony can
be corroborated on its material
points;
d. The informant or witness has not
been previously convicted of a crime
involving moral turpitude, except
PAGE 84 OF 342
CRIMINAL LAW 1 CRIMINAL LAW
when there is no other direct
evidence available for the State
other than the information and
testimony of said informant or
witness; and
e. The informant or witness shall
strictly and faithfully comply without
delay, any condition or undertaking,
reduced into writing, lawfully
imposed by the State as further
consideration for the grant of
immunity from prosecution and
punishment.
Termination of immunity
The immunity shall be deemed terminated:
3. Should it turn out subsequently that the
information and/or testimony is false,
malicious or made only for the purpose
of harassing, molesting or in any way
prejudicing the persons described in the
preceding Section against whom such
information or testimony is directed
against; or
4. In case the informant or witness fails or
refuses to testify without just cause, and
when lawfully obliged to do so; or
5. Should he/she violate any condition
accompanying the immunity.
Section 25. Qualifying Aggravating
Circum stances in the Com m ission of
a Crim e by an Offender Under the
Influence of Dangerous Drugs. –
Notwithstanding the provisions of any law
to the contrary, a positive finding for the use
of dangerous drugs shall be a qualifying
aggravating circumstance in the
commission of a crime by an offender, and
the application of the penalty provided for
in the Revised Penal Code shall be
applicable.
UP LAW BOC
i. Im m unity from prosecution and
punishment, coverage
Sec. 33. Im m unity from Prosecution
and Punishm ent. – Notwithstanding the
provisions of Section 17, Rule 119 of the
Revised Rules of Criminal Procedure and
the provisions of Republic Act No. 6981 or
the Witness Protection, Security and Benefit
Act of 1991, any person who has violated
Sections 7, 11, 12, 14, 15, and 19, Article II of
this Act, who voluntarily gives information
about any violation of Sections 4, 5, 6, 8, 10,
13, and 16, Article II of this Act as well as any
violation of the offenses mentioned if
committed by a drug syndicate, or any
information leading to the whereabouts,
identities and arrest of all or any of the
members thereof; and who willingly testifies
against such persons as described above,
shall be exempted from prosecution or
punishment for the offense with reference
to which his/her information or testimony
were given, and may plead or prove the
giving of such information and testimony in
bar of such prosecution: Provided, That the
following conditions concur:
(1) The information and testimony are
necessary for the conviction of the persons
described above;
(2) Such information and testimony are not
yet in the possession of the State;
(3) Such information and testimony can be
corroborated on its material points;
(4) the informant or witness has not been
previously convicted of a crime involving
moral turpitude, except when there is no
other direct evidence available for the State
other than the information and testimony of
said informant or witness; and
(5) The informant or witness shall strictly
and faithfully comply without delay, any
condition or undertaking, reduced into
writing, lawfully imposed by the State as
further consideration for the grant of
immunity from prosecution and
punishment.
Provided, further, That this immunity may
CRIMINAL LAW 1 CRIMINAL LAW
be enjoyed by such informant or witness
who does not appear to be most guilty for
the offense with reference to which his/her
information or testimony were given:
Provided, finally, That there is no direct
evidence available for the State except for
the information and testimony of the said
informant or witness.
Sec. 34. Term ination of the Grant of
Immunity. – The immunity granted to the
informant or witness, as prescribed in
Section 33 of this Act, shall not attach
should it turn out subsequently that the
information and/or testimony is false,
malicious or made only for the purpose of
harassing, molesting or in any way
prejudicing the persons described in the
preceding Section against whom such
information or testimony is directed against.
In such case, the informant or witness shall
be subject to prosecution and the
enjoyment of all rights and benefits
previously accorded him under this Act or
any other law, decree or order shall be
deemed terminated.
In case an informant or witness under this
Act fails or refuses to testify without just
cause, and when lawfully obliged to do so,
or should he/she violate any condition
accompanying such immunity as provided
above, his/her immunity shall be removed
and he/she shall likewise be subject to
contempt and/or criminal prosecution, as
the case may be, and the enjoyment of all
rights and benefits previously accorded him
under this Act or in any other law, decree or
order shall be deemed terminated.
In case the informant or witness referred to
under this Act falls under the applicability
of this Section hereof, such individual
cannot avail of the provisions under Article
VIII of this Act.
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ii. Minor offenders
Sec. 66. Suspension of Sentence of a
First-Tim e Minor Offender. – An
accused who is over fifteen (15) years of age
at the time of the commission of the offense
mentioned in Section 11 of this Act, but not
more than eighteen (18) years of age at the
time when judgment should have been
promulgated after having been found guilty
of said offense, may be given the benefits of
a suspended sentence, subject to the
following conditions:
(a) He/she has not been previously
convicted of violating any provision of this
Act, or of the Dangerous Drugs Act of 1972,
as amended; or of the Revised Penal Code;
or of any special penal laws;
(b) He/she has not been previously
committed to a Center or to the care of a
DOH-accredited physician; and
(c) The Board favorably recommends that
his/her sentence be suspended.
While under suspended sentence, he/she
shall be under the supervision and
rehabilitative surveillance of the Board,
under such conditions that the court may
impose for a period ranging from six (6)
months to eighteen (18) months.
Upon recommendation of the Board, the
court may commit the accused under
suspended sentence to a Center, or to the
care of a DOH-accredited physician for at
least six (6) months, with after-care and
follow-up program for not more than
eighteen (18) months.
In the case of minors under fifteen (15) years
of age at the time of the commission of any
offense penalized under this Act, Article 192
of Presidential Decree No. 603, otherwise
known as the Child and Youth Welfare
Code, as amended by Presidential Decree
No. 1179 shall apply, without prejudice to
the application of the provisions of this
Section.
CRIMINAL LAW 1 CRIMINAL LAW
Sec. 67. Discharge After Com pliance
with Conditions of Suspended
Sentence of a First-Tim e Minor
Offender. – If the accused first time minor
offender under suspended sentence
complies with the applicable rules and
regulations of the Board, including
confinement in a Center, the court, upon a
favorable recommendation of the Board for
the final discharge of the accused, shall
discharge the accused and dismiss all
proceedings.
Upon the dismissal of the proceedings
against the accused, the court shall enter
an order to expunge all official records,
other than the confidential record to be
retained by the DOJ relating to the case.
Such an order, which shall be kept
confidential, shall restore the accused to
his/her status prior to the case. He/she
shall not be held thereafter to be guilty of
perjury or of concealment or
misrepresentation by reason of his/her
failure to acknowledge the case or recite
any fact related thereto in response to any
inquiry made of him for any purpose.
Sec. 68. Privilege of Suspended
Sentence to be Availed of Only Once
by a First-Tim e Minor Offender. – The
privilege of suspended sentence shall be
availed of only once by an accused drug
dependent who is a first-time offender over
fifteen (15) years of age at the time of the
commission of the violation of Section 15 of
this Act but not more than eighteen (18)
years of age at the time when judgment
should have been promulgated.
Sec. 69. Prom ulgation of Sentence for
First-Tim e Minor Offender. – If the
accused first-time minor offender violates
any of the conditions of his/her suspended
sentence, the applicable rules and
regulations of the Board exercising
supervision and rehabilitative surveillance
over him, including the rules and
regulations of the Center should
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confinement be required, the court shall

pronounce judgment of conviction and
Section 71. Records to be kept by the
he/she shall serve sentence as any other
Department of Justice. – The DOJ shall
convicted person.
keep a confidential record of the
proceedings on suspension of sentence and
shall not be used for any purpose other than
Sec. 70. Probation or Com m unity to determine whether or not a person
Service for a First-Tim e Minor accused under this Act is a first-time minor
Offender in Lieu of Im prisonm ent. –
offender.
Upon promulgation of the sentence, the
court may, in its discretion, place the
accused under probation, even if the
iii. Application/ Non application of
sentence provided under this Act is higher
RPC provisions [Sec. 98, R.A. No.
than that provided under existing law on
9165] provisions [Sec. 98] cf. Art. 10,
probation, or impose community service in RPC
lieu of imprisonment. In case of probation,
the supervision and rehabilitative
surveillance shall be undertaken by the
Section 98, RA 9165. Lim ited
Board through the DOH in coordination
Applicability of the Revised Penal
with the Board of Pardons and Parole and
Code. – Notwithstanding any law, rule or
the Probation Administration. Upon
regulation to the contrary, the provisions of
compliance with the conditions of the
the Revised Penal Code (Act No. 3814), as
probation, the Board shall submit a written
amended, shall not apply to the provisions
report to the court recommending
of this Act, except in the case of minor
termination of probation and a final
offenders. Where the offender is a minor,
discharge of the probationer, whereupon
the penalty for acts punishable by life
the court shall issue such an order.
imprisonment to death provided herein
The community service shall be complied shall be reclusion perpetua to death.
with under conditions, time and place as
may be determined by the court in its
discretion and upon the recommendation of Art. 10, RPC. Offenses not subject to
the Board and shall apply only to violators the provisions of this Code. — Offenses
of Section 15 of this Act. The completion of which are or in the future may be
the community service shall be under the punishable under special laws are not
supervision and rehabilitative surveillance subject to the provisions of this Code. This
of the Board during the period required by Code shall be supplementary to such laws,
the court. Thereafter, the Board shall render unless the latter should specially provide
a report on the manner of compliance of the contrary.
said community service. The court in its
discretion may require extension of the
community service or order a final Other Aggravating Circumstance
discharge.
Organized or Syndicated Crime Group [Art.
In both cases, the judicial records shall be 62, RPC]
covered by the provisions of Sections 60
Organized or syndicated crime group:
and 64 of this Act.
a. A group of two or more persons
If the sentence promulgated by the court
requires imprisonment, the period spent in b. collaborating, confederating or
the Center by the accused during the mutually helping one another
suspended sentence period shall be
c. for the purpose of gain in the
deducted from the sentence to be served.
commission of a crime.

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People v. Ori lla (2004):

Special aggravating circum stance
The maximum penalty shall be imposed
• if the offense was committed by any
person
• who belongs to an organized or
syndicated crime group.
The Revised Penal Code is silent as to
when relationship is mitigating and when
it is aggravating. Jurisprudence considers
relationship as an aggravating
circumstance in crimes against chastity.
However, rape is no longer a crime against
chastity for it is now classified as a crime
against persons.

E. ALTERNATIVE CIRCUMSTANCES People vs . Delen (2 014 )

Relationship is always aggravating in
RAPE.
THREE TYPES of alternative circumstances
under Art. 15:
1. Relationship a. W here relationship is exem pting

2. Intoxication i. An accessory who is related to the

principal within the relationship
3. Degree of education/instruction prescribed in Art. 20 except if
Alternative Circumstances – are accessory falls within Par. 1 of Art.
circumstances which must be taken in 19;
consideration as aggravating or mitigating ii. A legally married person who having
according to the nature and effects of the surprised his spouse in the act of
crime committing sexual intercourse with
another person who shall inflict
upon them physical injuries of any
E.1. RELATIONSHIP other kind (i.e. less serious and
i. Spouse slight physical injuries). [Art. 247,
ii. Ascendant RPC]

iii. Descendant iii. Spouses, ascendants and

iv. Legitimate, natural, or adopted
Brother or Sister
v. Relative by Affinity in the same
degree of the offender
b. W here relationship is aggravating
People v. Ma rcos (2001):
In order that the alternative circumstance of
relationship may be taken into
consideration in the imposition of the
proper penalty, the offended party must
either be the (a) spouse, (b) ascendant, (c)
descendant, (d) legitimate, natural or
adopted brother or sister, or (e) relative by
affinity in the same degree, of the offender..
The rule is that relationship is aggravating
in crimes against persons as when the
offender and the offended party are
relatives of the same level, such as killing a
descendants, or relatives by affinity
in the same line who committed the
crime of theft, malicious mischief or
swindling (estafa) but there is civil
liability. [Art. 332, RPC]
i. In CRIMES AGAINST PERSONS
in cases where:
• the offended party is a relative of
a higher degree than the offender
(grandson kills grandfather), or
• when the offender and the
offended party are relatives of the
same level, as killing a brother, a
brother-in-law, a half-brother or
adopted brother.

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ii. When the crim e is SERIOUS relationship or legal bond that links Atop to
PHYSICAL INJURIES [Art. 263], his victim.
even if the offended party is a
descendant of the offender,
relationship is AGGRAVATING. E.2. INTOXICATION
• But the serious physical injuries
must not be inflicted by a parent People v. Bernal (2002)
upon his child by excessive
chastisement. It is only the circumstance of intoxication
which
iii. When the crime is LESS SERIOUS
PHYSICAL INJURIES OR a. if not mitigating,
SLIGHT PHYSICAL INJURIES if b. is automatically aggravating.
the offended party is a relative of a
higher degree than the offender
a. W hen m itigating
iv. When the crime is HOMICIDE OR
MURDER if the victim of the 1. There must be an indication that
crime is a relative of lower
a. because of the alcoholic intake
degree.
of the offender,
v. In CRIMES AGAINST CHASTITY
b. he is suffering from diminished
relationship is always aggravating
self-control.
c. It is not the quantity of
c. W here relationship is m itigating alcoholic drink.
• In Crimes against property, by d. Rather it is the effect of the
analogy to the provisions of Art. 332, alcohol upon the offender
relationship is mitigating in the which shall be the basis of
crimes of robbery (arts. 294-3-2), the m itigating
usurpation (Art. 312), fraudulent circum stance.
insolvency (Art. 314) and arson (Arts. 2. That offender is
321-322, 325-326)
a. not a habitual drinker and
• When the crime is less serious or
slight physical injuries if the b. did not take alcoholic drink
offended party is a relative of a with the intention to reinforce
lower degree than the offender. his resolve to commit crime

d. W here relationship is not b. W hen Aggravating:

appreciated 1. If intoxication is habitual
People v. Atop (1998): 11-year-old Regina 2. If it is intentional to embolden
lives with her grandmother. Atop is the offender to commit crime
common-law husband of her grandmother.
Atop was found guilty of 4 counts of rape
which was committed in 1993 (2x), 1994 and E. 3. DEGREE OF INSTRUCTION/
1995. The lower court took into account the EDUCATION
Aggravating Circumstance of relationship.
Held: The law cannot be stretched to
include persons attached by common-law
relations. In this case, there is no blood

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1. Refers to the lack of sufficient criminal. crime and suggests

intelligence of and knowledge of the to the accused who
full significance of one’s act carries it into
execution.
2. Being illiterate does not
mitigate liability if crime A public officer or a
committed is one which one A person has
private detective
inherently understands as planned or is about
induces an innocent
wrong (e.g. parricide) to commit a crime
person to commit a
and ways and
3. To be considered mitigating, crime and would
means are resorted
degree of instruction must arrest him upon or
to by a public officer
have som e reasonable after the
to trap and catch the
connection to the offense. commission of the
criminal.
crime by the latter.
The accused must
F. ABSOLUTORY CAUSE Not a bar to the be acquitted
prosecution and because the
conviction of the offender simply acts
There are FOUR TYPES of absolutory lawbreaker. as a tool of the law
circumstances: enforcers
1. INSTIGATION
2. PARDON
Entrapment - Trapping persons into crime
3. OTHER ABSOLUTORY CAUSES for the purpose of instituting criminal
prosecutions. It is a scheme or technique
4. ACTS NOT COVERED BY LAW AND
ensuring the apprehension of the criminals
IN CASE OF EXCESSIVE
by being in the actual crime scene.
PUNISHMENT [ART. 5]
The law officers shall not be guilty to the
crime if they have done the following:
Absolutory Causes – those where the act
a) He does not induce a person to
committed is a crime but for reasons of
commit a crime for personal gain or
public policy and sentiment there is no
is not involved in the planning of the
penalty imposed. [People v. Talisic
crime.
(1997)]
b) Does take the necessary steps to
seize the instrument of the crime
F.1. INSTIGATION and to arrest the offenders before
he obtained the profits in mind.
Entrapment Instigation Instigation - The involvement of a law
officer in the crime itself in the following
The instigator manner:
Ways and means are
practically induces
resorted to for the 1) He induces a person to commit a
the would-be
purpose of trapping crime for personal gain.
accused into the
and capturing the
commission of the 2) Doesn’t take the necessary steps to
lawbreaker in the
offense and himself seize the instrument of the crime &
execution of his
becomes a co- to arrest the offenders before he
criminal plan
principal. obtained the profits in mind.
The law enforcer 3) He obtained the profits in mind even
The means originate
conceives the though afterwards does take the
from the mind of the
commission of the

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necessary steps to seize the instrument
of the crime and to arrest the offenders.
Example of entrapment:
A, a government anti-narcotics agent, acted
as a poseur buyer of shabu and negotiated
with B, a suspected drug pusher who is
unaware that A is a police officer. A then
paid B in marked money and the latter
handed over a sachet of shabu. Upon signal,
the cops closed in on B
Example of instigation:
A, leader of an anti-narcotics team,
approached and persuaded B to act as a
buyer of shabu and transact with C, a
suspected pusher. B was given marked
money to pay C for a sachet of shabu. After
the sale was consummated, the cops closed
in and arrested both B and C.
People v. Pacis (2002): Yap, an NBI
agent, received information that a Pacis was
offering to sell ½ kg of "shabu." A buy-bust
operation was approved. The informant
introduced Yap to Pacis as an interested
buyer. They negotiated the sale of ½ kg of
shabu. Pacis handed to Yap a paper bag
with the markings "Yellow Cab". While
examining it, Pacis asked for the payment.
Yap gave the "boodle money" to Pacis.
Upon Pacis's receipt of the payment, the
officers identified themselves as NBI agents
and arrested him.
Held: The operation that led to the arrest of
appellant was an entrapment, not
instigation. In entrapment, ways and means
are resorted to for the purpose of trapping
and capturing lawbreakers in the execution
of their criminal plan. In instigation,
instigators practically induce the would-be
defendant into the commission of the
offense and become co-principals
themselves. Entrapment is sanctioned by
law as a legitimate method of
apprehending criminal elements engaged
in the sale and distribution of illegal drugs.
US v. Phelps (1910): Phelps was charged
and found guilty for violating the Opium
CRIMINAL LAW 1 CRIMINAL LAW
Law (Act No. 1761). Phelps was induced by
Smith, an employee of the Bureau of
Internal Revenue, into procuring opium,
providing for a venue and making
arrangements for the two of them to smoke
opium.
Held: Smith not only suggested the
commission of the crime but also expressed
his desire to commit the offense in paying
the amount required for the arrangements.
Such acts done by employees of
government in encouraging or inducing
persons to commit a crime in order to
prosecute them are most reprehensible.
F.2. PARDON
General rule: Pardon does not extinguish
criminal action (Art 23).
Exception: Pardon by marriage between
the accused and the offended party in cases
of SEDUCTION, ABDUCTION, RAPE AND
ACTS OF LASCIVIOUSNESS (Art 344).
F.3. OTHER ABSOLUTORY CAUSES
1. Spontaneous desistance [Art. 6]
2. Light felonies not consummated
[Art. 7]
3. Accessories in light felonies
4. Accessories exempt under Art. 20
5. Trespass to dwelling to prevent
serious harm to self [Art. 280]
6. Exemption from criminal liability in
crimes against property
7. Under Article 332, exemptions from
criminal liability for cases of theft,
swindling and malicious mischief. It
limits the responsibility of the
offender to civil liability and frees
him from criminal liability by virtue
of his relationship to the offended
party. [Gonzales Vda. De
Carungcong (2010)]
8. Death under exceptional
circumstances (Art. 247)
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9. Under Article 219, discovering
secrets through seizure of
correspondence of the ward by their
guardian is not penalized.
10. Ways on how criminal liability is
extinguished under Art 89.
F.4. ACTS NOT COVERED BY LAW AND IN
CASE OF EXCESSIVE PUNISHMENT
Art. 5 RPC. Duty of the court in connection
with acts which should be repressed but
which are not covered by the law, and in cases
of excessive penalties.
1) Whenever a court has knowledge
of any act which it may deem
proper to repress and which is not
punishable by law, it shall render
the proper decision, and shall
report to the Chief Executive,
through the Department of
Justice, the reasons which induce
the court to believe that said act
should be made the subject of
legislation.
2) In the same way, the court shall
submit to the Chief Executive,
through the Department of
Justice, such statement as may be
deemed proper, without
suspending the execution of the
sentence, when a strict
enforcement of the provisions of
this Code would result in the
imposition of a clearly excessive
penalty, taking into consideration
the degree of malice and the injury
caused by the offense.
Art. 5 covers two situations:
1. Where the court cannot convict the
accused because the act he
committed is not punishable under
the law, but the court deems it proper
to repress such act.
• The proper judgment is acquittal.
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CRIMINAL LAW
• The judge must report to the
Chief Executive that said act be
made subject of penal legislation
and the reasons therefore.
2. Where the court after trial finds the
accused guilty, and the penalty
prescribed for the crime appears too
harsh considering the conditions
surrounding the commission of the
crime,
• The judge should impose the
law (not suspend the execution
of the sentence).
• The most that he could do is
recommend to the Chief
Executive to grant executive
clemency.
People v. Veneracion (1995):
Held: The law plainly and unequivocally
provides that “when by reason or on the
occasion of rape, a homicide is committed,
the penalty shall be death. Courts are not
concerned with wisdom, efficacy or morality
of law. The discomfort faced by those forced
by law to impose death penalty is an
ancient one, but it is a matter upon which
judges have no choice. The Rules of Court
mandates that after an adjudication of
guilt, the judges should impose the proper
penalty and civil liability provided for by the
law on the accused.
G. EXTENUATING CIRCUMSTANCES
Circumstances which mitigate the criminal
liability of the offender but not found in Art.
13
Illustration:
A kleptomaniac is criminally liable. But he
would be given the benefit of a mitigating
circumstance analogous to paragraph 9 of
Article 13, that of suffering from an illness
which diminishes the exercise of his will
power without, however, depriving him of
the consciousness of his act.
UP LAW BOC
An unwed mother killed her child in order to
conceal a dishonor. The concealment of
dishonor is an extenuating circumstance
insofar as the unwed mother or the
maternal grandparents are concerned, but
not insofar as the father of the child is
concerned. Mother killing her new born
child to conceal her dishonor, penalty is
lowered by two degrees. Since there is a
material lowering of the penalty or
mitigating the penalty, this is an
extenuating circumstance.
PERSONS CRIMINALLY LIABLE/DEGREE
OF PARTICIPATION
Under the Revised Penal Code, when more
than one person participated in the
commission of the crime, the law looks into
their participation because in punishing
offenders, the Revised Penal Code classifies
them as:
1. PRINCIPAL
2. ACCOMPLICE
3. ACCESSORY
This classification is true only under the
RPC and is not applied under special laws,
because the penalties under the latter are
never graduated.
Do not use the term “principal” when the
crime committed is a violation of special law
(use the term “offender/s, culprit/s,
accused)
As to the liability of the participants in the
grave, less grave or light felony:
• When the felony is grave, or less grave,
all participants are criminally liable.
• But when the felony is only light, only
the principal and the accomplice are
liable. The accessory is not.
Basis: In the commission of light felonies,
the social wrong as well as the individual
prejudice is so small that penal sanction is
deemed not necessary.
Only natural persons can be held criminally
liable because only natural persons are
capable of acting by means of deceit (dolo)
CRIMINAL LAW 1 CRIMINAL LAW
or fault (culpa) and only natural persons
can commit crime with personal malice and
negligence. Also, only natural persons can
suffer imprisonment or deprivation of liberty
as a form of punishment. [AMURAO (2013)]
G.1. PRINCIPAL
(1) By Direct Participation
(2) By Inducem ent
(3) By Indispensable Cooperation
(1) By Direct Participation
Requisites:
(1) That they participated in the
criminal resolution; and
(2) That they carried out their plan and
personally took part in its execution
by acts which directly tended to the
same end.
Those who are liable (participated in
the crim inal resolution):
• materially execute the crime;
• appear at the scene of the crime;
• perform acts necessary in the
commission of the offense.
W hy one who does not appear at the
scene of the crime is not liable:
• his non-appearance is deemed
desistance which is favored and
encouraged.
• conspiracy is generally not a crime
unless the law specifically provides
a penalty therefore.
• there is no basis for criminal liability
because there is no criminal
participation.
(2) By Inducem ent
Elements:
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a. That the inducement be made
directly with the intention of
procuring the commission of the
crime;
b. That such inducement be the
determining cause of the
commission of the crime by the
material executor. [People v.
Yanson-Dumancas, 1999]
Two ways of becoming principal by
induction:
a. By directly forcing another to commit
a crime by:
(1) Using irresistible force - such
physical force as would produce
an effect upon the individual that
despite all his resistance, it
reduces him to a mere instrument.
(2) Causing uncontrollable fear – such
fear that must be grave, actual,
serious and of such kind that
majority of men would succumb to
such moral compulsion. The fear
must be both grave and imminent
and not speculative, fanciful or
remote.
b. By directly inducing another to
commit a crime by:
(1) Giving of price, or offering of
reward or promise.
• The one giving the price or
offering the reward or promise
is a principal by inducement
while the one committing the
crime in consideration thereof
is a principal by direct
participation.
(2) Using words of command.
• The person who used the words
of command is a principal by
inducement while the person
who committed the crime
because of the words command
is a principal by direct
participation.
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CRIMINAL LAW
• That the one uttering the words
of command must have the
intention of procuring the
commission of the crime;
• That the one who made the
command must have an
ascendancy or influence over
the person who acted;
• That the words used must be so
direct, so efficacious, so
powerful as to amount to
physical or moral coercion;
• That the words of command
must be uttered prior to the
commission of the crime; and
• The material executor of the
crime has no personal reason
to commit the crime.
Inducement must be strong enough
that the person induced could not
resist.
• This is tantamount to an irresistible
force compelling the person
induced to carry out the crime.
• Ill-advised language is not enough
unless he who made such remark or
advice is a co-conspirator in the
crime committed.
W hen does a principal by induction
become liable?
• The principal by induction becomes
liable only when the principal by
direct participation committed the
act induced.
• The inducement must precede the
act induced and must be so
influential in producing the criminal
act that without it, the act would
not have been performed.
W hat are the effects of acquittal of
principal by direct participation
upon the liability of principal by
inducem ent?
• Conspiracy is negated by the
acquittal of co-defendant.
UP LAW BOC
Illustration:
While in the course of a quarrel, a person
shouted to A, “Kill him! Kill him!” A killed
the other person. Is the person who shouted
criminally liable? Is that inducement? No.
The shouting must be an irresistible force
for the one shouting to be liable. Words
uttered in the heat of the moment is not
enough to make one a principal to the crime.
People v. Valderram a (1993):
Ernesto shouted to his younger brother
Oscar, “Birahin mo na, birahin mo na!”
Oscar stabbed the victim.
It was held that there was no conspiracy.
Joint or simultaneous action per se is not
indicia of conspiracy without showing of
common design. Oscar has no rancor with
the victim for him to kill the latter.
Considering that Ernesto had great moral
ascendancy and influence over Oscar, being
much older (35 years old) than the latter,
who was 18 years old, and it was Ernesto
who provided his allowance, clothing as
well as food and shelter,
Ernesto is principal by inducement.
People v. Agapinay (1990):
The one who uttered “kill him, we will bury
him” while the felonious aggression was
taking place cannot be held liable as
principal by inducement.
Utterance was said in the excitement of the
hour, not a command to be obeyed.
People v. Madall (1990):
The son was mauled.
The family was not in good terms with their
neighbors.
The father challenged everybody and when
the neighbors approached, he went home to
get a rifle.
The shouts of his wife “here comes another,
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CRIMINAL LAW 1 CRIMINAL LAW
shoot him” cannot make the wife a principal
by inducement.
It is not the determining cause of the crime
in the absence of proof that the words had
great influence over the husband.
Neither is the wife’s act of beaming the
victim with a flashlight indispensable to the
killing. She assisted her husband in taking
good aim, but such assistance merely
facilitated the felonious act of shooting.
Considering that it was not so dark and the
husband could have accomplished the deed
without his wife’s help, and considering
further that doubts must be resolved in
favor of the accused, the liability of the wife
is only that of an accomplice.
(3) By Indispensable Cooperation
Elements:
a. 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;
• Requires participation in the
criminal resolution
• There must be conspiracy
• Concurrence is sufficient
b. Cooperation in the commission of
the offense by performing another
act, without which it would not have
been accomplished.
• Cooperation must be
indispensable
• If dispensable, accused is only
an accomplice
• If cooperation is necessary in
the execution of the offense,
accused is considered as a
principal by direct participation.
Cooperation in the commission of the
offense – to desire or wish in common a
thing. But that common will or purpose
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

does not necessarily mean a previous

understanding, for it can be explained or In case of doubt, favor the lesser penalty or
inferred from the circumstances of each liability. Apply the doctrine of pro reo.
case.

Collective Criminal Responsibility
This is present when the offenders are
criminally liable in the same manner and to
the same extent. The penalty to be imposed
must be the same for all.
G.2. ACCOMPLICE
Accomplices – are persons who, not acting
as principals, cooperate in the execution of
the offense by previous and simultaneous
acts, which are not indispensable to the
commission of the crime.

Principals by direct participation have They act as mere instruments that perform
collective criminal responsibility. Principals acts not essential to the perpetration of the
by induction, except those who directly offense.
forced another to commit a crime, and
principals by direct participation have
collective criminal responsibility. Principals W hen is one regarded as an
by indispensable cooperation have accom plice?
collective criminal responsibilities with the • Determine if there is a conspiracy.
principals by direct participation.
• If there is, as a general rule, the
criminal liability of all will be the
Individual Criminal Responsibility same, because the act of one is the
act of all.
In the absence of any previous conspiracy,
unity of criminal purpose and intention
immediately before the commission of the W hat are the other traits of an
crime, or community of criminal design, the accom plice?
criminal responsibility arising from different
acts directed against one and the same • does not have previous agreement
person is individual and not collective, and or understanding; or
each of the participants is liable only for the
• is not in conspiracy with the
act committed by him.
principal by direct participation.
The basis is the importance of the
cooperation to the consummation of the
crime. Conspirator Accomplice
• If the crime could hardly be They know of and They know and
committed without such join in the criminal agree with the
cooperation, then such cooperator design criminal design
would be a principal.
Accomplices come
Conspirators know
• If the cooperation merely facilitated to know about it
the criminal
or hastened the consummation of after the principals
intention because
the crime, the cooperator is merely have reached the
they themselves
an accomplice. decision and only
have decided upon
then do they agree
such course of
to cooperate in its
action
The focus is not just on participation but on execution
the importance of participation in Conspirators decide Accomplices merely
committing the crime.
that a crime should assent to the plan

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Conspirator Accomplice 1. When the felony committed is a light

felony
be committed and cooperate in its
accomplishment 2. When the accessory is related to the
principal as:
Accomplices are
merely instruments a. spouse
who perform acts b. ascendant, or descendant, or
Conspirators are the
that are useful for,
authors of a crime c. brother or sister whether
but not essential to,
the perpetration of legitimate, or natural or
the offense. adopted or
d. where the accessory is a
relative by affinity within the
Elements: same degree,
1. That there be community of design; • unless the accessory himself
that is, knowing the criminal design profited from the effects or
of the principal by direct proceeds of the crime or assisted
participation, he concurs with the the offender to profit therefrom.
latter in his purpose;
Note: Even if only two of the principals
2. That he cooperates in the execution guilty of murder are the brothers of the
of the offense by previous or accessory and the others are not related to
simultaneous acts, with the him, such accessory is exempt from criminal
intention of supplying material or liability.
moral aid in the execution of the
crime in an efficacious way; and Instances when one becom es an
accessory:
3. That there be a relation between
the acts done by the principal and (1) Profiting oneself or assisting the
those attributed to the person offender to profit by the effects of
charged as accomplice. the crim e:
Presidential Decree No. 1612 [Anti-
Fencing Law]
Principal by Accomplice
Cooperation • One who knowingly profits or
assists the principal to profit by the
Cooperation is not
Cooperation is effects of robbery or theft (i.e. a
indispensable to the fence) is not just an accessory to the
indispensable to the
commission of the crime, but principally liable for
commission of the
act [Garces v. People, fencing
act
(2007)]
• The penalty is higher than that of a
mere accessory to the crime of
G.3. ACCESSORIES robbery or theft.
Accessories – are those who (1) having • Mere possession of any article of
knowledge of the commission of the crime value which has been the subject of
and (2) without having participated therein, robbery or theft brings about the
either as principals or accomplices, (3) take presumption of “fencing”.
part subsequent to its commission in any of
the manners provided by the Art. 19, RPC. • PD 1612 has, therefore, modified Art.
19 of the RPC
W hen accessories are not criminally
liable:

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(2) Acquiring the effects of piracy or overlook the purpose which must be
brigandage: to prevent discovery of the crime.
• Presidential Decree 532 [Anti- • The corpus delicti is not the body of
piracy and Highway Robbery law of the person who is killed.
1974)]
o Even if the corpse is not
• If the crime was piracy or recovered, as long as that
brigandage under PD 532, said act killing is established beyond
constitutes the crime of abetting reasonable doubt, criminal
piracy or abetting brigandage as the liability will arise.
case may be, although the penalty o If there is someone who
is that of an accomplice, not just an destroys the corpus delicti to
accessory, to the piracy or the prevent discovery, he becomes
brigandage. an accessory.
• Section 4 of PD 532 provides that (4) Harboring or Concealing an
any person who knowingly and in Offender
any manner acquires or receives
property taken by such pirates or In the fourth form or manner of becoming
brigands or in any manner derives an accessory, take note that the law
benefit therefrom, shall be distinguishes between:
considered as an accomplice of the • a Public Officer harboring,
principal offenders in accordance concealing or assisting the principal
with the Rules prescribed by the to escape
Revised Penal Code.
Requisites:
• It shall be presumed that any
person who does any acts provided (1) The accessory is a public
in this section has performed them officer;
knowingly, unless the contrary is (2) He harbors, conceals, or assists
proven. in the escape of the principal;
• Although Republic Act 7659, in (3) The public officer acts with
amending Article 122 of the RPC, abuse of his public functions;
incorporated therein the crime of
piracy in Philippine territorial waters (4) The crime committed by the
and thus correspondingly principal is any crime, provided
superseded PD 532, section 4 of it is not a light felony.
said Decree, which punishes said • a Private Citizen or civilian
acts as a crime of abetting piracy or harboring, concealing or assisting the
brigandage, still stands as it has not principal to escape
been replaced or modified, and is
not inconsistent with any provision Requisites:
of RA 7659. (1) The accessory is a private
person;

(3) Concealing or Destroying the (2) He harbors, conceals or assists

Body, Effects or Instrum ents of the in the escape of the author of
Crime the crime;

• When the crime is robbery or theft, (3) The crime committed by the
with respect to the third principal is either treason,
involvement of the accessory, do not parricide, murder, or an
attempt to take the life of the

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Chief Executive, or is known to charged together with the principal; if the

be habitually guilty of some latter is acquitted, the accomplice and the
other crime. accessory shall not be criminally liable,
unless the acquittal is based on a defense
which is personal only to the principal.
Public Officer Civilian
• However, it is not always true that the
The nature of the The nature of the accomplice and the accessory cannot
crime is immaterial crime is material be criminally liable without the
principal being first convicted.
For him to become
an accessory, the • Under Rule 110 of the Revised Rules
What is material is principal must have on Criminal Procedure, it is required
that he used his committed the crime that all those involved in the
public function in of treason, parricide, commission of the crime must be
assisting the escape murder or attempt included in the information that may
on the life of the be filed.
Chief Executive
The liability of the accused will depend on
the quantum of evidence adduced by the
prosecution against the particular accused
PD 1829 (Also Known
but the prosecution must initiate the
as the Law
proceedings against the principal.
Revised Penal Code Penalizing
“Obstruction of Even if the principal is convicted, if the
Justice”) evidence presented against a supposed
accomplice or accessory does not meet the
No specification of
Specifies the crimes required proof beyond reasonable doubt,
the crime to be
that should be then said accused will be acquitted.
committed by the
committed in case a
offender in order So the criminal liability of an accomplice or
civilian aids in the
that criminal liability accessory does not depend on the criminal
escape
be incurred liability of the principal but depends on the
The offender need quantum of evidence.
The offender is the
not even be the But if the evidence shows that the act done
principal or must be
principal or need not does not constitute a crime and the
convicted of the
be convicted of the principal is acquitted, then the supposed
crime charged
crime charged accomplice and accessory should also be
An offender of any acquitted.
crime is no longer an
The one who If there is no crime, then there is no criminal
accessory but is
harbored or liability, whether principal, accomplice or
simply an offender
concealed an accessory.
without regard to
offender is still an
the crime of the
accessory
person assisted to
escape

W hether the accomplice and the

accessory m ay be tried and
convicted even before the principal
is found guilty
There is an earlier Supreme Court ruling
that the accessory and accomplice must be

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G.4. DECREE PENALIZING OBSTRUCTION
OF APPREHENSION AND PROSECUTION
OF CRIMINAL OFFENDERS [P.D. 1829]
W hat is imposed:
• Prision correccional in its maximum
period, or
• Fine ranging from PhP 1,000 –
6,000, or
• Both
Upon any person who knowingly or willfully
obstructs, impedes, frustrates or delays the
apprehension of suspects and the
investigation and prosecution of criminal
cases through the acts enumerated in Sec. 1
1. Punishable acts
a. Preventing witnesses from testifying
in any criminal proceeding or from
reporting the commission of any
offense or the identity of any
offender/s by means of bribery,
misrepresentation, deceit,
intimidation, force or threats;
b. Altering, destroying, suppressing or
concealing any paper, record,
document, or object with intent to
impair its veracity, authenticity,
legibility, availability, or admissibility
as evidence in any investigation of or
official proceedings in criminal cases,
or to be used in the investigation of,
or official proceedings in, criminal
cases;
c. Harboring or concealing, or
facilitating the escape of, any persons
he knows, or has reasonable ground
to believe or suspect, has committed
any offense under existing penal laws
in order to prevent his arrest,
prosecution and conviction;
d. Publicly using a fictitious name for
the purpose of concealing a crime,
evading prosecution or the execution
of a judgment, or concealing his true
name and other personal
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CRIMINAL LAW
circumstances for the same purpose
or purposes;
e. Delaying the prosecution of criminal
cases by obstructing the service of
process or court orders or disturbing
proceedings in the fiscals’ offices, in
Tanodbayan, or in the courts;
f. Making, presenting or using any
record, document, paper or object
with knowledge of its falsity and with
intent to affect the course or outcome
of the investigation of, or official
proceedings in criminal cases;
g. Soliciting, accepting, or agreeing to
accept any benefit in consideration of
abstaining from, discontinuing, or
impeding the prosecution of a
criminal offender;
h. Threatening directly or indirectly
another with the infliction of any
wrong upon his person, honor or
property or that of any immediate
member or members of his family in
order to prevent such person from
appearing in the investigation of, or
official proceedings in, criminal cases,
or imposing a condition, whether
lawful or unlawful, in order to prevent
a person from appearing in the
investigation of, or in official
proceedings in criminal cases;
i. Giving a false or fabricated
information to mislead or prevent the
law enforcement agencies from
apprehending the offender or from
protecting the life or property of the
victim; or fabricating information
from the data gathered in confidence
by investigating authorities for
purposes of background information
and not for publication and
publishing or disseminating the same
to mislead the investigator or the
court.
UP LAW BOC
2. Compare with Art. 20, RPC
(accessories exem pt from crim inal
liability)
Ground for exemption under Art. 20
The exemption provide in this article is
based on the ties of blood and the
preservation of the cleanliness of one’s
name, which compels one to conceal crimes
committed by relatives so near as those
mentioned in this article.
An accessory is exempt from criminal
liability when the principal is his –
• Spouse
• Ascendant
• Descendant
• Legitimate, natural or adopted
brother, sister or relative by affinity
within the same degree,
Accessory is not exempt from criminal
liability even if the principal is related to
him if he:
a. Profited by the effects of the
crime, or
b. Assisted the offender to profit
by the effect of the crime.
• The punishable acts in PD 1829,
compared to RPC Art. 20 are
prompted by a detestable greed,
not by affection. The benefits of the
exception in Art. 20 do not apply to
PD 1829.
CRIMINAL LAW 1 CRIMINAL LAW
IV. Penalties
Penalty - the suffering that is inflicted by
the State for the transgression of a law.
Different Juridical Conditions of
Penalty:
1. Must be PRODUCTIVE OF SUFFERING,
without affecting the integrity of the
human personality.
2. Must be COMMENSURATE to the
offense – different crimes must be
punished with different penalties.
3. Must be PERSONAL – no one should be
punished for the crime of another.
4. Must be LEGAL – it is the consequence
of a judgment according to law.
5. Must be CERTAIN – no one may escape
its effects.
6. Must be EQUAL for all.
7. Must be CORRECTIONAL.
A. GENERAL PRINCIPLES
Article 21. Penalties that may be imposed. —
No felony shall be punishable by any
penalty not prescribed by law prior to its
commission.
i. Nulla poena sine lege
The Government is prohibited from
imposing punishment to any person for a
felony with any penalty which has not been
prescribed by the law.
REASON: An act or omission cannot be
punished by the State if at the time it was
committed there was no law prohibiting it,
because a law cannot be rationally obeyed
unless it is first shown, and a man cannot
be expected to obey an order that has not
been given.
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Note: It has no application to any of the
provisions of the RPC for the reason that for
every felony defined in the Code, a penalty
has been prescribed.
ii. Must be individual and definite
Penalties must be individual, i.e., not
shared, and definite, e.g., imprisonment,
fine, imprisonment and fine, imprisonment
or fine; but not imprisonment and/or fine.
iii. Court m ust im pose the prescribed
penalty, even if it is excessive.
In case of excessive penalties, the court
must still impose the penalty but it shall
recommend reduction, commutation, or
other actions to the Chief Executive. (Art. 5,
RPC)
RA 9346 expressly repealed RA 8177 or
“Act Designating Death by Lethal Injection”
and RA 7659 or “Death Penalty Law.”
RA 9346 repealed all the other laws
imposing death penalty.
Sec. 2 states that: “In lieu of the death
penalty, the following shall be imposed:
a. The penalty of reclusion perpetua,
when the law violated makes use of
the nomenclature of the penalties of
the Revised Penal Code; or
b. The penalty of life imprisonment,
when the law violated does not
make use of the nomenclature of the
penalties of the Revised Penal Code.”
People v. Bon (2006)
There is no material difference between
“imposition” and “application,” for both
terms embody the operation in law of the
death penalty.
Since Article 71 denominates “death” as an
element in the graduated scale of penalties,
there is no question that the operation of
Article 71 involves the actual application
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CRIMINAL LAW
of the death penalty as a means of
determining the extent which a person’s
liberty is to be deprived.
Since RA 9346 unequivocally bars the
application of the death penalty, as well as
expressly repeals all such statutory
provisions requiring the application of the
death penalty, such effect necessarily
extends to its relevance to the graduated
scale of penalties under Article 71.
The court cannot find basis to conclude that
RA 9346 intended to retain the operative
effects of the death penalty in the
graduation of the other penalties in our
penal laws.
Munoz cannot enjoin us to adopt such
conclusion.
RA is not swaddled in the same restraints
appreciated by Muñoz on Section 19(1),
Article III.
The very Congress empowered by the
Constitution to reinstate the imposition of
the death penalty once thought it best to do
so, through RA 7650.
Within the same realm of constitutional
discretion, Congress has reversed itself.
It must be asserted that today, the legal
status of the suppression of the death
penalty in the Philippines has never been
more secure than at any time in our political
history as a nation.
B. PURPOSES
Three-fold purpose of penalty under
the RPC:
1. RETRIBUTION OR EXPIATION
The penalty is commensurate with the
gravity of the offense. It permits society to
exact proportionate revenge, and the
offender to atone for his wrongs.
2. CORRECTION OR REFORMATION
As shown by the rules which regulate the
execution of the penalties consisting in
deprivation of liberty.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

3. SOCIAL DEFENSE (ii) divisible into three periods

As shown by its inflexible severity to (b) Indivisible
recidivist and habitual delinquents.
(i) those which have no fixed
The State has an existence of its own to duration
maintain, a conscience to assert, and moral
(ii) Death
principles to be vindicated. Penal justice
must therefore be exercised by the State in (iii) Reclusion perpetua
the service and satisfaction of a duty, and
(iv) Perpetual absolute or special
rests primarily on the moral rightfulness of
disqualification
the punishment inflicted.
(v) Public censure
The basis of the right to punish violations
of penal law is the police power of the State. (2) According to subject-matter
(a) Corporal (death)
C. CLASSIFICATIONS (b) Deprivation of freedom (reclusion,
prision, arresto)

i. Major Classification (c) Restriction of freedom (destierro)

1. PRINCIPAL PENALTIES – those (d) Deprivation of rights

expressly imposed by the court in the (disqualification and suspension)
judgment of conviction. (e) Pecuniary (fine)
2. ACCESSORY PENALTIES – those (3) According to their gravity
that are deemed included in the
imposition of the principal penalties. (a) Capital

3. SUBSIDIARY PENALTIES – those (b) Afflictive

imposed in lieu of principal penalties, (c) Correctional
i.e., imprisonment in case of inability to
pay the fine. (d) Light

Penalties that are either princ ipal or

accessory: D. DURATION AND EFFECT
• Perpetual or temporary absolute
disqualification A penal law shall only have retroactive
• Perpetual or temporary special effect if it favors persons guilty of felonies,
disqualification who are not considered habitual criminals
as defined in Article 62. (Article 22)
• Suspension
There is no retroactive effect even when
These may be principal or accessory favorable to the accused if the new law is
penalties, because they are form ed expressly made inapplicable to pending
in the 2 general classes. (Asked 3 actions or existing causes of action. [Tavera
times in the Bar Exams) v. Valdez, G.R. No. 922 (1902)]
If retroactive effect of a new law is justified,
ii. Other Classifications of Penalties it shall apply to the defendant even if he is:

(1) According to their divisibility 1. Presently on trial for the offense;

(a) Divisible 2. Has already been sentenced but

service of which has not begin; or
(i) those that have fixed duration

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3. Already serving sentence. 3. Correctional penalties: (PC, AM,

S, Des)
a. Prision correccional,
The exception applies to a law dealing with
prescription of crime. b. Arresto mayor,
The retroactive effect of criminal statutes c. Suspension,
does not apply to the culprit’s civil liability
d. Destierro.
[People v. Panaligan, C.A. 40 O.G. 207].
4. Light penalties: (Am ,Pc)
Reason: The rights of offended persons or
innocent third parties are not within the gift a. Arresto menor,
of arbitrary disposal of the State.
b. Public censure.
There is no retroactive effect of penal laws
5. Penalties common to the three
as regards jurisdiction of court. The
preceding classes:(F,
jurisdiction of the court to try the criminal
Bond)
action is to be determined by the law in
force at the time of instituting the action, i. Fine, and
not at the time of the commission of the ii. Bond to keep the peace.
crime [People v. Pegarum, G.R. No. L-37565
(1933)].
Jurisdiction of courts in criminal cases is Scale of Accessory Penalties (PAD,
determined by the allegations of the TAD, PSD, TSD, S, CI, I, F, Pay)
complaint or information, and not by the a. Perpetual or temporary absolute
findings the court may make after trial disqualification,
(People v. Mission, G.R. No. L-3488 (1950)].
b. Perpetual or temporary special
disqualification,
E. PENALTIES WHICH MAY BE c. Suspension from public office, the right
IMPOSED to vote and be voted for, the profession
or calling.
Scale of Principal Penalties d. Civil interdiction,
1. Capital punishment: (D) e. Indemnification,
a. Death. f. Forfeiture or confiscation of instruments
and proceeds of the offense,
2. Afflictive penalties: (RP, RT,
PAD, TAD, PSD, TSD, PM) g. Payment of costs
a. Reclusion perpetua,
b. Reclusion temporal, The following table also contains
DISQUALIFICATION as an afflictive penalty,
c. Perpetual or temporary absolute because its different forms can also be
disqualification, imposed as a principal although it is
d. Perpetual or temporary special primarily categorized as an accessory
disqualification, penalty.
e. Prision mayor.

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Penalty Duration Effects Accessories

Death
Indivisible
(REPEALED)
Death, when not (1) PAD
executed due to
pardon or (2) Civil interdiction
com m utation 30 yrs from
sentence
(REPEALED)
20 years & 1 day (1) PAD
Reclusion perpetua to 40 years (2) Civil interdiction
(Indivisible) for life
(1) Deprivation of public
office, even if by election
(2) Deprivation of right to
Perpetual absolute
For life vote & be voted for
disqualification (PAD)
(3) Disqualification from
public office held
(4) Loss of retirement rights
(1) Deprivation of office,
employment,
profession, or calling
Perpetual special
For life affected
disqualification (PSD)
(2) Disqualification from
similar offices or
employments
(1) PAD
12 years & 1 day (2) Civil interdiction
Reclusion tem poral
to 20 years for duration of
sentence
6 years & 1 day (1) TAD
Prision mayor
to 12 years (2) PSD of suffrage
(1) Deprivation of public
office, even if by election
(2) Deprivation of right to
Temporary absolute vote & be voted for
6 years & 1 day
disqualification during sentence
to 12 years
(TAD) (3) Disqualification from
public office held during
sentence
(4) Loss of retirement rights
(1) Deprivation of office,
employment,
Temporary special profession, or calling
6 years & 1 day
disqualification affected
to 12 years
(TSD) (2) Disqualification from
similar offices or
employments

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Specific Principal and Accessory becomes eligible for

Penalties
1. AFFLICTIVE PENALTIES
a. Reclusion Perpetua
Duration: 20 years and 1 day to 40 years
Accessory Penalties:
1. Civil interdiction for life or during the
period of the sentence as the case
may be.
2. Perpetual Absolute Disqualification
which the offender shall suffer even
though pardoned as to the principal
penalty, unless the same shall have
been expressly remitted in the pardon.
Reclusion perpetua remains an indivisible
penalty despite the duration provided for it.
In imposing the penalty of reclusion
perpetua, it is unnecessary for the Court to
specify the length of imprisonment.
People v. Ramirez (2001)
Reclusion Perpetua is imprisonment for life
but the person sentenced to suffer it shall
be pardoned after undergoing the penalty
for thirty (30) years, unless by reason of his
conduct or some other serious cause, he
shall be considered by the Chief Executive
as unworthy of pardon (Art. 27, Revised
Penal Code)."
pardon although the
maximum period
shall in no case
exceed 40 years
b. Reclusion Tem poral
Duration: 12 years and 1 day to 20 years
Accessory Penalties:
1. Civil interdiction for life or during the
period of the sentence as the case
may be.
2. Perpetual Absolute Disqualification
which the offender shall suffer even
though pardoned as to the principal
penalty, unless the same shall have
been expressly remitted in the
pardon.
c. Prision mayor
Duration: 6 years and 1 day to 12 years
Accessory Penalties:
1. Temporary Absolute Disqualification
2. Perpetual Special Disqualification
from the right to suffrage which the
offender shall suffer although
pardoned as to the principal penalty
unless the same shall have been
expressly remitted in the pardon.

Reclusion perpetua distinguished

2. CORRECTIONAL PENALTIES
from life im prisonm ent
a. Prision Correccional
LIFE RECLUSION
IMPRISONMENT PERPETUA Duration: 6 months and 1 day to 6 years
Imposed for serious Accessory Penalties:
Prescribed under
offenses penalized 1. Suspension from public office
the RPC
by special laws
2. Suspension from the right to follow
Does not carry with it Carries with it a profession or calling
accessory penalties accessory penalties
3. Perpetual Special Disqualification for
Does not appear to Entails the right of suffrage, if the duration
have any definite imprisonment for at of the imprisonment shall exceed 18
extent or duration least 30 years after months
which the convict

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b. Arresto Mayor Accessory Penalties:

Duration: 1 month and 1 day to 6 months 1. Suspension of right to hold office
2. Suspension of the right of suffrage
during the term of the sentence.

Penalty Duration Effects Accessories

(1) Suspension from public
office

6 months & 1 day (2) Suspension from

Prision
profession or calling
correccional to 6 years
(3) PSD of suffrage, if the
duration of imprisonment
exceeds 18 mos.
(1) Public office
6 months & 1 day
Suspension (2) Profession or calling
to 6 years
(3) Suffrage

6 months & 1 day Prohibition to enter w/in

Destierro 25-250 km radius from the
to 6 years designated place
(1) Suspension of right to hold
1 month & 1 day office
Arresto mayor
to 6 months (2) Suspension of the right of
suffrage

3. LIGHT PENALTIES 4. Penalties common to afflictive,

correctional, and light penalties
a. Arresto Menor
a. Fine
Duration: 1 day to 30 days
Fine is:
Accessory Penalties:
Afflictive if more than P6,000.
1. Suspension of right to hold office
Correctional if P200 to P6,000.
2. Suspension of the right of suffrage
during the term of the sentence. Light Penalty if less than P200.
b. Public Censure This article merely classifies fine and has
nothing to do with the definition of
light felony.
The court can fix any amount of the fine
within the limits established by law. It must
consider (1) the mitigating and aggravating
circumstances, and more particularly, (2)
the wealth or means of the culprit.

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When the law does not fix the
minimum of the fine, the determination of
the amount of the fine to be imposed upon
the culprit is left to the sound discretion
of the court, provided it shall not exceed
the maximum authorized by law.
Note: Fines are not divided into 3
equal portions.
exceed 6 months if prosecuted for grave or
less grave felony, or for a period not to
exceed 30 days, if for a light felony.
Bond to keep the peace is different from
bail bond which is posted for the
provisional release of a person arrested for
or accused of a crime.

Penalty Duration Accessories

b. Bond to Keep the Peace
Suspension of
Art. 35. Effects of bond to keep the peace. — Arresto 1 day to 30 right to hold
It shall be the duty of any person sentenced menor days office and right
to give bond to keep the peace, to present of suffrage
two sufficient sureties who shall undertake Public
that such person will not commit the censure
offense sought to be prevented, and that in
case such offense be committed they will
pay the amount determined by the court in (Penalties Com m on to All Three
the judgment, or otherwise to deposit such Types)
amount in the office of the clerk of the court
to guarantee said undertaking. Penalty Duration Accessories

The court shall determine, according to its Fine

discretion, the period of duration of the Bond to As
bond. keep the determined by
Should the person sentenced fail to give the peace the court
bond as required he shall be detained for a
period which shall in no case exceed six
months, if he shall have been prosecuted 4. ACCESSORY PENALTIES
for a grave or less grave felony, and shall a. Perpetual or temporary absolute
not exceed thirty days, if for a light felony disqualification
b. Perpetual or temporary special
2 ways of giving Bond: disqualification
(1) The offender must present 2 sufficient c. Suspension from public office, the
sureties who shall undertake that (1) the right to vote and be voted for, the
offender will not commit the offense sought profession or calling
to be prevented, (2) and that in case such
offense be committed, they will pay the d. Civil interdiction
amount determined by the court. e. Indemnification/ Forfeiture or
(2) The offender must deposit such amount confiscation of instruments and
with the Clerk of Court to guarantee said proceeds of the offense
undertaking.
f. Payment of costs
The court shall determ ine the period
of duration of the bond.

The offender m ay be detained, if he

cannot give the bond, for a period not to

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a. Perpetual or Temporary Absolute
Disqualification
Effects:
1. Deprivation of any public office or
employment of offender;
2. Deprivation of the right to vote in any
election or to be voted upon;
3. Loss of rights to retirement pay or
pension
Note: Perpetual absolute disqualification is
effective during the lifetime of the convict
and even after the service of the sentence.
Temporary absolute disqualification lasts
during the term of the sentence except (1)
deprivation of the public office or
employment; and (2) loss of all rights to
retirement pay or other pension for any
office formerly held. (See Art. 30, par. 3).
A plebiscite is not mentioned or
contemplated in the deprivation of the right
to vote; hence, the offender may vote in that
exercise, subject to the provisions of
pertinent election laws at the time.
Art. 32. Effect of the penalties of perpetual or
temporary special disqualification for the
exercise of the right of suffrage. The
perpetual or temporary special
disqualification for the exercise of the right
of suffrage shall deprive the offender
perpetually or during the term of the
sentence, according to the nature of said
penalty, of the right to vote in any popular
election for any public office or to be elected
to such office. Moreover, the offender shall
not be permitted to hold any public office
during the period of his disqualification.
Art. 33. Effects of the penalties of suspension
from any public office, profession or calling,
or the right of suffrage.
The suspension from public office,
profession or calling, and the exercise of the
right of suffrage shall disqualify the
offender from holding such office or
PAGE 109 OF 342
CRIMINAL LAW
exercising such profession or calling or right
of suffrage during the term of the sentence.
The person suspended from holding public
office shall not hold another having similar
functions during the period of his
suspension.
Art. 34. Civil interdiction.
Civil interdiction shall deprive the offender
during the time of his sentence of the rights
of parental authority, or guardianship,
either as to the person or property of any
ward, of marital authority, of the right to
manage his property and of the right to
dispose of such property by any act or any
conveyance inter vivos.
Art. 45. Confiscation and forfeiture of the
proceeds or instruments of the crime.
Every penalty imposed for the commission
of a felony shall carry with it the forfeiture of
the proceeds of the crime and the
instruments or tools with which it was
committed. Such proceeds and instruments
or tools shall be confiscated and forfeited in
favor of the Government, unless they be
property of a third person not liable for the
offense, but those articles which are not
subject of lawful commerce shall be
destroyed.
b. Perpetual or Temporary Special
Disqualification
Art. 31. Effect of the penalties of perpetual or
temporary special disqualification.
(1) The deprivation of the office,
employment, profession or calling
affected;
(2) The disqualification for holding similar
offices or employments either
perpetually or during the term of the
sentence according to the extent of
such disqualification.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

Effects: For public office, profession or

calling:
Civil interdiction is an accessory penalty to
1. Deprivation of the office, employment, the following principal penalties:
profession or calling affected;
1. Death if commuted to life
2. Disqualification for holding similar imprisonment;
offices or employments during the
2. Reclusion perpetua
period of disqualification.
3. Reclusion temporal
Effects: For the exercise of right to suffrage:
1. Deprivation of the right to vote or to be
elected in an office; e. Indemnification or Confiscation of
Instruments or Proceeds of the
2. Cannot hold any public office during the Offense
period of disqualification. (Art. 31).
This is included in every penalty for the
The penalty for disqualification if imposed commission of the crime. The confiscation is
as an accessory penalty is imposed for in favor of the government.
PROTECTION and NOT for the withholding
of a privilege. Property of a third person not liable for the
offense is not subject to confiscation.
Note: If temporary disqualification or
suspension is imposed as an accessory If the trial court did not order any
penalty, the duration is the same as that of confiscation of the proceeds of the crime,
the principal penalty. the government cannot appeal from the
confiscation as that would increase the
penalty already imposed.
c. Suspension from Public Office, the
Right to Vote and Be Voted for, the
Right to Practice a Profession or f. Payment of Costs
Calling
Includes:
Effects:
1. Fees, and
1. Disqualification from holding such
2. Indemnities, in the course of judicial
office or the exercise of such profession
proceedings.
or right of suffrage during the term of
the sentence; • Costs or costs of suit are the expenses
of litigation allowed and regulated by
2. Cannot hold another office having
the Rules of Court to be assessed
similar functions during the period of
against or to be recovered by a party
suspension. (Art. 32).
in litigation.
• Costs may be fixed amounts already
d. Civil Interdiction determined by law or regulations or
Effects: Deprivation of the following rights: amounts subject to a schedule.
1. Parental authority • If the accused is convicted; costs may
be charged against him.
2. Guardianship over the ward
• If he is acquitted, costs are de officio,
3. Marital authority
meaning each party bears his own
4. Right to manage property and to expense.
dispose of the same by acts inter vivos.
• No costs shall be allowed against the
(Note: The convict can still dispose his
Republic of the Philippines. (Rule 142,
property mortis causa).
Sec. 1).

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• Whether costs should be assessed Calling suspension.

against the accused lie within the
Deprivation of the following
discretion of the court.
rights:
• Parental authority
ACCESSORY
EFFECTS • Guardianship over the
PENALTY
Civil ward
Deprivation of any public Interdiction
office or employment of • Marital authority
Perpetual or offender; • Right to manage
Temporary property and to
Deprivation of the right to
Absolute dispose of the same by
vote in any election or to
Disqualificatio acts inter vivos
be voted upon;
n
Loss of rights to Indemnificatio Forfeiture in favor of the
retirement pay or pension n or Government of the
Confiscation of proceeds of the crime and
For public office, profession Instruments or the instruments or tools
or calling: Proceeds of the with which it was
• Deprivation of the Offense committed
office, If the accused be
employment, convicted, the costs may
profession or be charged against him
calling affected; Payment of
Costs If he be acquitted, costs
• Disqualification for are de officio, i.e., each
holding similar party will bear his/her own
Perpetual or
offices or expense
Temporary
employments
Special
during the period
Disqualificatio
of disqualification; Measures not considered penalty
n
For the exercise of right to (1) Preventive detention
suffrage:
(2) Detention for medical causes
• Deprivation of the
(3) Rehabilitation of minors
right to vote or to
be elected in an (4) Preventive suspension from public
office; office
• Cannot hold any (5) Administrative fines and penalties
public office (6) Civil law deprivation of rights and
during the period reparations (Article 24)
of disqualification
These are not penalties because they are
Suspension Disqualification from not imposed as a result of judicial
from Public holding such office or the proceedings.
Office, the exercise of such profession
Right to Vote or right of suffrage during
and Be Voted the term of the sentence; Notes:
for, the Right Cannot hold another office
to Practice a Those mentioned in par. 3 and 4 are merely
having similar functions preventive measures before conviction of
Profession or during the period of offenders.

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The commitment of a minor mentioned in
par. 2 is not a penalty because it is not
imposed by the court in a judgment of
conviction. The imposition of the sentence
in such case is suspended.
Examples of deprivation of rights
established in penal form:
Art. 229, Family Code. Unless subsequently
revived by a final judgment, parental
authority also terminates: xxx
(3) Upon judicial declaration of
abandonment of the child in a case filed for
the purpose;
(4) Upon final judgment of a competent
court divesting the party concerned of
parental authority; xxx
F. COMPUTATION OF PENALTIES
Rules on the computation of penalties
(Article 28):
1. W hen the offender is in
prison– the duration of temporary
penalties is from the day on
which the judgment of
conviction becom es final.
2. W hen the offender is not in
prison– the duration of penalty
consisting in deprivation of liberty, is
from the day that the offender
is placed at the disposal of
judicial authorities for the
enforcement of the penalty.
3. The duration of other
penalties – the duration is from
the day on which the offender
com m ences to serve his
sentence.
Examples of tem porary penalties:
1. Temporary absolute disqualification
2. Temporary special disqualification
3. Suspension
CRIMINAL LAW 1 CRIMINAL LAW
Rules in cases of tem porary
penalties:
If offender is under detention, as when he is
undergoing preventive imprisonment, Rule
No. 1 applies.
If not under detention, because the offender
has been released on bail, Rule No. 3
applies.
Examples of penalties consisting in
deprivation of liberty:
1. Imprisonment
2. Destierro
Rules in cases of deprivation of
liberty:
When the offender is not in prison, Rule No.
2 applies.
If the offender is undergoing preventive
imprisonment, Rule No. 3 applies but the
offender is entitled to a deduction of full
time or 4/5 of the time of his detention.
Art. 29. Period of preventive imprisonment
deducted from term of imprisonment
Offenders who have undergone preventive
imprisonment shall be credited in the
service of their sentence consisting of
deprivation of liberty, with the full time
during which they have undergone
preventive imprisonment, if the detention
prisoner agrees voluntarily in writing to
abide by the same disciplinary rules
imposed upon convicted prisoners, except
in the following cases:
a. When they are recidivists or have been
convicted previously twice or more times
of any crime; and
b. When upon being summoned for the
execution of their sentence they have
failed to surrender voluntarily.
If the detention prisoner does not agree to
abide by the same disciplinary rules
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imposed upon convicted prisoners, he shall frustrated or attempted felony is fixed by

be credited in the service of his sentence law.
with four-fifths of the time during which he
Whenever it is believed that the penalty
has undergone preventive imprisonment.
lower by one or two degrees corresponding
(As amended by Republic Act 6127, June 17,
to said acts of execution is not in proportion
1970).
to the wrong done, the law fixes a distinct
Whenever an accused has undergone penalty for the principal in frustrated or
preventive imprisonment for a period equal attempted felony.
to or more than the possible maximum
There are two ways to graduate penalties:
imprisonment of the offense charged to
which he may be sentenced and his case is 1. By Degrees, which is affected by
not yet terminated, he shall be released the following factors:
immediately without prejudice to the a. Stage of Execution
continuation of the trial thereof or the (consummated, frustrated, or
proceeding on appeal, if the same is under attempted)
review.
b. Extent of Participation
In case the maximum penalty to which the (principal, accomplice, or
accused may be sentenced is destierro, he accessory)
shall be released after thirty (30) days of
preventive imprisonment. (As amended by c. Privileged mitigating
E.O. No. 214, July 10, 1988). circumstances
d. Qualifying circumstances
The accused undergoes preventive e. Indeterminate Sentence Law
imprisonment when the offense charged is (minimum, which is within the
nonbailable, or even if bailable, he cannot range of the penalty 1° lower
furnish the required bail. than the penalty prescribed by
the RPC)
The convict is to be released immediately if
the penalty imposed after trial is less than 2. By Periods (for divisible penalties,
the full time or four-fifths of the time of the i.e., penalties with minimum,
preventive imprisonment. medium, and maximum periods),
which is affected by the attendant
The accused shall be released immediately ordinary mitigating/aggravating
whenever he has undergone preventive circumstances
imprisonment for a period equal to or more
than the possible maximum imprisonment
for the offense charged. ii. Principals, Accom plices and
Accessories in Consummated,
Frustrated and Attempted Felonies.
G. APPLICATION

i. How to determine penalty to be Art. 46. Penalty to be imposed upon

im posed principals in general.

General rule: The penalty prescribed by The penalty prescribed by law for the
law in general terms shall be imposed upon commission of a felony shall be imposed
the principals for consummated felony. upon the principals in the commission of
such felony.
Exception: The exception is when the
penalty to be imposed upon the principal in Whenever the law prescribes a penalty for a
felony in general terms, it shall be
understood as applicable to the

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consummated felony.
CONSUMMATED
DIAGRAM OF THE
FRUSTRATED
APPLICATION
OF ARTS. 50-57:
PRINCIPALS 0 1°
ACCOMPLICES 1° 2°
ACCESSORIES 2° 3°
“0” represents the penalty prescribed by
law in defining a crime, which is to be
imposed on the PRINCIPAL in a
CONSUMMATED OFFENSE, in accordance
with the provisions of Art. 46.
The other figures represent the degrees to
which the penalty must be lowered, to meet
the different situations anticipated by law.
Exceptions: Arts. 50 to 57 shall not apply
to cases where the law expressly prescribes
the penalty for frustrated or attempted
felony, or to be imposed upon accomplices
or accessories. (Art. 60).
DEGREE - one entire penalty, one whole
penalty or one unit of the penalties
enumerated in the graduated scales
provided for in Art. 71.
Each of the penalties of reclusion perpetua,
reclusion temporal, prision mayor, etc.,
enumerated in the graduated scales of Art.
71 is a degree.
When there is a mitigating or aggravating
circumstance, the penalty is lowered or
increased by PERIOD only,
Except when the penalty is divisible and
there are two or more mitigating and
without aggravating circumstances, in
which case the penalty is lowered by degree.
CRIMINAL LAW 1 CRIMINAL LAW
PERIOD - one of the three equal portions
called the minimum, medium and
maximum of a divisible penalty.
ATTEMPTED
Penalty imposed upon an accomplice
General rule: An accomplice is punished
by a penalty one degree lower than the
penalty imposed upon the principal.
Exceptions:
2°
• The ascendants, guardians, curators,
3° teachers and any person who, by
abuse of authority or confidential
4° relationship, shall cooperate as
accomplices in the crimes of rape,
acts of lasciviousness, seduction,
corruption of minors, white slave
trade or abduction. (Art. 346)
• One who furnished the place for the
perpetration of the crime of slight
illegal detention. (Art. 268)
Penalty imposed upon an accessory
GENERAL RULE: An accessory is
punished by a penalty two degrees lower
than the penalty imposed upon the
principal.
EXCEPTIONS:
• When accessory is punished as
principal – knowingly concealing
certain evil practices is ordinarily an act
of the accessory, but in Art. 142, such
act is punished as the act of the
principal.
• When accessories are punished with a
penalty one degree lower:
o Knowingly using counterfeited seal
or forged signature or stamp of the
President (Art. 162).
o Illegal possession and use of a false
treasury or bank note (Art. 168).
o Using falsified document (Art. 173
par.3)
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o Using falsified dispatch (Art. 173 par.
2)
Art. 61. Rules for graduating
penalties.
For the purpose of graduating the penalties
which, according to the provisions of
Articles 50 to 57, inclusive, of this Code, are
to be imposed upon persons guilty as
principals of any frustrated or attempted
felony, or as accomplices or accessories, the
following rules shall be observed:
(1) When the penalty prescribed for the
felony is single and indivisible, the
penalty next lower in degrees shall
be that immediately following that
indivisible penalty in the respective
graduated scale prescribed in
Article 71 of this Code.
(2) When the penalty prescribed for the
crime is composed of two indivisible
penalties, or of one or more divisible
penalties to be impose to their full
extent, the penalty next lower in
degree shall be that immediately
following the lesser of the penalties
prescribed in the respective
graduated scale.
(3) When the penalty prescribed for the
crime is composed of one or two
indivisible penalties and the
maximum period of another
divisible penalty, the penalty next
lower in degree shall be composed
of the medium and minimum
periods of the proper divisible
penalty and the maximum periods
of the proper divisible penalty and
the maximum period of that
immediately following in said
respective graduated scale.
(4) When the penalty prescribed for the
crime is composed of several
periods, corresponding to different
divisible penalties, the penalty next
lower in degree shall be composed
of the period immediately following
the minimum prescribed and of the
CRIMINAL LAW 1 CRIMINAL LAW
two next following, which shall be
taken from the penalty prescribed, if
possible; otherwise from the penalty
immediately following in the above
mentioned respective graduated
scale.
(5) When the law prescribes a penalty
for a crime in some manner not
especially provided for in the four
preceding rules, the courts,
proceeding by analogy, shall
impose corresponding penalties
upon those guilty as principals of
the frustrated felony, or of attempt
to commit the same, and upon
accomplices and accessories.
This article provides for the rules to be
observed in lowering the penalty by one or
two degrees:
(1) For the principal in frustrated felony
à one degree lower;
(2) For the principal in attempted
felony à two degrees lower;
(3) For the accomplice in consummated
felony à one degree lower; and
(4) For the accessory in consummated
felony à two degrees lower.
The rules provided for in Art. 61 should also
apply in determining the MINIMUM of the
indeterminate penalty under the
Indeterminate Sentence Law.
The MINIMUM of the indeterminate
penalty is within the range of the penalty
next lower than that prescribed by the RPC
for the offense.
Those rules also apply in lowering the
penalty by one or two degrees by reason of
the presence of privileged mitigating
circumstance (Arts. 68 and 69),
or when the penalty is divisible and there
are two or more mitigating circumstances
(generic) and no aggravating circumstance
(Art. 64).
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The lower penalty shall be taken from the The penalty immediately following the
graduated scale in Art. 71. lesser of the penalties of prision correccional
to prision mayor is arresto mayor.

The INDIVISIBLE PENALTIES are:

THIRD RULE (a): When the penalty is
(1) death
composed of two indivisible penalties and the
(2) reclusion perpetua maximum period of a divisible penalty
(3) public censure Ex. reclusion temporal in its MAXIMUM
period to death
The MEDIUM and MINIMUM period of the
The DIVISIBLE PENALTIES are:
divisible penalty and the MAXIMUM of that
(1) reclusion temporal immediately following penalty is the
(2) prision mayor penalty next lower in degree.

(3) prision correccional

(4) arresto mayor Death
Penalty for the
(5) destierro Reclusion principal in
Perpetua consummated
(6) arresto menor murder
Maximum

Reclusion Medium Penalty for

The divisible penalties are divided into three accomplice; or for
Temporal Minimum
periods: MINIMUM, MEDIUM AND THE principal in
MAXIMUM Maximum frustrated murder

FIRST RULE: When the penalty is single
and indivisible.
Ex. reclusion perpetua
The penalty immediately following it is
reclusion temporal. Thus, reclusion temporal
is the penalty next lower in degree.
SECOND RULE (a): When the penalty is
composed of two indivisible penalties
Ex. reclusion perpetua to death
The penalty immediately following the
lesser of the penalties, which is reclusion
perpetua, is reclusion temporal.
SECOND RULE (b): When the penalty is
composed of one or more divisible penalties
to be imposed to their full extent
Ex. prision correccional to prision mayor
Prision Medium
Mayor Minimum
THIRD RULE (b): When the penalty is
composed of one indivisible penalty and the
maximum period of a divisible penalty.
Ex. Reclusion temporal in its MAXIMUM
period to Reclusion perpetua
The same rule shall be observed in lowering
the penalty by one or two degrees.
FOURTH RULE: When the penalty is
composed of several periods.
Ex. Prision Mayor in its MEDIUM period to
Reclusion temporal in its MINIMUM period.
This rule contemplates a penalty composed
of at least 3 periods. The several periods
must correspond to different divisible
penalties.

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Maximum SIMPLIFIED RULES:

Reclusion
Medium
temporal
Minimum Penalty for the The rules prescribed in pars. 4 and 5 of Art.
principal in the 61 may be simplified as follows:
Maximum
consummated (1) If the penalty prescribed by the Code
Prision
Medium felony consists in 3 periods, corresponding to
Mayor
Minimum Penalty for the different divisible penalties, the penalty
accomplice; or next lower in degree is the penalty
Maximum consisting in the 3 periods down in the
principal in
Prision scale.
Medium frustrated felony
Correccional
Minimum (2) If the penalty prescribed by the Code
consists in 2 periods, the penalty next
lower in degree is the penalty consisting
FIFTH RULE (a): When the penalty has in 2 periods down in the scale.
two periods (3) If the penalty prescribed by the Code
Ex. Prision correccional in its MINIMUM and consists in only 1 period, the penalty
MEDIUM periods next lower in degree is the next period
down in the scale.

Maximum
iii. Effects of Mitigating and Aggravating
Prision Medium The penalty Circumstances
correccional prescribed for
Minimum the felony
Maximum Art. 62. Effect of the attendance of
m itigating or aggravating
Arresto The penalty next circumstances and of habitual
Medium
Mayor lower delinquency.
Minimum Mitigating or aggravating circumstances
and habitual delinquency shall be taken
into account for the purpose of diminishing
FIFTH RULE (b): When the penalty has or increasing the penalty in conformity with
one period. the following rules:
Ex. Prision Mayor in its MAXIMUM period (3) Aggravating circumstances which in
If the penalty is any one of the three periods themselves constitute a crime specially
of a divisible penalty, the penalty next lower punishable by law or which are included
in degree shall be that period next following by the law in defining a crime and
the given penalty. prescribing the penalty therefor shall
not be taken into account for the
The penalty immediately inferior is prision purpose of increasing the penalty.
mayor in its MEDIUM period.
(4) The same rule shall apply with respect
to any aggravating circumstance
inherent in the crime to such a degree
that it must of necessity accompany the
commission thereof.
(5) Aggravating or mitigating
circumstances which arise from the

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moral attributes of the offender, or from
his private relations with the offended
party, or from any other personal cause,
shall only serve to aggravate or mitigate
the liability of the principals,
accomplices and accessories as to
whom such circumstances are
attendant.
(6) The circumstances which consist in the
material execution of the act, or in the
means employed to accomplish it, shall
serve to aggravate or mitigate the
liability of those persons only who had
knowledge of them at the time of the
execution of the act or their cooperation
therein.
(7) Habitual delinquency shall have the
following effects:
a. Upon a third conviction the culprit
shall be sentenced to the penalty
provided by law for the last crime
of which he be found guilty and to
the additional penalty of prision
correccional in its medium and
maximum periods;
b. Upon a fourth conviction, the
culprit shall be sentenced to the
penalty provided for the last crime
of which he be found guilty and to
the additional penalty of prision
mayor in its minimum and
medium periods; and
c. Upon a fifth or additional
conviction, the culprit shall be
sentenced to the penalty provided
for the last crime of which he be
found guilty and to the additional
penalty of prision mayor in its
maximum period to reclusion
temporal in its minimum period
(8) Notwithstanding the provisions of this
article, the total of the two penalties to
be imposed upon the offender, in
conformity herewith, shall in no case
exceed 30 years.
(9) For the purpose of this article, a person
shall be deemed to be habitual
delinquent, if within a period of ten
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CRIMINAL LAW
years from the date of his release or last
conviction of the crimes of serious or
less serious physical injuries, robo,
hurto, estafa or falsification, he is found
guilty of any of said crimes a third time
or oftener.
Aggravating circumstances which are not
considered for the purpose of increasing
the penalty:
(1) Those that constitute a separate
crime punishable by law.
(2) Those that are inherent in the crime
committed:
(3) Included by law in defining the
crime
(4) Inherent in the crime but of
necessity they accompany the
commission thereof
Aggravating or mitigating circumstances
that serve to aggravate or mitigate the
liability of the offender to whom such are
attendant. These are those arising from:
(1) Moral attributes of the offender
(2) His private relations with the
offended party
(3) Any other personal cause
(4) Aggravating or mitigating
circumstances that affect the
offenders only who had knowledge
of them at the time of the execution
of the act or their cooperation
therein.
W hat are the legal effects of
habitual delinquency?
Third conviction. The culprit is sentenced
to the penalty for the crime committed and
to the additional penalty of prision
correccional in its medium and maximum
period.
Fourth conviction. The penalty is that
provided by law for the last crime and the
UP LAW BOC
additional penalty of prision mayor in its
minimum and medium periods.
Fifth or additional conviction. The
penalty is that provided by law for the last
crime and the additional penalty of prision
mayor in its maximum period to reclusion
temporal in its minimum period.
Notes:
In no case shall the total of the 2 penalties
imposed upon the offender exceed 30 years.
The law does not apply to crimes described
in Art. 155.
The imposition of the additional penalty on
habitual delinquents are CONSTITUTIONAL
because such law is neither an EX POST
FACTO LAW nor an additional punishment
for future crimes. It is simply a punishment
on future crimes on account of the criminal
propensities of the accused.
The imposition of such additional penalties
is mandatory and is not discretionary.
Habitual delinquency applies at any stage
of the execution because subjectively, the
offender reveals the same degree of
depravity or perversity as the one who
commits a consummated crime.
It applies to all participants because it
reveals persistence in them of the
inclination to wrongdoing and of the
perversity of character that led them to
commit the previous crime.
Cases where attending aggravating
or m itigating circum stances are not
considered in the im position of
penalties
1) Penalty that is single and indivisible
2) Felonies through negligence
3) When the penalty is a fine
4) When the penalty is prescribed by a
special law.
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CRIMINAL LAW 1 CRIMINAL LAW
Art. 63. Rules for the application of indivisible
penalties.
In all cases in which the law prescribes a
single indivisible penalty, it shall be applied
by the courts regardless of any mitigating or
aggravating circumstances that may have
attended the commission of the deed.
In all cases in which the law prescribes a
penalty composed of two indivisible
penalties, the following rules shall be
observed in the application thereof:
1. When in the commission of
the deed there is present only one
aggravating circumstance, the greater
penalty shall be applied.
2. When there are neither
mitigating nor aggravating circumstances
in the commission of the deed, the lesser
penalty shall be applied.
3. When the commission of the
act is attended by some mitigating
circumstances and there is no aggravating
circumstance, the lesser penalty shall be
applied.
4. When both mitigating and
aggravating circumstances attended the
commission of the act, the court shall
reasonably allow them to offset one another
in consideration of their number and
importance, for the purpose of applying the
penalty in accordance with the preceding
rules, according to the result of such
compensation.
Rules for the application of
indivisible penalties:
1) Penalty is single and indivisible
The penalty shall be applied regardless of
the presence of mitigating or aggravating
circumstances.
Ex. reclusion perpetua or death
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

2) Penalty is composed of 2 W here the Penalty Is Not Composed

indivisible penalties of 3 Periods (Article 65)
a) One aggravating circumstance present: a. Compute and determine first the 3
HIGHER penalty periods of the entire penalty.
b) No mitigating circumstances present: b. The time included in the penalty
LESSER penalty prescribed should be divided into 3
c) Some mitigating circumstances present equal portions, after subtracting the
and no aggravating: LESSER penalty minimum (eliminate the 1 day) from the
d) Mitigating and aggravating maximum of the penalty.
circumstances offset each other c. The minimum of the minimum period
a. Basis of penalty: number and should be the minimum of the given
importance. penalty (including the 1 day).
• The quotient should be added to the
minimum prescribed (eliminate the
Rules for the application of
1 day) and the total will represent
DIVISIBLE PENALTIES (Article 64)
the maxium of the minimum
period.Take the maximum of the
1. No aggravating and No m itigating: minimum period, add 1 day and
MEDIUM PERIOD make it the minimum of medium
period; then add the quotient to the
2. One mitigating: MINIMUM PERIOD minimum (eliminate the 1 day) of
3. One aggravating: (but regardless of the medium period and the total
the number of aggravating circumstances, will represent the maximum of the
the courts cannot exceed the penalty medium period.
provided by law in its maximum period): • Take the maximum of the medium
MAXIMUM PERIOD period, add 1 day and make it the
4. Mitigating and aggravating minimum of the maximum period;
circum stances present: then add the quotient to the
minimum (eliminate the 1 day) of
to offset each other according to relative the maximum period and the total
weight will represent the maximum of the
5. Two or more m itigating and no maximum period.
aggravating:
one degree lower (has the effect of a Penalty to be imposed if the
privileged mitigating circumstance) requisites of accident (Art. 12 par 4)
are not all present (Article 67):

NOTE: Art. 64 does not apply to: GRAVE FELONY: arresto mayor maximum
period to prision correccional minimum
1) indivisible penalties period
2) penalties prescribed by special laws LESS GRAVE FELONY: arresto mayor
3) fines minimum period and medium period

4) crimes committed by negligence

Penalty to be im posed when the
crim e com m itted is not wholly
excusable (Article 69): One or two
degrees lowe , if the majority of the

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conditions for justification, or exemption in Using the above guidelines, the acts cannot
the cases provided in Arts. 11 and 12 are constitute a complex crime.
present.
Specifically, the alleged actions showing
People v. Lacanilao (1988): falsification of a public and/or a commercial
document were not necessary to commit
Incomplete fulfillment of duty is a privileged
estafa.
mitigating circumstance which not only
cannot be offset by aggravating Neither were the two crimes the result of a
circumstances but also reduces the penalty single act.
by one or two degrees than that prescribed
by law. The governing provision is Art. 69 of
the RPC. People v. Gonzalez (Supra)
Held:
Special rules for certain situations
The rules on the imposition of penalties for
complex crimes under Art. 48 of the Revised
Penal Code are not applicable in this case.
1. Complex Crimes
Art. 48 applies if a single act constitutes
Art. 48. Penalty for complex crimes. — When
two or more grave and less grave felonies or
a single act constitutes two or more grave
when an offense is a necessary means of
or less grave felonies, or when an offense is
committing another; in such a case, the
a necessary means for committing the
penalty for the most serious offense shall be
other, the penalty for the most serious crime
imposed in its maximum period.
shall be imposed, the same to be applied in
its maximum period. Considering that the offenses committed by
the act of the appellant of firing a single
The rule for complex crimes is to impose the
shot are: one count of homicide, a grave
penalty for the most serious offense in its
felony, and two counts of slight physical
MAXIMUM period.
injuries, a light felony, the rules on the
imposition of penalties for complex crimes,
which requires two or more grave and/or
Monteverde v. People (2002) less grave felonies, will not apply.
Monteverde was purportedly charged with
the complex crime of estafa through
falsification of a commercial document for People v. Com adre (2004):
allegedly falsifying the document she had
The single act by appellant of detonating a
submitted to show that the money donated
hand grenade may quantitatively constitute
by PAGCOR was used and spent for lighting
a cluster of several separate and distinct
materials for her barangay.
offenses, yet these component criminal
Held: offenses should be considered only as a
single crime in law on which a single
Under Article 48 of the Revised Penal Code,
penalty is imposed because the offender
a complex crime refers to:
was impelled by a “single criminal impulse”
1) the commission of at least two which shows his lesser degree of perversity.
grave or less grave felonies that
must both (or all) be the result of a
single act, or People v. Delos Santos (2001)
2) one offense must be a necessary Held:
means for committing the other (or
Considering that the incident was not a
others).
product of a malicious intent but rather the

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result of a single act of reckless driving,
Glenn should be held guilty of the complex
crime of reckless imprudence resulting in
multiple homicide with serious physical
injuries and less serious physical injuries.
The slight physical injuries caused by Glenn
to the ten other victims through reckless
imprudence, would, had they been
intentional, have constituted light felonies.
Being light felonies, which are not covered
by Article 48, they should be treated and
punished as separate offenses.
Separate informations should have,
therefore, been filed.
People v. Velasquez (2000)
Velasquez, poked a toy gun and forced
Karen to go with her at his grandmother’s
house.
Out of fear and not knowing that the gun
that Velasquez was holding is a mere toy,
Karen went with Velasquez.
Velasquez then raped Karen twice.
The trial court convicted Velasquez of two
counts of rape.
Held:
Considering that Velasquez forcibly
abducted Karen and then raped her twice,
he should be convicted of the complex
crime of forcible abduction with rape and
simple rape.
The penalty for complex crimes is the
penalty for the most serious crime which
shall be imposed in its maximum period.
Rape is the more serious of the two crimes
and is punishable with reclusion perpetua
under Article 266-A of the Revised Penal
Code and since reclusion perpetua is a
single indivisible penalty, it shall be
imposed as it is.
The subsequent rape committed by
Velasquez can no longer be considered as a
separate complex crime of forcible
abduction with rape but only as a separate
act of rape punishable by reclusion
CRIMINAL LAW 1 CRIMINAL LAW
perpetua.
2. Crimes Different from That Intended
Art. 49. Penalty to be imposed upon the
principals when the crime committed is
different from that intended. — In cases in
which the felony committed is different
from that which the offender intended to
commit, the following rules shall be
observed:
1. If the penalty prescribed for the felony
committed be higher than that
corresponding to the offense which the
accused intended to commit, the penalty
corresponding to the latter shall be
imposed in its maximum period.
2. If the penalty prescribed for the felony
committed be lower than that
corresponding to the one which the accused
intended to commit, the penalty for the
former shall be imposed in its maximum
period.
3. The rule established by the next
preceding paragraph shall not be
applicable if the acts committed by the
guilty person shall also constitute an
attempt or frustration of another crime, if
the law prescribes a higher penalty for
either of the latter offenses, in which case
the penalty provided for the attempted or
the frustrated crime shall be imposed in its
maximum period.
Either the crime committed be more grave
than the crime intended or the crime
intended be more grave than the crime
committed, the penalty to be imposed
should be the penalty for the lesser felony in
its MAXIMUM period.
Except: if the lesser felony constitutes an
attempt or frustration of another felony.
Example: If the crime intended was
homicide, but the crime committed was
parricide, the penalty to be imposed is the
penalty for homicide in its MAXIMUM period.
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Art. 49 does not apply to abberatio ictus
because in this case, there is a complex
crime committed under Art. 48: the crime
intended to be committed and the crime
actually committed [People v. Guillen, G.R.
No. L-1477 (1950)].
It also does not apply to praeter intentionem
because in this case, the crime befalls the
same person. Art. 49 has no application to
cases where a more serious consequence
not intended by the offender befalls the
same person [People v. Albuquerque, G.R.
No. 38773, (1933)].
3. Impossible Crimes
Art. 59. Penalty to be imposed in case of
failure to commit the crime because the
means employed or the aims sought are
impossible. — When the person intending to
commit an offense has already performed
the acts for the execution of the same but
nevertheless the crime was not produced by
reason of the fact that the act intended was
by its nature one of impossible
accomplishment or because the means
employed by such person are essentially
inadequate to produce the result desired by
him, the court, having in mind the social
danger and the degree of criminality shown
by the offender, shall impose upon him the
penalty of arresto mayor or a fine from 200
to 500 pesos.
Depending upon the social danger and the
degree of criminality shown by the offender,
the penalty for impossible crimes is arresto
mayor or fine of P200-P500.
4. Plural Crimes (supra)
Additional Penalty for Certain
Accessories
Art. 58. Additional penalty to be imposed
upon certain accessories.
Those accessories falling within the terms of
paragraphs 3 of Article 19 of this Code who
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should act with abuse of their public
functions, shall suffer the additional penalty
of absolute perpetual disqualification if the
principal offender shall be guilty of a grave
felony, and that of absolute temporary
disqualification if he shall be guilty of a less
grave felony.
Absolute perpetual disqualification if the
principal offender is guilty of a grave felony.
Absolute temporary disqualification if the
principal offender is guilty of a less grave
felony.
5. W here the Offender Is Below 18
Years
Art. 68. Penalty to be im posed upon
a person under eighteen years of age.
When the offender is a minor under
eighteen years and his case is one coming
under the provisions of the paragraphs next
to the last of Article 80 of this Code, the
following rules shall be observed:
1) Upon a person under fifteen but
over nine years of age, who is not
exempted from liability by reason of
the court having declared that he
acted with discernment, a
discretionary penalty shall be
imposed, but always lower by two
degrees at least than that
prescribed by law for the crime
which he committed.
2) Upon a person over fifteen and
under eighteen years of age the
penalty next lower than that
prescribed by law shall be imposed,
but always in the proper period.
PD No. 603. ART. 192. Suspension of
Sentence and Commitment of Youthful
Offender.
If after hearing the evidence in the proper
UP LAW BOC
proceedings, the court should find that the
youthful offender has committed the acts
charged against him the court shall
determine the imposable penalty, including
any civil liability chargeable against him.
However, instead of pronouncing judgment
of conviction, the court shall suspend all
further proceedings and shall commit such
minor to the custody or care of the
Department of Social Welfare, or to any
training institution until he shall have
reached twenty-one years of age or, for a
shorter period as the court may deem
proper, after considering the reports and
recommendations of the Department of
Social Welfare or the agency or responsible
individual under whose care he has been
committed.
The youthful offender shall be subject to
visitation and supervision by a
representative of the Department of Social
Welfare or any duly licensed agency or such
other officer as the court may designate
subject to such conditions as it may
prescribe.
Art. 68 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.
If 9 to 15 years only with discernment: at
least 2 degrees lower.
If 15 to 18 years old: penalty next lower
Except if the act is attended by two or more
mitigating and no aggravating
circumstance, the penalty being divisible, a
minor over 15 but under 18 years old may
still get a penalty two degrees lower.
Art. 68 provides for two of the PRIVILEGED
MITIGATING CIRCUMSTANCES.
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Indeterminate Sentence Law (RA
4103, as am ended)
The Indeterminate Sentence is
com posed of:
1. A MAXIMUM taken from the penalty
imposable under the penal code
(considering attendant
circumstances)
2. A MINIMUM taken from the penalty
next lower to that fixed in the code.
It is indeterminate in the sense that after
serving the minimum, the convict may be
released on parole, or if he is not fitted for
release, he shall continue serving his
sentence until the end of the maximum. 1
Purpose of the law: To uplift and
redeem valuable human material and
prevent unnecessary and excessive
deprivation of liberty and economic
usefulness.
It is necessary to consider the criminal first
as an individual, and second as a member
of the society.
The law is intended to favor the defendant,
particularly to shorten his term of
imprisonment, depending upon his behavior
and his physical, mental and moral record
as a prisoner, to be determined by the
Board of Indeterminate Sentence.
The settled practice is to give the accused
the benefit of the law even in crimes
punishable with death or life imprisonment
provided the resulting penalty, after
considering the attending circumstances, is
reclusion temporal or less.
1
Revisiting ISLAW by Atty. Harold Huliganga.
http://ca.judiciary.gov.ph/index.php?action=mn
uactual_contents&ap=j90210&p=y
 UP LAW BOC
ISL: Application on the imposed
sentence
If the crime is punishable by a
special law
If the crime is a violation of a special law, ISL
merely requires that the maximum term
thereof shall not exceed the maximum fixed
by the special law while the minimum shall
not be less than the minimum prescribed
therein.
However, where the penalty in the special
law adopts the technical nomenclature and
signification of the penalties under the
Revised Penal Code (RPC), such as “prision
mayor”, “prision correccional maximum”,
etc., the ascertainment of the indeterminate
sentence will be based on the rule intended
for those crimes punishable under the
RPC.*
If the crime is punishable by the
Revised Penal Code
1. The maximum is determined in
accordance with the rules and provisions
of the RPC exactly as if the ISL had never
been enacted.
Factors to be considered:
a. Penalty imposed for the crime
b. Extent of participation of the accused
(principal, accomplice, accessory)
c. Stage of execution (consummated,
frustrated, attempted)
d. Attendance of mitigating
aggravating circumstances
e. Entitlement of accused to a privileged
mitigating circumstance
2. The minimum depends upon the
court’s discretion with the limitation
that it must be within the range of the
penalty next lower in degree to that
prescribed by the Code for the offense
committed.
CRIMINAL LAW 1 CRIMINAL LAW
ISL: Coverage
The law does not apply to certain
offenders:
1. Those convicted of offenses punished
with death penalty or life imprisonment
2. Those convicted of treason, conspiracy
or proposal to commit treason
3. Those convicted of misprision of treason,
rebellion, sedition or espionage
4. Those convicted of piracy
5. Those who are habitual delinquents
(but applies to recidivists)
6. Those who shall have escaped from
confinement or evaded service of
sentence
7. Those who violated the terms of
conditional pardon granted to them by
the Chief Executive
8. Those whose maximum term of
imprisonment does not exceed one year
9. Those who, upon the approval of the
law, had been sentenced by final
judgment
10. Those sentenced to the penalty of
destierro or suspension
On No. 6: A minor who escaped from
confinement in the reformatory is entitled to
the benefits of the ISL because his
confinement is not considered
imprisonment.
or
Inapplicability to offenses punished
by reclusion pepetua
People v. Aquino (1998)
Persons convicted of offenses
punishablewith reclusion perpetua cannot
avail of the benefits of the Indeterminate
Sentence Law.
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People v. Saley (supra)
Under the Indeterminate Sentence Law,
a) the maximum term of the penalty
shall be "that which, in view of the
attending circumstances, could be
properly imposed" under the
Revised Penal Code,
b) and the minimum shall be "within
the range of the penalty next lower
to that prescribed" for the offense.
The penalty next lower should be based on
the penalty prescribed by the Code for the
offense, without first considering any
modifying circumstance attendant to the
commission of the crime.
The determination of the minimum penalty
is left by law to the sound discretion of the
court and it can be anywhere within the
range of the penalty next lower without any
reference to the periods into which it might
be subdivided.
The modifying circumstances are
considered only in the im position of
the m axim um term of the
indeterm inate sentence.
The fact that the amounts involved in the
instant case exceed P22,000.00 should not
be considered in the initial determination of
the indeterminate penalty;
instead, the matter should be so taken as
analogous to m odifying
circum stances in the im position of
the m axim um term of the full
indeterm inate sentence.
This interpretation of the law accords with
the rule that penal laws should be
construed in favor of the accused. Since the
penalty prescribed by law for the estafa
charge against accused-appellant is prision
correccional maximum to prision mayor
minimum, the penalty next lower would
then be prision correccional minimum to
medium. Thus, the minimum term of the
indeterminate sentence should be
anywhere within six (6) months and one (1)
day to four (4) years and two (2) months.
CRIMINAL LAW 1 CRIMINAL LAW
People v. Cam puhan (supra):
The penalty for attempted rape is two (2)
degrees lower than the imposable penalty
of death for the offense charged, which is
statutory rape of a minor below seven (7)
years.
Two (2) degrees lower is reclusion temporal,
the range of which is twelve (12) years and
one (1) day to twenty (20) years.
Applying the Indeterminate Sentence Law,
and in the absence of any mitigating or
aggravating circumstance, the maximum of
the penalty to be imposed upon the accused
shall be taken from the medium period of
reclusion temporal, the range of which is
fourteen (14) years, eight (8) months and (1)
day to seventeen (17) years and four (4)
months,
while the minimum shall be taken from the
penalty next lower in degree, which is
prision mayor, the range of which is from six
(6) years and one (1) day to twelve (12) years,
in any of its periods.
ISL: Conditions of parole
Section 6: Duty of the prisoner
released under this Code: Report
personally to such government officials or
other parole officers appointed by the Board
for a period of surveillance equivalent to the
remaining portion of the maximum
sentence imposed upon him or until final
release by the Board. If it is shown that he is
a law-abiding citizen and did not violate any
laws of the country, the Board may issue a
final certificate of release which will entitle
him to final release and discharge.
Section 8: Violations of the
conditions of the parole: If he/she
violates any of the conditions of the parole,
the Board may issue his warrant of arrest. If
captured/arrested, he shall serve the
remaining unexpired portion of the
maximum sentence for which he was
originally committed unless a new parole
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was granted.
Three-fold Rule
Art. 70. Successive service of sentence.
When the culprit has to serve two or more
penalties, he shall serve them
simultaneously if the nature of the penalties
will so permit otherwise, the following rules
shall be observed:
In the imposition of the penalties, the order
of their respective severity shall be followed
so that they may be executed successively
or as nearly as may be possible, should a
pardon have been granted as to the penalty
or penalties first imposed, or should they
have been served out.
For the purpose of applying the provisions
of the next preceding paragraph the
respective severity of the penalties shall be
determined in accordance with the
following scale:
(1) Death,
(2) Reclusion perpetua,
(3) Reclusion temporal,
(4) Prision mayor,
(5) Prision correccional,
(6) Arresto mayor,
(7) Arresto menor,
(8) Destierro,
(9) Perpetual absolute disqualification,
(10) Temporal absolute disqualification.
(11) Suspension from public office, the right
to vote and be voted for, the right to
follow a profession or calling, and
(12) Public censure
Notwithstanding the provisions of the rule
next preceding, the m axim um duration
of the convict's sentence shall not
be more than three-fold the length
of tim e corresponding to the m ost
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severe of the penalties imposed
upon him.
No other penalty to which he may be liable
shall be inflicted after the sum total of
those imposed equals the same maximum
period.
Such maximum period shall in no case
exceed forty years.
In applying the provisions of this rule the
duration of perpetual penalties shall be
computed at thirty years. (As amended).
Outline of the provisions of this
Article:
1. When the culprit has to serve 2 or
more penalties, he shall serve them
simultaneously if the nature of the
penalties will so permit.
2. Otherwise, the order of their respective
severity shall be followed.
In the Matter of the petition for Habeas
Corpus of Pete Lagran (2001)
The accused was convicted of 3 counts of
violating BP22 and was sentenced to
imprisonment of 1 year for each count. He
was detained on Feb. 24, 1999.
On Mar. 19, 2001, he filed a petition for
habeas corpus claiming he completed the
service of his sentence.
Citing Art. 70, RPC, he claimed that he shall
serve the penalties simultaneously. Thus,
there is no more legal basis for his
detention.
Held:
Art. 70 allows simultaneous service of two
or more penalties only if the nature of the
penalties so permit.
In the case at bar, the petitioner was
sentenced to suffer one year imprisonment
for every count of the offense committed.
The nature of the sentence does not allow
petitioner to serve all the terms
simultaneously.
UP LAW BOC
The rule of successive service of sentence
must be applied.
The penalties which can
simultaneously served are:
1. Perpetual absolute disqualification
2. Perpetual special disqualification
3. Temporary absolute disqualification
4. Temporary special disqualification
5. Suspension
6. Destierro
7. Public Censure
8. Fine and Bond to keep the peace
9. Civil interdiction
10. Confiscation and payment of costs
The above penalties, except destierro, can
be served simultaneously with
imprisonment.
Penalties consisting in deprivation of liberty
cannot be served simultaneously by reason
of the nature of such penalties.
Three-fold Rule: The maximum duration
of the convict’s sentence shall not be more
than three times the length of time
corresponding to the most severe of the
penalties imposed upon him.
The phrase “the most severe of the
penalties” includes equal penalties.
The three-fold rule applies only when the
convict has to serve at least four sentences.
All the penalties, even if by different courts
at different times, cannot exceed three-fold
the most severe.
The Rules of Court specifically provide that
any information must not charge more than
one offense.
Necessarily, the various offense punished
with different penalties must be charged
under different informations which may be
CRIMINAL LAW 1 CRIMINAL LAW
filed in the same court or in different courts,
at the same time or at different times.
Subsidiary imprisonment forms part of the
penalty.
be
Indemnity is a penalty.
Court must impose all the penalties for all
the crimes of which the accused is found
guilty, but in the service of the same, they
shall not exceed three times the most
severe and shall not exceed 40 years.
Mejorada v. Sandiganbayan (1987)
The petitioner was convicted of violating
Section 3(E) of RA No. 3019 aka the Anti-
Graft and Corrupt Practices Act.
One of the issues raised by the petitioner
concerns the penalty imposed by the
Sandiganbayan which totals 56 years and 8
days of imprisonment.
He impugns this as contrary to the three-
fold rule and insists that the duration of the
aggregate penalties should not exceed 40
years.
Held:
Petitioner is mistaken in his application of
the 3-fold rule as set forth in Art. 70 of the
RPC.
This article is to be taken into account not
in the im position of the penalty but
in connection with the service of the
sentence imposed.
Art. 70 speaks of “service” of sentence,
“duration” of penalty and penalty “to be
inflicted”.
Nowhere in the article is anything
mentioned about the “imposition of
penalty”.
It merely provides that the prisoner cannot
be made to serve more than three times the
most severe of these penalties the
maximum which is 40 years.
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Subsidiary Im prisonm ent
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 order:
1. The reparation of the damage caused.
2. Indemnification of consequential
damages.
3. The fine.
4. The cost of the proceedings.
Art. 39. Subsidiary Penalty. – If the convict
has no property with which to meet the fine
mentioned in paragraph 3 of the next
preceding article, he shall be subject to a
subsidiary personal liability at the rate of
one day for each amount equivalent to the
highest minimum wage rate prevailing in
the Philippines at the time of the rendition
of judgment of conviction by the trial court,
subject to the following rules:
1. If the principal penalty imposed be prision
correctional or arresto and fine, he shall
remain under confinement until his fine
referred in the preceding paragraph is
satisfied, but his subsidiary imprisonment
shall not exceed one-third of the term of the
sentence, and in no case shall it continue
for more than one year, and no fraction or
part of a day shall be counted against the
prisoner.
2. When the principal penalty imposed be
only a fine, the subsidiary imprisonment
shall not exceed six months, if the culprit
shall have been prosecuted for a grave or
less grave felony, and shall not exceed
fifteen days, if for a fight felony.
3. When the principal penalty imposed is
higher than prision correctional, no
subsidiary imprisonment shall be imposed
upon the culprit.
4. If the principal penalty imposed is not to
be executed by confinement in a penal
institution, but such penalty is of fixed
duration, the convict, during the period of
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CRIMINAL LAW
time established in the preceding rules,
shall continue to suffer the same
deprivations as those of which the principal
penalty consists.
5. The subsidiary personal liability which
the convict may have suffered by reason of
his insolvency shall not relieve him from the
fine in case his financial circumstances
should improve. (As amended by RA 10159,
approved on April 10, 2012)
Subsidiary penalty – it is 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 amount
equivalent to the highest minimum wage
rate prevailing in the Philippines at the time
of the rendition of judgment of conviction by
the trial court, subject to the rules provided
for in Article 39.
• An accused cannot be made to
undergo subsidiary imprisonment
in case of insolvency to pay the fine
imposed upon him when the
subsidiary imprisonment is not
imposed in the judgment of
conviction. (Ramos v. Gonong)
• A convict who has property not
exempt from execution sufficient
enough to meet the fine cannot
choose to serve the subsidiary
penalty.
• Subsidiary imprisonment is not an
accessory penalty.
H. EXECUTION AND SERVICE
i. Execution of Penalties
Art. 78. When and how a penalty is to be
executed
No penalty shall be executed except by
virtue of a final judgment.
A penalty shall not be executed in any other
form than that prescribed by law, nor with
UP LAW BOC
any other circumstances or incidents than
those expressly authorized thereby.
In addition to the provisions of the law,
special regulations prescribed for
government of the institutions in which
penalties are to be suffered shall
observed with regard to
• the character of the work to be
performed,
• the time of its performance, and
other incidents connected
therewith,
• the relations of the convicts among
themselves and other persons,
• the relief which they may receive,
and
• their diet.
The regulations shall make provision for the
separation of the sexes in different
institutions, or at least into different
departments and also for the correction and
reform of the convicts.
• The judgment must be final before
it can be executed, because the
accused may still appeal within 15
days from its promulgation.
• But if the defendant has expressly
waived in writing his right to appeal,
the judgment becomes final and
executory.
Art. 86. Reclusion perpetua, reclusion
temporal, prision mayor, prision correccional
and arresto mayor.
The penalties of reclusion perpetua,
reclusion temporal, prision mayor, prision
correccional and arresto mayor, shall be
executed and served in the places and
penal establishments provided by the
Administrative Code in force or which may
be provided by law in the future.
Art. 87. Destierro.
Any person sentenced to destierro shall not
CRIMINAL LAW 1 CRIMINAL LAW
be permitted to enter the place or places
designated in the sentence, nor within the
radius therein specified, which shall be not
the
more than 250 and not less than 25
the
kilometers from the place designated.
the
be Convict shall not be permitted to enter the
place designated in the sentence nor within
the radius specified,
• which shall not be more than
250 and not less than 25 km
from the place designated.
If the convict enters the prohibited area, he
commits evasion of sentence.
Destierro is imposed:
• When the death or serious physical
injuries is caused or are inflicted
under exceptional circumstances
(Art. 247);
• When a person fails to give bond for
good behavior (Art. 284);
• As a penalty for the concubine in
the crime of concubinage (Art. 334);
• When after lowering the penalty by
degrees, destierro is the proper
penalty.
ii. Service of the penalty of arresto
menor
Art. 88. Arresto menor.
The penalty of arresto menor shall be
served in the municipal jail, or in the
house of the defendant himself under
the surveillance of an officer of the
law, when the court so provides in its
decision, taking into consideration the
health of the offender and other reasons
which may seem satisfactory to it.
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iii. Suspension of Execution
Probation Law (PD 968,
am ended)
a. Definition of term s (Sec. 3)
Probation – a disposition under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by
the court and to the supervision of a
probation officer.
Probationer – a person placed on
probation
Probation officer – one who investigates
for the court a referral for probation or
supervises a probationer or both
(1) Purpose (Sec. 2)
a. Promote the correction and
rehabilitation of an offender by
providing him with individualized
treatment
b. Provide an opportunity for the
reformation of a penitent offender
which might be less probable if he
were to serve a prison sentence
c. Prevent the commission of offenses
Probation does not obliterate the
crim e for which the person has been
convicted.
Office of the Court Adm inistrator v.
Librado (1996):
Unlike pardon, probation does not
obliterate the crime of which the person
under probation has been convicted.
The image of the judiciary is tarnished by
conduct involving moral turpitude.
The reform and rehabilitation of the
probationer cannot justify his retention in
the government service.
CRIMINAL LAW 1 CRIMINAL LAW
(2) Grant of probation, manner and
conditions (Sec. 4)
as
Grant of probation
Subject to the provisions of this Decree, the
trial court may, after it shall have convicted
and sentenced a defendant and upon
application by said defendant within the
period for perfecting an appeal, suspend
the execution of the sentence and place the
defendant on probation for such period and
upon such terms and conditions as it may
deem best: Provided, That no
application for probation shall be
entertained or granted if the
defendant has perfected the appeal
from the judgm ent of conviction.
Probation may be granted whether the
sentence imposes a term of imprisonment
or a fine only. An application for probation
shall be filed with the trial court. The filing
of the application shall be deemed a waiver
of the right to appeal.
An order granting or denying probation
shall not be appealable.
Llam ado v. CA (1989):
In its present form, Section 4 of the
Probation Law establishes a much narrower
period during which an application for
probation may be filed with the trial court:
“after the trial court shall have convicted
and sentenced a defendant and – within the
period for perfecting an appeal”.
The provision expressly prohibits the grant
of an application for probation if the
defendant has perfected an appeal from the
judgment of conviction.
Petitioner’s right to apply for probation was
lost when he perfected his appeal from the
judgment of the trial court.
The trial court lost jurisdiction already over
the case.
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The law does not allow simultaneous specified in the order within 72
filing of application for probation hours from receipt of the order;
and appeal. The filing of application
b) Report to the probation officer at
for probation shall be deem ed a
least once a month at such time and
waiver of the right to appeal, and
place as specified by said officer.
vice-versa.
Note: These are the mandatory conditons.

Francisco v. CA
The court may also require the probationer
The Probation Law requires that an accused
to:
must not have appealed his conviction
before he can avail himself of probation. (1) Cooperate with a program of
supervision;
(2) Meet his family responsibilities;
However,
(3) Devote himself to a specific
Lagrosa vs. People (2003): A person who employment and not to change said
appeals his conviction for purposes of employment without the prior
reducing the penalty to that which is within written approval of the probation
the probationable limit may still apply for officer;
probation.
(4) Undergo medical, psychological or
psychiatric examination and
A person who appeals a judgment of treatment and enter and remain in a
conviction, when he did not have the specified institution, when required
option to apply for probation in the for that purpose;
first place, is not deem ed to have (5) Pursue a prescribed secular study or
forfeited his right to apply for vocational training;
probation. There was no right to
forteit yet. (6) Attend or reside in a facility
established for instruction,
recreation or residence of persons
Colinares v. People (2011) on probation;
Accused appealed an erroneous conviction (7) Refrain from visiting houses of ill-
(frustrated homicide; not probationable). repute;
SC found him guilty of a lesser crime (8) Abstain from drinking intoxicating
(attempted homicide; probationable). beverages to excess;
He cannot be barred from applying for (9) Permit the probation officer or an
probation by the fact that he already authorized social worker to visit his
appealed. home and place of work;
(10) Reside at premises approved by it
Conditions of probation (Sec. 10) and not to change his residence
without its prior written approval; or
Every probation order issued by the court
shall contain conditions requiring that the (11) Satisfy any other condition related
probationer shall: to the rehabilitation of the
defendant and not unduly restrictive
a) Present himself to the probation of his liberty or incompatible with
officer designated to undertake his his freedom of conscience.
supervision at such place as may be

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Note: These are the special or discretionary effectively by his commitment to an

conditions. institution.
2. There is undue risk that during the
probation, the offender will commit
Sec. 10 is not inclusive.
another crime.
Salgado v. CA (1990)
3. Probation will depreciate the
The conditions enumerated under Sec. 10 of seriousness of the offense committed.
the Probation Law are not inclusive. Courts
are allowed to impose practically any term
it chooses, the only limitation being that it (4) Disqualified offenders
does not jeopardize the constitutional rights
Probation under PD No. 968, as amended,
of the accused.
is intended for offenders who are 18 years of
Sec. 4. age and above, and who are not otherwise
disqualified by law.
“the trial court may… place the defendant
on probation for such period and upon Offenders who are disqualified are those:
such terms and conditions as it may
(1) Sentenced to serve a maximum
deem best.” term of imprisonment of m ore
The order of probation providing as one of than six years;
the conditions that the civil liability be paid
(2) Convicted of subversion or any
on a monthly basis (P2000/mo) did not
offense against the security of
increase or decrease the civil liability
the State, or the Public Order;
adjudged. It merely provided for the manner
of payment by the accused of his civil (3) Who have previously been
liability during the period of probation. convicted by final judgm ent of
an offense punished by
imprisonment of not less than one
(3) Criteria for placing an offender month and one day and/or a fine of
on probation (Sec. 8) not more than Two Hundred Pesos;
In considering whether an offender may be (4) Who have been once on
placed on probation, the court shall probation under the provisions of
consider all information relative to the: this Decree; and
1. character, (5) Who are already serving
sentence at the time the
2. antecedents, substantive provisions of PD 968
3. environment, became applicable pursuant to Sec.
33 hereof (Effectivity clause: PD
4. mental, and
968’s substantive provisions took
5. physical condition of the offender effect on 3 January 1978)
6. available institutional and
community resources
W hile application for probation is a
right, probation itself is a privilege.
Grant of probation may be denied if
the court finds that:
1. The offender is in need of correctional
treatment that can be provided most

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The Probation Law does not apply to
Drug Traffickers and Pushers.
Sec. 24 of RA 9165 (The Comprehensive
Dangerous Drugs Act) states that:
Any person convicted for drug trafficking or
pushing under this Act, regardless of the
penalty imposed by the Court, cannot avail
of the privilege granted by the Probation
Law or Presidential Decree No. 968, as
amended.
Probation is an alternative to
im prisonm ent of a juvenile.
Sec. 42 of RA 9344 (Juvenile Justice and
Welfare Act) states that:
The court may, after it shall have convicted
and sentenced a child in conflict with law,
and upon application at any time, place the
child under probation in lieu of service
of his/her sentence taking into account
the best interest of the child.
(5) Period of probation (Sec. 14)
a. If the convict is sentenced to
imprisonment of not more than one
year, probation shall not exceed two
years.
b. If s/he is sentenced to more than one
year, probation shall not exceed six
years.
c. If s/he is sentenced to a fine only and
s/he is made to suffer subsidiary
imprisonment, probation shall be not
less than nor more than twice the
total days of subsidiary imprisonment.
(6) Arrest of probationer (Sec. 15)
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. The probationer,
once arrested and detained, shall
immediately be brought before the court for
a hearing of the violation charged. The
defendant may be admitted to bail pending
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CRIMINAL LAW
such hearing. In such case, the provisions
regarding release on bail of persons
charged with a crime shall be applicable to
probationers arrested under this provision.
In the hearing, which shall be summary in
nature, the probationer shall have the right
to be informed of the violation charged and
to adduce evidence in his favor. The court
shall not be bound by the technical rules of
evidence but may inform itself of all the
facts which are material and relevant to
ascertain the veracity of the charge. The
State shall be represented by a prosecuting
officer in any contested hearing. If the
violation is established, the court may
revoke or continue his probation and modify
the conditions thereof. If revoked, the court
shall order the probationer to serve the
sentence originally imposed. An order
revoking the grant of probation or
modifying the terms and conditions thereof
shall not be appealable.
(7) Termination of probation (Sec. 16)
After the period of probation and upon
consideration of the report and
recommendation of the probation officer,
the court may order the final discharge of
the probationer upon finding that he has
fulfilled the terms and conditions of his
probation and thereupon, the case is
deemed terminated.
The final discharge of the probationer shall
operate to restore to him all civil rights lost
or suspended as a result of his conviction
and to fully discharge his liability for any
fine imposed as to the offense for which
probation was granted.
The probationer and the probation officer
shall each be furnished with a copy of such
order.
The expiration of the probation period alone
does not automatically terminate probation.
Probation is not coterminous with its period.
There must first be issued by the court, an
order of final discharge based on the report
and recommendation of the probation
officer. Only from such issuance can the
UP LAW BOC
case of the probationer be deemed
terminated. [Bala v. Martinez]
iv. Suspension of the execution and
service of the penalties in case of
insanity
Art. 79. When a convict shall become insane
or an imbecile after final sentence has been
pronounced, the execution of said sentence
shall be suspended only with regard to the
personal penalty, the provisions of the
second paragraph of circumstance number
1 of Article 12 being observed in the
corresponding cases.
If at any time the convict shall recover his
reason, his sentence shall be executed,
unless the penalty shall have prescribed in
accordance with the provisions of this Code.
The respective provisions of this section
shall also be observed if the insanity or
imbecility occurs while the convict is serving
his sentence.
An accused may become insane:
1. At the time of commission of the
crime - He is exempt from criminal
liability (Art. 12 par. 1)
2. At the time of the trial - The Court
shall suspend the proceedings and
order his confinement in a hospital
until he recovers his reason.
3. At the time of final judgment or
while serving sentence
Execution is suspended with regard to the
personal penalty only. If he recovers his
reason, his sentence shall be executed,
unless the penalty has prescribed.
Payment of his civil or pecuniary
liabilities shall not be suspended.
Minority (Art. 80 of the RPC has been
repealed by PD 603, as amended, and RA
9344)
CRIMINAL LAW 1 CRIMINAL LAW
Juvenile Justice and W elfare Act of
2006 (RA 9344); Child and Youth
W elfare Code (PD 603, as amended)
See also discussion of RA 9344 under
Exempting Circumstances
Definition of child in conflict with
the law (Sec. 4)
Child in conflict with the law – A child
who is alleged as, accused of, or adjudged
as, having committed an offense under
Philippine laws
Child – a person under 18 years
a. Exemption from crim inal liability
1. Child 15 years of age or under at the
time of the commission of the offense =
EXEMPT from criminal liability
• However, the child shall be
subjected to an intervention
program (per Sec. 20 of RA 9344)
2. Child above 15 years but below 18
years of age (15 ≤ Age of child at time of
commission of offense ≤ 18) = EXEMPT from
criminal liability and subjected to
intervention program
• UNLESS the child acted with
discernment, in which case, such
child shall be subjected to the
appropriate proceedings in
accordance with RA 9344
Exemption from criminal liability herein
established does not include exemption
from civil liability, which shall be enforced in
accordance with existing laws. (Sec. 6, RA
9344)
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Minimum age of criminal training institution

responsibility operated by the
government, or duly
PD 603 RA 9344
licensed agencies or
Sec. 189. EXEMPT Child 15 years of age any other
from criminal or under shall be responsible person,
liability: exempt from until he shall have
criminal liability, reached 21 years of
1. Child 9 years of
regardless of age or, for a shorter
age or under at time
whether or not s/he period as the court
of commission of
acted with may deem proper.
offense
discernment
2. 9 ≤ Age of child at
time of commission Suspension of sentence
of offense ≤ 15
PD 603 (Sec. RA 9344
(UNLESS s/he acted
193)
with discernment) Suspension of
No automatic sentence is
suspension of automatic.
Discernm ent sentence.
Once the child under
PD 603 (Secs. RA 9344 The youthful 18 is found guilty of
189 & 192) offender should the offense charged,
Child above 15 years
apply for a the court shall
Child over 9 years but below 18 years
suspended sentence determine and
and under 15 years of age who acted
and it is ascertain any civil
of age who acted w/ with discernment
discretionary on the liability. However,
discernment – court shall be subjected to
court to approve the instead of
shall determine the appropriate
application. The pronouncing the
imposable penalty, proceedings in
order of the court judgment of
including any civil accordance with the
denying an conviction, the court
liability chargeable Act.
application for shall place the child
against him.
suspension of in conflict with law
However, instead of sentence shall not under suspended
pronouncing be appealable. sentence, without
judgment of need of application.
conviction, the court,
Suspension of
upon application of
sentence shall be
the youthful offender
applied even if the
and if it finds that
juvenile is already 18
the best interest of
years of age or more
the public as well as
at the time of the
that of the offender
pronouncement of
will be served
his/her guilt. (Sec.
thereby, may
38, RA 9344)
suspend all
further The suspension of
proceedings and sentence lasts only
shall commit until the child in
such minor to the conflict with law
custody or care of reaches the
the DSWD or to any maximum age of 21.

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Juvenile Justice and W elfare System annually by the LGUs in coordination with
the LCPC. Results of the assessment shall
– refers to a system dealing with children at
be submitted by the provincial and city
risk and children in conflict with the law,
governments to the JJWC not later than
which provides child-appropriate
March 30 of every year. [Sec. 18, RA9344]
proceedings, including programs and
services for prevention, diversion,
rehabilitation, re-integration and aftercare
Community-based Programs on
to ensure their normal growth and
Juvenile Justice and W elfare
development. [Sec. 4(m), RA 9344]
Community-based programs on juvenile
justice and welfare shall be instituted by the
Diversion – refers to an alternative, child- LGUs through the LCPC, school, youth
appropriate process of determining the organizations and other concerned agencies.
responsibility and treatment of a child in The LGUs shall provide community-based
conflict with the law on the basis of his/her services which respond to the special needs,
social, cultural, economic, psychological, or problems, interests and concerns of
educational background without resulting children and which offer appropriate
to formal court proceedings. counselling and guidance to them and their
families. These programs shall consist of
Diversion Program – refers to the
three levels:
program that the child in conflict with the
law is required to undergo after he/she is (a) Primary intervention includes general
found responsible for an offense without measures to promote social justice and
resorting to formal court proceedings. [Sec. equal opportunity, which tackle perceived
4(j), RA 9344] root causes of offending;
(b) Secondary intervention includes
measures to assist children at risk; and
Developm ent of a Com prehensive
Juvenile Intervention Program (c) Tertiary intervention includes measures
to avoid unnecessary contact with the
(1) A Comprehensive juvenile intervention
formal justice system and other measures
program covering at least a 3-year period
to prevent re-offending. [Sec. 19, RA 9344]
shall be instituted in LGUs from the
barangay to the provincial level.
(2) The LGUs shall set aside an amount System of Diversion
necessary to implement their respective
Children in conflict with the law shall
juvenile intervention programs in their
undergo diversion programs without
annual budget.
undergoing court proceedings subject to
(3) The LGUs, in coordination with the LCPC, the conditions herein provided:
shall call on all sectors concerned,
(a) Where the imposable penalty for the
particularly the child-focused institutions,
crime committed is not more than six (6)
NGOs, people's organizations, educational
years imprisonment, the law enforcement
institutions and government agencies
officer or Punong Barangay with the
involved in delinquency prevention to
assistance of the local social welfare and
participate in the planning process and
development officer or other members of
implementation of juvenile intervention
the LCPC shall conduct mediation, family
programs. Such programs shall be
conferencing and conciliation and, where
implemented consistent with the national
appropriate, adopt indigenous modes of
program formulated and designed by the
conflict resolution in accordance with the
JJWC. The implementation of the
best interest of the child with a view to
comprehensive juvenile intervention
accomplishing the objectives of restorative
program shall be reviewed and assessed

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justice and the formulation of a diversion

program. The child and his/her family shall V. Modification and
be present in these activities.
(b) In victimless crimes where the imposable
Extinction of Criminal
penalty is not more than six (6) years
imprisonment, the local social welfare and
Liability
development officer shall meet with the
child and his/her parents or guardians for Two kinds of extinguishment of criminal
the development of the appropriate liability:
diversion and rehabilitation program, in
coordination with the BCPC;
(c) Where the imposable penalty for the A. Total Extinguishment
crime committed exceeds six (6) years 1. By prescription of crime
imprisonment, diversion measures may be
resorted to only by the court. [Sec. 23, RA 2. By prescription of penalty
9344] 3. By the death of the convict
4. By service of sentence
5. By amnesty
6. By absolute pardon
7. By the marriage of the offended
woman and the offender in the
crimes of rape, abduction, seduction
and acts of lasciviousness. (Art.
344)

B. Partial Extinguishment
1. By conditional pardon (Art. 95)
2. By commutation of sentence (Art.
96)
3. For good conduct, allowances which
the culprit may earn while he is
serving sentence (Art. 97)
4. By parole
5. By probation

Important: The Supreme Court ruled that

re-election to public office is not one of the
grounds by which criminal liability is
extinguished. This is only true in
administrative cases but not in criminal
cases.

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A. PRESCRIPTION OF CRIMES; 5. Oral defamation and

6 months
PRESCRIPTION OF VIOLATIONS OF slander by deed
SPECIAL LAWS (ACT NO. 3326) 6. Simple slander 2 months
7. Grave slander 6 months
Definition: The forfeiture or loss of the 8. Light offenses 2 months
right of the State to prosecute the
offender, after the lapse of a certain period 9. Crimes punishable
of time. by fines
General rule: Prescription of the crime a) Fine is afflictive 15 years
begins on the day the crime was committed. b) Fine is correctional 10 years
Exception: The "blameless ignorance" c) Fine is light 2 months
doctrine, incorporated in Section 2 of Act No.
3326, under which "the statute of Note: Subsidiary penalty for
limitations runs only upon discovery of the nonpayment not considered
fact of the invasion of a right which will in determining the period
support a cause of action. The courts would Note: When fine is an
decline to apply the statute of limitations alternative penalty higher
where the plaintiff does not know or has no than the other penalty which is
reasonable means of knowing the existence by imprisonment, prescription
of a cause of action." xxx Thus, we held in a of the crime is based on the
catena of cases, that if the violation of the fine.
special law was not known at the time of its
commission, the prescription begins to run
only from the discovery thereof, i.e., Prescriptive periods under special
discovery of the unlawful nature of the laws and m unicipal ordinances (Act
constitutive act or acts. [Presidential Ad- 3763, am ending Act 3326)
Hoc Fact Finding Committee on Behest
Loans vs. Ombudsman Desierto, (2011)] Offenses punished only by fine or
imprisonment for not more than 1 year
one month or both
A.1. PRESCRIPTIVE PERIODS OF CRIMES
Imprisonment for more than one
1. Crimes punishable by 4 years
month, but less than two years
death, reclusion perpetua 20 years
or reclusion temporal Imprisonment for two years but
8 years
less than six years
2. Afflictive penalties 15 years
Imprisonment for six years or 12
10 years more years
3. Correctional penalties 5 years Offenses under Internal Revenue
5 years
Law
Note: Those punishable by
arresto mayor The Violations of municipal 2
Note: When the penalty highest ordinances m onths
fixed law is a compound penalty Violations of the regulations or
one shall be conditions of certificate of 2
made a convenience by the Public Service m onths
basis Commission
4. Libel 1 year

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Note: Not applicable where the special law Prescriptive Periods of Penalties
provides for its own prescriptive period
Death and reclusion perpetua 20 years
Other afflictive penalties 15 years
Computation of Prescription of
Offenses (Art. 91) Correctional penalties 10 years

1. Commences to run from the day on Note: If arresto mayor 5 years

which the crime is discovered by Light penalties 1 year
the offended party, the authorities or
their agents.
2. Interrupted by the filing of A.3. COMPUTATION OF PRESCRIPTION
com plaint or inform ation OF PENALTIES (ART. 93)
Elements:
3. It shall commence to run again when
such proceedings terminate without 1. Penalty is imposed by final
the accused being convicted or judgment
acquitted, or unjustifiably stopped for
2. Convict evaded service of sentence
any reason not imputable to the
by escaping during the term of his
accused.
sentence
Note: Termination must be FINAL as to
3. The convict who has escaped from
amount to a jeopardy that would bar a
prison has not given himself up, or
subsequent prosecution.
been captured, or gone to a foreign
4. The term of prescription shall country with which we have no
not run when the offender is extradition treaty, or committed
absent from the Philippine another crime
archipelago.
4. The penalty has prescribed because
5. For continuing crim es, of the lapse of time from the date of
prescriptive period cannot the evasion of service of the
begin to run because the crime sentence by the convict.
does not end.
Period com m ences to run from the date
when the culprit evaded the service of
sentence.
A.2. PRESCRIPTION OF PENALTIES
Definition: The loss or forfeiture of the Del Castillo v. Torrecampo (2002)
right of the government to execute the "Escape" in legal parlance and for purposes
final sentence after the lapse of a certain of Articles 93 and 157 of the RPC means
period of time. unlawful departure of prisoner from the
Difference between Prescription of limits of his custody. Clearly, one who has
Crime and Prescription of the not been committed to prison cannot be
Penalty said to have escaped therefrom.
Prescription of the Prescription is interrupted when:
Prescription of crime
penalty
• The convict gives himself up.
Forfeiture of the Forfeiture of the
• The convict Is captured.
right of the State to right to execute the
prosecute after a final sentence after • The convict goes to a foreign
lapse of a certain the lapse of a certain country with which the Philippines
time time has no extradition treaty.

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• The convict commits any crime
before the expiration of the period
of prescription.
Question: What happens in cases where
our government has extradition treaty with
another country but the crime is not
included in the treaty?
Answer: It would interrupt the running of
the prescriptive period.
Question: What is the effect of the
acceptance of the convict of a conditional
pardon?
Answer: It would interrupt the running of
the prescriptive period.
Question: What happens if the culprit is
captured but he evades again the service
of his sentence?
Answer: The period of prescription that ran
during the evasion is not forfeited. The
period of prescription that has run in his
favor should be taken into account.
B. DEATH
Death of the accused pending appeal of his
conviction extinguishes his criminal liability
as well as the civil liability based solely
thereon. However, the claim of civil liability
survives notwithstanding the death of the
accused, if the same may also be predicated
on a source of obligation other than delict,
such as law, contracts, quasi-contracts and
quasi-delicts. [People v. Bayotas, (1994)]
C. PARDON BY OFFENDED PARTY
Art. 23. Effect of pardon by the
offended party. — A pardon of the
offended party does not extinguish criminal
action except as provided in Article 344 of
this Code; but civil liability with regard to
CRIMINAL LAW 1 CRIMINAL LAW
the interest of the injured party is
extinguished by his express waiver.
This article states the extent of a pardon
made by the offended party. Under this
article, a pardon does not extinguish the
criminal liability of an offender except for
cases under Article 344 (Prosecution of the
crimes of adultery, concubinage, seduction,
abduction, rape and acts of lasciviousness).
However, the civil liability with regard to the
interest of the injured party is extinguished.
Reason: A crime committed is an offense
against the State. Only the Chief Executive
can pardon the offenders.
In criminal cases, the intervention of the
aggrieved parties is limited to being
witnesses for the prosecution.
D. PARDON BY THE CHIEF EXECUTIVE
D.1. ABSOLUTE PARDON
It is an act of grace, proceeding from the
power entrusted with the execution of the
laws. It exempts the individual from the
penalty of the crime he has committed.
Monsanto v Factoran (1989):
1. Absolute pardon does not ipso facto
entitle the convict to reinstatement to the
public office forfeited by reason of his
conviction.
2. Although pardon restores his eligibility
for appointment to that office, the pardoned
convict must reapply for a new
appointment.
D.2. CONDITIONAL PARDON
If delivered and accepted, it is a contract
between the executive and the convict that
the former will release the latter upon
compliance with the condition. One usual
condition is “not again violate any of the
penal laws of the country”.
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Obligations incurred by a person granted D.4. LIMITATIONS UPON THE

conditional pardon:
EXERCISE OF PARDONING POWER
1. He must comply strictly with the 1. That the power can be exercised only
conditions imposed in the pardon. after conviction.
2. Failure to comply shall result to a a. Thus in applying for pardon,
recovation of the pardon. The Chief the convict must not appeal
Executive may order his arrest and the judgment of conviction
reincarceration. or the appeal must be
3. He becomes liable under Art. 159. abandoned.
2. That such power does not extend to
cases of impeachment. (Cristobal v.
Conditional pardon is limited to the Labrador).
unserved portion of the sentence, unless an
intention to extend it beyond that time is NOTE: The pardoning power of the
manifest. (Infante v. Wardern) President cannot be limited by legislative
action. Article 36-41 only operates as a
The third preambular phrase of a pardon, procedural proscription. (Risos-Vidal v.
i.e., " "[w]hereas, Joseph Ejercito Estrada COMELEC)
has publicly committed to no longer seek
any elective position or office, does not Pardon by the Chief Pardon by the
make the pardon conditional x x x as the Executive offended party
pardon itself does not explicitly impose a Extinguishes the Does not extinguish
condition or limitation, considering the criminal liability of criminal liability.
unqualified use of the term "civil and the offender. Although it may
political rights" as being restored. constitute a bar to
Jurisprudence educates that a preamble is the prosecution of
not an essential part of an act as it is an the: (1) crimes of
introductory or preparatory clause that seduction, abduction
explains the reasons for the enactment. and acts of
[Risos-Vidal v. COMELEC (2015), J. lasciviousness; and
Leonardo-De Castro) (2) in adultery and
concubinage, by the
express or implied
D.3. EFFECTS OF PARDON OF THE pardon by the
PRESIDENT (ARTICLE 36) offended spouse,
and and (3) rape, by
1. A pardon shall not restore the right to the subsequent valid
hold public office or the right of suffrage. marriage between
the offender and the
Exception: When any or both such rights offended party.
is or are expressly restored by the terms of
Cannot include civil The offended party
the pardon.
liabilities which the can waive the civil
offender must pay. liability which the
offender must pay.
2. It shall not exempt the culprit from the
Conditional or Cannot be
payment of the civil indemnity. The
Absolute conditional
pardon cannot make an exception to
Granted only after Pardon should be
this rule.
the conviction. given before the
institution of
criminal prosecution.

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E. AMNESTY not only the conviction but also the crime

itself.

An act of the sovereign power granting An offender who was convicted of

oblivion or general pardon for a past rebellion, given an am nesty, and
offense. who subsequently rebelled and was
convicted again is not a recidivist.
It is granted to classes of persons or
communities who may be guilty of political He is not a recidivist because the amnesty
offenses, generally before or after the granted to him erased not only the
institution of the criminal prosecution and conviction but also the effects of the
sometimes after conviction. [People v. conviction itself.
Caisido, 1997] Suppose, instead of amnesty, what was
Erases not only the conviction but the crime given was absolute pardon, then years later,
itself. the offender was again captured and
charged for rebellion, he was convicted, is
he a recidivist?
Difference between Am nesty and Yes. Pardon, although absolute, does not
Absolute Pardon erase the effects of conviction. Pardon only
AMNESTY ABSOLUTE PARDON excuses the convict from serving the
sentence.
Blanket pardon to Includes any crime
classes of persons and is exercised
guilty of political individually W hen pardon may erase the effects
offenses of conviction:
May still be The person is When the pardon was granted when the
exercised before already convicted convict had already served the
trial or investigation sentence such that there is no more
service of sentence to be executed .
Looks backward. It Looks forward. He is
The pardon then shall be understood as
is as if he has relieved from the
intended to erase the effects of the
committed no consequences of the
conviction.
offense. offense, but rights
are not restored So if the convict has already served the
unless explicitly sentence and in spite of that he was given a
provided by the pardon, that pardon will cover the effects of
terms of the pardon. the crime. Therefore, if he will be
subsequently convicted for a felony
Both do not extinguish civil liability.
embracing the same title as that crime, he
Public act which the Private act of the cannot be considered a recidivist, because
court shall take President and must the pardon wipes out the effects of the
judicial notice of be pleaded and crime.
proved by the person But if he was serving sentence when he was
pardoned pardoned, that pardon will not wipe out the
Valid only when Valid if given either effects of the crime, unless the language of
there is final before or after final the pardon absolutely relieves the offender
judgment judgment of all the effects thereof. Considering that
recidivism does not prescribe, no matter
how long ago was the first conviction, he
The effects of amnesty as well as absolute shall still be a recidivist.
pardon are not the same. Amnesty erases

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CRIMINAL LAW
CRIMINAL LAW 2

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I. Crimes against National Security
II. Crimes against Fundamental Laws of the
State
III. Crimes against Public Order
IV. Crimes against Public Interest
V. Crimes relative to Opium and other
Prohibited Drugs
VI. Crimes against Public Morals
VII. Crimes committed by Public Officers
VIII. Crimes against Persons
IX. Crimes against Personal Liberty and
Security
X. Crimes against Property
XI. Crimes against Chastity
XII. Crimes against Civil Status
XIII. Crimes against Honor
XIV. Criminal Negligence
CRIMINAL LAW 2 CRIMINAL LAW
Title I. Crimes against
National Security and
the Law of Nations
Crimes against Security:
(1) Art. 114: Treason
(2) Art. 115: Conspiracy and Proposal to
Commit Treason
(3) Art. 116: Misprision of Treason
(4) Art. 117: Espionage
Crimes against The Law of Nations
(1) Art. 118: Inciting to War or Giving Motives
for Reprisals
(2) Art. 119: Violation of Neutrality
(3) Art. 120: Correspondence with Hostile
Country
(4) Art. 121: Flight to Enemy’s Country
(5) Art. 122: Piracy in General and Mutiny on
the High Seas or in Philippine Waters
(6) Art. 123: Qualified Piracy
The crimes under this title can be prosecuted
even if the criminal act or acts were
committed outside the Philippine territorial
jurisdiction.
This is one of the instances where the RPC
may be given extra-territorial
application under Article 2 (5) thereof.
However, prosecution can proceed only if the
offender is:
(1) within Philippine territory, or
(2) brought to the Philippines pursuant to an
extradition treaty.
Crimes against national security can be
tried only in the Philippines, as there is a
need to bring the offender here before he can
be made to suffer the consequences of the
law.
In the case of crim es against the law of
nations, the offender can be prosecuted
wherever he may be found because the
crimes are regarded as committed against
humanity in general.
The acts against national security may be
committed abroad and still be punishable
under our law.
PAGE 145 OF 342
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General rule: Almost all of these are
crimes committed only in times of war.
Exceptions: The following can be
committed in times of peace:
(1) Espionage [Art 117] – This is also covered
by Commonwealth Act No. 616 which
punishes conspiracy to commit espionage.
(2) Inciting to War or Giving Motives for
Reprisals [Art 118] – This can be
committed even if the Philippines is not a
participant.
(3) Violation of Neutrality [Art. 119] – The
Philippines is not a party to an on-going
war.
CRIMES AGAINST NATIONAL
SECURITY
ARTICLE 114 - TREASON
Mode 1: Levying W ar
Elements:
(a) Offender is a Filipino or resident alien
(b) There is a war in which the Philippines is
involved
(c) The offender levies war against the
government
Mode 2: Adherence to the Enem y and
Giving of Aid or Comfort
Elements:
(a) Offender is a Filipino or resident alien
(b) There is a war in which the Philippines is
involved
(c) That the offender adheres to the enemies,
giving them aid or comfort
Treason is a breach of allegiance to a
government, committed by a person who
owes allegiance to it. It cannot be committed
in times of peace. There are two ways of
committing treason:
(1) By levying war against the Government;
and
(2) By adhering to the enemies of the
Philippines, giving them aid or comfort.
[Reyes, 2012]
Allegiance - obligation of fidelity and
obedience which the individuals owe to the
government under which they live or to their
sovereign, in return for the protection they
receive [Reyes, 2012; citing 52 Am. Jur. 797]
PAGE 146 OF 342
CRIMINAL LAW
Extent of Aid or Comfort
To be treasonous, the extent of aid and
comfort given to the enemies must be to
render assistance to them as enemies and
not as individuals, in the furtherance of the
enemies’ hostile designs. [People vs. Perez]
Intent of disloyalty is a vital ingredient in the
crime of treason, which in the absence of
admission may be gathered from the nature
and circumstances of each particular case.
[People vs. Perez]
Mode 1: Levying W ar
Requirements:
(1) actual assembling of men;
(2) for the purpose of executing a
treasonable design by force.
There must be an actual assembling of men.
The mere acceptance of the commission from
the secretary of war of the Katipunan by the
accused, nothing else having been done, was
not an overt act of treason within the
meaning of the law. [U.S. vs. De los Reyes]
The levying of war must be directed against
the government. It must be with intent to
overthrow the government as such, not
merely to resist a particular statute or to
repel a particular officer. [Reyes, 2012, citing 3
Wharton’s Criminal Law, 12th Ed.]
The levying of war must be in collaboration
with a foreign enemy. If the levying of war is
merely a civil uprising, without any intention
of helping an external enemy, the crime is not
treason. The offenders may be held liable for
rebellion under Article 135 in relation to
Article 134 of the RPC. [Reyes, 2012]
Mode 2: Adherence to the Enemy
Adherence and giving aid or comfort to the
enemy must concur. Adherence to the
enemy means an intent to betray. There is
adherence to the enemy when a citizen
intellectually or emotionally favors the enemy
and harbors sympathies or convictions
disloyal to his own country’s policy or interest.
Aid or comfort means an act which
strengthens or tends to strengthen the
enemy in the conduct of war against the
traitor’s country and an act which weakens or
tends to weaken the power of the traitor’s
UP LAW BOC
country to resist or to attack the enemy.
[Cramer vs. US]
When there is no adherence to the enemy, the
act which may do aid or comfort to the enemy
does not amount to treason. [Reyes, 2012]
Specific Acts of Aid or Com fort
Constituting Treason
(1) Serving as informer and active member of
the Japanese Military Police, arresting
guerilla suspects to suppress the
underground movement [People vs.
Fernando]
(2) Serving in the Japanese Army as agent or
spy and participating in the raid of
guerrilla hideout [People vs. Muñoz, et al.]
(3) Acting as “finger woman” when a barrio
was “zonified” by the Japanese, pointing
out to the Japanese several men whom
she accused as guerrillas [People vs.
Nuñez]
(4) Taking active part in the mass killing of
civilians by the Japanese soldiers by
personally tying the hands of the victims
[People vs. Canibas]
(5) Mere fact of having joined a Makapili
organization is evidence of both
adherence to the enemy and giving him
aid and comfort. Unless forced upon one
against his will, membership in the
Makapili organization imports
treasonable intent, considering the
purpose for which the organization was
created [People vs. Adriano]
Acts not constituting treason
(1) “Commandeering" of women to satisfy
the lust of Japanese officers or men or to
enliven the entertainments held in their
honor, even though the women and the
entertainments helped to make life more
pleasant for the enemies and boost their
spirit. Sexual and social relations with the
Japanese did not directly and materially
tend to improve their war efforts or to
weaken the power of the US. [People vs.
Perez, supra]
(2) Acceptance of public office and discharge
of official duties under the enemy [People
vs. Sison]
The overt act of aid and comfort to the enemy
must be intentional, as distinguished from
CRIMINAL LAW 2 CRIMINAL LAW
merely negligent or undesigned ones.
[Cramer vs. US]
General Rule: When the killings and other
common crimes are charged as overt acts of
treason, they cannot be regarded: (1) as
separate crimes, or (2) as complexed with
treason.
Exception: But this rule would not preclude
the punishment of murder or other common
crimes as such, if the prosecution should
elect to prosecute the culprit specifically for
these crimes, instead of relying on them as an
element of treason. [People vs. Prieto]
Treason by a Filipino citizen can be
committed outside of the Philippines.
Treason by an alien must be committed in the
Philippines.
The crime of treason is of such a nature that it
may be committed by one single act, by a
series of acts, or by several series thereof, not
only in a single time, but in different times, it
being a continuous crime. [People vs. Victoria]
Two W ays of Proving Treason
(1) Testimony of at least two witnesses to the
same overt act; or
(2) Confession of accused in open court. [Art.
114, par.2, RPC]
The Two-witness Rule
The testimony of two witnesses is required to
prove the overt act of giving aid or comfort,
but it is not necessary to prove adherence.
Each of the witnesses must testify to the
whole overt act; or if it is separable, there
must be two witnesses to each part of the
overt act. [People vs. Escleto]
Membership as a Makapili, as an overt act,
must be established by the deposition of two
witnesses. Where two or more witnesses give
oaths to an overt act and only one of them is
believed by the court or jury, the defendant is
entitled to discharge [People vs. Adriano]
Adherence may be proved:
(1) By one witness,
(2) From the nature of the act itself, or
(3) From the circumstances surrounding the
act.
PAGE 147 OF 342
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Adherence need not be proven by two witness
testimonies – may be inferred from one
witness, or from the nature of the act itself or
other circumstances [People vs. Adriano,
supra]
Aggravating Circumstance in treason
ü Cruelty and ignominy
û Evident premeditation - since
adherence and the giving of aid and
comfort to the enemy is usually a
long continued process requiring
reflective and persistent
determination and planning. [People
vs. Racaza]
û Superior strength & treachery – since
they are inherent in treason. [People
vs. Adlawan]
û Treachery, aid of armed persons to
insure or afford impunity, and
deliberately augmenting the crimes
by causing other wrongs not
necessary in the commission thereof
– since they are inherent in the crime
of treason. [People vs. Victoria]
Defense of Suspended Allegiance and
change of sovereignty are not accepted
because:
(1) A citizen owes an absolute and
permanent allegiance to his Government;
(2) The sovereignty of the Government is not
transferred to the enemy by mere
occupation;
(3) The subsistence of the sovereignty of the
legitimate Government in a territory
occupied by the military forces of the
enemy during the war is one of the rules
of International Law; and
(4) What is suspended is the exercise of the
rights of sovereignty.
In addition to the defense of duress or
uncontrollable fear, lawful obedience to a de
facto Government is a good defense in
treason. The Philippine Executive
Commission, as well as the Republic
established by the Japanese occupation army
in the Philippines, had all the characteristics
of a de facto Government. [Go Kim Cham vs.
Valdez]
Defense of loss of citizenship by joining the
army of the enemy is not valid. The accused
cannot divest himself of his Philippine
PAGE 148 OF 342
CRIMINAL LAW 2 CRIMINAL LAW
citizenship by the simple expedient of
accepting a commission in the military, naval
or air service of such country. If his contention
is sustained, his very crime would be the
shield that would protect him from
punishment. [People vs. Manayao]
ARTICLE 115 - CONSPIRACY AND
PROPOSAL TO COMMIT TREASON
Elements of Conspiracy to com mit
treason:
(a) There is a war in which the Philippines is
involved
(b) At least two persons come to an
agreement to
(i) Levy war against the government; or
(ii) Adhere to the enemies, giving them
aid or comfort
(c) They decide to commit it
Elements of Proposal to comm it
treason
(a) There is a war in which the Philippines is
involved
(b) At least one person decides to –
(i) Levy war against the government; or
(ii) Adhere to the enemies, giving them
aid or comfort
(c) That person proposes its execution to
other persons
General rule: Conspiracy and proposal to
commit a felony is not punishable under
Article 8.
Exception: Under Article 115, mere
conspiracy or proposal to commit treason is
punishable. This is because, in treason, the
very existence of the state is endangered.
[Reyes, 2008]
The two-witness rule does not apply to
conspiracy or proposal to commit treason
because this is a separate and distinct
offense from that of treason. [US vs. Bautista]
ARTICLE 116 - MISPRISION OF TREASON
Elements:
(a) Offender owes allegiance to the
government, and is not a foreigner
(b) He has knowledge of conspiracy to
commit treason against the government
UP LAW BOC
(c) He conceals or does not disclose and
make known the same as soon as
possible to the governor or fiscal of the
province in which he resides, or the mayor
or fiscal of the city in which he resides
This is a crime that may be committed only by
citizens of the Philippines. It cannot be
committed by a resident alien.
Essence: There are persons who conspire to
commit treason and the offender knew this
and failed to make the necessary report to
the government within the earliest possible
time.
Article 116 does not apply when the crime of
treason is already committed by someone
and the accused does not report its
commission to the proper authority. The
provision only speaks of “knowledge of any
conspiracy against” the Government of the
Philippines, not knowledge of treason
actually committed by another. In the latter
case, the implication is that the government
is already aware of it.
The offender in misprision of treason is
punished as an accessory to treason. Note
that Article 116 does not provide for a penalty.
However, the offender is a principal in the
crime of misprision of treason.
Any person in authority having the equivalent
jurisdiction (of a mayor, fiscal or governor),
like a provincial commander, will already
negate criminal liability.
Blood relationship is always subservient to
national security. Article 20 of the RPC
regarding accessories who are exempt from
criminal liability does not apply in this case
because persons found liable for this crime
are not considered accessories, but as
principals.
Article 116 is an exception to the rule that
mere silence does not make a person
criminally liable. [US vs. Caballeros]
ARTICLE 117 – ESPIONAGE
Mode 1: By entering, without authority
therefor, a warship, fort, or naval or
military establishm ent or reservation
PAGE 149 OF 342
CRIMINAL LAW 2 CRIMINAL LAW
to obtain any inform ation, plans,
photographs, or other data of a
confidential nature relative to the
defense of the Philippines
Elements:
(a) Offender enters a warship, fort, or naval
or military establishment or reservation;
(b) He has no authority therefor;
(c) That his purpose is to obtain information,
plans, photographs or other data of a
confidential nature relative to the defense
of the Philippines.
Mode 2: Disclosing by public officer of
confidential inform ation to a foreign
representative
Elements:
(a) That the offender is a public officer;
(b) That he has in his possession the articles,
data or information of a confidential
nature relative to the defense of the
Philippines, by reason of the public office
he holds;
(c) That he discloses their contents to a
representative of a foreign nation.
Under paragraph 1, the offender may be any
person, but under paragraph 2, the offender
must be a public officer who has in his
possession the information by reason of the
public office he holds.
To be liable under paragraph 1, the offender
must have the intention to obtain information
relative to the defense of the Philippines. It is
not necessary that the information, etc. is
obtained. It is sufficient that the offender has
the purpose to obtain any of them.
Espionage Treason
Not conditioned on the Not conditioned on the
citizenship of the citizenship of the
offender offender
May be committed both Committed only in times
in times of war and in of war
times of peace
May be committed in Limited only to two ways
many ways of committing the crime:
levying of war and
adhering to the enemy
giving him aid or comfort
UP LAW BOC CRIMINAL LAW 2
SPECIAL LAW
COMMONWEALTH ACT NO. 616
(An Act to Punish Espionage and Other
Offenses against the National Security)
Punishable Acts
Sec. 1. Unlawfully obtaining or permitting to
be obtained information affecting national
defense. —
(a) going upon, entering, flying over,
or otherwise obtaining information
concerning any vessel, aircraft, work of
defense, navy yard, naval station,
submarine base, coaling station, fort,
battery, torpedo station, dockyard, canal,
railroad, arsenal, camp, factory, mine,
telegraph, telephone, wireless, or signal
station, building, office, or other place
connected with the national defense, xxx
or any place in which any vessel, aircraft,
arms, munitions, or other materials or
instruments for the use in time of war are
being made, prepared, repaired, or
stored, for the purposes of obtaining
information respecting the national
defense with intent or reason to believe
that the information to be obtained is to
be used to the injury of the Philippines or
of the United States, or to the advantage
of any foreign nation
(b) copying, taking, making, or obtaining, or
attempting, or inducing or aiding another
to copy, take, make, or obtain, any sketch,
photograph, photographic negative, blue
print, plan, map, model, instrument,
appliance, document, writing, or note of
anything connected with the national
defense for the same purpose and with
like intent as in paragraph (a)
(c) receiving or obtaining or agreeing or
attem pting or inducing or aiding
another to receive or obtain from
any person, or from any source whatever,
any document, writing, code book, signal
book, sketch, photograph, photographic
negative, blue print, plan, map, model,
instrument, appliance, or note of
anything connected with the national
defense, knowing or having reason to
believe, at the time he receives or obtains,
or agrees or attempts or induces or aids
another to receive or obtain it, that it has
been or will be obtained, taken, made, or
PAGE 150 OF 342
CRIMINAL LAW
disposed of by any person contrary to the
provisions of this Act; or
(d) wilfully com m unicating or
transm itting or attem pting to
communicate or transmit any document,
writing, code book, signal book, sketch,
photograph, photographic negative, blue
print, plan, map, model, instrument,
appliance, or note relating to the national
defense to any person not entitled to
receive it, or wilfully retaining the same
and fails to deliver it on demand to the
officer or employee of the Philippines or
of the United States entitled to receive it;
the offender having lawful or unlawful
possession of, access to, control over, or
being intrusted with the same; or
(e) permitting, through gross
negligence, to be rem oved from its
proper place of custody or delivered to
anyone in violation of this trust or to be
lost, stolen, abstracted, or destroyed any
document, writing, code book, signal
book, sketch, photograph, photographic
negative, blue print, plan, map, model,
note or information, relating to the
national defense, the offender being
intrusted with or having lawful
possession or control of the same
Sec. 2. Unlawful disclosing information
affecting national defense. —
(a) com m unicating, delivering, or
transm itting, or attem pting to, or
aiding or inducing another to,
communicate, deliver, or transmit to any
foreign government, or any faction or
party or military or naval force within a
foreign country, whether recognized or
unrecognized by the Philippines, or to any
representative, officer, agent, employee,
subject, or citizen thereof, either directly
or indirectly, any document, writing, code
book, signal book, sketch, photograph,
photographic negative, blue print, plan,
map, model, instrument, appliance, or
information relating to the national
defense, with the intent or reason to
believe that it is to be used to the injury of
the Philippines or to the advantage of a
foreign nation
*Punishable by death or
imprisonment for not more than 30 years,
if committed in time of war.
UP LAW BOC CRIMINAL LAW 2
(b) in time of war, by collecting,
recording, publishing, or
com m unicating, or attem pting to
elicit any information with respect to the
movement, number, description,
condition, or disposition of any of the
armed forces, ships, aircraft, or war
materials of the Philippines, or with
respect to the plans or conduct, or
supposed plans or conduct of any
military, naval, or air operations, or with
respect to any works or measures
undertaken for or connected with, or
intended for the fortification or defense of
any place, or any other information
relating to the public defense which
might be useful to the enemy
Sec. 3. Disloyal acts or works in time of peace.
— It shall be unlawful for any person, with
intent to interfere with, impair, or influence
the loyalty, morale, or discipline of the
military, naval, or air forces of the Philippines
(a) advising, counseling, urging, or in
any manner causing insubordination,
disloyalty, mutiny, or refusal of duty by
any member of the military, naval, or air
forces of the Philippines or of the United
States; or
(b) distributing any written or printed
matter which advises, counsels, or urges
insubordination, disloyalty, mutiny, or
refusal of duty by any member of the
military, naval, or air forces of the
Philippines.
Sec. 4. Disloyal acts or words in tim e of
war. — wilfully making or conveying false
reports or false statements with the intent to
interfere with the operation or success of the
military, naval, or air forces of the Philippines,
or
To promote the success of its enemies, by
wilfully causing or attempting to cause
insubordination, disloyalty, mutiny, or refusal
of duty, in the military, naval, or air forces of
the Philippines, or
W illfully obstructing the recruiting or
enlistment service of the Philippines to the
injury of the service of the Philippines
Sec. 5. Conspiracy to violate preceding
sections. — (1) two or more persons conspire
to violate the provisions of sections 1, 2, 3, or
4 of this Act, (2) one or more of such persons
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CRIMINAL LAW
does any act to effect the object of the
conspiracy
Each of the parties to such conspiracy shall
be punished for the doing of the act the
accomplishment of which is the object of
such conspiracy.
Section 6. Harboring or concealing violators
of the law. — harboring or concealing any
person who he knows, or has reasonable
ground to believe or suspect, has committed,
or is about to commit, an offense under this
Act.
Other Acts
• Making any photograph, sketch, picture,
drawing, map, or graphical representation
of vital military, naval, and air installations
or equipment of the Armed Forces of the
Philippines without first obtaining
permission of the commanding officer [Sec.
8]
• Using or permitting or procuring the use of
an aircraft for the purpose of making a
photograph, sketch, picture, drawing, map,
or graphical representation of vital military,
naval or air installations or equipment, in
violation of Sec. 8 [Sec. 9]
• Reproducing, publishing, selling, etc.,
uncensored copies any photograph, sketch,
picture, drawing, map or graphical
representation of the vital military, naval, or
air installations or equipment so defined,
without first obtaining permission of the
commanding officer [Sec. 10]
• Destroying or injuring or attempting to
injure or destroy war material in time of war
[Sec. 11]
• Making or causing war material to be made
in defective manner when the Philippines is
at war [Sec. 12]
• Injuring or destroying national defense
material, premises, or utilities [Sec. 13]
• Making or causing to be made in a
defective manner, or attempting to make or
cause to be made in a defective manner,
national defense material [Sec. 14]
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

CRIMES AGAINST THE LAW OF (iii) Containing notice or information

NATIONS which might be useful to the enemy.
Correspondence - Communication by
means of letters which pass between those
ARTICLE 118 - INCITING TO WAR OR GIVING
who have friendly or business relations.
MOTIVES FOR REPRISALS
Even if the correspondence contains innocent
Elem ents:
matters, if the correspondence has been
(a) Offender performs unlawful or
prohibited by the Government, it is
unauthorized acts
punishable.
(b) The acts provoke or give occasion for
(i) A war involving or liable to involve the
Prohibition by the Government is not
Philippines; or
essential in instances 2 and 3.
(ii) Exposure of Filipino citizens to
reprisals on their persons or property
Qualifying Circumstances under
Instance 3 - The following must concur:
This crime is committed in times of peace.
(1) That the notice or information might be
useful to the enemy, and
The intention of the offender is immaterial.
(2) That the offender intended to aid the
The law considers the effects produced by the
enemy.
acts of the accused. [Reyes, 2012l citing
Albert]
If the offender intended to aid the enemy by
giving such notice or information, the crime
Examples: The public destruction of the
amounts to treason; hence, the penalty is the
flag or seal of a foreign state or the public
same as that for treason. [Reyes, 2008]
manifestations of hostility to the head or
ambassador of another state.
ARTICLE 121 - FLIGHT TO ENEMY'S
COUNTRY
ARTICLE 119 - VIOLATION OF NEUTRALITY
Elements:
Elements
(a) There is a war in which the Philippines is
(a) There is a war in which the Philippines is
involved
not involved
(b) Offender must be owing allegiance to the
(b) There is a regulation issued by a
government
competent authority to enforce neutrality
(c) Offender attempts to flee or go to enemy
(c) Offender violates the regulation
country
(d) Going to the enemy country is prohibited
Definition of neutrality. A nation or
by competent authority
power which takes no part in a contest of
arms going on between other countries
An alien resident may be guilty of flight to
enemy country. The law does not say “not
ARTICLE 120 - CORRESPONDENCE WITH
being a foreigner.” Hence, the allegiance
HOSTILE COUNTRY
contemplated in this article is either natural
or temporary allegiance. [Reyes, 2008]
Elements:
(a) It is a time of war in which the Philippines
ARTICLE 122 - PIRACY IN GENERAL AND
is involved
MUTINY ON THE HIGH SEAS OR IN
(b) Offender makes correspondence with an
PHILIPPINE WATERS
enemy country or territory occupied by
enemy troops
Elements:
(c) The correspondence is either –
(a) The vessel is on the high seas or
(i) Prohibited by the government, or
Philippine waters
(ii) Carried on in ciphers or conventional
(b) Offenders are neither members of its
signs, or
complement nor passengers of the vessel
(c) Offenders either –
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(i) Attack or seize that vessel; or

(ii) Seize the whole or part of its cargo, Piracy Mutiny
its equipment or personal belongings
of its complement or passengers Persons who attack the Persons who attack the
(iii) There is intent to gain vessel or seize its cargo vessel or seize its cargo
are strangers to said are members of the
Acts Punished in Piracy: vessels crew or passengers
(1) Attacking or seizing a vessel on the high Intent to gain is Intent to gain is not
seas or in Philippine waters essential essential. The
(2) Seizing the whole or part of its cargo, offenders may only
complement or passengers while the intend to ignore the
vessel is on the high seas or in Philippine ship’s officers or they
waters may be prompted by a
desire to commit
High Seas - parts of the seas that are not plunder.
included in the exclusive economic zone, in
the territorial seas, or in the internal waters of
Abetting Piracy
a state, or in the archipelagic waters of an
In Section 4 of Presidential Decree No. 532,
archipelagic state [Convention on the Law of
the act of aiding pirates or abetting piracy is
the Sea]
penalized as a crime distinct from piracy.
Piracy - robbery or forcible depredation on
Said section penalizes any person who
the high seas, without lawful authority and
knowingly and in any manner aids or protects
done with animo furandi and in the spirit and
pirates, such as giving them information
intention of universal hostility. [People vs. Lol-
about the movement of the police or other
lo and Saraw]
peace officers of the government, or acquires
or receives property taken by such pirates, or
Jurisdiction
in any manner derives any benefit therefrom;
The jurisdiction of piracy unlike all other
or who directly or indirectly abets the
crimes has no territorial limits. Pirates are in
commission of piracy.
law hostes humani generis. Piracy is a crime
not against any particular State but against
Also, the offender shall be considered as an
all mankind. It may be punished in the
accomplice of the principal offenders and
competent tribunal of any country where the
punished in accordance with the Revised
offender may be found or into which he may
Penal Code.
be carried. [People vs. Lol-lo and Saraw,
supra]
This provision of PD No. 532 with respect to
piracy in Philippine waters has not been
Mutiny - the unlawful resistance to a
incorporated into the RPC. Neither may it be
superior officer, or the raising of commotions
considered repealed by RA 7659 (An Act to
and disturbances
Impose the Death Penalty on Certain Heinous
Crimes) since there is nothing in the
Mutiny is usually committed by the other
amendatory law which is inconsistent with
members of the complement and may be
said section.
committed by the passengers of the vessel.
RA 9372 (Human Security Act of
2007)
A person who commits an act punishable as
piracy and mutiny under Article 122 thereby
sowing and creating a condition of
widespread and extraordinary fear and panic
among the populace, in order to coerce the
government to give in to an unlawful demand
shall be guilty of the crime of terrorism.
PAGE 153 OF 342
UP LAW BOC CRIMINAL LAW 2
ARTICLE 123 - QUALIFIED PIRACY
Elements:
(a) The vessel is on the high seas or
Philippine waters
(b) Offenders are neither members of its
complement, or passengers of the vessel
(c) Offenders either –
(i) Attack or seize the vessel; or
(ii) Seize the whole or part of its cargo,
its equipment, or personal
belongings of its crew or passengers
(d) The preceding were committed under any
of the following circumstances:
(i) Whenever they have seized a vessel
by boarding or firing upon the same;
(ii) Whenever the pirates have
abandoned their victims without
means of saving themselves; or
(iii) Whenever the crime is accompanied
by murder, homicide, physical injuries
or rape
If any of the circumstances in Article 123 is
present, piracy is qualified.
Paragraph 2 (Item 2 in letter D) specifically
mentions “pirates” thereby excluding
mutineers from said paragraph. It would
seem, however, that it should be in
paragraph 1 (Item 1 in letter D) where the
word “pirates” should be specifically
mentioned and not in paragraph 2, because
in paragraph 1, the mutineers, being already
in the vessel, cannot seize the vessel by
boarding or firing upon the same. [Reyes,
2012]
Murder, rape, homicide, physical injuries are
mere circumstances qualifying piracy and
cannot be punished as separate crimes, nor
can they be complexed with piracy.
SPECIAL LAW
PD 532: ANTI-PIRACY AND ANTI-HIGHWAY
ROBBERY
Definition of Term s
Sec. 2. Definition of Terms. The following
terms shall mean and be understood, as
follows:
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CRIMINAL LAW
(a) Philippine W aters. It shall refer to all
bodies of water, such as but not limited to,
seas, gulfs, bays around, between and
connecting each of the Islands of the
Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and
all other waters belonging to the
Philippines by historic or legal title,
including territorial sea, the sea-bed, the
insular shelves, and other submarine
areas over which the Philippines has
sovereignty or jurisdiction.
(b) Vessel. Any vessel or watercraft used for
transport of passengers and cargo from
one place to another through Philippine
Waters. It shall include all kinds and
types of vessels or boats used in fishing.
(c) Philippine Highway. It shall refer to
any road, street, passage, highway and
bridges or other parts thereof, or railway
or railroad within the Philippines used by
persons, or vehicles, or locomotives or
trains for the movement or circulation of
persons or transportation of goods,
articles, or property or both.
(d) Piracy. Any attack upon or seizure of any
vessel, or the taking away of the whole or
part thereof or its cargo, equipment, or
the personal belongings of its
complement or passengers, irrespective
of the value thereof, by means of violence
against or intimidation of persons or force
upon things, committed by any person,
including a passenger or member of the
complement of said vessel, in Philippine
waters, shall be considered as piracy. The
offenders shall be considered as pirates
and punished as hereinafter provided.
(e) Highway Robbery/Brigandage. The
seizure of any person for ransom,
extortion or other unlawful purposes, or
the taking away of the property of
another by means of violence against or
intimidation of person or force upon
things of other unlawful means,
committed by any person on any
Philippine Highway.
Punishable Acts
Sec. 3. Penalties. Any person who commits
piracy or highway robbery/brigandage as
UP LAW BOC CRIMINAL LAW 2
herein defined, shall, upon conviction by
competent court be punished by:
(a) Piracy. The penalty of reclusion temporal
in its medium and maximum periods
shall be imposed. If physical injuries or
other crimes are committed as a result or
on the occasion thereof, the penalty of
reclusion perpetua shall be imposed. If
rape, murder or homicide is committed as
a result or on the occasion of piracy, or
when the offenders abandoned the
victims without means of saving
themselves, or when the seizure is
accomplished by firing upon or boarding
a vessel, the mandatory penalty of death
shall be imposed.
(b) Highway Robbery/Brigandage. The
penalty of reclusion temporal in its
minimum period shall be imposed. If
physical injuries or other crimes are
committed during or on the occasion of
the commission of robbery or brigandage,
the penalty of reclusion temporal in its
medium and maximum periods shall be
imposed. If kidnapping for ransom or
extortion, or murder or homicide, or rape
is committed as a result or on the
occasion thereof, the penalty of death
shall be imposed.
Sec. 4. Aiding pirates or highway
robbers/brigands or abetting piracy
or highway robbery/brigandage. Any
person who knowingly and in any manner
aids or protects pirates or highway
robbers/brigands, such as giving them
information about the movement of police or
other peace officers of the government, or
acquires or receives property taken by such
pirates or brigands or in any manner derives
any benefit therefrom; or any person who
directly or indirectly abets the commission of
piracy or highway robbery or brigandage,
shall be considered as an accomplice of the
principal offenders and be punished in
accordance with the Rules prescribed by the
Revised Penal Code.
It shall be presumed that any person who
does any of the acts provided in this Section
has performed them knowingly, unless the
contrary is proven.
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CRIMINAL LAW
RA 6235: ANTI-HIJACKING LAW
Punishable Acts
Sec. 1. It shall be unlawful for any person to
compel a change in the course or destination
of an aircraft of Philippine registry, or to seize
or usurp the control thereof, while it is in
flight. An aircraft is in flight from the moment
all its external doors are closed following
embarkation until any of such doors is
opened for disembarkation.
It shall likewise be unlawful for any person to
compel an aircraft of foreign registry to land
in Philippine territory or to seize or usurp the
control thereof while it is within the said
territory.
Sec. 3. It shall be unlawful for any person,
natural or juridical, to ship, load or carry in
any passenger aircraft operating as a public
utility within the Philippines, and explosive,
flammable, corrosive or poisonous substance
or material.
Sec. 4. The shipping, loading or carrying of
any substance or material mentioned in the
preceding section in any cargo aircraft
operating as a public utility within the
Philippines shall be in accordance with
regulations issued by the Civil Aeronautics
Administration
RA 9372: HUMAN SECURITY ACT OF 2007
Sec. 3. Terrorism. Any person who commits
an act punishable under any of the following
provisions of the Revised Penal Code:
(1) Article 122 (Piracy in General and Mutiny
in the High Seas or in the Philippine
Waters);
(2) Article 134 (Rebellion or Insurrection);
(3) Article 134-a (Coup d’état), including acts
committed by private persons;
(4) Article 248 (Murder);
(5) Article 267 (Kidnapping and Serious
Illegal Detention);
(6) Article 324 (Crimes Involving Destruction),
or under
(1) Presidential Decree No. 1613 (The Law on
Arson);
(2) Republic Act No. 6969 (Toxic Substances
and Hazardous and Nuclear Waste
Control Act of 1990);
UP LAW BOC
(3) Republic Act No. 5207, (Atomic Energy
Regulatory and Liability Act of 1968);
(4) Republic Act No. 6235 (Anti-Hijacking
Law);
(5) Presidential Decree No. 532 (Anti-piracy
and Anti-highway Robbery Law of 1974);
and,
(6) Presidential Decree No. 1866, as
amended (Decree Codifying the Laws on
Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or
Explosives)
thereby sowing and creating a condition of
widespread and extraordinary fear and panic
among the populace, in order to coerce the
government to give in to an unlawful demand
shall be guilty of the crime of terrorism and
shall suffer the penalty of forty (40) years of
imprisonment, without the benefit of parole
as provided for under Act No. 4103, otherwise
known as the Indeterminate Sentence Law,
as amended.
W ho Are Liable
Sec. 4. Conspiracy to Commit Terrorism.
Persons who conspire to commit the crime of
terrorism shall suffer the penalty of forty (40)
years of imprisonment.
There is conspiracy when two or more
persons come to an agreement concerning
the commission of the crime of terrorism as
defined in Section 3 hereof and decide to
commit the same.
Sec. 5. Accomplice. Any person who, not
being a principal under Article 17 of the
Revised Penal Code or a conspirator as
defined in Section 4 hereof, cooperates in the
execution of either the crime of terrorism or
conspiracy to commit terrorism by previous or
simultaneous acts shall suffer the penalty of
from seventeen (17) years, four (4) months
one day to twenty (20) years of imprisonment.
Sec. 6. Accessory. Any person who, having
knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism,
and without having participated therein,
either as principal or accomplice under
Articles 17 and 18 of the Revised Penal Code,
takes part subsequent to its commission in
any of the following manner: (a) by profiting
PAGE 156 OF 342
CRIMINAL LAW 2 CRIMINAL LAW
himself or assisting the offender to profit by
the effects of the crime; (b) by concealing or
destroying the body of the crime, or the
effects, or instruments thereof, in order to
prevent its discovery; (c) by harboring,
concealing, or assisting in the escape of the
principal or conspirator of the crime, shall
suffer the penalty of ten (10) years and one
day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the
penalties prescribed for accessories shall not
be imposed upon those who are such with
respect to their spouses, ascendants,
descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by
affinity within the same degrees, with the
single exception of accessories falling within
the provisions of subparagraph (a).
SEC. 49. Prosecution Under This Act Shall be
a Bar to Another Prosecution under the
Revised Penal Code or any Special Penal
Laws. - When a person has been prosecuted
under a provision of this Act, upon a valid
complaint or information or other formal
charge sufficient in form and substance to
sustain a conviction and after the accused
had pleaded to the charge, the acquittal of
the accused or the dismissal of the case shall
be a bar to another prosecution for any
offense or felony which is necessarily
included in the offense charged under this
Act.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Title II. Crimes against judicial authority within the period of 12,
18, or 36 hours, as the case may be
Fundamental Laws of [Article 125]; or
(3) Delaying release by competent authority
the State with the same period mentioned in
number 2 [Article 126].
(1) Art. 124: Arbitrary Detention
Detention - actual confinement of a person
(2) Art. 125: Delay in the Delivery Of
in an enclosure, or in any manner detaining
Detained Persons to the Proper Judicial
and depriving him of his liberty.
Authorities
(3) Art. 126: Delaying Release
The detention of a person is without legal
(4) Art. 127: Expulsion
ground:
(5) Art. 128: Violation of Domicile
(1) when he has not committed any crime or,
(6) Art.129: Search Warrants Maliciously
at least, there is no reasonable ground for
Obtained and Abuse in the Service of
suspicion that he has committed a crime,
those Legally Obtained
or
(7) Art. 130: Searching Domicile Without
(2) when he is not suffering from violent
Witnesses
insanity or any other ailment requiring
(8) Art. 131: Prohibition, Interruption and
compulsory confinement in a hospital.
Dissolution of Peaceful Meetings
(9) Art. 132: Interruption of Religious
A public officer is deemed such when he is
Worship
acting within the bounds of his official
(10) Art. 133: Offending the Religious Feelings
authority or function.
Crimes under this title are those that violate
A police officer who employs force in excess
certain provisions of the Bill of Rights.
of what is necessary is acting outside the
bounds of his duties and is considered acting
All offenses under this title can only be
in his private capacity. [Boado, Comprehensive
committed by public officers; except
Reviewer in Criminal Law]
offending the religious feelings under Article
133, which can also be committed by a private
Although the offender must be a public
person.
officer in the crime of arbitrary detention, not
all public officers can commit it. Only those
A private person may be liable under these
public officers whose official duties carry with
articles only when he:
it the authority to make an arrest and detain
(1) Conspires with a public officer; or
persons can be guilty of this crime.
(2) He becomes an accomplice or accessory
to said crimes
In a case decided by the Supreme Court, a
Barangay Chairman who unlawfully detains
ARTICLE 124 - ARBITRARY DETENTION
another was held to be guilty of the crime of
arbitrary detention. This is because he is a
Elements:
person in authority vested with jurisdiction to
(a) Offender is a public officer or employee
maintain peace and order within his
(b) He detains a person
barangay. [Milo vs. Salanga (1987)]
(c) Detention is without a legal ground
There must be an actual restraint of liberty of
The Crime of Arbitrary Detention assumes
the offended party.
several forms:
(1) Detaining a person without legal grounds
The crime committed is only grave or light
[Article 124];
threats if the offended party may still go to
(2) Having arrested the offended party for
the place where he wants to go, even though
legal grounds but without warrant of
there have been warnings.
arrest, and the public officer does not
deliver the arrested person to the proper
PAGE 157 OF 342
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

If the offender falsely imputes a crime against

a person to be able to arrest him and appear
not determined to file a charge against him,
the crime is arbitrary detention through
unlawful arrest. [Boado, Comprehensive
Reviewer in Criminal Law]
A case where a DENR team was invited to
Mayor Astorga’s house from 5:30pm to
2:30am for dinner and drinks, does not fall
under Arbitrary Detention. Absent any
physical restraint, an element of the said
crime is fear. No record on evidence showed
that the mayor instilled fear into the minds of
the DENR team while they were in the
Mayor’s house. [Astorga vs. People (2004)]
Arrest without warrant is the usual cause of
arbitrary detention.
Rules of court. Rule 113, Section 5. Arrest
without warrant; when lawful. — A peace
officer or a private person may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit
an offense;
(b) When an offense has just been
com mitted, and he has probable cause
to believe based on personal
knowledge of facts or
circum stances that the person to be
arrested has committed it; and
(c) When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is
serving final judgment or is temporarily
confined while his case is pending, or has
escaped while being transferred from one
confinement to another.
In cases falling under paragraph (a) and (b)
above, the person arrested without a warrant
shall be forthwith delivered to the nearest
police station or jail and shall be proceeded
against in accordance with section 7 of Rule
112.

Difference between Arbitrary Detention, Illegal Detention and Unlawful Arrest

Arbitrary Detention Illegal Detention Unlawful Arrest

Offender Public officer who has
authority to make arrests and
detain persons
Criminal Violate the offended party’s
Intent constitutional freedom
against warrantless arrest
(1) Private person; or
(2) Public officer who is
acting in a private
capacity or beyond the
scope of his official duty
Deprive the offended party of
his personal liberty
Any person
Accuse the offended party of a
crime he did not commit,
deliver him to the proper
authority, and file the
necessary charges to
incriminate him

PAGE 158 OF 342

UP LAW BOC CRIMINAL LAW 2
ARTICLE 125 - DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
Elements:
(a) Offender is a public officer or employee
(b) He detains a person for some legal
ground
(c) He fails to deliver such person to the
proper judicial authorities within –
(i) 12 hours for light penalties
(ii) 18 hours for correctional penalties
(iii) 36 hours for afflictive or capital
penalties
This is applicable only when the arrest is
without a warrant, but the arrest must be
lawful.
At the beginning, the detention is legal since
it is in the pursuance of a lawful arrest.
Detention becomes arbitrary when the:
(1) Applicable period lapses
(2) Without the arresting officer filing a
formal charge with the proper court.
The periods stated are counted only when the
prosecutor’s office is ready to receive the
complaint or information. Nighttime is not
included in the period.
“Delivery” means the filing of correct
information with the proper court (or
constructive delivery – turning over the
person arrested to the jurisdiction of the
court). The purpose is to determine whether
the offense is bailable or not. (Upon delivery,
judge or court acquires jurisdiction to issue an
order of release or of commitment of
prisoner.) [Sayo vs. Chief of Police (1948)]
The elements of custodial investigation are:
(a) The suspect is deprived of liberty in any
significant manner;
(b) The interrogation is initiated by law
enforcement authorities;
(c) The interrogation is inculpatory in
character. [People vs. Tan (1998)]
Where the invitation comes from a powerful
group composed predominantly of ranking
military officers and the designated
interrogation site is a military camp, the same
can be easily taken not as a strictly voluntary
invitation. It is an authoritative command
PAGE 159 OF 342
CRIMINAL LAW
that one can only defy at one’s peril. [Sanchez
vs. Demetriou (1993)]
Detained person should be released when a
judge is not available. [Albior vs. Aguis
(2003)]
W aiver of the provisions of Article 125
Before the complaint or information is filed,
the person arrested may ask for a preliminary
investigation in accordance with Rule 112 of
the Revised Rules of Criminal Procedure, but
he must sign a waiver of the provisions of
Article 125 of the RPC in the presence of his
counsel. Notwithstanding the waiver, he may
apply for bail and the investigation must be
terminated within fifteen days from its
inception. [Sec. 7, par. 2, Rule 112 of the
Revised Rules of Criminal Procedure]
ARTICLE 126 - DELAYING RELEASE
Elements:
(a) Offender is a public officer or employee
(b) There is a:
(i) Judicial or executive order for
the release of a prisoner or detention
prisoner, or
(ii) A proceeding upon a petition for
the liberation of such person
(c) Offender without good reason delays –
(i) The service of the notice of such order
to the prisoner
(ii) The performance of such judicial or
executive order for the release of the
prisoner; or
(iii) The proceedings upon a petition for
the release of such person
Wardens and jailers are the public officers
most likely to violate Article 126.
ARTICLE 127 – EXPULSION
Elements:
(a) Offender is a public officer or employee
(b) He either –
(i) Expels any person from the
Philippines; or
(ii) Compels a person to change
residence
(c) Offender is not authorized to do so by law
The city mayor of Manila committed the
crime of expulsion when he ordered certain
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prostitutes to be transferred to Davao
WITHOUT observing due process since they
have not been charged with any crime.
[Villavicencio vs. Lukban (1919)]
ARTICLE 128 - VIOLATION OF DOMICILE
Acts punished:
(1) Entering any dwelling against the will of
the owner thereof
(2) Searching papers or other effects found
therein without the previous consent of
such owner, or
(3) Refusing to leave the premises, after
having surreptitiously entered said
dwelling and after having been required
to leave the same
Elements com mon to the three acts:
(a) Offender is a public officer or employee
(b) He is not authorized by judicial order –
(i) To enter the dwelling;
(ii) To m ake a search therein for
papers or other effects; or
(iii) He refuses to leave, after having
surreptitiously entered such dwelling
and been required to leave the same
Qualifying circum stances:
(1) Nighttime
(2) Papers or effects not constituting
evidence of a crime are not returned
immediately after the search made by the
offender
Rule 113 Of The Revised Rules Of
Court: a public officer who breaks into the
premises incurs no liability when a person to
be arrested enters said premises and closes it
thereafter, provided that the officer first gives
a notice of arrest.
According to People vs. Doria (1999) and
People vs. Elamparo (2000), the following
are the accepted exceptions to the warrant
requirement:
(1) Search incidental to an arrest;
(2) Search of moving vehicles;
(3) Evidence in plain view;
(4) Stop and frisk;
(5) Customs searches; and
(6) Consented warrantless search.
[M]ere suspicion or a hunch will not validate a
"stop and frisk." A genuine reason must
exist, in light of the police officer's experience
PAGE 160 OF 342
CRIMINAL LAW 2 CRIMINAL LAW
and surrounding conditions, to warrant the
belief that the person detained has weapons
concealed about him.
A "stop-and-frisk" serves a two-fold interest:
(1) The general interest of effective crime
prevention and detection, which underlies
the recognition that a police officer may,
under appropriate circumstances and in
an appropriate manner, approach a
person for purposes of investigating
possible criminal behavior even without
probable cause; and
(2) The more pressing interest of safety and
self-preservation which permit the police
officer to take steps to assure himself that
the person with whom he deals is not
armed with a deadly weapon that could
unexpectedly and fatally be used against
the police officer. [Malacat vs. CA (1997)]
“Against the will” means that the
offender ignored the prohibition of the owner
which may be express or implied as when the
door is closed even though not locked.
[Boado, Comprehensive Reviewer in Criminal
Law]
The offender must be a public officer or
employee. If the offender is a private
individual then the crime is trespass to
dwelling under Article 280.
ARTICLE 129 - SEARCH WARRANTS
MALICIOUSLY OBTAINED, AND ABUSE IN
THE SERVICE OF THOSE LEGALLY
OBTAINED
Procuring a search warrant without
just cause:
(a) Offender is a public officer or employee
(b) He procures a search warrant
(c) There is no just cause
Exceeding authority or using
unnecessary severity in executing a
search warrant legally procured:
(a) Offender is a public officer or employee
(b) He has legally procured a search warrant
(c) He exceeds his authority or uses
unnecessary severity in executing the
same
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ARTICLE 130 - SEARCHING DOMICILE
WITHOUT WITNESSES
Elements:
(a) Offender is a public officer or employee
(b) He is armed with search warrant legally
procured
(c) He searches the domicile, papers or other
belongings of any person
(d) The owner, or any members of his family,
or two witnesses residing in the same
locality are not present
Rule 126: Search and Seizure
A search warrant is an order in writing -
(1) Signed by a judge
(2) Directed to a peace officer, commanding
him to search for personal property
described therein and bring it before the
court
Requisites for issuing a search
warrant:
(a) Probable cause, in connection with one
specific offense, to be determined
personally by the judge after examination
under oath or affirmation of the
complainant and the witness he may
produce
(b) Particular description of:
(i) Place to be searched; and
(ii) Things to be seized which may be
anywhere in the Philippines
An officer may break open any outer or inner
door or window of a house or any part of a
house or anything therein when these
circumstances concur:
(1) He is refused admittance to the place of
directed search;
(2) His purpose is to execute the warrant to
liberate himself or any person lawfully
aiding him when unlawfully detained
therein; and
(3) He has given notice of his purpose and
authority.
The warrant must direct that it be served in
the daytime. However, it can be served at any
time of the day or night when the affidavit
asserts that the property is on the person or
in the place ordered to be searched.
A search warrant shall be valid for ten (10)
days from its date. Thereafter, it shall be void.
CRIMINAL LAW 2 CRIMINAL LAW
The officer seizing the property under the
warrant must give a detailed receipt for the
same to the lawful occupant of the premises
in whose presence the search and seizure
were made.
In the absence of such occupant, the officer
must:
(1) Leave a receipt in the place in which he
found the seized property;
(2) In the presence of at least two witnesses
of sufficient age and discretion residing in
the same locality.
ARTICLE 131 - PROHIBITION,
INTERRUPTION AND DISSOLUTION OF
PEACEFUL MEETINGS
Elements:
(a) Offender is a public officer or employee
(b) He performs any of the following acts:
(i) Prohibiting or interrupting, without
legal ground, the holding of a
peaceful meeting, or by dissolving the
same
(ii) Hindering any person from joining
any lawful association, or from
attending any of its meetings
(iii) 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
The government has a right to require a
permit before any gathering can be made.
However, the government only has regulatory,
not prohibitory, powers with regard to such
requirement.
The permit should state the day, time, and
place of the gathering.
If the permit is denied arbitrarily, OR the
officer dictates the place where the meeting
is to be held, this article is violated.
If in the course of the assembly, which started
out peacefully, the participants committed
illegal acts like oral defamation or inciting to
sedition, a public officer or law enforcer can
stop or dissolve the meeting.
PAGE 161 OF 342
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Two criteria to determine whether this article
would be violated:
(1) Dangerous tendency rule – applied
during times of national unrest such as to
prevent coup d’état.
(2) Clear and present danger rule –
applied during times of peace. Stricter
rule.
ARTICLE 132 - INTERRUPTION OF
RELIGIOUS WORSHIP
Elements:
(a) Offender is a public officer or employee
(b) Religious ceremonies or manifestations
of any religion are about to take place or
are going on
(c) Offender prevents or disturbs the same
Qualifying circumstance: if the crime is
committed with violence or threats.
ARTICLE 133 - OFFENDING THE RELIGIOUS
FEELINGS
Elements:
(a) Acts complained of were performed
(i) in a place devoted to religious
worship, or
(ii) during the celebration of any religious
ceremony
(b) The acts must be notoriously offensive to
the feelings of the faithful
In the phrase “in a place devoted to religious
worship,” it is not necessary that there is a
religious ceremony going on when the
offender performs acts notoriously offensive
to the feelings of the faithful.
The phrase “during the celebration” is
separated by the word “or” from the phrase
“place devoted to religious worship,” which
indicates that the “religious ceremony” need
not be celebrated in a place of worship.
[Reyes (2012)]
An act is notoriously offensive to the
religious feelings when a person:
(1) Ridicules or m akes light of anything
constituting religious dogma
(2) Works or scoffs at anything devoted to
religious ceremonies
(3) Plays with or damages or destroys
any object of veneration of the faithful
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CRIMINAL LAW 2 CRIMINAL LAW
WON an act is offensive to the religious
feelings, is a question of fact which must be
adjudged only according to the feelings of the
Catholics and not those of other faithful ones.
[People vs. Baes (1939)]
Laurel Dissent in People vs. Baes:
Offense to religious feelings should not be
made to depend upon the more or less broad
or narrow conception of any given particular
religion, but should be gauged having in view
the nature of the acts committed and after
scrutiny of all the facts and circumstance
which should be viewed through the mirror of
an unbiased judicial criterion. (Note: This
later became the majority decision in People
vs. Tengson)
The crime is only UNJUST VEXATION when
the act is NOT directed at the religious belief
itself and there is no intention of causing so
serious a disturbance as to interrupt a
religious ceremony. [People vs. Nanoy]
SPECIAL LAWS
RA 9372: HUMAN SECURITY ACT
Period of Detention
Sec. 18. Period of Detention Without Judicial
Warrant of Arrest. The provisions of Article
125 of the Revised Penal Code to the contrary
notwithstanding, any police or law
enforcement personnel, who, having been
duly authorized in writing by the Anti-
Terrorism Council has taken custody of a
person charged with or suspected of the
crime of terrorism or the crime of conspiracy
to commit terrorism shall, without incurring
any criminal liability for delay in the delivery
of detained persons to the proper judicial
authorities, deliver said charged or suspected
person to the proper judicial authority within
a period of three (3) days counted from
the moment the said charged or suspected
person has been apprehended or arrested,
detained, and taken into custody by the said
police, or law enforcement personnel:
Provided, That the arrest of those suspected
of the crime of terrorism or conspiracy to
commit terrorism must result from the
surveillance under Section 7 and examination
of bank deposits under Section 27 of this Act.
UP LAW BOC CRIMINAL LAW 2
The police or law enforcement personnel
concerned shall, before detaining the person
suspected of the crime of terrorism, present
him or her before any judge at the latter’s
residence or office nearest the place where
the arrest took place at any time of the day or
night. It shall be the duty of the judge, among
other things, to ascertain the identity of the
police or law enforcement personnel and the
person or persons they have arrested and
presented before him or her, to inquire of
them the reasons why they have arrested the
person and determine by questioning and
personal observation whether or not the
suspect has been subjected to any physical,
moral or psychological torture by whom and
why. The judge shall then submit a written
report of what he/she had observed when the
subject was brought before him to the proper
court that has jurisdiction over the case of the
person thus arrested. the judge shall
forthwith submit his/her report within three
(3) calendar days from the time the suspect
was brought to his/her residence or office.
Immediately after taking custody of a person
charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism,
the police or law enforcement personnel shall
notify in writing the judge of the court nearest
the place of apprehension or arrest: Provided,
That where the arrest is made during
Saturdays, Sundays, holidays or after office
hours, the written notice shall be served at
the residence of the judge nearest the place
where the accused was arrested.
The penalty of ten (10) years and one day
to twelve (12) years of im prisonm ent
shall be imposed upon the police or law
enforcement personnel who fails to notify any
judge as provided in the preceding paragraph.
Sec. 19. Period of Detention in the Event of an
Actual or Imminent Terrorist Attack. In the
event of an actual or imminent terrorist
attack, suspects may not be detained for
more than three (3) days without the written
approval of a municipal, city, provincial or
regional official of a Human Rights
Commission or judge of the municipal,
regional trial court, the Sandiganbayan or a
justice of the Court of Appeals nearest the
place of the arrest. If the arrest is made
during Saturdays, Sundays, holidays
PAGE 163 OF 342
CRIMINAL LAW
or after office hours, the arresting
police or law enforcem ent personnel
shall bring the person thus arrested
to the residence of any of the officials
mentioned above that is nearest the
place where the accused was arrested.
The approval in writing of any of the said
officials shall be secured by the police or law
enforcement personnel concerned within five
(5) days after the date of the detention of the
persons concerned: Provided, however, That
within three (3) days after the detention the
suspects, whose connection with the terror
attack or threat is not established, shall be
released immediately.
RA 9745: ANTI-TORTURE ACT
Punishable Acts
Sec. 4. Acts of Torture. - For purposes of this
Act, torture shall include, but not be limited
to, the following:
(a) Physical torture is a form of treatment
or punishment inflicted by a person in
authority or agent of a person in authority
upon another in his/her custody that
causes severe pain, exhaustion, disability
or dysfunction of one or more parts of the
body, such as:
(1) Systematic beating, headbanging,
punching, kicking, striking with
truncheon or rifle butt or other similar
objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding
with spoiled food, animal or human
excreta and other stuff or substances
not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by
electrically heated rods, hot oil, acid;
by the rubbing of pepper or other
chemical substances on mucous
membranes, or acids or spices
directly on the wound(s);
(5) The submersion of the head in water
or water polluted with excrement,
urine, vomit and/or blood until the
brink of suffocation;
(6) Being tied or forced to assume fixed
and stressful bodily position;
(7) Rape and sexual abuse, including the
insertion of foreign objects into the
sex organ or rectum, or electrical
torture of the genitals;
UP LAW BOC
(8) Mutilation or amputation of the
essential parts of the body such as
the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced
extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements
such as sunlight and extreme cold;
(12) The use of plastic bag and other
materials placed over the head to the
point of asphyxiation;
(i) The administration or drugs to
induce confession and/or reduce
mental competency; or
(ii) The use of drugs to induce
extreme pain or certain
symptoms of a disease; and
(13) Other analogous acts of physical
torture; and
(b) "Mental/Psychological Torture"
refers to acts committed by a person in
authority or agent of a person in authority
which are calculated to affect or confuse
the mind and/or undermine a person's
dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/her
relative(s) with bodily harm,
execution or other wrongful acts;
(3) Confinement in solitary cells or secret
detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial",
public display or public humiliation of
a detainee or prisoner;
(6) Causing unscheduled transfer of a
person deprived of liberty from one
place to another, creating the belief
that he/she shall be summarily
executed;
(7) Maltreating a member/s of a person's
family;
(8) Causing the torture sessions to be
witnessed by the person's family,
relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the
person naked, parading him/her in
public places, shaving the victim's
head or putting marks on his/her
body against his/her will;
(11) Deliberately prohibiting the victim to
communicate with any member of
his/her family; and
PAGE 164 OF 342
CRIMINAL LAW 2 CRIMINAL LAW
(12) Other analogous acts of
mental/psychological torture.
Sec. 5. Other Cruel, Inhuman and Degrading
Treatment or Punishment. - Other cruel,
inhuman or degrading treatment or
punishment refers to a deliberate and
aggravated treatment or punishment not
enumerated under Section 4 of this Act,
inflicted by a person in authority or agent of a
person in authority against another person in
custody, which attains a level of severity
sufficient to cause suffering, gross
humiliation or debasement to the latter. The
assessment of the level of severity shall
depend on all the circumstances of the case,
including the duration of the treatment or
punishment, its physical and mental effects
and, in some cases, the sex, religion, age and
state of health of the victim.
Sec. 6. Freedom from Torture and Other Cruel,
Inhuman and Degrading Treatment or
Punishment, An Absolute Right. - Torture and
other cruel, inhuman and degrading
treatment or punishment as criminal acts
shall apply to all circumstances. A state of
war or a threat of war, internal political
instability, or any other public emergency, or
a document or any determination comprising
an "order of battle" shall not and can never
be invoked as a justification for torture and
other cruel, inhuman and degrading
treatment or punishment.
Sec. 7. Prohibited Detention. - Secret
detention places, solitary confinement,
incommunicado or other similar forms of
detention, where torture may be carried out
with impunity are hereby prohibited.
In which case, the Philippine National Police
(PNP), the Armed Forces of the Philippines
(AFP) and other law enforcement agencies
concerned shall make an updated list of all
detention centers and facilities under their
respective jurisdictions with the
corresponding data on the prisoners or
detainees incarcerated or detained therein
such as, among others, names, date of arrest
and incarceration, and the crime or offense
committed. This list shall be made available
to the public at all times, with a copy of the
complete list available at the respective
national headquarters of the PNP and AFP. A
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

copy of the complete list shall likewise be
submitted by the PNP, AFP and all other law
enforcement agencies to the Commission on
Human Rights (CHR), such list to be
periodically updated, by the same agencies,
within the first five (5) days of every month at
the minimum. Every regional office of the
PNP, AFP and other law enforcement
agencies shall also maintain a similar list far
all detainees and detention facilities within
their respective areas, and shall make the
same available to the public at all times at
their respective regional headquarters, and
submit a copy, updated in the same manner
provided above, to the respective regional
offices of the CHR.
W ho Are Liable
Sec. 13. Who are Criminally Liable. - Any
person who actually participated or induced
another in the commission of torture or other
cruel, inhuman and degrading treatment or
punishment or who cooperated in the
execution of the act of torture or other cruel,
inhuman and degrading treatment or
punishment by previous or simultaneous acts
shall be liable as principal.
Any superior military, police or law
enforcement officer or senior government
official who issued an order to any lower
ranking personnel to commit torture for
whatever purpose shall be held equally liable
as principals.
either before, during or immediately after its
commission, when he/she has the authority
to prevent or investigate allegations of
torture or other cruel, inhuman and
degrading treatment or punishment but
failed to prevent or investigate allegations of
such act, whether deliberately or due to
negligence shall also be liable as principals.
Any public officer or employee shall be liable
as an accessory if he/she has knowledge that
torture or other cruel, inhuman and
degrading treatment or punishment is being
committed and without having participated
therein, either as principal or accomplice,
takes part subsequent to its commission in
any of the following manner:
(a) By themselves profiting from or assisting
the offender to profit from the effects of
the act of torture or other cruel, inhuman
and degrading treatment or punishment;
(b) By concealing the act of torture or other
cruel, inhuman and degrading treatment
or punishment and/or destroying the
effects or instruments thereof in order to
prevent its discovery; or (c) By harboring,
concealing or assisting the escape of the
principal/s in the act of torture or other
cruel, inhuman and degrading treatment
or punishment: Provided, That the
accessory acts are done with the abuse of
the official's public functions.

The im m ediate com m anding officer of

the unit concerned of the AFP or the
immediate senior public official of the PNP
and other law enforcement agencies shall be
held liable as a principal to the crime of
torture or other cruel or inhuman and
degrading treatment or punishment for any
act or omission, or negligence committed by
him/her that shall have led, assisted, abetted
or allowed, whether directly or indirectly, the
commission thereof by his/her subordinates.
If he/she has knowledge of or, owing to the
circumstances at the time, should have
known that acts of torture or other cruel,
inhuman and degrading treatment or
punishment shall be committed, is being
committed, or has been committed by his/her
subordinates or by others within his/her area
of responsibility and, despite such knowledge,
did not take preventive or corrective action
PAGE 165 OF 342
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Title III. Crimes against
Public Order
(1) Article 134 - Rebellion/Insurrection
(2) Article 134-A - Coup d’État
(3) Article 135 - Penalty for Rebellion,
Insurrection or Coup d’État
(4) Article 136 - Conspiracy and Proposal to
Commit Coup d’État, Rebellion or
Insurrection
(5) Article 137 - Disloyalty of Public Officers
or Employees
(6) Article 138 - Inciting to Rebellion or
Insurrection
(7) Article 139 – Sedition
(8) Article 141 - Conspiracy to Commit
Sedition
(9) Article 142 – Inciting to Sedition
(10) Article 140 - Persons Liable for Sedition
(11) Article 143 - Acts Tending to Prevent the
Meeting of the Congress of the
Philippines and Similar Bodies
(12) Article 144 - Disturbance of Proceedings
(13) Article 145 - Violation of Parliamentary
Immunity
(14) Article 146 - Illegal Assemblies
(15) Article 147 - Illegal Associations
(16) Article 148 - Direct Assault
(17) Article 149 - Indirect Assault
(18) Article 150 - Disobedience to Summons
Issued by Congress, Its Committees or
Subcommittees, by the Constitutional
Commissions, Its Committees,
Subcommittees or Divisions
(19) Article 153 - Tumults and Other
Disturbances of Public Order
(20) Article 151 - Resistance and
Disobedience to a Person in Authority or
the Agents of Such Persons
(21) Article 154 - Unlawful Use of Means of
Publication and Unlawful Utterances
(22) Article 156 - Delivering Persons from
Jail
(23)Article 155 - Alarms and Scandals
(24) Article 157 - Evasion of Service of
Sentence
(25) Article 159 - Other Cases of Evasion of
Service of Sentence
(26) Article 158 - Evasion of Service of
Sentence on the Occasion of Disorders,
Conflagrations, Earthquakes, or Other
Calamities
(27) Article 160 - Quasi Recidivism
PAGE 166 OF 342
CRIMINAL LAW
CHAPTER I. REBELLION, COUP
D’ETAT, SEDITION AND
DISLOYALTY
ARTICLE 134 - REBELLION /INSURRECTION
Elements:
(a) There is a public uprising and taking arms
against the government;
(b) The purpose of the uprising or movement
is:
(i) To remove from the allegiance to the
government or its laws the Philippine
territory or any part thereof, or any
body of land, naval, or other armed
forces; or
(ii) To deprive the Chief Executive or
Congress, wholly or partially, of any
of their powers or prerogatives.
Rule on Complexing of Rebellion:
Rebellion cannot be complexed with, but
absorbs other crimes committed in
furtherance of rebellion. There is no complex
crime of rebellion with murder and other
common crimes.
The doctrine laid down in People v.
Hernandez remains good law. This prohibits
the complexing of rebellion with any other
offense committed in the occasion thereof,
either as a means to its commission or as an
unintended effect of an activity that
constitutes rebellion. [Enrile vs. Salazar
(1990)]
All crimes, whether punishable under special
or general law, which are mere components
or ingredients, or committed in furtherance
thereof, become absorbed in the crime of
rebellion and cannot be isolated and charged
as separate crimes themselves. [Enrile vs.
Amin (1990)]
Both motive and overt acts are essential
components of the crime of rebellion. If the
political motive of a supposedly rebellious act
cannot be sufficiently proven, the accused
should be convicted of the common crime
(e.g. murder) and not of rebellion.
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Rebellion is not covered by Art. 2 on (a) Offender is a person or persons belonging

extraterritorial jurisdiction. [People v.
Lovedioro (1995)]
Rebellion vs. Insurrection
Rebellion Insurrection
Object is to completely A movement seeking
overthrow and to effect some change
supplant the existing of minor importance or
government to prevent the exercise
of governmental
authority with respect
to particular matters or
subjects
to the military or police or holding any
public office or employment;
(b) It is committed by means of a swift attack
accompanied by violence, intimidation,
threat, strategy or stealth;
(c) The attack is directed against the duly
constituted authorities of the Republic of
the Philippines, or any military camp or
installation, communication networks,
public utilities or other facilities needed
for the exercise and continued possession
of power;
(d) The purpose of the attack is to seize or
diminish state power.

Rebellion vs. Treason Persons who may commit coup d’état:

Rebellion Treason (1) It may be committed singly or collectively
(2) Requires as a principal offender a
The levying of war The levying of war member of the AFP, PNP, or a public
against the against the officer with or without civilian support
government during government would
peace time for any constitute treason Coup d’état, when considered as
purpose mentioned in when performed to aid Terrorism
Art. 134 the enemy; it would A person who commits an act punishable as
also constitute coup d’état under Article 134-A of the Revised
adherence to the Penal Code, including acts committed by
enemy, giving him aid private persons, thereby sowing and creating
and comfort a condition of widespread and extraordinary
Always involves taking Mere adherence to the fear and panic among the populace, in order
up arms against the enemy giving him aid to coerce the government to give in to an
government. and comfort unlawful demand shall be guilty of the crime
of terrorism.
Note: There is no crime of misprision of
ARTICLE 135 - PENALTY FOR REBELLION,
rebellion.
INSURRECTION OR COUP D’ÉTAT
Rebellion vs. Sedition
Persons liable for rebellion,
Rebellion Sedition insurrection or coup d’état
There must be taking It is sufficient that the (1) The leaders:
up of arms against the public uprising be (a) Any person who promotes, maintains
government. tumultuous. or heads a rebellion or insurrection;
or
The purpose is always The purpose may be (b) Any person who leads, directs or
political. political or social. commands others to undertake a
coup d’état;
Note: When any of the objectives of rebellion is (2) The participants:
pursued but there is no public uprising in the (a) Any person who participates or
legal sense, the crime is direct assault of the executes the commands of others in
first form. rebellion or insurrection;
(b) Any person in the government service
ARTICLE 134-A - COUP D’ÉTAT who participates or executes
directions or commands of others in
Elements: undertaking a coup d’état;

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(c) Any person not in the government
service who participates, supports,
finances, abets or aids in undertaking
a coup d’état.
(d) If under the command of unknown
leaders, any person who directed the
others, spoke for them, signed
receipts and other documents issued
in their name on behalf of the rebels
shall be deemed a leader.
(ii) Continuing to discharge the duties of
their offices under the control of the
rebels
(iii) Accepting appointment to office
under them.
The crime presupposes rebellion committed
by other persons. Offender must not be in
conspiracy with the rebels, otherwise, he is
himself guilty of rebellion.

It is not a defense in rebellion that the ARTICLE 138 - INCITING TO REBELLION OR

accused never took the oath of allegiance to,
or that they never recognized the
Government. [US vs. del Rosario]
Mere silence or omission is not punishable in
rebellion. [US vs. Ravidas]
ARTICLE 136 - CONSPIRACY AND
PROPOSAL TO COMMIT COUP D’ ÉTAT,
REBELLION OR INSURRECTION
Mode 1: Conspiracy to commit coup
d’état, rebellion or insurrection
INSURRECTION
Elements:
(a) Offender does not take arms or is not in
open hostility against the government;
(b) He incites others to the execution of any
of the acts of rebellion;
(c) The inciting is done by means of speeches,
proclamations, writings, emblems,
banners or other representations tending
to the same end.
Note: There is no crime of inciting to treason.

Elements: Inciting to Rebellion vs. Proposal to

(a) Two or more persons come to an Commit Rebellion
agreement to swiftly attack or to rise Proposal to Commit
publicly and take arms against the Inciting to Rebellion
Rebellion
Government for any of the purposes of
The offender induces another to commit
rebellion or insurrection;
rebellion. Rebellion should not be actually
(b) They decide to commit it.
committed by the persons to whom it is
proposed or who are incited. Otherwise, they
Mode 2: Proposal to commit coup
become principals by inducement in the
d’état, rebellion or insurrection
crime of rebellion.
Elements: The person who There is no need that
(a) A person has decided to swiftly attack or proposes has decided the offender has
to rise publicly and take arms against the to commit rebellion. decided to commit
Government for any of the purposes of rebellion.
rebellion or insurrection; The person who The act of inciting is
(b) Such person proposes its execution to proposes the done publicly.
some other person or persons. execution of the crime
uses secret means.
ARTICLE 137 - DISLOYALTY OF PUBLIC
OFFICERS OR EMPLOYEES

Elements:
(a) Offender is a public officer or employee;
(b) Offender commits any of the following
acts:
(i) Failing to resist a rebellion by all the
means in their power;

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ARTICLE 139 - SEDITION Conspiracy Proposal

When two or more When the person who
Elements:
persons come to an has decided to rise
(a) Offenders rise publicly and tumultuously;
agreement to rise publicly and take arms
(b) Offenders employ force, intimidation, or
publicly and take arms against the
other means outside of legal methods;
against government for government for any of
(c) Purpose is to attain any of the following
any of the purposes of the purposes of
objects:
rebellion and decide to rebellion proposes its
(i) To prevent the promulgation or
commit it execution to some
execution of any law or the holding of
other person or
any popular election;
persons
(ii) To prevent the national government
or any provincial or municipal the crime of rebellion or insurrection, or
government or any public officer from attempted coup d’état [Sec. 29, RA 10591]
exercising its or his functions, or
prevent the execution of an
administrative order;
(iii) To inflict any act of hate or revenge Sedition vs. Rebellion
upon the person or property of any Sedition Rebellion
public officer or employee;
(iv) To commit, for any political or social There must be a public uprising.
end, any act of hate or revenge It is sufficient that the There must be taking
against private persons or any social public uprising is up of arms against the
classes; tumultuous. government.
(v) To despoil for any political or social The purpose of the The purpose of the
end, any person, municipality or offenders may be offenders is always
province, or the national government political or social political.
of all its property or any part thereof
Sedition vs. Coup d’état
Tumultuous - If caused by m ore than
three persons who are armed or provided Sedition Coup d’état
with the means of violence. [Art. 163] There is no distinction Offender belongs to
as to who may commit; the military or police or
The purpose of this crime is not the a private individual holding any public
overthrowing of the government but the may commit the office or employment
violation of public peace. offense
Public uprising and an object of sedition must Primary purpose is to To seize or to diminish
concur disturb public peace state power

Under R.A. 8294 (Act Amending PD No. 1866 Sedition vs. Treason
or the Firearms Law), sedition absorbs the use Sedition Treason
of unlicensed firearm as an element thereof;
hence, it is not an aggravating circumstance, It is the raising of It is the violation by a
and the offender can no longer be prosecuted commotions or subject of his
for illegal possession of firearm. [Boado, disturbances in the allegiance to his
Comprehensive Reviewer in Criminal Law] State. sovereign.

If the violation of RA 10591 (Comprehensive In one case, a friction between the Philippine
Firearms and Ammunition Regulation Act) is constabulary and the Manila police escalated
in furtherance of, or incident to, or in and resulted in the deaths of 6 policemen
connection with the crime of rebellion of and 2 civilians and in the serious injuries of 3
insurrection, or attempted coup d’état, such civilians. The Court held that unlike the crime
violation shall be absorbed as an element of of rebellion, common crimes committed in
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the occasion of sedition are to be appreciated
as separate crimes. [People vs. Cabrera (1922)]
ARTICLE 140 - PERSONS LIABLE FOR
SEDITION
(1) The leader of the sedition;
(2) Other person participating in the sedition
ARTICLE 141 - CONSPIRACY TO COMMIT
SEDITION
Elements:
(a) Two or more persons come to an
agreement and a decision to rise publicly
and tumultuously to attain any of the
objects of sedition;
(b) They decide to commit it.
Note: There is no proposal to commit
sedition.
ARTICLE 142 – INCITING TO SEDITION
(b) He uttered words or speeches and writing,
publishing or circulating scurrilous libels
and that
(i) Tend to disturb or obstruct any lawful
officer in conducting the functions of
his office;
(ii) Tend to instigate others to cabal and
meet together for unlawful purposes;
(iii) Suggest or incite rebellious
conspiracies or riots; or
(iv) Lead or tend to stir up the people
against the lawful authorities or to
disturb the peace of the community,
the safety and order of the
government
Considering that the objective of sedition is to
express protest against the government and
in the process creating hate against public
officers, any act that will generate hatred
against the government or a public officer
concerned or a social class may amount to
Inciting to Sedition.

Mode1. Inciting others to the The essence of seditious libel is its immediate
accom plishm ent of any of the acts tendency to stir up general discontent to the
which constitute sedition by means of pitch of illegal courses or to induce people to
speeches, proclamations, writings, resort to illegal methods in order to redress
emblems, etc. the evils which press upon their minds.
[Espuelas vs. People]
Elements:
(a) Offender does not take direct part in the Scurrilous - low, vulgar, mean or foul
crime of sedition;
(b) He incites others to the accomplishment A published writing which calls the
of any of the acts which constitute government one of crooks and dishonest
sedition by means of speeches, persons ("dirty") infested with Nazis and
proclamations, writings, emblems, Fascists i.e. dictators, and which reveals a
cartoons, banners, or other tendency to produce dissatisfaction or a
representations tending towards the feeling incompatible with the disposition to
same end. remain loyal to the government, is a
scurrilous libel against the Government.
Mode 2. Uttering seditious words
or speeches which tend to disturb the Any citizen may criticize his government and
public peace; government officials and submit his criticism
to the "free trade of ideas." However, such
Mode 3. W riting, publishing, or criticism should be specific and therefore
circulating scurrilous libels against constructive specifying particular
the governm ent or any of the duly objectionable actuations of the government;
constituted authorities thereof, which it must be reasoned or tempered, and not a
tend to disturb the public peace. contemptuous condemnation of the entire
government setup [Espuelas vs. People, supra]
Elements:
(a) Offender does not take part in the crime Constitutional Tests relative to
of sedition. seditious words:
Clear and Present Danger Rule:
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The words must be of such nature that by to interrupt its proceedings or to

uttering them there is a danger of a public impair the respect due it.
uprising and that such danger should be both
clear and imminent. The danger must not Complaint may be filed by a member of the
only be probable but very likely inevitable. legislative body. One who disturbs may also
be punished for contempt by Congress.
Dangerous Tendency Rule:
If the words used tend to create a danger of ARTICLE 145 - VIOLATION OF
public uprising, then those words could PARLIAMENTARY IMMUNITY
properly be the subject of a penal clause
Mode 1: Using force, intim idation,
CHAPTER II - CRIMES AGAINST threats, or frauds to prevent any
member of Congress from attending
POPULAR REPRESENTATION the m eetings of Congress or of any of
its com m ittees or subcom m ittees,
ARTICLE 143 - ACTS TENDING TO PREVENT
constitutional com m issions or
THE MEETING OF THE CONGRESS OF THE
com m ittees or divisions thereof, or
PHILIPPINES AND SIMILAR BODIES
from expressing his opinion or casting
his vote;
Elements:
(a) There is a projected or actual meeting of
Elements:
Congress or any of its committees or
(a) Offender uses force, intimidation, threats
subcommittees, constitutional
or fraud;
committees or divisions thereof, or of any
(b) The purpose of the offender is to prevent
provincial board or city or municipal
any member of Congress from:
council or board;
(i) Attending the meetings of the
(b) Offender, who may be any person,
Congress or of any of its committees
prevents such meetings by force or fraud.
or constitutional commissions;
(ii) Expressing his opinion; or
Nobody has the right to dissolve by means of
(iii) Casting his vote.
violence the meeting of a municipal council,
under the pretext that said meeting is legally
Note: Offender in mode 1 is any person
defective, when the defect is not manifest,
and requires an investigation before its
Mode 2: Arresting or searching
existence can be determined. Where a
any m em ber thereof while Congress is
municipal council is holding a meeting, a
in regular or special session, except in
presumption arises that the meeting is not
case such m em ber has com m itted a
legally defective [People vs. Alipit and Alemus]
crim e punishable under the Code by a
penalty higher than prision m ayor.
ARTICLE 144 - DISTURBANCE OF
Elements:
PROCEEDINGS
(a) Offender is a public officer of employee;
(b) He arrests or searches any member of
Elements:
Congress;
(a) There is a meeting of Congress or any of
(c) Congress, at the time of arrest or search,
its committees or subcommittees,
is in regular or special session;
constitutional commissions or
(d) The member arrested or searched has not
committees or divisions thereof, or of any
committed a crime punishable under the
provincial board or city or municipal
Code by a penalty higher than prision
council or board;
mayor.
(b) Offender does any of the following acts:
(i) He disturbs any of such meetings;
Parliamentary immunity does not protect
(ii) He behaves while in the presence of
members of Congress from responsibility in
any such bodies in such a manner as
accordance with the disciplinary rules of
Congress itself.
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(2) Persons merely present at the meeting,

Members of Congress cannot be arrested for
offenses punishable by a penalty less than
prision mayor (6 years and 1 day to 12 years),
while Congress is in session. They can be
prosecuted after Congress adjourns. [1987
Constitution]
To be consistent with the 1987 Constitution,
the phrase by “a penalty higher than prision
mayor” in Article 145 should be amended to
read “by the penalty of prision mayor or
higher.” [Reyes, 2012]
CHAPTER III – ILLEGAL
ASSEMBLIES AND ASSOCIATIONS
ARTICLE 146 - ILLEGAL ASSEMBLIES
Mode 1: Any meeting attended by
arm ed persons for the purpose of
com m itting any of the crim es
punishable under the Code;
who must have a common intent to
commit the felony of illegal assembly.
In the first form of illegal assembly, the
persons present at the meeting must be
armed. But the law does not require that all
the persons present must be armed. The
unarmed persons present at the meeting are
also liable.
Presumptions if a person carried an
unlicensed firearm:
(1) The purpose of the meeting insofar as he
is concerned is to commit acts punishable
under the RPC
(2) He is considered a leader or organizer of
the meeting.
Note: Not all persons present at the meeting
of the first form of illegal assembly must be
armed.
ARTICLE 147 - ILLEGAL ASSOCIATIONS

(1) Associations totally or partially organized

for the purpose of committing any of the
Elements:
crimes punishable under the Code;
(a) There is a meeting, a gathering or group
(2) Associations totally or partially organized
of persons, whether in a fixed place or
for some purpose contrary to public
moving;
morals.
(b) The meeting is attended by armed
persons;
Persons liable:
(c) The purpose of the meeting is to commit
(1) Founders, directors and president of the
any of the crimes punishable under the
association;
Code.
(2) Mere members of the association.
Mode 2: Any meeting in which the
Public Morals – matters which affect the
audience, whether arm ed or not, is
interest of society and public convenience,
incited to the com m ission of the crim e
not limited to good customs
of treason, rebellion or insurrection,
sedition, or assault upon person in
Illegal Assemblies vs. Illegal
authority or his agents.
Associations
Elements: Illegal Assembly Illegal Association
(a) There is a meeting, a gathering or group There must be an Actual meeting not
of persons, whether in a fixed place or actual meeting or necessary
moving; assembly
(b) The audience, whether armed or not, is
incited to the commission of the crime of What is punished are What is punished is the
treason, rebellion or insurrection, sedition the meeting and the act of forming or
or direct assault. attendance therein organizing the
association
Persons liable for illegal assembly: Persons liable: Persons liable:
(1) The organizer or leaders of the meeting; (1) organizers or (1) founders, directors,
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leaders of the president
meeting (2) members
(2) persons present at
the meeting
BP 880 - PUBLIC ASSEMBLY ACT OF
1985
Sec. 9. Non-interference by law enforcement
authorities - Law enforcement agencies shall
not interfere with the holding of a public
assembly. However, to adequately ensure
public safety, a law enforcement contingent
under the command of a responsible police
officer may be detailed and stationed in a
place at least one hundred (100) meter away
from the area of activity ready to maintain
peace and order at all times.
Sec. 10. Police assistance when requested - It
shall be imperative for law enforcement
agencies, when their assistance is requested
by the leaders or organizers, to perform their
duties always mindful that their responsibility
to provide proper protection to those
exercising their right peaceably to assemble
and the freedom of expression is primordial.
Towards this end, law enforcement agencies
shall observe the following guidelines:
(a) Members of the law enforcement
contingent who deal with the
demonstrators shall be in complete
uniform with their nameplates and units
to which they belong displayed
prominently on the front and dorsal parts
of their uniform and must observe the
policy of "maximum tolerance" as herein
defined;
(b) The members of the law enforcement
contingent shall not carry any kind of
firearms but may be equipped with baton
or riot sticks, shields, crash helmets with
visor, gas masks, boots or ankle high
shoes with shin guards;
(c) Tear gas, smoke grenades, water cannons,
or any similar anti-riot device shall not be
used unless the public assembly is
attended by actual violence or serious
threats of violence, or deliberate
destruction of property.
Sec. 11. Dispersal of public assembly with
permit - No public assembly with a permit
shall be dispersed. However, when an
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CRIMINAL LAW
assembly becomes violent, the police may
Founders, directors, presiden
disperse such public assembly as
Organizers or leaders of the meetingfollows: The member
(a) At the first sign of impending violence, the
ranking officer of the law
Persons enforcement
present
contingent shall call the attention of the
leaders of the public assembly and ask
the latter to prevent any possible
disturbance;
(b) If actual violence starts to a point where
rocks or other harmful objects from the
participants are thrown at the police or at
the non-participants, or at any property
causing damage to such property, the
ranking officer of the law enforcement
contingent shall audibly warn the
participants that if the disturbance
persists, the public assembly will be
dispersed;
(c) If the violence or disturbances prevailing
as stated in the preceding subparagraph
should not stop or abate, the ranking
officer of the law enforcement contingent
shall audibly issue a warning to the
participants of the public assembly, and
after allowing a reasonable period of time
to lapse, shall immediately order it to
forthwith disperse;
(d) No arrest of any leader, organizer or
participant shall also be made during the
public assembly unless he violates during
the assembly a law, statute, ordinance or
any provision of this Act. Such arrest shall
be governed by Article 125 of the Revised
Penal Code, as amended:
(e) Isolated acts or incidents of disorder or
branch of the peace during the public
assembly shall not constitute a group for
dispersal.
Sec. 12. Dispersal of public assembly without
permit - When the public assembly is held
without a permit where a permit is required,
the said public assembly may be peacefully
dispersed.
Sec. 13. Prohibited acts - The following shall
constitute violations of this Act:
(a) The holding of any public assembly as
defined in this Act by any leader or
organizer without having first secured
that written permit where a permit is
required from the office concerned, or the
use of such permit for such purposes in
any place other than those set out in said
permit: Provided, however, That no
person can be punished or held criminally
UP LAW BOC
liable for participating in or attending an
otherwise peaceful assembly;
(b) Arbitrary and unjustified denial or
modification of a permit in violation of the
provisions of this Act by the mayor or any
other official acting in his behalf.
(c) The unjustified and arbitrary refusal to
accept or acknowledge receipt of the
application for a permit by the mayor or
any official acting in his behalf;
(d) Obstructing, impeding, disrupting or
otherwise denying the exercise of the
right to peaceful assembly;
(e) The unnecessary firing of firearms by a
member of any law enforcement agency
or any person to disperse the public
assembly;
(f) Acts in violation of Section 10 hereof;
(g) Acts described hereunder if committed
within one hundred (100) meters from the
area of activity of the public assembly or
on the occasion thereof:
(1) the carrying of a deadly or offensive
weapon or device such as firearm,
pillbox, bomb, and the like;
(2) the carrying of a bladed weapon and
the like;
(3) the malicious burning of any object in
the streets or thoroughfares;
(4) the carrying of firearms by members
of the law enforcement unit;
(5) the interfering with or intentionally
disturbing the holding of a public
assembly by the use of a motor
vehicle, its horns and loud sound
systems.
CHAPTER IV - ASSAULT UPON AND
RESISTANCE AND DISOBEDIENCE
TO, PERSONS IN AUTHORITY AND
THEIR AGENTS
ARTICLE 148 - DIRECT ASSAULT
Mode 1. W ithout public uprising,
by employing force or intim idation for
the attainm ent of any of the purposes
enumerated in defining the crimes of
rebellion and sedition;
Elements:
(a) Offender employs force or intimidation;
CRIMINAL LAW 2 CRIMINAL LAW
(b) The aim of the offender is to attain any of
the purposes of the crime of rebellion or
any of the objects of the crime of sedition;
(c) There is no public uprising.
Mode 2. W ithout public uprising,
by attacking, by employing force or by
seriously intimidating or by seriously
resisting any person in authority or
any of his agents, while engaged in
the perform ance of official duties, or
on occasion of such perform ance.
Elements:
(a) Offender makes an attack, employs force,
makes a serious intimidation, or makes a
serious resistance;
(b) The person assaulted is a person in
authority or his agent;
(c) At the time of the assault, the person in
authority or his agent is engaged in the
actual performance of official duties, or
that he is assaulted by reason of the past
performance of official duties;
(d) Offender knows that the one he is
assaulting is a person in authority or his
agent in the exercise of his duties.
(e) There is no public uprising.
The first form of direct assault is tantamount
to rebellion or sedition, except that there is
no public uprising.
Classifications of direct assault: simple and
qualified.
Assault is qualified when:
(1) There is a weapon employed in the attack
(2) The offender is a public officer
(3) The offender lays hands on a public
authority
“Person in authority” - any person
directly vested with jurisdiction, whether as
an individual or as a member of some court or
governmental corporation, board, or
commission, shall be deemed a person in
authority.
“Directly vested with jurisdiction” - the
power or authority to govern and execute the
laws.
Teachers, professors and persons in charge
with the supervision of public or duly
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recognized private schools, colleges and government. of some court authority, is

universities shall be deemed persons in or charged with
authority, in applying the provisions of governmental the
Articles 148 and 151. For other purposes, such corporation, maintenance
as to increase the penalty by reason of the board or of public order
aggravating circumstances where a person in commission. and the
authority is involved, the teachers and protection and
professors are not persons in authority. security of life
and property.
When the assault results in the killing of that
agent or of a person in authority, the offense Teachers, lawyers and heads of schools
committed is complex crime of direct assault recognized by government are persons in
with murder or homicide. The only time when authority only for purposes of Art. 152 in
it is not complexed is when material relation to Arts. 148 and 151, and in connection
consequence is a light felony, that is, slight with their duties.
physical injury. Direct assault absorbs the
lighter felony. A person in authority includes a barangay
chairman and members of the Lupong
The force employed need not be serious when Tagapagkasundo as provided under the Local
the offended party is a person in authority; Government Code. [Boado]
Intimidation or resistance must be serious The status as a person in authority being a
whether the offended party is a person in matter of law, ignorance thereof is no excuse.
authority or an agent of a person in authority.
Where a barangay chief tanod was a mere
If the public officer is not a person in authority, bystander at the crime scene, he not acting,
the assault on him is an aggravating and had no occasion to act, in the performance
circumstance in Art. 14, no. 3 (rank). There of his official duties, the attack on him did not
must be, however, intent to disregard the amount to direct assault [People vs. Recto,
victim’s rank. [Boado, Comprehensive 2001]
Reviewer in Criminal Law]
Gelig vs. People, 2010
Gabutero was acting in the performance of Facts: Accused was charged with the complex
his duties [as he was trying to pacify crime of direct assault with unintentional
Dollantes who was causing trouble] as homicide when she confronted her son’s
barangay captain when he was stabbed to teacher for calling her son names and pushed
death. Thus, the crime committed was her, causing her to fall and hit a wall divider.
murder with assault upon a person in Two days later the teacher suffered abdominal
authority. [People vs. Dollantes (1987)] pains and was found to have suffered
incomplete abortion.
ARTICLE 152 - PERSONS IN AUTHORITY
AND AGENTS OF PERSONS IN AUTHORITY Held: Accused only liable for direct assault.
While the medical certificate of the teacher’s
Agents of a attending physician was presented to the court
Persons in
Public Officer Person in to prove that she suffered an abortion, there is
Authority (Art.
(Art. 203) Authority (Art. no data in the document to prove that her
152)
152) medical condition was a direct consequence of
Any person Any person Any person the incident; It was therefore vital for the
who takes part directly who, by direct prosecution to present the doctor since she
in the vested with provision of was competent to establish a link, if any,
performance jurisdiction, law or by between assault and abortion; Without her
of public whether as an election or by testimony, there is no way to ascertain the
functions in individual or appointment exact effect of the assault on the abortion
the as a member by competent
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ARTICLE 149 - INDIRECT ASSAULT
Elements:
(a) A person in authority or his agent is the
victim of any of the forms of direct assault
defined in Article 148;
(b) A person comes to the aid of such
authority or his agent;
(c) Offender makes use of force or
intimidation upon such person coming to
the aid of the authority or his agent.
Indirect assault can only be committed when
a direct assault is also committed.
Article 152 clothes any person who comes to
the aid of a person in authority with the
fiction of an agent of a person in authority.
Any assault on him on the occasion of his
aiding a person in authority or his agent is
indirect assault.
ARTICLE 150 - DISOBEDIENCE TO
SUMMONS ISSUED BY CONGRESS, ITS
COMMITTEES OR SUBCOMMITTEES, BY
THE CONSTITUTIONAL COMMISSIONS, ITS
COMMITTEES, SUBCOMMITTEES OR
DIVISIONS
Mode 1. By refusing, without legal excuse, to
obey summons of Congress, its special or
standing committees and subcommittees,
the Constitutional Commissions and its
committees, subcommittees or divisions, or
by any commission or committee chairman or
member authorized to summon witnesses;
Mode 2. By refusing to be sworn or
placed under affirmation while being before
such legislative or constitutional body or
official;
Mode 3. By refusing to answer any
legal inquiry or to produce any books, papers,
documents, or records in his possession,
when required by them to do so in the
exercise of their functions;
Mode 4. By restraining another from
attending as a witness in such legislative or
constitutional body;
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CRIMINAL LAW
Mode 5. By inducing disobedience to a
summons or refusal to be sworn by any such
body or official.
The testimony of a person summoned must
be upon matters into which the legislature
has jurisdiction to inquire.
ARTICLE 151 - RESISTANCE AND
DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF SUCH
PERSONS
Mode 1: Resistance and serious
disobedience
Elements:
(a) A person in authority or his agent is
engaged in the performance of official
duty or gives a lawful order to the
offender;
(b) Offender resists or seriously disobeys
such person in authority or his agent;
(c) The act of the offender is not included in
the provision of Articles 148, 149 and 150.
Mode 2: Sim ple disobedience
Elements:
(a) An agent of a person in authority is
engaged in the performance of official
duty or gives a lawful order to the
offender;
(b) Offender disobeys such agent of a person
in authority;
(c) Such disobedience is not of a serious
nature.
Resistance and Serious Disobedience
The accused must have knowledge that the
person giving the order is a peace officer. [US
vs. Bautista]
The disobedience contemplated consists in
the failure or refusal to obey a direct order
from the authority or his agent.
Sim ple Disobedience
In simple disobedience, the offended party
must be only an agent of a person in
authority. The order must be lawful. The
disobedience should not be of a serious
nature.
 UP LAW BOC
Serious Disobedience vs. Direct
Assault
Serious Disobedience Direct Assault
Person in authority or Person in authority or
his agent must be in his agent must be
actual performance of engaged in the
his duties performance of official
duties or he
assaulted by reason of
the past performance
of official duties
Committed only by Committed in four
resisting or seriously ways (see Art. 148,
disobeying a person in Mode 2 above)
authority or his agent
Use of force in There is
resistance is not so employed
serious
CHAPTER V - PUBLIC DISORDERS
ARTICLE 153 - TUMULTS AND OTHER
DISTURBANCES OF PUBLIC ORDER
Mode 1: Causing any serious disturbance in
a public place, office or
establishment;
Mode 2: Interrupting or disturbing
performances, functions or
gatherings, or peaceful meetings, if
the act is not included in Arts. 131
and 132;
Mode 3: Making any outcry tending to incite
rebellion or sedition in any meeting,
association or public place;
Mode 4: Displaying placards or emblems
which provoke a disturbance of
public order in such place;
Mode 5: Burying with pomp the body of a
person who has been legally
executed.
Serious disturbance must be planned or
intended. This article applies if the
disturbance is not caused by a public officer;
or, if it is committed by a public officer, he is a
participant therein.
Outcry – to shout 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.
CRIMINAL LAW 2 CRIMINAL LAW
If done unconsciously or without intent to
incite the listeners to rise to sedition or
rebellion, this article applies.
If done with intent to commit rebellion or
sedition: The crime is inciting to rebellion or
sedition.
is Tumultuous – if caused by more than 3
persons who are armed or provided with the
means of violence
Burying with pom p the body of a
person – ostentatious display of a burial
ARTICLE 154 - UNLAWFUL USE OF MEANS
OF PUBLICATION AND UNLAWFUL
force
UTTERANCES
Mode 1. Publishing or causing to be
published, by means of printing,
lithography or any other means of
publication, as news any false
news which may endanger the
public order, or cause damage to
the interest or credit of the State.
Mode 2. Encouraging disobedience to the
law or to the constituted
authorities or praising, justifying
or extolling any act punished by
law, by the same means or by
words, utterances or speeches;
Mode 3: Maliciously publishing or causing
to be published any official
document or resolution without
proper authority, or before they
have been published officially
Mode 4: Printing, publishing or
distributing (or causing the same)
books, pamphlets, periodicals, or
leaflets which do not bear the
real printer’s name, or which are
classified as anonymous.
To be liable, the offender must know that the
news is false.
Actual public disorder or actual damage to
the credit of the State is not necessary. The
mere possibility of causing such danger or
damage is sufficient.
PAGE 177 OF 342
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ARTICLE 155 - ALARMS AND SCANDALS
Mode 1: Discharging any firearm, rocket,
firecracker, or other explosive
within any town or public place,
calculated to cause (which
produces) alarm or danger;
Mode 2: Instigating or taking an active
part in any charivari or other
disorderly meeting offensive to
another or prejudicial to public
tranquility;
Mode 3: Disturbing the public peace while
wandering about at night or while
engaged in any other nocturnal
amusements;
Mode 4: Causing any disturbances or
scandal in public places while
intoxicated or otherwise, provided
Art. 153 is not applicable.
The crime “alarms and scandal” is only one
crime.
Scandal here does not refer to moral scandal;
that one is grave scandal in Article 200.
The essence of the crime is disturbance of
public tranquility and public peace.
Disturbance of serious nature falls under
Article 153, not under paragraph 4 of this
article.
Any kind of disturbance of public order where
the circumstance at the time renders the act
offensive to the tranquility prevailing, the
crime is committed.
Charivari – includes a medley of discordant
voices, a mock serenade of discordant noises
made on kettles, tin, horns, etc. designed to
annoy or insult
Note: “Calculated to cause” should be
“which produces” alarm and danger
according to the correct translation of the
RPC. Hence, the result, and not the intent,
that counts. [Reyes]
PAGE 178 OF 342
CRIMINAL LAW
ARTICLE 156 - DELIVERING PRISONERS
FROM JAIL
Elements:
(a) There is a person confined in a jail or
penal establishment;
(b) Offender removes therefrom such person,
or helps the escape of such person.
If the prisoner who escapes is only a
detention prisoner, he does not incur liability
from escaping if he does not know of the plan
to remove him from jail. But if such prisoner
knows of the plot to remove him from jail and
cooperates therein by escaping, he himself
becomes liable for delivering prisoners from
jail as a principal by indispensable
cooperation.
If the prisoner removed or whose escape is
made possible by the commission of the
crime of delivering prisoner from jail is a
detention prisoner, such prisoner is not
criminally liable. A prisoner is criminally
liable for leaving the penal institution only
when there is evasion of the service of his
sentence which can be committed only by a
convict by final judgment.
Offender is usually an outsider. The violation
of Article 156 is committed by a public officer
when he is not the custodian of the prisoner
at the time the prisoner was made to escape.
If the offender is a public officer who had the
prisoner in his custody or charge, he is liable
for infidelity in the custody of a prisoner
under Article 223.
If three persons are involved – a stranger, the
custodian and the prisoner – three crimes are
committed:
(1) Infidelity in the custody of prisoners
[public officer-custodian];
(2) Delivery of the prisoner from jail
[stranger]; and
(3) Evasion of service of sentence [prisoner].
Cledera, as the governor, is the jailer of the
Province. Esmeralda is the Assistant
Provincial Warden. As public officials who
have the custody or charge of the prisoner,
they cannot be prosecuted under Art. 156.
Art 223 would have applied; however, there is
no sufficient evidence to warrant their
UP LAW BOC
prosecution for infidelity in the custody of
prisoner. It is necessary that the public officer
had consented to, or connived in, the escape
of the prisoner under his custody or charge.
[Alberto v. Dela Cruz (1980)]
CHAPTER VI - EVASION OF SERVICE
OF SENTENCE
ARTICLE 157 - EVASION OF SERVICE OF
SENTENCE
Elements:
(a) Offender is a convict by final judgment;
(b) He is serving sentence which consists in
the deprivation of liberty;
(c) He evades service of his sentence by
escaping during the term of his
imprisonment.
Qualifying circumstances as
penalty im posed if such evasion or
escape takes place:
(1) By means of unlawful entry (this should
be “by scaling” - Reyes);
(2) By breaking doors, windows, gates, walls, DISORDERS,
roofs or floors;
(3) By using picklock, false keys, disguise, Elements:
deceit, violence or intimidation; or
(4) Through connivance with other convicts or who is confined in a penal institution;
employees of the penal institution.
Evasion of service of sentence has three
forms:
(1) By simply leaving or escaping from the
penal establishment under Article 157;
(2) Failure to return within 48 hours after
having left the penal establishment
because of a calamity, conflagration or
mutiny and such calamity, conflagration
or mutiny has been announced as already
passed under Article 158;
(3) Violating the condition of conditional
pardon under Article 159.
That the prisoner immediately returned after
leaving or escaping from jail or prison is
immaterial. It may be mitigating, but it will
not absolve his criminal liability.
Not applicable to sentence executed by
deportation because the convict was not
CRIMINAL LAW 2 CRIMINAL LAW
sentenced to imprisonment and thereafter
broke jail.
Applicable to sentence of destierro -
Inasmuch as the Revised Penal Code was
originally approved and enacted in Spanish,
the Spanish text governs. The word
"imprisonment" used in the English text is a
wrong or erroneous translation of the phrase
"sufriendo privacion de libertad" used in the
Spanish text. Although destierro does not
constitute imprisonment, it is a deprivation of
liberty, though partial, in the sense that as in
the present case, the appellant by his
sentence of destierro was deprived of the
liberty to enter the City of Manila.
One who, sentenced to destierro by virtue of
final judgment, and prohibited from entering
the City of Manila, enters said city within the
period of his sentence, is guilty of evasion of
to sentence under Article 157. [People vs.
Abilong]
ARTICLE 158 - EVASION OF SERVICE OF
SENTENCE ON THE OCCASION OF
CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
(a) Offender is a convict by final judgment,
(b) There is disorder, resulting from –
(i) conflagration;
(ii) earthquake;
(iii) explosion;
(iv) similar catastrophe; or
(v) mutiny in which he has not
participated;
(c) He evades the service of his sentence by
leaving the penal institution where he is
confined, on the occasion of such disorder
or during the mutiny;
(d) He fails to give himself up to the
authorities within 48 hours following the
issuance of a proclamation by the Chief
Executive announcing the passing away
of such calamity.
PAGE 179 OF 342
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Leaving the penal establishment is not the Violation of Conditional Evasion of Service of
basis of criminal liability. W hat is Pardon Sentence
punished is the failure to return
Does not cause harm An attempt at least to
within 48 hours after the passing of
or injury to the right of evade the penalty
the calam ity, conflagration or m utiny
another person nor inflicted by the courts
had been announced.
does it disturb the upon criminals and
public order; merely an thus defeat the
Under Article 158, those who return within 48
infringement of the purpose of the law of
hours are given credit or deduction from the
stipulated terms in either reforming or
remaining period of their sentence equivalent
conditional pardon punishing them for
to 1/5 of the original term of the sentence.
having disturbed the
public order.
If the prisoner fails to return within said 48
hours, there will be an additional penalty of
1/5 of the time still remaining to be served CHAPTER VII - COMMISSION OF
under the original sentence. In no case shall ANOTHER CRIME DURING SERVICE
that penalty exceed six months. OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE
Mutiny is one of the causes which may
authorize a convict serving sentence in the
ARTICLE 160 - QUASI RECIDIVISM
penitentiary to leave the jail provided he has
not taken part in the mutiny.
Elements:
(a) Offender was already convicted by final
ARTICLE 159 - OTHER CASES OF EVASION
judgment of one offense;
OF SERVICE OF SENTENCE
(b) He committed a new felony before
beginning to serve such sentence or while
Elements:
serving the same.
(a) Offender was a convict;
(b) He was granted a conditional pardon by
Quasi-recidivism is a special aggravating
the Chief Executive;
circumstance where a person, after having
(c) He violated any of the conditions of such
been convicted by final judgment, shall
pardon.
commit a new felony before beginning to
serve such sentence, or while serving the
Violation of conditional pardon is a distinct
same. He shall be punished by the maximum
crime. In violation of conditional pardon, as a
period of the penalty prescribed by law for
rule, the violation will amount to this crime
the new felony.
only if the condition is violated during the
The first crime for which the offender is
remaining period of the sentence.
serving sentence need not be a felony.
[People vs. Peralta]
Offender must be found guilty of subsequent
offense before he can be prosecuted under
The word “another” does not mean that the
Article 159. [Torres vs. Gonzales]
new felony be different from the one for
which the offender is serving sentence
If the condition of the pardon is violated when
[People vs. Yabut, 1933]
the remaining unserved portion of the
sentence has already lapsed, there will be no
more criminal liability for the violation.
However, the convict maybe required to serve
the unserved portion of the sentence, that is,
continue serving original penalty.

Violation of Conditional Pardon vs.

Evasion of Service of Sentence by
Escaping

PAGE 180 OF 342

UP LAW BOC
Quasi-Recidivism Recidivism
The 2 offenses need The 2 offenses must
not be embraced in be embraced in the
the same title of the same title of the
Code Code
Quasi-Recidivism Reiteracion
Offender committed Offender must have
a new felony before served out the
beginning to serve sentence for the prior
such sentence or offense
while serving the
same
SPECIAL LAWS
PD 1866 AS AMENDED BY RA 8294:
ILLEGAL POSSESSION OF FIREARMS
Sec. 1. Unlawful manufacture, sale, acquisition,
disposition or possession of firearms or
ammunition or instruments used or intended
to be used in the manufacture of firearms or
ammunition.— The penalty of prision
correccional in its maximum period and a fine
of not less than Fifteen thousand pesos
(P15,000) shall be imposed upon any person
who shall unlawfully manufacture, deal in,
acquire, dispose, or possess any low powered
firearm, such as rimfire handgun, .380 or .32
and other firearm of similar firepower, part of
firearm, ammunition, or machinery, tool or
instrument used or intended to be used in the
manufacture of any firearm or ammunition:
Provided, That no other crime was committed.
The penalty of prision mayor in its minimum
period and a fine of Thirty thousand pesos
(P30,000) shall be imposed if the firearm is
classified as high powered firearm which
includes those with bores bigger in diameter
than .38 caliber and 9 millimeter such as
caliber .40, .41, .44, .45 and also lesser
calibered firearms but considered powerful
such as caliber .357 and caliber .22 center-
fire magnum and other firearms with firing
capability of full automatic and by burst of
two or three: Provided, however, That no
other crime was committed by the person
arrested.
CRIMINAL LAW 2 CRIMINAL LAW
If homicide or murder is committed with the
use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an
aggravating circumstance.
If the violation of this section is in furtherance
of or incident to, or in connection with the
crime of rebellion or insurrection, sedition, or
attempted coup d’état, such violation shall be
absorbed as an element of the crime of
rebellion, or insurrection, sedition, or
attempted coup d’état.
The same penalty shall be imposed upon the
owner, president, manager, director or other
responsible officer of any public or private
firm, company, corporation or entity, who
shall willfully or knowingly allow any of the
firearms owned by such firm, company,
corporation or entity to be used by any person
or persons found guilty of violating the
provisions of the preceding paragraphs or
willfully or knowingly allow any of them to
use unlicensed firearms or firearms without
any legal authority to be carried outside of
their residence in the course of their
employment.
The penalty of arresto mayor shall be
imposed upon any person who shall carry any
licensed firearm outside his residence without
legal authority therefor.
Sec. 2. Presumption of Illegal Manufacture of
Firearms or Ammunition.— The possession of
any machinery, tool or instrument used
directly in the manufacture of firearms or
ammunition, by any person whose business
or employment does not lawfully deal with
the manufacture of firearms or ammunition,
shall be prima facie evidence that such article
is intended to be used in the unlawful/illegal
manufacture of firearms or ammunition.
Sec. 3. Unlawful manufacture, sale, acquisition,
disposition or possession of explosives. — The
penalty of prision mayor in its maximum
period to reclusion temporal and a fine of not
less than Fifty thousand pesos (P50,000)
shall be imposed upon any person who shall
unlawfully manufacture, assemble, deal in,
acquire, dispose or possess hand grenade(s),
rifle grenade(s), and other explosives,
including but not limited to 'pillbox,' 'molotov
cocktail bombs,' 'fire bombs,' or other
PAGE 181 OF 342
UP LAW BOC
incendiary devices capable of producing
destructive effect on contiguous objects or
causing injury or death to any person.
When a person commits any of the crimes
defined in the Revised Penal Code or special
laws with the use of the aforementioned
explosives, detonation agents or incendiary
devices, which results in the death of any
person or persons, the use of such explosives,
detonation agents or incendiary devices shall
be considered as an aggravating
circumstance.
If the violation of this Sec. is in furtherance of,
or incident to, or in connection with the crime
of rebellion, insurrection, sedition or
attempted coup d'etat, such violation shall be
absorbed as an element of the crimes of
rebellion, insurrection, sedition or attempted
coup d'etat.
The same penalty shall be imposed upon the
owner, president, manager, director or other
responsible officer of any public or private
firm, company, corporation or entity, who
shall willfully or knowingly allow any of the
explosives owned by such firm, company,
corporation or entity, to be used by any
person or persons found guilty of violating
the provisions of the preceding paragraphs
Sec. 3-A. Unlawful Manufacture, Sales,
Acquisition, Disposition, Importation or
Possession of a Part, Ingredient, Machinery,
Tool or Instrument Used or Intended to be
Used for the Manufacture, Construction,
Assembly, Delivery or Detonation.— The
penalty of reclusion perpetua shall be
imposed upon any person who shall willfully
and unlawfully manufacture, assemble, deal
in, acquire, dispose, import or possess any
part, ingredient, machinery, tool or
instrument of any explosive or incendiary
device, whether chemical, mechanical,
electronic, electrical or otherwise, used or
intended to be used by that person for its
manufacture, construction, assembly,
delivery or detonation, where the explosive or
incendiary device is capable or is intended to
be made capable of producing destructive
effect on contiguous objects or causing injury
or death to any person.
PAGE 182 OF 342
CRIMINAL LAW 2 CRIMINAL LAW
Provided, That the mere possession of any
part, ingredient, machinery, tool or
instrument directly used in the manufacture,
construction, assembly, delivery or
detonation of any explosive or incendiary
device, by any person whose business activity,
or employment does not lawfully deal with
the possession of such article shall be prima
facie evidence that such article is intended to
be used by that person in the unlawful/illegal
manufacture, construction, assembly,
delivery or detonation of an explosive or
incendiary device.
Provided, however, That a temporary
incidental, casual, harmless or transient
possession or control of any part, machinery,
tool or instrument directly used in the
manufacture, construction, assembly,
delivery or detonation of any explosive or
incendiary device, without the knowledge of
its existence or character as part, ingredient,
machinery, tool or instrument directly used in
the manufacture, construction, assembly,
delivery or detonation of any explosive or
incendiary device, shall not be a violation of
this Section.
Provided, further, That the temporary,
incidental, casual, harmless, or transient
possession or control of any part, ingredient,
machinery, tool or instrument directly used in
the manufacture, construction, assembly,
delivery or detonation of any explosive or
incendiary device for the sole purpose of
surrendering it to the proper authorities shall
not be a violation of this Section.
Provided, finally, That in addition to the
instances provided in the two (2) immediately
preceding paragraphs, the court may
determine the absence of the intent to
possess, otherwise referred to as “animus
possidendi”, in accordance with the facts and
circumstances of each case and the
application of other pertinent laws, among
other things, Articles 11 and 12 of the Revised
Penal Code, as amended.
Sec. 3-B. Penalty for the Owner, President,
Manager, Director or Other Responsible Officer
of Any Public or Private Firm, Company,
Corporation or Entity.— The penalty of
reclusion perpetua shall be imposed upon the
owner, president, manager, director or other
UP LAW BOC CRIMINAL LAW 2
responsible officer of any public or private
firm, company, corporation or entity, who
shall willfully or knowingly allow any
explosive or incendiary device or parts thereof
owned or controlled by such firm, company,
corporation or entity to be used by any person
or persons found guilty of violating the
provisions of the preceding paragraphs.
Sec. 3-C. Relationship of Other Crimes with a
Violation of this Decree and the Penalty
Therefor.— When a violation of Section 3, 3-A
or 3-B of this Decree is a necessary means for
committing any of the crimes defined in the
Revised Penal Code or special laws, or is in
furtherance of, incident to, in connection with,
by reason of, or on occasion of any of the
crimes defined in the Revised Penal Code or
special laws, the penalty of reclusion
perpetua and a fine ranging from One
hundred Thousand pesos (P100,000.00) to
One million pesos (P1,000,000.00) shall be
imposed.
Sec. 3-D. Former Conviction or Acquittal;
Double Jeopardy.— Subject to the provisions
of the Rules of Court on double jeopardy, if
the application thereof is more favorable to
the accused, the conviction or acquittal of the
accused or the dismissal of the case for
violation of this Decree shall be a bar to
another prosecution of the same accused for
any offense where the violation of this Decree
was a necessary means for committing the
offense or in furtherance of which, incident to
which, in connection with which, by reason of
which, or on occasion of which, the violation
of this Decree was committed, and vice versa.
Sec. 4. Responsibility and liability of Law
Enforcement Agencies and Other Government
Officials and Employees in Testifying as
Prosecution Witnesses.— Any member of law
enforcement agencies or any other
government official and employee who, after
due notice, fails or refuses, intentionally or
negligently, to appear as a witness for the
prosecution of the defense in any proceeding,
involving violations of this Decree, without
any valid reason, shall be punished with
reclusion temporal and a fine of Five hundred
Thousand pesos (P500,000.00) in addition
to the administrative liability he/she may be
meted out by his/her immediate superior
and/or appropriate body.
PAGE 183 OF 342
CRIMINAL LAW
The immediate superior of the member of the
law enforcement agency or any other
government employee mentioned in the
preceding paragraph shall be penalized with
prision correccional and a fine of not less than
Ten Thousand pesos (P10,000.00) but not
more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual
absolute disqualification from public office if
despite due notice to them and to the witness
concerned, the former does not exert
reasonable effort to present the latter to the
court.
The member of the law enforcement agency
or any other government employee
mentioned in the preceding paragraphs shall
not be transferred or reassigned to any other
government office located in another
territorial jurisdiction during the pendency of
the case in court. However, the concerned
member of the law enforcement agency or
government employee may be transferred or
reassigned for compelling reasons: Provided,
That his/her immediate superior shall notify
the court where the case is pending of the
order to transfer or reassign, within twenty-
four (24) hours from its approval: Provided,
further, That his/her immediate superior
shall be penalized with prision correccional
and a fine of not less than Ten thousand
pesos (P10,000.00) but not more than Fifty
thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification
from public office, should he/she fail to notify
the court of such order to transfer or reassign.
Prosecution and punishment under this
Section shall be without prejudice to any
liability for violation of any existing law.
Sec. 4-A. Criminal Liability for Planting of
Evidence.— Any person who is found guilty of
“planting” any explosive or incendiary device
or any part, ingredient, machinery, tool or
instrument of any explosive or incendiary
device, whether chemical, mechanical,
electronic, electrical or otherwise, shall suffer
the penalty of reclusion perpetua.
Planting of evidence shall mean the willful
act by any person of maliciously and
surreptitiously inserting, placing, adding or
attaching, directly or indirectly, through any
UP LAW BOC CRIMINAL LAW 2
overt or covert act, whatever quantity of any
explosive or incendiary device or any part,
ingredient, machinery, tool or instrument of
any explosive or incendiary device, whether
chemical, mechanical, electronic, electrical or
otherwise in the person, house, effects or in
the immediate vicinity of an innocent
individual for the purpose of implicating,
incriminating or imputing the commission of
any violation of this Decree.
Sec. 5. Tampering of Firearm’s Serial
Number.— The penalty of prision correccional
shall be imposed upon any person who shall
unlawfully tamper, change, deface or erase
the serial number of any firearm.
Sec. 6. Repacking or Altering the Composition
of Lawfully Manufactured Explosives.— The
penalty of prision correccional shall be
imposed upon any person who shall
unlawfully repack, alter or modify the
composition of any lawfully manufactured
explosives.
Sec. 7. Unauthorized Issuance of Authority to
Carry Firearm and/or Ammunition Outside of
Residence.— The penalty of prision
correccional shall be imposed upon any
person, civilian or military, who shall issue
authority to carry firearm and/or ammunition
outside of residence, without authority
therefor.
COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
(RA 10591).
This Act repeals Sections 1, 2, 5 and 7 of
Presidential Decree No. 1866, as amended,
and Section 6 of Republic Act No. 8294 and
all other laws, executive orders, letters of
instruction, issuances, circulars,
administrative orders, rules or regulations
that are inconsistent herewith (Sec. 45)
Penal Provisions
Sec. 28. Unlawful Acquisition, or Possession of
Firearms and Ammunition. – The unlawful
acquisition, possession of firearms and
ammunition shall be penalized as follows:
(a) The penalty of prision mayor in its medium
period shall be imposed upon any person
PAGE 184 OF 342
CRIMINAL LAW
who shall unlawfully acquire or possess a
small arm;
(b) The penalty of reclusion
temporal to reclusion perpetua shall be
imposed if three (3) or more small arms
or Class-A light weapons are unlawfully
acquired or possessed by any person;
(c) The penalty of prision mayor in its
maximum period shall be imposed upon
any person who shall unlawfully acquire
or possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be
imposed upon any person who shall,
unlawfully acquire or possess a Class-B
light weapon;
(e) The penalty of one (1) degree higher than
that provided in paragraphs (a) to (c) in
this section shall be imposed upon any
person who shall unlawfully possess any
firearm under any or combination of the
following conditions:
(1) Loaded with ammunition or inserted
with a loaded magazine;
(2) Fitted or mounted with laser or any
gadget used to guide the shooter to
hit the target such as thermal
weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes,
firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel;
and
(5) Converted to be capable of firing full
automatic bursts.
(f) The penalty of prision mayor in its
minimum period shall be imposed upon
any person who shall unlawfully acquire
or possess a major part of a small arm;
(g) The penalty of prision mayor in its
minimum period shall be imposed upon
any person who shall unlawfully acquire
or possess ammunition for a small arm or
Class-A light weapon. If the violation of
this paragraph is committed by the same
person charged with the unlawful
acquisition or possession of a small arm,
the former violation shall be absorbed by
the latter;
(h) The penalty of prision mayor in its medium
period shall be imposed upon any person
who shall unlawfully acquire or possess a
major part of a Class-A light weapon;
(i) The penalty of prision mayor in its medium
period shall be imposed upon any person
who shall unlawfully acquire or possess
ammunition for a Class-A light weapon. If
UP LAW BOC
the violation of this paragraph is
committed by the same person charged
with the unlawful acquisition or
possession of a Class-A light weapon, the
former violation shall be absorbed by the
latter;
(j) The penalty of prision mayor in its
maximum period shall be imposed upon
any person who shall unlawfully acquire
or possess a major part of a Class-B light
weapon; and
(k) The penalty of prision mayor in its
maximum period shall be imposed upon
any person who shall unlawfully acquire
or possess ammunition for a Class-B light
weapon. If the violation of this paragraph
is committed by the same person charged
with the unlawful acquisition or
possession of a Class-B light weapon, the
former violation shall be absorbed by the
latter.
Sec. 29. Use of Loose Firearm in the
Commission of a Crime. – The use of a loose
firearm, when inherent in the commission of a
crime punishable under the Revised Penal
Code or other special laws, shall be
considered as an aggravating circumstance:
Provided, That if the crime committed with
the use of a loose firearm is penalized by the
law with a maximum penalty which is lower
than that prescribed in the preceding section
for illegal possession of firearm, the penalty
for illegal possession of firearm shall be
imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime
committed with the use of a loose firearm is
penalized by the law with a maximum
penalty which is equal to that imposed under
the preceding section for illegal possession of
firearms, the penalty of prision mayor in its
minimum period shall be imposed in addition
to the penalty for the crime punishable under
the Revised Penal Code or other special laws
of which he/she is found guilty.
If the violation of this Act is in furtherance of,
or incident to, or in connection with the crime
of rebellion of insurrection, or attempted
coup d’etat, such violation shall be absorbed
as an element of the crime of rebellion or
insurrection, or attempted coup d’etat.
If the crime is committed by the person
without using the loose firearm, the violation
of this Act shall be considered as a distinct
and separate offense.
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CRIMINAL LAW 2 CRIMINAL LAW
Sec. 30. Liability of Juridical Person. – The
penalty of prision mayor in its minimum
to prision mayor in its medium period shall be
imposed upon the owner, president,
manager, director or other responsible officer
of/any public or private firm, company,
corporation or entity who shall willfully or
knowingly allow any of the firearms owned by
such firm, company, corporation or entity to
be used by any person or persons found guilty
of violating the provisions of the preceding
section, or willfully or knowingly allow any of
them to use unregistered firearm or firearms
without any legal authority to be carried
outside of their residence in the course of
their employment.
Sec. 31. Absence of Permit to Carry Outside of
Residence. – The penalty of prision
correccional and a fine of Ten thousand pesos
(P10,000.00) shall be imposed upon any
person who is licensed to own a firearm but
who shall carry the registered firearm outside
his/her residence without any legal authority
therefor.
Sec. 32. Unlawful Manufacture, Importation,
Sale or Disposition of Firearms or Ammunition
or Parts Thereof, Machinery, Tool or Instrument
Used or Intended to be Used in the
Manufacture of Firearms, Ammunition or Parts
Thereof. – The penalty of reclusion
temporal to reclusion perpetua shall be
imposed upon any person who shall
unlawfully engage in the manufacture,
importation, sale or disposition of a firearm or
ammunition, or a major part of a firearm or
ammunition, or machinery, tool or instrument
used or intended to be used by the same
person in the manufacture of a firearm,
ammunition, or a major part thereof.
The possession of any machinery, tool or
instrument used directly in the manufacture
of firearms, ammunition, or major parts
thereof by any person whose business,
employment or activity does not lawfully deal
with the possession of such article, shall be
prima facie evidence that such article is
intended to be used in the unlawful or illegal
manufacture of firearms, ammunition or
parts thereof.
The penalty of prision mayor in its minimum
period to prision mayor in its medium period
shall be imposed upon any laborer, worker or
employee of a licensed firearms dealer who
shall unlawfully take, sell or otherwise
dispose of parts of firearms or ammunition
UP LAW BOC CRIMINAL LAW 2
which the company manufactures and sells,
and other materials used by the company in
the manufacture or sale of firearms or
ammunition. The buyer or possessor of such
stolen part or material, who is aware that
such part or material was stolen, shall suffer
the same penalty as the laborer, worker or
employee.
If the violation or offense is committed by a
corporation, partnership, association or other
juridical entity, the penalty provided for in
this section shall be imposed upon the
directors, officers, employees or other
officials or persons therein who knowingly
and willingly participated in the unlawful act.
Sec. 33. Arms Smuggling. – The penalty
of reclusion perpetua shall be imposed upon
any person who shall engage or participate in
arms smuggling as defined in this Act.
Sec. 34. Tampering, Obliteration or Alteration
of Firearms Identification. – The penalty
of prision correccional to prision mayor in its
minimum period shall be imposed upon any
person who shall tamper, obliterate or alter
without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including
the name of the maker, model, or serial
number of any firearm, or who shall replace
without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including
its individual or peculiar identifying
characteristics essential in forensic
examination of a firearm or light weapon.
The PNP shall place this information,
including its individual or peculiar identifying
characteristics into the database of
integrated firearms identification system of
the PNP Crime Laboratory for future use and
identification of a particular firearm.
Sec. 35. Use of an Imitation Firearm. – An
imitation firearm used in the commission of a
crime shall be considered a real firearm as
defined in this Act and the person who
committed the crime shall be punished in
accordance with this Act: Provided, That
injuries caused on the occasion of the
conduct of competitions, sports, games, or
any recreation activities involving imitation
firearms shall not be punishable under this
Act.
Sec. 36. In Custodia Legis. – During the
pendency of any case filed in violation of this
Act, seized firearm, ammunition, or parts
thereof, machinery, tools or instruments shall
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CRIMINAL LAW
remain in the custody of the court. If the court
decides that it has no adequate means to
safely keep the same, the court shall issue an
order to turn over to the PNP Crime
Laboratory such firearm, ammunition, or
parts thereof, machinery, tools or instruments
in its custody during the pendency of the case
and to produce the same to the court when so
ordered. No bond shall be admitted for the
release of the firearm, ammunition or parts
thereof, machinery, tool or instrument. Any
violation of this paragraph shall be
punishable by prision mayor in its minimum
period to prision mayor in its medium period.
Sec. 37. Confiscation and Forfeiture. – The
imposition of penalty for any violation of this
Act shall carry with it the accessory penalty of
confiscation and forfeiture of the firearm,
ammunition, or parts thereof, machinery, tool
or instrument in favor of the government
which shall be disposed of in accordance with
law.
Sec. 38. Liability for Planting Evidence. – The
penalty of prision mayor in its maximum
period shall be imposed upon any person
who shall willfully and maliciously insert;
place, and/or attach, directly or indirectly,
through any overt or covert act, any firearm,
or ammunition, or parts thereof in the person,
house, effects, or in the immediate vicinity of
an innocent individual for the purpose of
implicating or incriminating the person, or
imputing the commission of any violation of
the provisions of this Act to said individual. If
the person found guilty under this paragraph
is a public officer or employee, such person
shall suffer the penalty of reclusion perpetua.
Sec. 39. Grounds for Revocation, Cancellation
or Suspension of License or Permit. – The Chief
of the PNP or his/her authorized
representative may revoke, cancel or suspend
a license or permit on the following grounds:
(a) Commission of a crime or offense
involving the firearm, ammunition, of
major parts thereof;
(b) Conviction of a crime involving moral
turpitude or any offense where the
penalty carries an imprisonment of more
than six (6) years;
(c) Loss of the firearm, ammunition, or any
parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or
major parts thereof outside of residence
or workplace without, the proper permit
to carry the same;
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(e) Carrying of the firearm, ammunition, or misrepresentation or submission of falsified

major parts thereof in prohibited places; documents shall suffer the penalty of prision
(f) Dismissal for cause from the service in correccional.
case of government official and
employee; RA 9372: HUMAN SECURITY ACT
(g) Commission of any of the acts penalized (See Special Laws in Title I)
under Republic Act No. 9165, otherwise
known as the “Comprehensive Dangerous
Drugs Act of 2002 ;
(h) Submission of falsified documents or
misrepresentation in the application to
obtain a license or permit;
(i) Noncompliance of reportorial
requirements; and
(j) By virtue of a court order.

Sec. 40. Failure to Notify Lost or Stolen

Firearm or Light Weapon. – A fine of Ten
thousand pesos (P10,000.00) shall be
imposed upon any licensed firearm holder
who fails to report to the FEO of the PNP that
the subject firearm has been lost or stolen
within a period of thirty (30) days from the
date of discovery.
Likewise, a fine of Five thousand pesos
(P5,000.00) shall be imposed upon any
person holding a valid firearm license who
changes residence or office address other
than that indicated in the license card and
fails within a period of thirty (30) days from
said transfer to notify the FEO of the PNP of
such change of address.

SEC. 41. Illegal Transfer/Registration of

Firearms. – It shall be unlawful to transfer
possession of any firearm to any person who
has not yet obtained or secured the necessary
license or permit thereof.
The penalty of prision correccional shall be
imposed upon any person who shall violate
the provision of the preceding paragraph. In
addition, he/she shall be disqualified to apply
for a license to possess other firearms and all
his/her existing firearms licenses whether for
purposes of commerce or possession, shall be
revoked. If government-issued firearms,
ammunition or major parts of firearms or
light weapons are unlawfully disposed, sold
or transferred by any law enforcement agent
or public officer to private individuals, the
penalty of reclusion temporal shall be
imposed.
Any public officer or employee or any person
who shall facilitate the registration of a
firearm through fraud, deceit,
PAGE 187 OF 342
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Title IV. Crimes against
Public Interest
Acts of Counterfeiting
(1) Article 162 - Using Forged Signature or
Counterfeit Seal or Stamp
(2) Article 161 - Counterfeiting the Great Seal
of the Government of the Philippine
Islands, Forging the Signature or Stamp
of the Chief Executive
(3) Article 164 - Mutilation of Coins
(4) Article 163 - Making and Importing and
Uttering False Coins
(5) Article 165 - Selling of False or Mutilated
Coin, Without Connivance
(6) Article 167 - Counterfeiting, Importing,
and Uttering Instruments Not Payable to
Bearer
(7) Article 166 - Forging Treasury or Bank
Notes or Other Documents Payable to
Bearer; Importing and Uttering Such
False or Forged Notes and Documents
Acts of Forgery
(1) Article 168 - Illegal Possession and Use of
False Treasury or Bank Notes and Other
Instruments of Credit
(2) Article 169 - How Forgery is Committed
Acts of Falsification
(1) Article 170 - Falsification of Legislative
Documents
(2) Article 171 - Falsification by Public Officer,
Employee or Notary or Ecclesiastical
Minister
(3) Article 172 - Falsification by Private
Individual and Use of Falsified
Documents
(4) Article 173 - Falsification of Wireless,
Cable, Telegraph and Telephone
Messages, and Use of Said Falsified
Messages
(5) Article 175 - Using False Certificates
(6) Article 174 - False Medical Certificates,
False Certificates of Merits or Service, etc.
(7) Article 176 - Manufacturing and
Possession of Instruments or Implements
for Falsification
Other Falsities
(1) Article 177 - Usurpation of Authority or
Official Functions
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CRIMINAL LAW 2 CRIMINAL LAW
(2) Article 179 - Illegal Use of Uniforms and
Insignia
(3) Article 178 - Using Fictitious and
Concealing True Name
(4) Article 180 - False Testimony Against a
Defendant
(5) Article 181 - False Testimony Favorable to
the Defendant
(6) Article 182 - False Testimony in Civil
Cases
(7) Article 184 - Offering False Testimony in
Evidence
(8) Article 183 - False Testimony in Other
Cases and Perjury in Solemn Affirmation
(9) Article 185 - Machinations in Public
Auctions
(10) Article 186 – Monopolies and
Combinations in Restraint of Trade
(11) Article 187 – Importation and Disposition
of Falsely Marked Articles or Merchandise
Made of Gold, Silver, or other Precious
Metals or their Alloys
The crimes in this title are in the nature of
fraud or falsity to the public. Deceit
perpetrated upon the public is the act being
punished.
ACTS OF COUNTERFEITING
ARTICLE 161 - COUNTERFEITING THE
GREAT SEAL OF THE GOVERNMENT OF
THE PHILIPPINE ISLANDS, FORGING THE
SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE
Acts punished: Forging the
(1) Great Seal of the Government of the
Philippines;
(2) Signature of the President;
(3) Stamp of the President.
When the signature of the president is forged,
the crime committed is covered by this
provision and not falsification of public
document.
Intent to use is necessary. Actual use,
however, is not required, as long as the forger
intended to use it.
UP LAW BOC CRIMINAL LAW 2
ARTICLE 162 – USING FORGED SIGNATURE
OR COUNTERFEIT SEAL OR STAMP
Elements:
(a) The great Seal of the Republic was
counterfeited or the Signature or stamp
of the Chief Executive was forged by
another person;
(b) Offender Knew of the counterfeiting or
forgery;
(c) He used the counterfeit seal or forged
signature or stamp.
Note: Offender under this article should not
be the forger. Otherwise, he will be penalized
under Article 161. The participation of the
offender is in effect that of an accessory.
Although the general rule is that he should
be punished by a penalty of two degrees
lower, under Article 162 he is punished by a
penalty only one degree lower.
ARTICLE 163 – MAKING AND IMPORTING
AND UTTERING FALSE COINS
Elements:
(a) There be False or counterfeited coins;
(b) Offender either made, imported or
uttered such coins;
(c) In case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers.
To utter is to pass counterfeited coins. It
includes delivery or the act of giving them
away. A counterfeited coin is uttered when it
is paid, when the offender is caught counting
the counterfeited coins preparatory to the act
of delivering them, even though the utterer
may not obtain the gain he intended
[Decisions of the Supreme Court of Spain]
To import fake coins means to bring them
into port. The importation is complete before
entry at the Customs House [US vs. Lyman]
Kinds of coins the counterfeiting of
which is punished
(1) Silver coins of the Philippines or coins of
the Central Bank of the Philippines;
(2) Coins of the minor coinage of the
Philippines or of the Central Bank of the
Philippines;
(3) Coin of the currency of a foreign country.
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CRIMINAL LAW
The counterfeiting of foreign currency is
punishable, regardless of whether or not it is
still in official circulation. The reason behind
this is not only the harm that it may cause to
the public in case it goes into circulation
again, but also the possibility that the
counterfeiter may later apply his trade to the
making of coins in actual circulation. [People
vs. Kong Leon]
ARTICLE 164 – MUTILATION OF COINS
Acts punished
(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.
The first acts of falsification or falsity include:
(1) Counterfeiting
(2) Forgery
(3) Falsification
In so far as coins in circulation are concerned,
there are two crimes that may be committed:
(1) Counterfeiting coins
(2) Mutilation of coins
Requisites of M utilation under The
RPC:
(1) Coin mutilated is of legal tender;
(2) Offender gains from the precious metal
dust abstracted from the coin;
(3) It has to be a coin.
“Mutilation” means to take off part of the
metal either by filling it or substituting it for
another metal of inferior quality.
Since the coins before were made of silver
and/or other precious metal, shaving the
metal from the coins became a practice.
Hence, the coin’s intrinsic value is diminished.
This is the only article that requires that the
mutilated coin be legal tender.
Foreign coins are not covered in this article.
[Reyes, 2012]
UP LAW BOC CRIMINAL LAW 2
Deliberate intent arises only when the
offender collects the precious metal dust
from the mutilated coin.
PD 247
(July 18, 1973)
Prohibiting and Penalizing Defacement,
Mutilation, Tearing, Burning or Destruction of
Central Bank Notes and Coins
It shall be unlawful for any person to willfully
deface, mutilate, tear, burn or destroy, in any
manner whatsoever, currency notes and coins
issued by the Central Bank of the Philippines.
ARTICLE 165 – SELLING OF FALSE OR
MUTILATED COIN, WITHOUT CONNIVANCE
Mode 1: Possession of coin,
counterfeited or m utilated by another
person, with intent to utter the same,
knowing that it is false or m utilated;
Elements:
(a) Possession;
(b) With Intent to utter; and
(c) Knowledge.
Mode 2: Actually uttering such false
or m utilated coin, knowing the sam e
to be false or m utilated.
Elements:
(a) Actually uttering; and
(b) Knowledge.
Possession prohibited in this article is not
only actual and physical possession, but also
that of a constructive one, or the subjection of
the thing to one’s control. The possessor
should not be the counterfeiter, mutilator or
importer of the coins.
As long as the offender has knowledge that
the coin is false or mutilated, there is no need
for him to connive with the counterfeiter or
mutilator.
ARTICLE 166 – FORGING TREASURY OR
BANK NOTES OR OTHER DOCUMENTS
PAYABLE TO BEARER; IMPORTING AND
UTTERING SUCH FALSE OR FORGED
NOTES AND DOCUMENTS
Acts punished
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CRIMINAL LAW
(1) Forging or falsification of treasury or bank
notes or other documents payable to
bearer;
(2) Importation of such false or forged
obligations or notes;
(3) Uttering of such false or forged
obligations or notes in connivance with
the forgers or importers.
“Forging” - By giving any treasury or bank
note, or any instrument payable to bearer, or
to order the appearance of a true and
genuine document.
“Falsification” - By erasing, substituting,
counterfeiting or altering by any means, the
figures, letters, words, or signs contained
therein.
The instrument is payable to bearer:
(1) When expressed to be so payable
(2) When payable to a person named therein
or bearer
(3) When payable to the order of a fictitious
or non-existing person, and such fact was
known to the person making it so payable
(4) When the name of the payee does not
purport to be the name of any person
(5) When the only or last endorsement is an
endorsement in blank.
Reason for this is that the forging tends to
bring such documents into discredit and the
offense produces a lack of confidence on the
part of the holders of said documents to the
prejudice of society and of the State.
ARTICLE 167 – COUNTERFEITING,
IMPORTING, AND UTTERING
INSTRUMENTS NOT PAYABLE TO BEARER
Elements:
(a) There is an instrument payable to order
or other document of credit not payable
to bearer;
(b) Offender either forged, imported or
uttered such instrument;
(c) In case of uttering, he connived with the
forger or importer.
An instrument is payable to order where it is
drawn payable to the order of a specified
person or to him or his order.
UP LAW BOC
This covers instruments or other documents
of credit issued by a foreign government or
bank.
Forgery of currency is punished so as to
maintain integrity of the currency and thus
insure the credit standing of the government.
Connivance is not required in uttering if the
utterer is the forger.
ACTS OF FORGERY
ARTICLE 168 - ILLEGAL POSSESSION AND
USE OF FALSE TREASURY OR BANK
NOTES AND OTHER INSTRUMENTS OF
CREDIT
Elements:
(a) Any treasury or bank note or certificate or
other obligation and security:
(i) Payable to bearer, or any instrument
payable to order or other document
of credit not payable to bearer is
(ii) Forged or falsified by another person;
(b) Offender knows that any of those
instruments is forged or falsified;
(c) He either –
(i) Uses any of such forged or falsified
instruments; or
(ii) Possesses with intent to use any of
such forged or falsified instruments
The rule is that if a person had in his
possession a falsified document and he made
use of it, taking advantage of it and profiting
thereby, the presumption is that he is the
material author of the falsification. [People vs.
Sendaydiego, (1978)]
Possession of false treasury or bank notes
alone is not a criminal offense.
Intent to use is sufficient to consummate the
crime when the offender is in possession of
false or falsified notes or obligations.
The accused must have knowledge of the
forged character of the note.
ARTICLE 169 - HOW FORGERY IS
COMMITTED
CRIMINAL LAW 2 CRIMINAL LAW
(1) By giving to 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 by any means the figures,
letters, words, or sign contained therein.
Forgery includes falsification and
counterfeiting.
For possession of false treasury or bank note
to constitute a criminal offense, it must be
with intent to use.
The essence of forgery is giving a document
the appearance of a true and genuine
document.
Not any alteration of a letter, number, figure
or design would amount to forgery. At most,
it would only be frustrated forgery.
Possession of genuine treasury notes of the
Philippines any of “the figures, letters, words
or signs contained” in which had been erased
and/or altered, with knowledge of such
erasure and alteration, and with the intent to
use such notes in enticing another to advance
funds for the avowed purpose of financing the
manufacture of counterfeit treasury notes of
the Philippines, is punishable under Art. 168
in relation to Art. 166 (1) [Del Rosario vs.
People]
Forgery can be committed through the use of
genuine paper bills that have been
withdrawn from circulation, by giving them
the appearance of some other true and
genuine document. [People vs. Galano]
ACTS OF FALSIFICATION
ARTICLE 170 - FALSIFICATION OF
LEGISLATIVE DOCUMENTS
Elements:
(a) There is a bill, resolution or ordinance
enacted or approved or pending approval
by either House of the Legislature or any
provincial board or municipal council;
(b) Offender alters the same;
(c) He has no proper authority therefor;
PAGE 191 OF 342
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(d) The alteration has changed the meaning (3) Attributing to persons who have
of the documents. participated in an act or proceeding
statements other than those in fact
The writing must be: made by them;
(1) complete in itself; and (4) Making untruthful statements in a
(2) capable of extinguishing an obligation or narration of facts;
creating rights; or (5) Altering true dates;
(3) capable of becoming evidence of the (6) Making any alteration or intercalation
facts stated therein. in a genuine document which
changes its meaning;
Five classes of falsification: (7) Issuing in an authenticated form:
(1) Falsification of legislative documents; (i) A document purporting to be a
(2) Falsification of a document by a public copy of an original document
officer, employee or notary public; (ii) When no such original exists, or
(3) Falsification of a public or official, or (iii) Including in such a copy a
commercial documents by a private statement contrary to, or different
individual; from, that of the genuine original;
(4) Falsification of a private document by any (8) Intercalating any instrument or note
person; relative to the issuance thereof in a
(5) Falsification of wireless, telegraph and protocol, registry, or official book.
telephone messages.
1 st Element: Persons Liable under this
Falsification vs. Forgery Article
Forgery Falsification Under this article, only a public officer,
employee or notary public, or ecclesiastical
As used in Article 169, The commission of minister can be the offender.
forgery refers to the any of the 8 acts
falsification and mentioned in Article The ecclesiastical minister is liable with
counterfeiting of 171 on legislative (only respect to any record or document that its
treasury or bank the act if making falsification may affect the civil status of
notes or any alteration) public or persons.
instruments payable official, commercial or
to bearer or to order private documents or 2 nd Element: Offender Take Advantage
wireless or telegraph of his Official Position
messages. Offender takes advantage of his official
position in falsifying a document when:
ARTICLE 171 – FALSIFICATION BY PUBLIC (1) He has the duty to make or prepare, or
OFFICER, EMPLOYEE OR NOTARY OR intervene in the preparation of the
ECCLESIASTICAL MINISTER document; or
(2) He has the official custody of the
Elements: document he falsifies.
(a) Offender is a Public officer, employee, or
notary public; 3 rd Element: Offender Falsifies a
(b) He Takes advantage of his official Docum ent
position; A document is any written statement by
(c) He falsifies a document by committing which a right or status is established or an
any of the following acts: obligation is extinguished.
(1) Counterfeiting or imitating any
handwriting, signature or rubric; Par 1: Counterfeiting or imitating any
(2) Causing it to appear that persons handwriting, signature or rubric.
have participated in any act or 2 ways of committing falsification under this
proceeding when they did not in fact paragraph:
so participate; (1) Counterfeiting, which is imitating any
handwriting, signature or rubric

PAGE 192 OF 342

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(a) There should be an intent to imitate,
or an attempt to imitate
(b) Two signatures, the genuine and the
forged, should bear some
resemblance.
(2) Feigning, which is simulating a signature,
handwriting or rubric out of one which
does not actually exist.
Par 2: Causing it to appear that
persons have participated in any act
or proceeding when they did not in
fact so participate.
Requisites:
(a) Offender caused it to appear in a
document that a person/s participated in
an act or proceeding.
(b) Such person/s did not in fact participate.
Par 3: Attributing to persons who
have participated in an act or
proceeding statem ents other than
those in fact m ade by them
Requisites:
(a) Person/s participated in an act or
proceeding
(b) Such person/s made statements in that
act or proceeding
(c) Offender, in making a document,
attributed to such person/s statements
other than those they in fact made.
Par 4: Making untruthful statem ents
in a narration of facts
Requisites:
(a) Offender makes in a document
statements in a narration of facts
(b) He has a legal obligation to disclose truth
of facts
(c) Facts narrated are absolutely false
(d) Perversion of truth in the narration was
made with the wrongful intent of injuring
a third person.
There must be narration of facts, not
conclusion of law. There should be a legal
obligation to disclose the truth. [Beradio vs.
CA]
The person making the narration of facts
must be aware of the falsity of facts narrated
CRIMINAL LAW 2 CRIMINAL LAW
by him. The narration of facts must be
absolutely false. If there is some colorable
truth in such statements, crime of
falsification is not deemed to have been
committed.
The existence of a wrongful intent to injure a
third person is immaterial in falsification of a
public document. [Siquian vs. People]
There can be falsification by omission. An
assistant bookkeeper is guilty of falsification
by intentionally not putting a record in his
personal account of chits and destroyed them
so he could avoid paying the same. [People vs.
Dizon]
Par 5: Altering true dates
(1) The date must be essential
(2) The alteration of the date must affect the
veracity of the documents or the effects
thereof (such as dates of birth, marriage,
or death).
Par 6: M aking any alteration or
intercalation in a genuine docum ent
which changes its meaning
Requisites:
(a) There be an alteration (change) or
intercalation (insertion) on a document.
(b) It was made on a genuine document.
(c) Alteration or intercalation has changed
the meaning of the document.
(d) Change made the document speak
something false.
Change or insertion must affect the integrity
or effects of the document. Furthermore, the
alteration should make the document speak
something false. Otherwise, it would merely
be a correction.
Par 7: Issuing in an authenticated
form a docum ent purporting to be a
copy of an original docum ent when no
such original exists, or including in
such a copy a statement contrary to,
or different from , that of the genuine
original
Falsification in this paragraph cannot be
committed by a private individual, or by a
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notary public, or by a public officer, who does
not take advantage of his official position.
This is because authentication of a document
can only be made by the custodian or the one
who prepared and retained a copy of the
original.
(1) Purporting to be a copy of the original
when no such original exists.
(2) Including in a copy a statement contrary
to, or different from, that of the genuine
original.
(a) A document issued by a public official
in the exercise of the functions of his
office. It falls within the larger class
called public documents.
(b) A document required by a bureau to
be filled by its officers for purposes of
record and information is a public
document.
(3) Commercial document or any document
recognized by the Code of Commerce or
any commercial law; and

A private person who cooperates with a (4) A deed or instrument executed by a

public officer in the falsification of a public private person without the intervention of
document is guilty of the crime and incurs the a notary public or other persons legally
same liability and penalty. authorized. - Private document in the
execution of which only private
Par 1 Par 2 Par 3 Par 4 individuals take part.

May be a May be a May be a May be a The element of damage is not necessary

genuine genuine genuine genuine because it is the interest of the community
(later (later (later (later which is intended to be guaranteed.
falsified) falsified) falsified) falsified)
or an or an or an or an The character of the offender and his
entirely entirely entirely entirely faithfulness to his duty is mainly taken into
fabricated fabricated fabricated fabricated consideration.
document document document document
Par 5 Par 6 Public and Private W ritings under The
Par 7 Par 8
Rules Of Court:
May be a There There There (1) Written official acts, or records, of the
genuine must be a must be a must be a official acts of the sovereign authority,
(later genuine genuine genuine official bodies and tribunals, and public
falsified) document document document officers
or an (2) Documents acknowledged before a
entirely notary public except last will and
fabricated testaments
document (3) Public records kept in the Philippines, of
private documents required by law to be
Four Kinds of Documents entered therein.
(1) Public document in the execution of
which, a person in authority or notary All other writings are private.
public has taken part;
(a) A document created, executed or After an investigation, a group of public
issued officers were caught and convicted of
(b) By a public official falsifying cash vouchers.
(c) In response to the exigencies of the
public service, On appeal the SC held that cash vouchers are
(d) Or in execution of w/c public official NOT commercial documents because they
intervened. are not documents used by merchants or
businessmen to promote or facilitate credit
(2) Official document in the execution of transactions nor are they defined and
which a public official takes part; regulated by the Code of Commerce or other
commercial law.

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Rather, they are private documents which
have been defined as:
(1) Deeds or instruments executed by a
private person
(2) Without the intervention of a public
notary or of other person legally
authorized,
(3) By which some disposition or agreement
is proved, evidenced or set forth. [People
vs. Batulanon (2007)]
ARTICLE 172 – FALSIFICATION BY PRIVATE
INDIVIDUAL AND USE OF FALSIFIED
DOCUMENTS
Mode 1: Falsification of public, official
or com m ercial docum ent by a private
individual;
Elements:
(a) Offender is a Private individual OR Public
officer or employee who did not take
advantage of his official position;
(b) He committed any act of Falsification
(Art. 171);
(c) The falsification was committed in a
public, official, or commercial document
or letter of exchange.
Mode 2: Falsification of private
docum ent by any person;
Elements:
(a) Offender committed any of the acts of
Falsification except Article 171(7), that is,
(1) Issuing in an authenticated form a
document purporting to be a copy of
an original document when no such
original exists, or
(2) Including in such a copy a statement
contrary to, or different from, that of
the genuine original;
(b) Falsification was committed in any
Private document;
(c) Falsification causes Damage to a third
party or at least the falsification was
committed with intent to cause such
damage.
Mode 3: Use of falsified document.
Elements in introducing in a judicial
proceeding
(a) Offender Knew that the document was
falsified by another person;
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CRIMINAL LAW 2 CRIMINAL LAW
(b) The False document is in Articles 171 or
172 (1 or 2);
(c) He Introduced said document in evidence
in any judicial proceeding.
Elements in use in any other
transaction –
(a) Offender Knew that a document was
falsified by another person;
(b) The False document is embraced in
Articles 171 or 172 (1 or 2);
(c) He Used such document;
(d) The use caused Damage to another or at
least used with intent to cause damage.
In the falsification of public or official
documents, it is not necessary that there be
present the idea of gain or the intent to cause
damage. This is because the principal thing
punished is the violation of public faith and
destruction of the truth as therein solemnly
proclaimed.
The existence of a wrongful intent to injure a
third person is not necessary when the
falsified document is a public document.
[Siquian vs. People]
Note: This statement applies as well to
commercial documents, because as to this
kind of document, a credit is sought to be
protected. [Reyes]
Since damage is not an element of
falsification of a public document, it could be
complexed with estafa, theft or malversation
as a necessary means to commit the latter
crimes.
There is no crime of falsification of private
document through negligence or
imprudence.
If the document is intended by law to be part
of the public or official record, the
falsification, although it was private at the
time of falsification, it is regarded as
falsification of a public or official document.
Falsification through imprudence implies lack
of such intent, thus there is no crime of
falsification of a private document through
negligence or imprudence.
UP LAW BOC CRIMINAL LAW 2
The possessor of a falsified document is
presumed to be the author of the falsification.
[People vs. Manansala]
The presumption also holds if the use was so
closely connected in time with the
falsification and the user had the capacity of
falsifying the document. [People vs.
Sendaydiego]
There is no crime of estafa through
falsification of a private document. Both
crimes, separately, require the element of
damage, which each of the two should have
its own.
The fraudulent gain obtained through deceit
should not be the very same damage caused
by the falsification of the private document.
In the crime of falsification of a public
document, the prescriptive period
commences from the time the offended party
had constructive notice of the alleged forgery
after the document was registered with the
Register of Deeds [People vs. Villalon]
ARTICLE 173 – FALSIFICATION OF
WIRELESS, CABLE, TELEGRAPH AND
TELEPHONE MESSAGES, AND USE OF SAID
FALSIFIED MESSAGES
Mode 1: Uttering fictitious wireless,
telegraph or telephone m essage;
Elements:
(a) Offender is an officer or employee of the
government or an officer or employee of a
private corporation, engaged in the
service of sending or receiving wireless,
cable or telephone message;
(b) He utters fictitious wireless, cable,
telegraph or telephone message.
Mode 2: Falsifying wireless, telegraph
or telephone m essage;
Elements:
(a) Offender is an officer or employee of the
government or an officer or employee of a
private corporation, engaged in the
service of sending or receiving wireless,
cable or telephone message;
(b) He falsifies wireless, cable, telegraph or
telephone message.
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CRIMINAL LAW
Mode 3: Using such falsified message.
Elements:
(a) Offender knew that wireless, cable,
telegraph, or telephone message
(1) Was falsified by an officer or
employee of the government or an
officer or employee of a private
corporation engaged in the service of
sending or receiving wireless, cable or
telephone message;
(b) He used such falsified dispatch;
(c) The use resulted in the prejudice of a
third party or at least there was intent to
cause such prejudice.
The public officer, to be liable, must be
engaged in the service of sending or receiving
wireless, cable, telegraph or telephone
message.
A private individual cannot be a principal by
direct participation in falsification of
telegraphic dispatches under Article 173,
unless he is an employee of a corporation
engaged in the business of sending or
receiving wireless, telegraph or telephone
messages. But a private individual can be
held criminally liable as principal by
inducement.
ARTICLE 174 – FALSE MEDICAL
CERTIFICATES, FALSE CERTIFCATES OF
MERITS OF SERVICE, ETC.
Persons liable
(1) Physician or surgeon who, in connection
with the practice of his profession, issues
a false certificate (it must refer to the
illness or injury of a person);
Note: The crime here is false medical
certificate by a physician.
(2) Public officer who issues a false
certificate of merit of service, good
conduct or similar circumstances;
Note: The crime here is false certificate
of merit or service by a public officer.
(3) Private person who falsifies a certificate
falling within the classes mentioned in
the two preceding subdivisions.
UP LAW BOC CRIMINAL LAW 2
Note: The crime here is false medical
certificate by a private individual or false
certificate of merit or service by a private
individual.
ARTICLE 175 – USING FALSE CERTIFICATES
Elements:
(a) The following Issues a false certificate:
(1) Physician or surgeon, in connection
with the practice of his profession,
issues a false Medical certificate;
(2) Public officer issues a false certificate
of Merit of service, good conduct or
similar circumstances;
(3) Private Person falsifies a certificate
falling within the 2 preceding
subdivisions.
(b) Offender Knows that the certificate was
false;
(c) He Uses the same.
When any of the false certificates mentioned
in Article 174 is used in a judicial proceeding,
Article 172 does not apply, because the use of
false document in judicial proceeding under
Article 172 is limited to those false documents
embraced in Articles 171 and 172.
ARTICLE 176 – MANUFACTURING AND
POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION
Acts punished:
(1) Making or introducing into the
Philippines any stamps, dies, marks, or
other instruments or implements for
counterfeiting or falsification;
(2) Possession with intent to use the
instruments or implements for
counterfeiting or falsification made in or
introduced into the Philippines by
another person.
As in Article 165, the possession
contemplated here is constructive
possession. The implements confiscated need
not form a complete set.
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CRIMINAL LAW
OTHER FALSITIES
ARTICLE 177 - USURPATION OF
AUTHORITY OR OFFICIAL FUNCTIONS
Mode 1: Usurpation of authority. (no
connection with the office
represented)
The mere act of knowingly and falsely
representing oneself to be an officer is
sufficient. It is not necessary that he perform
an act pertaining to a public officer.
Elements:
(a) Offender knowingly and falsely
Represents himself;
(b) As an Officer, agent or representative of
any department or agency of the
Philippine government or of any foreign
government.
Mode 2: Usurpation of official
functions. (excess of authority)
In usurpation of official functions, it is
essential that the offender should have
performed an act pertaining to a person in
authority or public officer, in addition to other
requirements.
Elements
(a) Offender Performs any act;
(b) Pertaining to any person in authority or
public officer of the Philippine
government or any foreign government,
or any agency thereof;
(c) Under Pretense of official position;
(d) Without being lawfully entitled to do so
The offender should have:
(1) represented himself to be an officer,
agent or representative of any agency of
the government; or
(2) performed an act pertaining to a person
in authority or public officer.
Article 177 may be violated by a public officer.
ARTICLE 178 - USING FICTITIOUS AND
CONCEALING TRUE NAME
Mode 1: Using fictitious name
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Elements:
(a) Offender uses a name other than his real
name;
(b) He uses the fictitious name publicly;
(c) Purpose of use is to conceal a crime, to
evade the execution of a judgment or to
cause damage [to public interest –
Reyes].
Mode 2: Concealing true name
Elements:
(a) Offender conceals his true name and
other personal circumstances;
(b) Purpose is only to conceal his identity.
Use of Fictitious Name Concealing True Name
Element of Publicity Publicity not
necessary
Purpose is to conceal Merely to conceal
a crime, evade identity.
execution of
judgment, cause
damage)
If the purpose is for causing damage, it must
be damage to public interest.
If it is damage to private interest, the crime
will be estafa under Art 315 2(a).
ARTICLE 179 - ILLEGAL USE OF UNIFORMS
AND INSIGNIA
Elements:
(a) Offender makes Use of insignia, uniforms
or dress;
(b) The insignia, uniforms or dress pertains
to an Office not held by such person or a
class of persons of which he is not a
member;
(c) Said insignia, uniform or dress is Used
publicly and improperly.
Exact imitation of a uniform or dress is
unnecessary; a colorable resemblance
calculated to deceive the common run of
people is sufficient.
CRIMINAL LAW 2 CRIMINAL LAW
ARTICLE 180 - FALSE TESTIMONY AGAINST
A DEFENDANT
Elements:
(a) There is a Criminal proceeding;
(b) Offender Testifies falsely under oath
against the defendant therein;
(c) Offender who gives false testimony
Knows that it is false.
(d) Defendant against whom the false
testimony is given is either acquitted or
convicted in a Final judgment.
The witness who gave the false testimony is
liable even if his testimony was not
considered by the court.
False Testimony – committed by a person
who, being under oath and required to testify
as to the truth of a certain matter at a hearing
before a competent authority, shall deny the
truth or say something contrary to it.
False testimony is punished because of its
tendency to prejudice defendant.
Three forms of false testimony:
(1) False testimony in criminal cases under
Article 180 and 181;
(2) False testimony in civil case under Article
182;
(3) False testimony in other cases under
Article 183.
Articles 180 – 184 punish the acts of making
false testimonies because such acts seriously
expose society to miscarriage of justice.
ARTICLE 181 - FALSE TESTIMONY
FAVORABLE TO THE DEFENDANT
Elements:
(a) A person Gives false testimony;
(b) In Favor of the defendant;
(c) In a Criminal case.
The testimony need not in fact be beneficial
to the defendant. It is not necessary that the
testimony should directly influence the
decision of acquittal, it being sufficient that it
was given with the intent to favor the accused.
Conviction or acquittal of defendant in the
principal case is not necessary.
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Rectification made spontaneously after
realizing the mistake is not false testimony.
Penalty for false testimony against the
accused is based on the sentence imposed or
if accused is acquitted; that for testimony
favorable to the accused is based on the
imposable penalty. The rationale for the
difference is the measure of the wrong
occasioned by the injustice in each case, i.e.
the undeserved sentence and the imposable
penalty avoided, respectively.
ARTICLE 182 - FALSE TESTIMONY IN CIVIL
CASES
Elements:
(a) Testimony Given in a civil case;
(b) Testimony Relates to the issues
presented in said case;
(c) Testimony is False;
(d) Offender Knows that testimony is false;
(e) Testimony is Malicious
(f) And given with an intent to affect the
issues presented in said case.
Falsity of testimony must first be established.
Art. 182 does not apply in special proceedings.
These are covered by Art. 183 under “other
cases”.
Pending the determination of the falsity of
the subject testimonies in the civil case, the
criminal action for false testimony must
perforce be suspended.
ARTICLE 183 - FALSE TESTIMONY IN
OTHER CASES AND PERJURY IN SOLEMN
AFFIRMATION
Acts Punished
(1) By falsely Testifying under oath;
(2) By Making a false affidavit.
Note: The false testimony should not be in a
judicial proceeding. [Diaz vs. People]
Elements of perjury:
(a) Offender Makes a statement under oath
or executes an affidavit upon a material
matter;
(b) The statement or affidavit is made Before
a competent officer, authorized to receive
and administer oaths;
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CRIMINAL LAW
(c) Offender makes a Willful and deliberate
assertion of a falsehood in the statement
or affidavit;
(d) The sworn statement or affidavit
containing the falsity is Required by law,
that is, it is made for a legal purpose.
The statement should be outside the
coverage of art 180-181.
Oath – any form of attestation by which a
person signifies that he is bound by
conscience to perform an act faithfully and
truthfully.
Affidavit – sworn statement in writing;
declaration in writing, made upon oath
before an authorized magistrate or officer.
There could be no perjury through negligence
or imprudence. This is because of the
requirement that the assertion of a falsehood
be made willfully and deliberately. Hence,
good faith or lack of malice is a defense in
perjury.
It is not necessary that there be a law
requiring the statement to be made under
oath, as long as it is made for a legal
purpose.
Perjury is a crime other than false testimony
in criminal cases or false testimony in civil
cases, which are perversions of truth in
judicial proceedings.
Perjury is an offense which covers false oaths
other than those taken in the course of
judicial proceedings. [US vs. Estrada]
Subornation of perjury is committed by a
person who knowingly and willfully procures
another to swear falsely and the witness
suborned does testify under circumstances
rendering him guilty of perjury. [US vs.
Ballena] Subornation of perjury is not
expressly penalized in the RPC; but the direct
induction of a person by another to commit
perjury may be punished under Article 183 in
relation to Article 17.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Elements:
Material Relevant Pertinent (a) There is a public auction;
(b) Offender attempts to cause the bidders to
Directed to Tends in any Concerns stay away from that public auction;
prove a fact in reasonable collateral (c) It is done by threats, gifts, promises or
issue degree to matters which any other artifice;
establish make more or (d) Offender had the Intent to cause the
probability or less probable reduction of the price of the thing
improbability the auctioned
of a fact in proposition at
issue issue The crime is consummated by:
(1) Mere solicitation of gift or promise as
ARTICLE 184 - OFFERING FALSE consideration for not bidding, or
TESTIMONY IN EVIDENCE (2) By mere attempt to cause prospective
bidders to stay away from an auction.
Elements:
(a) Offender Offers in evidence a false ARTICLE 186 – MONOPOLIES AND
witness or testimony; COMBINATIONS IN RESTRAINT OF TRADE
(b) He Knows that the witness or the Note: This article has been repealed by the
testimony was false; Philippine Competition Act, which was signed
(c) The offer is made in any Judicial or into law on July 21, 2015.
Official proceeding.
Mode 1: Combination to prevent free
Offer of evidence begins at the moment a com petition in the m arket
witness is called to the stand and
interrogated by counsel. The witness must Elements:
testify. (a) Entering into any contract or agreement;
or taking part in any conspiracy or
ARTICLE 185 - MACHINATIONS IN PUBLIC combination in the form of a trust or
AUCTIONS otherwise;
(b) In restraint of trade or commerce or to
Mode 1: Soliciting any gift or promise prevent by artificial means free
as a consideration for refraining from competition in the market
taking part in any public auction;
Mode 2: Monopoly to restrain free
Elements: com petition in the m arket
(a) There is a Public auction;
(b) Offender Solicits any gift or a promise Elements:
from any of the bidders; (a) Monopolizing any merchandise or object
(c) Such gift or promise is the Consideration of trade or commerce; or
for his refraining from taking part in that (b) Combining with any other person or
public auction; persons to monopolize said merchandise
(d) Offender has the Intent to cause the or object in order to alter the prices
reduction of the price of the thing thereof by spreading false rumors or
auctioned. making use of any other artifice to
restrain free competition in the market
Mode 2: Attempting to cause bidders
to stay away from an auction by Mode 3: Manufacturer, producer, or
threats, gifts, prom ises or any other processor or importer com bining,
artifice. conspiring or agreeing with any
person to make transactions
prejudicial to lawful comm erce or to
increase the m arket price of
merchandise

PAGE 200 OF 342

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Elements:
(a) Person liable: (1) manufacturer, (2)
producer, (3) processor, or (4) importer of
any merchandise or object of commerce
(b) Crime committed by: (1) combining, (2)
conspiring, or (3) agreeing with any
person
(c) Purpose: (1) to make transactions
prejudicial to lawful commerce, or (2) to
increase the market price of any
merchandise or object of commerce
manufactured, produced, processed,
assembled, or imported into the
Philippines
Theory of the law: Competition, not
combination, should be the law of trade
Mere conspiracy or combination is punished.
If the offense affects any food substance or
other article of prime necessity, it is sufficient
that initial steps are taken.
When offense is committed by a corporation
or association, the president and directors or
managers are liable.
ARTICLE 187 – IMPORTATION AND
DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS
Elements:
(a) Offender imports, sells or disposes of any
of those articles or merchandise (i.e. gold,
silver, other precious metals or their
alloys)
(b) The stamps, brands, or marks of those
articles of merchandise fail to indicate the
actual fineness or quality of said metals
or alloys
(c) Offender knows that the stamps, brands,
or marks fail to indicate the actual
fineness or quality of the metals or alloys
Selling the misbranded articles is not
necessary.
Article 187 does not apply to manufacturer of
misbranded articles – he would be liable for
estafa under Art. 315(2)(b).
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CRIMINAL LAW 2 CRIMINAL LAW
SPECIAL LAWS
RA 9194: ANTI-MONEY LAUNDERING ACT
Covered transaction is a transaction in
cash or other equivalent monetary instrument
involving a total amount in excess of Five
hundred thousand pesos (P500,000.00)
within one (1) banking day.
Suspicious transaction are transactions
with covered institutions, regardless of the
amounts involved, where any of the following
circumstances exist
(1) there is no underlying legal or trade
obligation, purpose or economic
justification;
(2) the client is not properly identified;
(3) the amount involved is not
commensurate with the business or
financial capacity of the client;
(4) taking into account all known
circumstances, it may be perceived that
the client’s transaction is structured in
order to avoid being the subject of
reporting requirements under the Act;
(5) any circumstance relating to the
transaction which is observed to deviate
from the profile of the client and/or the
client’s past transactions with the
covered institution;
(6) the transaction is in any way related to an
unlawful activity or offense under this Act
that is about to be, is being or has been
committed; or
(7) any transaction that is similar or
analogous to any of the foregoing.
Unlawful activity – any act or omission or
series or combination thereof involving or
having direct relation to the following:
(1) kidnapping for ransom under Article 267
of Act No. 3815, otherwise known as the
Revised Penal Code, as amended;
(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and
16 of Republic Act No. 9165, otherwise
known as the Comprehensive Dangerous
Drugs Act of 2002;
(3) Section 3 paragraphs B, C, E, G, H and I of
Republic Act No. 3019, as amended,
otherwise known as the Anti-Graft and
Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as
amended;
UP LAW BOC CRIMINAL LAW 2
(5) Robbery and extortion under Articles 294,
295, 296, 299, 300, 301 and 302 of the
Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal
gambling under Presidential Decree No.
1602;
(7) Piracy on the high seas under the Revised
Penal Code, as amended and Presidential
Decree No. 532;
(8) Qualified theft under Article 310 of the
Revised Penal Code, as amended;
(9) Swindling under Article 315 of the
Revised Penal Code, as amended;
(10) Smuggling under Republic Act Nos. 455
and 1937;
(11) Violations under Republic Act No. 8792,
otherwise known as the Electronic
Commerce Act of 2000;
(12) Hijacking and other violations under
Republic Act No. 6235; destructive arson
and murder, as defined under the Revised
Penal Code, as amended, including those
perpetrated by terrorists against non-
combatant persons and similar targets;
(13) Fraudulent practices and other violations
under Republic Act No. 8799, otherwise
known as the Securities Regulation Code
of 2000;
(14) Felonies or offenses of a similar nature
that are punishable under the penal laws
of other countries."
Sec. 4. Money Laundering Offense. – Money
laundering is a crime whereby the proceeds
of an unlawful activity as herein defined are
transacted, thereby making them appear to
have originated from legitimate sources. It is
committed by the following:
(a) Any person knowing that any monetary
instrument or property represents,
involves, or relates to, the proceeds of any
unlawful activity, transacts or attempts to
transact said monetary instrument or
property.
(b) Any person knowing that any monetary
instrument or property involves the
proceeds of any unlawful activity,
performs or fails to perform any act as a
result of which he facilitates the offense
of money laundering referred to in
paragraph (a) above.
(c) Any person knowing that any monetary
instrument or property is required under
this Act to be disclosed and filed with the
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CRIMINAL LAW
Anti-Money Laundering Council (AMLC),
fails to do so.
There are three stages involved in money
laundering; placement, layering and
integration.
Placement –This is the movement of cash
from its source. On occasion the source can
be easily disguised or misrepresented.
Layering – The purpose of this stage is to
make it more difficult to detect and uncover a
laundering activity. It is meant to make the
trailing of illegal proceeds difficult for the law
enforcement agencies.
Integration – This is the movement of
previously laundered money into the
economy mainly through the banking system
and thus such monies appear to be normal
business earnings. This is dissimilar to
layering, for in the integration process
detection and identification of laundered
funds is provided through informants.
Articles 188-189 have been repealed by RA
8293 (The Intellectual Property Code of the
Philippines)
Sec. 155. Remedies; Infringement. - Any
person who shall, without the consent of the
owner of the registered mark:
155.1. Use in commerce any reproduction,
counterfeit, copy, or colorable imitation of a
registered mark or the same container or a
dominant feature thereof in connection with
the sale, offering for sale, distribution,
advertising of any goods or services including
other preparatory steps necessary to carry out
the sale of any goods or services on or in
connection with which such use is likely to
cause confusion, or to cause mistake, or to
deceive; or
155.2. Reproduce, counterfeit, copy or
colorably imitate a registered mark or a
dominant feature thereof and apply such
reproduction, counterfeit, copy or colorable
imitation to labels, signs, prints, packages,
wrappers, receptacles or advertisements
intended to be used in commerce upon or in
connection with the sale, offering for sale,
distribution, or advertising of goods or
services on or in connection with which such
UP LAW BOC
use is likely to cause confusion, or to cause
mistake, or to deceive, shall be liable in a civil
action for infringement by the registrant for
the remedies hereinafter set forth: Provided,
That the infringement takes place at the
moment any of the acts stated in Subsection
155.1 or this subsection are committed
regardless of whether there is actual sale of
goods or services using the infringing
material.
Sec. 168. Unfair Competition, Rights,
Regulation and Remedies. - 168.1. A person
who has identified in the mind of the public
the goods he manufactures or deals in, his
business or services from those of others,
whether or not a registered mark is
employed, has a property right in the
goodwill of the said goods, business or
services so identified, which will be protected
in the same manner as other property rights.
168.2. Any person who shall employ
deception or any other means contrary to
good faith by which he shall pass off the
goods manufactured by him or in which he
deals, or his business, or services for those of
the one having established such goodwill, or
who shall commit any acts calculated to
produce said result, shall be guilty of unfair
competition, and shall be subject to an action
therefor.
168.3. In particular, and without in any way
limiting the scope of protection against unfair
competition, the following shall be deemed
guilty of unfair competition:
(a) Any person, who is selling his goods and
gives them the general appearance of
goods of another manufacturer or dealer,
either as to the goods themselves or in
the wrapping of the packages in which
they are contained, or the devices or
words thereon, or in any other feature of
their appearance, which would be likely
to influence purchasers to believe that
the goods offered are those of a
manufacturer or dealer, other than the
actual manufacturer or dealer, or who
otherwise clothes the goods with such
appearance as shall deceive the public
and defraud another of his legitimate
trade, or any subsequent vendor of such
goods or any agent of any vendor
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engaged in selling such goods with a like
purpose;
(b) Any person who by any artifice, or device,
or who employs any other means
calculated to induce the false belief that
such person is offering the services of
another who has identified such services
in the mind of the public; or
(c) Any person who shall make any false
statement in the course of trade or who
shall commit any other act contrary to
good faith of a nature calculated to
discredit the goods, business or services
of another.
Sec. 169. False Designations of Origin; False
Description or Representation. - 169.1. Any
person who, on or in connection with any
goods or services, or any container for goods,
uses in commerce any word, term, name,
symbol, or device, or any combination
thereof, or any false designation of origin,
false or misleading description of fact, or
false or misleading representation of fact,
which:
(a) Is likely to cause confusion, or to cause
mistake, or to deceive as to the affiliation,
connection, or association of such person
with another person, or as to the origin,
sponsorship, or approval of his or her
goods, services, or commercial activities
by another person; or
(b) In commercial advertising or promotion,
misrepresents the nature, characteristics,
qualities, or geographic origin of his or
her or another person's goods, services,
or commercial activities, shall be liable to
a civil action for damages and injunction
provided in Sections 156 and 157 of this
Act by any person who believes that he or
she is or is likely to be damaged by such
act.
169.2. Any goods marked or labelled in
contravention of the provisions of this Section
shall not be imported into the Philippines or
admitted entry at any customhouse of the
Philippines. The owner, importer, or
consignee of goods refused entry at any
customhouse under this section may have
any recourse under the customs revenue laws
or may have the remedy given by this Act in
cases involving goods refused entry or seized.
(Sec. 30, R.A. No. 166a)
UP LAW BOC
Sec. 170. Penalties. - Independent of the civil
and administrative sanctions imposed by law,
a criminal penalty of imprisonment from two
(2) years to five (5) years and a fine ranging
from Fifty thousand pesos (P50,000) to Two
hundred thousand pesos(P200,000), shall be
imposed on any person who is found guilty of
committing any of the acts mentioned in
Section 155, Section 8 and Subsection 169.1.
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Title V. Crimes Relative
to Opium and Other
Prohibited Drugs
Note: Art 190-194 were repealed by RA 6425,
known as the “Dangerous Drug Act of 1972.”
RA No. 9165, known as the “Comprehensive
Dangerous Drug Act of 2002” in turn
repealed RA No. 6425.
DEFINITION OF IMPORTANT TERMS
Dangerous drugs - include those listed in:
(1) The Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as
amended by the 1972 Protocol, and
(2) The Schedules annexed to the 1971 Single
Convention on Psychotropic Substances
as enumerated in the attached annex
which is an integral part of this Act. [Sec.
3(j), RA 9165]
Chemical Diversion - The sale,
distribution, supply or transport of
legitimately imported, in-transit,
manufactured or procured controlled
precursors and essential chemicals, in diluted,
mixtures, or in concentrated form, to any
person or entity engaged in the
manufactured of any dangerous drugs, and
shall include packaging, labelling, or
concealment of such transaction.
Controlled Precursors and Essential
Chemicals - Include those listed in Tables I
and II of the 188 UN Convention Against Illicit
Traffic in Narcotics Drugs and Psychotropic
Substances.
ACTS PUNISHED
(1) Importation of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemical [Sec. 4]
(2) Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs
and/or Controlled Precursors and
Essential Chemicals [Sec. 5]
UP LAW BOC CRIMINAL LAW 2
(a) the identity of the buyer and the seller,
the object of the sale and the
consideration; and
(b) the delivery of the thing sold and its
payment.
There must be proof that the transaction
or sale actually took place and that the
corpus delicti be presented in court as
evidence [People vs. Musa, 2012]
(3) Maintenance of a Den, Dive or Resort.
[Sec. 6]
(4) Employees and Visitors of a Den, Dive or
Resort [Sec. 7]
(5) Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals [Sec. 8]
(6) Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals. [Sec.
9]
(7) Manufacture or Delivery of Equipment,
Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs
and/or Controlled Precursors and
Essential Chemicals. [Sec. 10]
(8) Possession of Dangerous Drugs [Sec. 11]
(a) the accused was in possession of the
dangerous drug
(b) such possession is not authorized by
law
(c) accused freely and consciously
possessed the dangerous drug
(9) Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs [Sec. 12]
(10) Possession of Dangerous Drugs During
Parties, Social Gatherings or Meetings
[Sec. 13]
(a) the accused was in possession of the
dangerous drug,
(b) such possession is not authorized by
law
(c) the accused freely and consciously
possessed the dangerous drug
(d) the possession of the dangerous drug
must have occurred during a party, or
at a social gathering or meeting, or in
the proximate company of at least
two (2) persons [People vs. Martinez,
2010]
(11) Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
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Dangerous Drugs During Parties, Social
Gatherings or Meetings [Sec. 14]
(12) Use of Dangerous Drugs [Sec. 15]
(13) Cultivation or Culture of Plants Classified
as Dangerous Drugs or are Sources
Thereof. [Sec. 16]
(14) Maintenance and Keeping of Original
Records of Transactions on Dangerous
Drugs and/or Controlled Precursors and
Essential Chemicals [Sec. 17]
(15) Unnecessary Prescription of Dangerous
Drugs [Sec. 18]
(16) Unlawful Prescription of Dangerous
Drugs [Sec. 19]
PENALTIES FOR UNLAWFUL ACTS
(1) The penalty of life imprisonment to death
and a fine ranging from P500,000 to
P10,000,000 - Those acts which include
or involve any dangerous drugs [Secs. 4, 5,
6, 8, 11, 16 and 19]
(2) The penalty of 12 years and 1 day to 20
years of imprisonment and a fine ranging
from P100,000.00 to P500,000
(a) Those acts which involve any
controlled precursor and essential
chemical [Secs. 4, 5, 6, 8, 9 and 10]
(b) Anyone who acts as a "protector/
coddler" of any violator of the
provisions under sections 4, 5, 6, 8
and 16
(c) Sections 7, 10, 16, 17.
(3) The maximum penalty provided for under
sections 4, 5, 6, 8 and 16 shall be
imposed upon any person, who organizes,
manages or acts as a "financier" of any of
the illegal activities prescribed in those
sections.
(4) Any person charged under any provision
of this Act regardless of the imposable
penalty shall not be allowed to avail of
the provision on plea-bargaining. [Sec. 23,
Art. II, RA 9165]
Any person convicted for drug trafficking or
pushing under this Act, regardless of the
penalty imposed by the Court, cannot avail of
the privilege granted by the Probation Law or
Presidential Decree No. 968, as amended.
[Sec. 24, Art. II, RA 9165]
Notwithstanding the provisions of any law to
the contrary, a positive finding for the use of
UP LAW BOC CRIMINAL LAW 2
dangerous drugs shall be a qualifying
aggravating circumstance in the commission
of a crime by an offender, and the application
of the penalty provided for in the Revised
Penal Code shall be applicable. [Sec. 25, Art.
II, RA 9165]
Any attempt or conspiracy to commit the
following unlawful acts shall be penalized by
the same penalty prescribed for the
commission of the same as provided under
this Act [Sec. 26, Art. II, RA 9165]:
(a) Importation of any dangerous drug
and/or controlled precursor and essential
chemical;
(b) Sale, trading, administration,
dispensation, delivery, distribution and
transportation of any dangerous drug
and/or controlled precursor and essential
chemical;
(c) Maintenance of a den, dive or resort
where any dangerous drug is used in any
form;
(d) Manufacture of any dangerous drug
and/or controlled precursor and essential
chemical;
(e) Cultivation or culture of plants which are
sources of dangerous drugs.
The maximum penalties of the unlawful acts
provided for in this Act shall be imposed, in
addition to absolute perpetual
disqualification from any public office, if
those found guilty of such unlawful acts are
government officials and employees. [Sec. 28,
Art. II, RA 9165]
Any person who is found guilty of "planting"
any dangerous drug and/or controlled
precursor and essential chemical, regardless
of quantity and purity, shall suffer the penalty
of death. [Sec. 29, Art. II, RA 9165]
In case any violation of this Act is committed
by a partnership, corporation, association or
any juridical entity, the partner, president,
director, manager, trustee, estate
administrator, or officer who consents to or
knowingly tolerates such violation shall be
held criminally liable as a co-principal. [Sec.
30, Art. II, RA 9165]
In addition to the penalties prescribed in the
unlawful act committed, any alien who
violates such provisions of this Act shall, after
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service of sentence, be deported immediately
without further proceedings, unless the
penalty is death. [Sec. 31, Art. II, RA 9165]
Accessory Penalties: A person convicted
under this Act shall be disqualified to exercise
his/her civil rights such as but not limited to:
(1) the rights of parental authority or
guardianship, either as to the person or
property of any ward;
(2) the rights to dispose of such property by
any act or any conveyance inter vivos, and
(3) political rights such as but not limited to
the right to vote and be voted for.
Such rights shall also be suspended during
the pendency of an appeal from such
conviction. [Sec. 35, Art. II, RA 9165]
Possession of marijuana is absorbed in the
sale thereof, except where the seller is further
apprehended in possession of another
quantity of the prohibited drugs not covered
by or included in the sale and which are
probably intended for some future dealings
or use by the seller. [People vs. Lacerna, 1997]
The crime of illegal sale of dangerous drugs
necessarily includes the crime of illegal
possession of dangerous drugs. The same
ruling may also be applied to the other acts
penalized under Article II, Section 5 of
Republic Act No. 9165 because for the
accused to be able to trade, administer,
dispense, deliver, give away to another,
distribute, dispatch in transit, or transport
any dangerous drug, he must necessarily be
in possession of said drugs [People vs.
Maongco, 2013]
IMMUNITY FROM PROSECUTION AND
PUNISHMENT
(1) Any person who has violated Sections 7,
11, 12, 14, 15, and 19, Article II of this Act,
(2) Who voluntarily gives information about
any violation of Sections 4, 5, 6, 8, 10, 13,
and 16, Article II of this Act as well as any
violation of the offenses mentioned if
committed by a drug syndicate, or any
information leading to the whereabouts,
identities and arrest of all or any of the
members thereof;
(3) Who willingly testifies against such
UP LAW BOC CRIMINAL LAW 2
persons as described above, shall be
exempted from prosecution or
punishment for the offense with reference
to which his/her information of testimony
were given, and may plead or prove the
giving of such information and testimony
in bar of such prosecution: Provided the
following conditions concur:
(a) The information and testimony are
necessary for the conviction of the
persons described above;
(b) Such information and testimony are
not yet in the possession of the State;
(c) Such information and testimony can
be corroborated on its material
points;
(d) The informant or witness has not
been previously convicted of a crime
involving moral turpitude, except
when there is no other direct evidence
available for the State other than the
information and testimony of said
informant or witness;
(e) The informant or witness shall strictly
and faithfully comply without delay,
any condition or undertaking,
reduced into writing, lawfully
imposed by the State as further
consideration for the grant of
immunity from prosecution and
punishment.
Provided, further, That this immunity may
be enjoyed by such informant or witness
who does not appear to be most guilty for
the offense with reference to which the
information or testimony were given:
Provided, finally, That there is no direct
evidence available for the State except for
the information and testimony of said
informant or witness. [Sec. 33, Art. II, RA
9165]
Termination of Grant of Immunity [Sec.
34, Art. II, RA 9165]:
(1) The immunity granted to the informant or
witness, as prescribed in Section 33 of
this Act, shall not attach should it turn
out subsequently that the information
and/or testimony is false, malicious or
made only for the purpose of harassing,
molesting or in any way prejudicing the
persons described in the preceding
Section against whom such information
or testimony is directed. In such case, the
informant or witness shall be subject to
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prosecution and the enjoyment of all
rights and benefits previously accorded
him under this Act or any other law,
decree or order shall be deemed
terminated.
(2) In case an informant or witness under this
Act fails or refuses to testify without just
cause, and when lawfully obliged to do
so, or violate any condition accompanying
such immunity as provided above, his/her
immunity shall be removed and he/she
shall likewise be subject to contempt
and/or criminal prosecution, as the case
may be, and the enjoyment of all rights
and benefits previously accorded him
under this Act or in any other law, decree
or order shall be deemed terminated.
Custody and Disposition of Seized
Substances
The PDEA shall take charge and have custody
of all dangerous drugs, plant sources of
dangerous drugs, controlled precursors and
essential chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or
surrendered, for proper disposition in the
following manner [Sec. 21, Art. II, RA 9165]:
(1) The apprehending team shall physically
inventory and photograph the same in
the presence of the accused, his
representative or counsel, a
representative from the media and the
DOJ, and any elected public official who
shall be required to sign the copies of the
inventory and be given a copy thereof;
(2) Within 24 hours upon
confiscation/seizure of dangerous drugs,
plant sources of dangerous drugs,
controlled precursors and essential
chemicals, as well as paraphernalia
and/or laboratory equipment, the same
shall be submitted to the PDEA Forensic
Laboratory for a qualitative and
quantitative examination;
(3) A certification of the results, done under
oath by the forensic laboratory examiner,
shall be issued within 24 hours after
receipt of the subject items. When the
volume of the subject does not allow the
completion of testing within 24 hours, a
partial report shall be issued stating
therein the quantity of dangerous drugs
still to be examined by the forensic
laboratory; and a final certification shall
UP LAW BOC CRIMINAL LAW 2
be issued on the completed forensic
laboratory examination on the same
within the next 24 hours;
(4) Filing of the criminal case in court.
(5) The Court shall, within 72 hours, conduct
an ocular inspection of the confiscated,
seized and/or surrendered items,
including the instruments and/or
laboratory equipment;
(6) The PDEA shall then within 24 hours
proceed with the destruction or burning
of the same, in the presence of the
accused, his his/her representative or
counsel, a representative from the media
and the DOJ, civil society groups and any
elected public official.
(7) The Board shall then issue a sworn
certification to the fact of destruction or
burning of the subject items which,
together with the representative samples
in the custody of the PDEA, shall be
submitted to the court having jurisdiction
over the case. In all instances, the
representative sample/s shall be kept to
a minimum quantity as determined by
the Board;
(8) After the promulgation and judgment in
the criminal case wherein the
representative sample/s was presented
as evidence in court, the trial prosecutor
shall inform the Board of the final
termination of the case and, in turn, shall
request the court for leave to turn over
the said representative sample/s to the
PDEA for proper disposition and
destruction within 24 hours from receipt
of the same.
Chain of Custody – the duly recorded
authorized movements and custody of
subject items at each stage, from the time of
seizure to presentation to the court for
destruction. Such record of movements and
custody of seized items shall include the
identity and signature of the person who held
temporary custody of the seized items, the
date and time when such transfer of custody
was made in the course of safekeeping and
use in court as evidence, and the final
disposition. [Sec. 1b, DDB Resolution No. 1,
Series of 2002, implementing RA 9165]
Non-compliance with these requirements
under justifiable grounds, as long as the
integrity and the evidentiary value of the
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seized items are properly preserved by the
apprehending officer/team, shall not render
void and invalid such seizures of and custody
over said items. [Sec. 21a, IRR of RA 9165]
Any person apprehended or arrested for
violating the provisions of the Act shall be
subjected to screening laboratory
examination or test within 24 hours, if the
apprehending or arresting officer has
reasonable ground to believe that the person
apprehended or arrested, on account of
physical signs or symptoms or other visible or
outward manifestation, is under the influence
of dangerous drugs. If found to be positive,
the results of the screening laboratory
examination or test shall be challenged
within 15 days after receipt of the result
through a confirmatory test conducted in any
accredited analytical laboratory equipped
with a gas chromatograph/mass
spectrometry equipment or some such
modern and accepted method, and if
confirmed, the same shall be prima facie
evidence that such person has used
dangerous drugs, which is without prejudice
for the prosecution for other violations of the
provisions of the Act: Provided, that a positive
screening laboratory test must be confirmed
for it to be valid in court of law. [Sec. 38, IRR
of RA 9165]
Non-presentation of the forensic chemist in
illegal drug cases is an insufficient cause for
acquittal. The corpus delicti (the body of the
crime) in dangerous drugs cases constitutes
the dangerous drug itself. [People vs. Quebral
(2009)]
The presumption of regularity of official acts
does not apply when police officers have
failed to comply with the standard of
procedure set by law in a way that
compromises the integrity and evidentiary
value of the thing seized. In such case, the
indispensable element of corpus delicti would
not be proven. [Fajardo vs. People (2012)]
OTHER IMPORTANT POINTS
Authorized Drug Testing
The following shall be subjected to undergo
drug testing: [Sec. 36, Art. III, RA 9165]
(1) Applicants for driver’s license
UP LAW BOC CRIMINAL LAW 2
(2) Applicants for firearm’s license and
permit to carry firearms outside of
residence.
All persons who by the nature of their
profession carry firearms shall undergo
drug testing.
(3) Students of secondary or tertiary schools.
(4) Officers and employees of public and
private offices, whether domestic or
overseas, as contained in the company’s
work rules and regulations. Any officer or
employee found positive for use of
dangerous drugs shall be dealt with
administratively which shall be a ground
for suspension or termination, subject to
the provisions of Article 282 of the Labor
Code and pertinent provisions of the Civil
Service Law.
(5) Officers and members of the military,
police and other law enforcement
agencies
(6) All persons charged before the
prosecutor's office with a criminal offense
having an imposable penalty of
imprisonment of not less than six (6)
years and one (1) day shall have to
undergo a mandatory drug test.*
(7) All candidates for public office whether
appointed or elected both in the national
or local government shall undergo a
mandatory drug test.
The testing requirement as to national
officials whose qualification requirements
have been set forth in the Constitution is
unconstitutional. Where the Constitution has
expressly set out the qualifications, these are
exclusive and may not be broadened or
circumscribed by legislative fiat. [SJS vs. DDB
and PDEA (2008)]
*The operative concepts in the mandatory
drug testing are “randomness” and
“suspicionless.” In the case of persons
charged with a crime before the prosecutor’s
office, a mandatory drug testing can never be
random or suspicionless. It violates their right
to privacy and self-incrimination, and is thus
unconstitutional. [SJS v DDB and PDEA
(2008)]
May a drug dependent who is found
guilty of the use of dangerous drugs
voluntarily subm it him self for
treatm ent and rehabilitation?
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Yes. The drug dependent may, by
himself/herself or through his/her parent,
spouse, guardian or relative within the fourth
degree of consanguinity or affinity, apply to
the Board or its duly recognized
representative, for treatment and
rehabilitation of the drug dependency.
Upon such application, the Board shall bring
forth the matter to the Court which shall
order that the applicant be examined for drug
dependency. [Sec. 54, Art. VIII, RA 9165]
Is there also compulsory
confinem ent?
Yes. Notwithstanding any law, rule and
regulation to the contrary, any person
determined and found to be dependent on
dangerous drugs shall, upon petition by the
Board or any of its authorized representative,
be confined for treatment and rehabilitation
in any Center duly designated or accredited
for the purpose.
A petition for the confinement of a person
alleged to be dependent on dangerous drugs
to a Center may be filed by any person
authorized by the Board with the Regional
Trial Court of the province or city where such
person is found. [Sec. 61, Art. VIII, RA 9165]
Any parent, spouse or guardian who, without
valid reason, refuses to cooperate with the
Board or any concerned agency in the
treatment and rehabilitation of a drug
dependent who is a minor, or in any manner,
prevents or delays the after-care, follow-up or
other programs for the welfare of the accused
drug dependent, whether under voluntary
submission program or compulsory
submission program, may be cited for
contempt by the court. [Sec. 73, Art. VIII, RA
9165]
How long will the drug dependent be
confined for treatm ent and
rehabilitation?
Confinement in a Center for treatment and
rehabilitation shall not exceed one (1) year,
after which time the Court, as well as the
Board, shall be apprised by the head of the
treatment and rehabilitation center of the
status of said drug dependent and determine
whether further confinement will be for the
welfare of the drug dependent and his/her
UP LAW BOC CRIMINAL LAW 2
family or the community. [Sec. 54, Art. VIII, RA
9165]
How will a drug dependent who is
under the voluntary submission
program and is finally discharged
from confinem ent in the Center be
exempt from criminal liability?
(1) He/she has complied with the rules and
regulations of the center, the applicable
rules and regulations of the Board,
including the after-care and follow-up
program for at least eighteen (18) months
following temporary discharge from
confinement in the Center
(2) He/she has never been charged or
convicted of any offense punishable
under this Act, the Dangerous Drugs Act
of 1972 or Republic Act No. 6425, as
amended; the Revised Penal Code, as
amended; or any special penal laws
(3) He/she has no record of escape from a
Center
(4) He/she poses no serious danger to
himself/herself, his/her family or the
community by his/her exemption from
criminal liability [Sec. 55, Art. VIII, RA
9165]
W hat are the functions of the
Dangerous Drugs Board?
(1) Be the policy-making and strategy-
formulating body in the planning and
formulation of policies and programs on
drug prevention and control.
(2) Develop and adopt a comprehensive,
integrated, unified and balanced national
drug abuse prevention and control
strategy.
(3) Be under the Office of the President. [Sec.
77, Art. IX, RA 9165]
W hat is the PDEA?
The PDEA is the Philippine Drug Enforcement
Agency. It serves as the implementing arm of
the Dangerous Drugs Board. It shall be
responsible for the efficient and effective law
enforcement of all the provisions on any
dangerous drug and/or controlled precursor
and essential chemical as provided in this Act.
[Sec. 82, Art. IX, RA 9165]
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Title VI. Crimes against
Public Morals
CHAPTER I: GAMBLING AND BETTING
(1) Gambling (Art. 195)
(2) Importation, sale and possession of
lottery tickets or advertisements (Art.
196)
(3) Betting in sports contests (Art. 197)
(4) Illegal betting on horse races (Art. 198)
(5) Illegal cockfighting (Art. 199)
CHAPTER II: OFFENSES AGAINST DECENCY
AND GOOD CUSTOMS
(1) Grave Scandal (Art. 200)
(2) Immoral doctrines, obscene publications
and exhibitions (Art. 201)
(3) Vagrancy and prostitution (Art. 202)
CHAPTER 1: GAMBLING AND
BETTING
Gambling - any game or scheme, whether
upon chance or skill, wherein wagers
consisting of money, articles of value or
representative of value are at stake or made.
SPECIAL LAWS
PD 1602: ANTI-GAMBLING ACT
PD 1602, which repealed Articles 195-199
insofar as they are inconsistent with said Act
– punishes:
I. Any person who, in any manner, shall
directly or indirectly take part in any
illegal or unauthorized activities or
games of—
(1) Cockfighting, jueteng, jai alai or horse
racing to include bookie operations
and game fixing, numbers, bingo and
other forms of lotteries;
(2) Cara y cruz, pompiang and the like;
(3) 7-11 and any game using dice;
(4) Black jack, lucky nine, poker and its
derivatives, monte, baccarat, cuajo,
pangguigue and other card games;
(5) Paik que, high and low, mahjong,
domino and other games using
plastic tiles and the like;
(6) Slot machines, roulette, pinball and
other mechanical contraptions and
devices;
(7) Dog racing, boat racing, car racing
and other forms of races;
UP LAW BOC CRIMINAL LAW 2
(8) Basketball, boxing, volleyball,
bowling, pingpong and other forms of
individual or team contests to include
game fixing, point shaving and other
machinations;
(9) Banking or percentage game, or any
other game scheme, whether upon
chance or skill, wherein wagers
consisting of money, articles of value
or representative of value are at stake
or made;
II. Any person who shall knowingly permit
any form of gambling referred to in the
preceding subparagraph to be carried on
in an inhabited place or in any building,
vessel or other means of transportation
owned or controlled by him.
III. Any person who shall knowingly permit
any form of gambling to be carried on in
a place which has a reputation of a
gambling place or that prohibited
gambling is frequently carried on therein,
or the place is a public or government
building or barangay hall;
IV. The maintainer or conductor of the
above gambling schemes.
(1) Maintainer: a person who sets up
and furnishes the means with which
to carry on the gambling game or
scheme.
(2) Conductor: a person who manages
or carries on the gambling game or
scheme.
V. A government official who is a
maintainer, conductor or banker of said
gambling schemes, or the player,
promoter, referee, umpire, judge or
coach in case of game fixing, point
shaving and machination.
VI. Any person who shall, knowingly and
without lawful purpose in any hour of
any day, possess any lottery list, paper or
other matter containing letters, figures,
signs or symbols pertaining to or in any
manner used in the games of jueteng,
jai-alai or horse racing bookies, and
similar games of lotteries and numbers
which have taken place or about to take
place.
VII. Any barangay official who, with
knowledge of the existence of a
gambling house or place in his
jurisdiction fails to abate the same or
take action in connection therewith.
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VIII. Any security officer, security guard,
watchman, private or house detective of
hotels, villages, buildings, enclosures
and the like which have the reputation of
a gambling place or where gambling
activities are being held.
Any person who shall disclose information
that will lead to the arrest and final
conviction of the malefactor shall be
rewarded twenty percent of the cash money
or articles of value confiscated or forfeited in
favor of the government. (Section 3)
RA 9287: INCREASING THE PENALTY FOR
ILLEGAL NUMBERS GAMES
Illegal Numbers Game: any form of illegal
gambling activity which uses numbers or
combinations thereof as factors in giving out
jackpots.
The law punishes any person who
participates in any illegal numbers game:
(Section 3)
(1) If such person acts as a bettor;
(2) If such person acts as a personnel or
staff of an illegal numbers game
operation;
(3) If such person allows his vehicle, house,
building or land to be used in the
operation of the illegal numbers
games;
(4) If such person acts as a collector or
agent;
(5) If such person acts as a coordinator,
controller or supervisor;
(6) If such person acts as a maintainer,
manager or operator;
(7) If such person acts as a financier or
capitalist;
(8) If such person acts as protector or
coddler.
The possession of any gambling
paraphernalia and other materials used in
the illegal numbers game operation shall be
deemed prima facie evidence of any offense
covered by this Act. (Section 4)
LETTER OF INSTRUCTION NO. 816
The games of domino, bingo, poker when not
played with five cards stud, cuajo,
pangguingue and mahjong, provided that
they are played as parlor games or for home
entertainment, and provided further, that
UP LAW BOC CRIMINAL LAW 2
they are not played in places habitually used
for gambling and the betting is not disguised
to defeat the intent of Presidential Decree No.
1602, are hereby exempted.
Lottery is a scheme for the distribution of
prices by chance among persons who have
paid, or agreed to pay, a valuable
consideration for the chance to obtain a prize.
It has 3 elements: 1) Consideration, 2) Chance,
3) Prize or some advantage or inequality in
amount or value which is in the nature of a
prize [U.S. v Filart (1915)]
COCKFIGHTING LAW OF 1974 [PD 449]
Section 4. Definition of Terms. As used in
this law, the following terms shall be
understood, applied and construed as
follows:
(a) Cockfighting shall embrace and mean
the commonly known game or term
"cockfighting derby, pintakasi or tupada",
or its equivalent terms in different
Philippine localities.
(b) Zoning Law or Ordinance. Either both
national or local city or municipal
legislation which logically arranges,
prescribes, defines and apportions a
given political subdivision into specific
land uses as present and future
projection of needs warrant.
(c) Bet Taker of Promoter. A person who calls
and takes care of bets from owners of
both gamecocks and those of other
bettors before he orders commencement
of the cockfight and thereafter
distributes won bets to the winners after
deducting a certain commission.
(d) Gaffer (Taga Tari). A person
knowledgeable in the art of arming
fighting cocks with gaff or gaffs on either
or both legs.
(e) Referee (Sentenciador). A person who
watches and oversees the proper gaffing
of fighting cocks, determines the
physical condition of fighting cocks while
cockfighting is in progress, the injuries
sustained by the cocks and their
capability to continue fighting and
decides and make known his decision by
work or gestures and result of the
cockfight by announcing the winner or
declaring a tie or no contest game.
(f) Bettor. A person who participates in
cockfights and with the use of money or
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other things of value, bets with other
bettors or through the bet taker or
promoter and wins or loses his bet
depending upon the result of the
cockfight as announced by the Referee
or Sentenciador. He may be the owner of
fighting cock.
Section 5. Cockpits and Cockfighting: In
General:
(1) Ownership, Operation and Management
of Cockpits. Only Filipino citizens not
otherwise inhibited by existing laws shall
be allowed to own, manage and operate
cockpits. Cooperative capitalization is
encouraged.
(2) Establishment of Cockpits. Only one
cockpit shall be allowed in each city or
municipality, except that in cities or
municipalities with a population of over
one hundred thousand, two cockpits may
be established, maintained and operated.
(3) Cockpits Site and Construction. Cockpits
shall be constructed and operated within
the appropriate areas as prescribed in
Zoning Law or Ordinance. In the absence
of such law or ordinance, the local
executives shall see to it that no cockpits
are constructed within or near existing
residential or commercial areas,
hospitals, school buildings, churches or
other public buildings. Owners, lessees,
or operators of cockpits which are now in
existence and do not conform to this
requirement are given three years from
the date of effectivity of this Decree to
comply herewith. Approval or issuance of
building permits for the construction of
cockpits shall be made by the city or
provincial engineer in accordance with
their respective building codes,
ordinances or engineering laws and
practices.
(4) Holding of Cockfights. Except as
provided in this Decree, cockfighting
shall be allowed only in licensed cockpits
during Sundays and legal holidays and
during local fiestas for not more than
three days. It may also be held during
provincial, city or municipal, agricultural,
commercial or industrial fair, carnival or
exposition for a similar period of three
days upon resolution of the province, city
or municipality where such fair, carnival
or exposition is to be held, subject to the
UP LAW BOC CRIMINAL LAW 2
approval of the Chief of Constabulary or
his authorized representative: Provided,
that, no cockfighting on the occasion of
such fair, carnival or exposition shall be
allowed within the month of a local
fiesta or for more than two occasions a
year in the same city or municipality:
Provided, further, that no cockfighting
shall be held on December 30 (Rizal
Day), June 12 (Philippine Independence
Day) November 30 (National Heroes
Day), Holy Thursday, Good Friday,
Election or Referendum Day and during
Registration Days for such election or
referendum.
(5) Cockfighting for Entertainment of
Tourists or for Charitable Purposes.
Subject to the preceding subsection
hereof, the Chief Constabulary or his
authorized representative may also allow
the holding of cockfighting for the
entertainment of foreign dignitaries or
for tourists, or for returning Filipinos,
commonly known as "Balikbayan", or for
the support of national fund-raising
campaigns for charitable purposes as
may be authorized by the Office of the
President, upon resolution of a provincial
board, city or municipal council, in
licensed cockpits or in playgrounds or
parks: Provided, that this privilege shall
be extended for only one time, for a
period not exceeding three days, within a
year to a province, city, or municipality.
(6) Other games during cockfights
prescribed. No gambling of any kind
shall be permitted on the premises of the
cockpit or place of cockfighting during
cockfights. The owner, manager or
lessee off such cockpit and the violators
of this injunction shall be criminally
liable under Section 8 hereof.
Section 6. Licensing of Cockpits. City and
municipal mayors are authorized to issue
licenses for the operation and maintenance of
cockpits subject to the approval of the Chief
of Constabulary or his authorized
representatives. For this purpose, ordinances
may be promulgated for the imposition and
collection of taxes and fees not exceeding the
rates fixed under Section 13, paragraphs (a)
and (b); and 19; paragraph (g) 16 of
Presidential Decree No. 231, dated June 28,
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1973, otherwise known as the Local Tax Code,
as amended.
Section 7. Cockfighting Officials. Gaffers,
referees or bet takers or promoters shall not
act as such in any cockfight herein authorized,
without first securing a license renewable
every year on their birthmonth from the city or
municipality where such cockfighting is held.
Cities and municipalities may charge a tax of
not more than twenty pesos. Only licensed
gaffers, referees, bet takers or promoters
shall officiate in all kinds of cockfighting
authorized in this Decree.
Section 8. Penal Provisions. Any violation of
the provisions of this Decree and of the rules
and regulations promulgated by the Chief of
Constabulary pursuant thereto shall be
punished as follows:
(a) By prision correccional in its maximum
period and a fine of two thousand pesos,
with subsidiary imprisonment in case of
insolvency, when the offender is the
financer, owner, manger or operator of
cockpit, or the gaffer, referee or bet taker
in cockfights; or the offender is guilty of
allowing, promoting or participating in
any other kind of gambling in the
premises of cockfights during cockfights.
(b) By prision correccional or a fine of not less
than six hundred pesos nor more than
two thousand pesos or both, such
imprisonment and fine at the discretion
of the court, with subsidiary
imprisonment in case of insolvency, in
case of any other offender.
CHAPTER II: OFFENSES AGAINST
DECENCY AND GOOD CUSTOMS
ARTICLE 200 - GRAVE SCANDAL
Elements:
(a) Offender performs an act or acts;
(b) Such act or acts be highly scandalous as
offending against decency or good
customs;
(c) The highly scandalous conduct is not
expressly falling within any other article
of this Code; and
(d) The act or acts complained of be
committed in a public place or within the
public knowledge or view. (Reyes)
UP LAW BOC
Decency - means proprietary of conduct;
proper observance of the requirements of
modesty, good taste, etc.
Customs - established usage, social
conventions carried on by tradition and
enforced by social disapproval of any
violation thereof.
Grave Scandal - consists of acts which
are offensive to decency and good customs
which, having been committed publicly, have
given rise to public scandal to persons who
have accidentally witnessed the same.
The acts must be performed in a public place
or within the public knowledge or view. If it is
committed in a private place, the crime of
grave scandal is not committed.
In conducts involving lasciviousness, it is
grave scandal only where there is mutual
consent. (Boado, Comprehensive Reviewer in
Criminal Law)
Any act which is notoriously offensive to
decency may bring about criminal liability for
the crime of grave scandal, Provided such act
does not constitute some other crime under
the Revised Penal Code.
Grave scandal is a crime of last resort.
ARTICLE 201 - IMMORAL DOCTRINES,
OBSCENE PUBLICATIONS AND
EXHIBITIONS AND INDECENT SHOWS
Acts punished (as am ended by PD 960,
and PD 969)
• Those who shall publicly expound or
proclaim doctrines openly contrary to
public morals;
• A. The authors of obscene literature,
published with their knowledge in any
form, the editors publishing such
literature; the owners/operators of
the establishment selling the same;
B. Those who, in theaters, fairs,
cinematographs, or any other place,
exhibit indecent or immoral plays, scenes,
acts, or shows, it being understood that
the obscene literature or indecent or
immoral plays, scenes, acts or shows,
whether live or in film, which are
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proscribed by virtue hereof, shall include
those which:
(1) glorify criminals or condone crimes;
(2) serve no other purpose but to satisfy
the market for violence, lust or
pornography;
(3) offend any race, or religion;
(4) tend to abet traffic in and use of
prohibited drugs; and
(5) are contrary to law, public order,
morals, good customs, established
policies, lawful orders, decrees and
edicts;
• Those who shall sell, give away or
exhibit films, prints, engravings,
sculpture or literature which are
offensive to morals.
Morals - imply conformity with the generally
accepted standards of goodness or rightness
in conduct or character, sometimes,
specifically, to sexual conduct.
Offense in any of the forms mentioned in the
article is committed only when there is
publicity
The test of obscenity:
(1) The test is objective.
(2) It is more on the effect upon the viewer
and not alone on the conduct of the
performer.
(3) If the material has the tendency to
deprave and corrupt the mind of the
viewer then the same is obscene and
where such obscenity is made publicly,
criminal liability arises.
(4) As long as the pornographic matter or
exhibition is made privately, there is no
crime committed under the Revised
Penal Code because what is protected is
the morality of the public in general.
Jurisprudence:
Postcards of Philippine inhabitants in native
attire were not obscene because the
aggregate judgment of the community, and
the moral sense of the people were not
shocked by those pictures. They were not
offensive to chastity but merely depicted
persons as they actually lived. [People v
Kottinger (1923)]
UP LAW BOC
The reaction of the public during the
performance of a dance by one who had
nothing to cover herself with, except nylon
patches over her breasts and too abbreviated
pair of nylon panties to interrupt her stark
nakedness should be made the gauge in the
determination of whether the dance or
exhibition was indecent or immoral. [People v
Aparici (1955)]
An actual exhibition of the sexual act can
have no redeeming feature—no room for art.
Therefore, it is a clear and unmitigated
obscenity. [People v Padan (1957)]
The Miller Test of Obscenity:
[Miller v California (1973) – adopted in
Fernando v CA (2006)]
(1) Whether the average person, applying
contemporary standards, would find the
work, taken as a whole, appeals to
prurient interest;
(2) Whether the work depicts, in a patently
offensive way, sexual conduct specifically
defined by the applicable state law;
(3) Whether the work, taken as a whole,
lacks serious literary, artistic, political or
scientific value.
Mere possession of obscene materials,
without intent to sell, exhibit or distribute, is
not punishable under Article 201. The offense
is committed only where there is publicity. So
long as the materials are offered for sale,
displayed, or exhibited to the public, one may
be liable. [Fernando v CA (2006)]
ARTICLE 202 - PROSTITUTION (AMENDED
BY RA 10158)
Elements:
(1) The offender is a woman;
(2) She habitually indulges in sexual
intercourse or lascivious conduct;
(3) Such indulgence is for money or profit
The term prostitution is applicable to a
woman who for profit or money habitually
engages in sexual or lascivious conduct. A
man who engages in the same conduct – sex
for money – is not a prostitute, but a vagrant.
In law, the mere indulging in lascivious
conduct habitually because of money or gain
would amount to prostitution, even if there is
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no sexual intercourse. Virginity is not a
defense.
Habituality is the controlling factor; it has to
be more than one time.
There cannot be prostitution by conspiracy.
One who conspires with a woman in the
prostitution business like pimps, taxi drivers
or solicitors of clients are guilty of the crime
under Article 341 for white slavery.
Before RA 10158, which decriminalized
vagrancy, the following were liable under
Article 202:
(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;
(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;
(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 in this
Code, shall be found loitering in any
inhabited or uninhabited place
belonging to another without any lawful
or justifiable purpose;
(5) Prostitutes.
All pending cases under the provisions of
Article 202 of the Revised Penal Code on
Vagrancy prior to its amendment by this Act
shall be dismissed upon effectivity of this Act.
[Section 2, RA 10158]
All persons serving sentence for violation of
the provisions of Article 202 on Vagrancy
prior to its amendment by this Act shall be
immediately released upon effectivity of this
Act: Provided, That they are not serving
sentence or detained for any other offense or
felony. (Section 3, RA 10158)
Under the Mendicancy Law of 1978
(PD 1563), the following persons are liable:
(a) The mendicant himself—one who has no
visible and legal means of support, or
lawful employment, and who is
UP LAW BOC CRIMINAL LAW 2
physically able to work but neglects to
apply himself to some lawful calling and
instead uses begging as a means of
living.
(b) Any person who abets mendicancy by
giving alms directly to mendicants,
exploited infants and minors on public
roads, sidewalks, parks and bridges shall
be punished by a fine.
SPECIAL LAWS
RA 9208: ANTI-TRAFFICKING IN PERSONS
ACT
Trafficking in Persons - recruitment,
transportation, transfer or harboring, or
receipt of persons with or without the victim's
consent or knowledge, within or across
national borders by means of threat or use of
force, or other forms of coercion, abduction,
fraud, deception, abuse of power or of
position, taking advantage of the
vulnerability of the person, or, the giving or
receiving of payments or benefits to achieve
the consent of a person having control over
another person for the purpose of
exploitation which includes at a minimum,
the exploitation or the prostitution of others
or other forms of sexual exploitation, forced
labor or services, slavery, servitude or the
removal or sale of organs. The recruitment,
transportation, transfer, harboring or receipt
of a child for the purpose of exploitation shall
also be considered as "trafficking in persons"
even if it does not involve any of the
aforementioned means.
Acts of Trafficking in Persons
It shall be unlawful for any person, natural or
juridical, to commit any of the following acts
(Section 4, RA 9208):
i. To recruit, transport, transfer, harbor,
provide, or receive a person by any
means, including those done under the
pretext of domestic or overseas
employment or training or
apprenticeship, for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
ii. To introduce or match for money, profit,
or material, economic or other
consideration, any person or, as provided
for under Republic Act No. 6955, any
Filipino woman to a foreign national, for
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marriage for the purpose of acquiring,
buying, offering, selling or trading
him/her to engage in prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or
debt bondage;
iii. To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them
to engage in prostitution, pornography,
sexual exploitation, forced labor or
slavery, involuntary servitude or debt
bondage;
iv. To undertake or organize tours and
travel plans consisting of tourism
packages or activities for the purpose of
utilizing and offering persons for
prostitution, pornography or sexual
exploitation;
v. To maintain or hire a person to engage in
prostitution or pornography;
vi. To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or
debt bondage;
vii. To recruit, hire, adopt, transport or
abduct a person, by means of threat or
use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose
of removal or sale of organs of said
person; and
viii. To recruit, transport or adopt a child to
engage in armed activities in the
Philippines or abroad.
RA 10364 THE EXPANDED ANTI-
TRAFFICKING IN PERSONS ACT OF 2012
Approved on Feb. 6, 2013, and amended Sec.
4 of RA 9208 as follows:
Acts of Trafficking in Persons.
It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(6) To adopt persons by any form of
consideration for exploitative purposes
or to facilitate the same for purposes of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(7) To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or
debt bondage;
UP LAW BOC CRIMINAL LAW 2
(8) To recruit, hire, adopt, transport, transfer,
obtain, harbor, maintain, provide, offer,
receive or abduct a person, by means of
threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the
purpose of removal or sale of organs of
said person;
(9) To recruit, transport, obtain, transfer,
harbor, maintain, offer, hire, provide,
receive or adopt a child to engage in
armed activities in the Philippines or
abroad;
(10) To recruit, transport, transfer, harbor,
obtain, maintain, offer, hire, provide or
receive a person by means defined in
Section 3 of this Act for purposes of
forced labor, slavery, debt bondage and
involuntary servitude, including a
scheme, plan, or pattern intended to
cause the person either:
(a) To believe that if the person did not
perform such labor or services, he or
she or another person would suffer
serious harm or physical restraint;
or
(b) To abuse or threaten the use of law
or the legal processes; and
(11) To recruit, transport, transfer, harbor,
obtain, maintain, offer, hire, provide or
receive a person by means defined in
Section 3 of this Act for purposes of
forced labor, slavery, debt bondage and
involuntary servitude, including a
scheme, plan, or pattern intended to
cause the person either:
(a) To believe that if the person did not
perform such labor or services, he or
she or another person would suffer
serious harm or physical restraint;
or
(b) To abuse or threaten the use of law
or the legal processes; and
(12) To recruit, transport, harbor, obtain,
transfer, maintain, hire, offer, provide,
adopt or receive a child for purposes of
exploitation or trading them, including
but not limited to, the act of baring
and/or selling a child for any
consideration or for barter for purposes
of exploitation. Trafficking for purposes
of exploitation of children shall include:
(a) All forms of slavery or practices
similar to slavery, involuntary
servitude, debt bondage and
forced labor, including recruitment
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of children for use in armed
conflict;
(b) The use, procuring or offering of a
child for prostitution, for the
production of pornography, or for
pornographic performances;
(c) The use, procuring or offering of a
child for the production and
trafficking of drugs; and
(d) The use, procuring or offering of a
child for illegal activities or work
which, by its nature or the
circumstances in which it is carried
out, is likely to harm their health,
safety or morals; and
(13) To organize or direct other persons to
commit the offenses defined as acts
of trafficking under this Act."
Acts that Promote Trafficking in Persons
The following acts which promote or facilitate
trafficking in persons, shall be unlawful
(Section 5, RA 9208):
a. To knowingly lease or sublease, use or
allow to be used any house, building or
establishment for the purpose of
promoting trafficking in persons;
b. To produce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and
certificates of any government agency
which issues these certificates and
stickers as proof of compliance with
government regulatory and pre-
departure requirements for the purpose
of promoting trafficking in persons;
c. To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including the
use of information technology and the
internet, of any brochure, flyer, or any
propaganda material that promotes
trafficking in persons;
d. To assist in the conduct of
misrepresentation or fraud for purposes
of facilitating the acquisition of
clearances and necessary exit
documents from government agencies
that are mandated to provide pre-
departure registration and services for
departing persons for the purpose of
promoting trafficking in persons;
e. To facilitate, assist or help in the exit and
entry of persons from/to the country at
UP LAW BOC CRIMINAL LAW 2
international and local airports,
territorial boundaries and seaports who
are in possession of unissued, tampered
or fraudulent travel documents for the
purpose of promoting trafficking in
persons;
f. To confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of trafficked
persons in furtherance of trafficking or to
prevent them from leaving the country or
seeking redress from the government or
appropriate agencies;
g. To knowingly benefit from, financial or
otherwise, or make use of, the labor or
services of a person held to a condition
of involuntary servitude, forced labor, or
slavery.
h. To tamper with, destroy, or cause the
destruction of evidence, or to influence
or attempt to influence witnesses, in an
investigation or prosecution of a case
under this Act;
i. To destroy, conceal, remove, confiscate
or possess, or attempt to destroy,
conceal, remove, confiscate or possess,
any actual or purported passport or
other travel, immigration or working
permit or document, or any other actual
or purported government identification,
of any person in order to prevent or
restrict, or attempt to prevent or restrict,
without lawful authority, the person’s
liberty to move or travel in order to
maintain the labor or services of that
person; or
j. To utilize his or her office to impede the
investigation, prosecution or execution of
lawful orders in a case under this Act."
Qualified Trafficking in Persons
(Section 6, RA 9208):
(a) When the trafficked person is a child;
(b) When the adoption is effected through
RA 8043, otherwise known as the "Inter-
Country Adoption Act of 1995" and said
adoption is for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) When the crime is committed by a
syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if
carried out by a group of 3 or more
persons conspiring or confederating with
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one another. It is deemed committed in
large scale if committed against 3 or
more persons, individually or as a group;
(d) When the offender is an ascendant,
parent, sibling, guardian or a person who
exercises authority over the trafficked
person or when the offense is committed
by a public officer or employee;
(e) When the trafficked person is recruited
to engage in prostitution with any
member of the military or law
enforcement agencies;
(f) When the offender is a member of the
military or law enforcement agencies;
and
(g) When by reason or on occasion of the act
of trafficking in persons, the offended
party dies, becomes insane, suffers
mutilation or is afflicted with HIV or AIDS.
Qualified Trafficking in Persons.
(4) When the offender is a spouse, an
ascendant, parent, sibling, guardian or a
person who exercises authority over the
trafficked person or when the offense is
committed by a public officer or
employee;
(5) xxxx
(6) When the offender is a member of the
military or law enforcement agencies;
(7) When by reason or on occasion of the
act of trafficking in persons, the
offended party dies, becomes insane,
suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV)
or the Acquired Immune Deficiency
Syndrome (AIDS);
(8) When the offender commits one or
more violations of Section 4 over a
period of sixty (60) or more days,
whether those days are continuous or
not; and
(9) When the offender directs or through
another manages the trafficking
victim in carrying out the exploitative
purpose of trafficking."
Any person who buys or engages the services
of trafficked persons for prostitution shall be
penalized as follows (Section 11, RA 9208):
(a) First offense - 6 months of
community service as may be
determined by the court and a fine of
P50,000;
UP LAW BOC CRIMINAL LAW 2
(b) Second and subsequent offenses -
imprisonment of 1 year and a fine of
P100,000.
RA 10364 am ended Sec. 11 of RA 9208
as follows:
Use of Trafficked Persons. – Any person
who buys or engages the services of a
trafficked person for prostitution shall be
penalized with the following: Provided, That
the Probation Law (Presidential Decree No.
968) shall not apply:
(a) Prision Correccional in its maximum
period to prision mayor or six (6) years
to twelve (12) years imprisonment and
a fine of not less than Fifty thousand
pesos (P50,000.00) but not more than
One hundred thousand pesos
(P100,000.00): Provided, however, That
the following acts shall be exempted
thereto:
(1) If an offense under paragraph (a)
involves sexual intercourse or
lascivious conduct with a child, the
penalty shall be reclusion temporal in
its medium period to reclusion
perpetua or seventeen (17) years to
forty (40) years imprisonment and a
fine of not less than Five hundred
thousand pesos (P500,000.00) but
not more than One million pesos
(P1,000,000.00);
(2) If an offense under paragraph (a)
involves carnal knowledge of, or
sexual intercourse with, a male or
female trafficking victim and also
involves the use of force or
intimidation, to a victim deprived of
reason or to an unconscious victim, or
a victim under twelve (12) years of age,
instead of the penalty prescribed in
the subparagraph above the penalty
shall be a fine of not less than One
million pesos (P1,000,000.00) but
not more than Five million pesos
(P5,000,000.00) and imprisonment
of reclusion perpetua or forty (40)
years imprisonment with no
possibility of parole; except that if a
person violating paragraph (a) of this
section knows the person that
provided prostitution services is in
fact a victim of trafficking, the
offender shall not be likewise
penalized under this section but
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under Section 10 as a person violating
Section 4; and if in committing such
an offense, the offender also knows a
qualifying circumstance for trafficking,
the offender shall be penalized under
Section 10 for qualified trafficking. If
in violating this section the offender
also violates Section 4, the offender
shall be penalized under Section 10
and, if applicable, for qualified
trafficking instead of under this
section;
(b) Deportation. – If a foreigner commits
any offense described by paragraph (1)
or (2) of this section or violates any
pertinent provision of this Act as an
accomplice or accessory to, or by
attempting any such offense, he or she
shall be immediately deported after
serving his or her sentence and be
barred permanently from entering the
country; and
(c) Public Official. – If the offender is a
public official, he or she shall be
dismissed from service and shall suffer
perpetual absolute disqualification to
hold public, office, in addition to any
imprisonment or fine received pursuant
to any other provision of this Act."
Trafficked persons shall be recognized as
victims of the act or acts of trafficking and as
such shall not be penalized for crimes directly
related to the acts of trafficking enumerated
in this Act or in obedience to the order made
by the trafficker in relation thereto. In this
regard, the consent of a trafficked person to
the intended exploitation set forth in this Act
shall be irrelevant. (Section 17, RA 9208)
Note on Section 17: Persons trafficked
(including prostitutes) are exempt from
criminal liability.
Note also: Under RA 9208, persons who
hire trafficked persons are criminally liable
(Section 11). Not so in Art 202 RPC.
Under RA 10364, it is provided that victims of
trafficking for purposes of prostitution as
defined under Section 4 of this Act are not
covered by Article 202 of the Revised Penal
Code and as such, shall not be prosecuted,
fined, or otherwise penalized under the said
law. Prostitution is defined as any act,
transaction, scheme or design involving the
use of a person by another, for sexual
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

intercourse or lascivious conduct in exchange (a) By profiting themselves or assisting the

for money, profit or any other consideration. offender to profit by the effects of the
RA 10364 also added new sections on crime;
attempted trafficking of persons (Sec. 4-A), (b) By concealing or destroying the body of
accomplice liability (Sec. 4-B) and the crime or effects or instruments
accessories (Sec. 4-C). thereof, in order to prevent its
discovery;
Attempted Trafficking in Persons. – Where (c) By harboring, concealing or assisting in
there are acts to initiate the commission of a the escape of the principal of the crime,
trafficking offense but the offender failed to provided the accessory acts with abuse
or did not execute all the elements of the of his or her public functions or is
crime, by accident or by reason of some cause known to be habitually guilty of some
other than voluntary desistance, such overt other crime.
acts shall be deemed as an attempt to
commit an act of trafficking in persons. As
such, an attempt to commit any of the
offenses enumerated in Section 4 of this Act
shall constitute attempted trafficking in
persons.
In cases where the victim is a child, any of the
following acts shall also be deemed as
attempted trafficking in persons:
(1) Facilitating the travel of a child who
travels alone to a foreign country or
territory without valid reason therefor
and without the required clearance or
permit from the Department of Social
Welfare and Development, or a written
permit or justification from the child’s
parent or legal guardian;
(2) Executing, for a consideration, an
affidavit of consent or a written consent
for adoption;
(3) Recruiting a woman to bear a child for
the purpose of selling the child;
(4) Simulating a birth for the purpose of
selling the child; and
(5) Soliciting a child and acquiring the
custody thereof through any means from
among hospitals, clinics, nurseries,
daycare centers, refugee or evacuation
centers, and low-income families, for the
purpose of selling the child.

Accomplice - knowingly aids, abets,

cooperates in the execution of the offense by
previous or simultaneous acts defined in this
Act

Accessories. – Whoever has the knowledge of

the commission of the crime, and without
having participated therein, either as
principal or as accomplices, take part in its
commission in any of the following manners:

PAGE 220 OF 342

UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Title VII. Crimes CHAPTER 5: INFIDELITY OF PUBLIC

OFFICERS
Committed by Public (1) Art. 223 - Conniving With or Consenting
to Evasion
Officers (2) Art. 224 - Evasion through Negligence
(3) Art. 225 - Escape of Prisoner under the
Custody of a Person Not a Public Officer
CHAPTER 1: PRELIMINARY PROVISIONS
(4) Art. 226 - Removal, Concealment, or
(a) Art. 203 - Who Are Public Officers
Destruction of Documents
(5) Art. 227 - Officer Breaking Seal
CHAPTER 2: MALFEASANCE AND
(6) Art. 228 - Opening of Closed Documents
MISFEASANCE IN OFFICE
(7) Art. 229 - Revelation of Secrets by an
(a) Art. 204 - Knowingly Rendering Unjust
Officer
Judgment
(8) Art. 230 - Public Officers Revealing
(b) Art. 205 - Judgment Rendered Through
Secrets of Private Individuals
Negligence
(c) Art. 206 - Unjust Interlocutory Order
CHAPTER 6: OTHER OFFENSES AND
(d) Art. 207 - Malicious Delay in the
IRREGULARITIES BY PUBLIC OFFICERS
Administration of Justice
(1) Art. 231 - Open Disobedience
(e) Art. 208 - Prosecution of Offenses;
(2) Art. 232 - Disobedience to the Order of
Negligence and Tolerance
Superior Officer When Said Order Was
(f) Art. 209 - Betrayal of Trust by an
Suspended by Inferior Officer
Attorney or a Solicitor - Revelation of
(3) Art. 233 - Refusal of Assistance
Secrets
(4) Art. 234 - Refusal to Discharge Elective
(g) Art. 210 - Direct Bribery
Office
(h) Art. 211 - Indirect Bribery
(5) Art. 235 - Maltreatment of Prisoners
(i) Art. 211-A - Qualified Bribery
(6) Art. 236 - Anticipation of Duties of a
(j) Art. 212 - Corruption of Public Officials
Public Officer
(k) Art. 214 - Other Frauds
(7) Art. 237 - Prolonging Performance of
Duties and Powers
CHAPTER 3: FRAUDS AND ILLEGAL
(8) Art. 238 - Abandonment of Office or
EXACTIONS AND TRANSACTIONS
Position
1. Art. 213 - Fraud against the Public
(9) Art. 239 - Usurpation of Legislative
Treasury and Similar Offenses
Powers
2. Art. 215 - Prohibited Transactions
(10) Art. 240 - Usurpation of Executive
3. Art. 216 - Possession of Prohibited
Functions
Interest by a Public Officer
(11) Art. 241 - Usurpation of Judicial
Functions
CHAPTER 4: MALVERSATION OF PUBLIC
(12) Art. 242 - Disobeying Request for
FUNDS AND PROPERTIES
Disqualification
A. Art. 217 - Malversation of Public Funds or
(13) Art. 243 - Orders or Request by
Property - Presumption of Malversation
Executive Officer to Any Judicial
B. Art. 218 - Failure of Accountable Officer
Authority
to Render Accounts
(14) Art. 244 - Unlawful Appointments
C. Article 219 - Failure of a Responsible
(15) Art. 245 - Abuses against Chastity
Public Officer to Render Accounts Before
Leaving the Country
Note:
D. Art. 220 - Illegal Use of Public Funds or
This is one of the instances where the Revised
Property
Penal Code may be given extra-territorial
E. Art. 221 - Failure to Make Delivery of
application under Article 2 (5) thereof.
Public Funds or Property
F. Art. 222 - Officers Included in the
Crimes under this title can be committed by
Preceding Provisions
public officers or a non-public officer, when
the latter becomes a conspirator with a public
officer, or an accomplice, or accessory to the
PAGE 221 OF 342
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crime. The public officer has to be the
principal.
CHAPTER I: PRELIMINARY
PROVISIONS
ART. 203 - WHO ARE PUBLIC OFFICERS
Requisites:
(1) Taking part in the performance of public
functions in the government;
(2) Performing in said government or in any
of its branches public duties as an
employee, agent or subordinate official,
of any rank or class;
(3) His authority to take part in the
performance of public functions or to
perform public duties must be –
a. By direct provision of the law;
b. By popular election; or
c. By appointment by competent
authority
"Public Officials" includes elective and
appointive officials and employees,
permanent or temporary, whether in the
career or non-career service, including
military and police personnel, whether or not
they receive compensation, regardless of
amount (Sec. 3(b) RA 6713)
"Public officer" includes elective and
appointive officials and employees,
permanent or temporary, whether in the
classified or unclassified or exempt service
receiving compensation, even nominal, from
the government (Sec. 2(c), RA 3019)
The term “public officers” embraces every
public servant from the highest to lowest.
Dacumas v. Sandiganbayan expanded the
meaning of “official duties”. It included those
which may be in one’s capacity to perform by
reason of his office.
Officers and employees of government owned
and controlled corporations included but not
those of a sequestered corporation.
The better rule is that GOCCs created by law
are covered while GOCCs registered with the
SEC (including sequestered companies) are
not. [Macalino v. Sandiganbayan]
PAGE 222 OF 342
CRIMINAL LAW 2 CRIMINAL LAW
The more recent case of People v.
Sandiganbayan held that, based on RA 8249,
presidents, directors, trustees, and managers
of all GOCCs, regardless of type, are subject
to the jurisdiction of the Sandiganbayan
when they are involved in graft and
corruption.
CHAPTER II: MALFEASANCE AND
MISFEASANCE IN OFFICE
Malfeasance The performance of an
(Direct Bribery act which ought not to
and Indirect be done
Bribery)
Misfeasance Improper performance of
(see Arts 204-207: some act which might
acts by a judge) lawfully be done
Omission of some act
Nonfeasance
which ought to be
(Prosecution)
performed
ARTICLE 204 - KNOWINGLY RENDERING
UNJUST JUDGMENT
Elements:
(1) Offender is a judge;
(2) He renders a judgment in a case
submitted to him for decision;
(3) Judgment is unjust;
(4) The judge knows that his judgment is
unjust.
Judgment - the final consideration and
determination of a court of competent
jurisdiction upon matters submitted to it, in
an action or proceeding.
An unjust judgment is one which is contrary
to law or is not supported by the evidence, or
both.
Defense: Mere error in good faith.
There must be positive evidence imputing an
unjust judgment; presumption will not suffice.
The source of an unjust judgment may be
either a) error, b) ill-will or revenge, or c)
bribery.
The offense refers only to a judgment of an
individual judge in his court, and not to the
judgment rendered in a collegial court by the
UP LAW BOC CRIMINAL LAW 2
members thereof [In Re: Wenceslao Laureta
(1987)]
Before a criminal action against a judge for
violation of Articles 204 and 205 can be
entertained, there must be a trial or
authoritative judicial declaration that his
decision or order is really unjust which may
result from either an action of certiorari or
prohibition in a higher court. [De Vera v.
Pelayo (2000)]
Malice or bad faith on the part of the judge in
rendering an unjust decision must still be
proved and failure on the part of the
complainant to prove the same warrants the
dismissal of the administrative complaint
[Diego v. Castillo, 2004, citing Alforte v.
Santos]
ARTICLE 205 - JUDGMENT RENDERED
THROUGH NEGLIGENCE
Elements:
(a) Offender is a judge;
(b) He renders a judgment in a case
submitted to him for decision;
(c) The judgment is manifestly unjust;
(d) It is due to his inexcusable negligence
or ignorance.
A manifestly unjust judgment is one which is
so manifestly contrary to law that even a
person having basic knowledge of the law
cannot doubt the injustice. Abuse of
discretion or mere error of judgment, not
punishable.
The Supreme Court held that a judgment is
said to be unjust when it is contrary to the
standards of conduct prescribed by law.
The test to determine whether an order or
judgment is unjust may be inferred from the
circumstances that it is contrary to law or is
not supported by evidence. [Louis Vuitton SA
v. Judge Villanueva]
ARTICLE 206 - UNJUST INTERLOCUTORY
ORDER
Elements:
(a) Offender is a judge;
(b) He performs any of the following
acts:
PAGE 223 OF 342
CRIMINAL LAW
(a) Knowingly rendering an unjust
interlocutory order or decree; or
(b) Rendering a manifestly unjust
interlocutory order or decree
through inexcusable negligence
or ignorance.
If the order leaves something to be done in
the trial court with respect to the merits of
the case, it is interlocutory. If it does not, it is
final.
The unjust interlocutory order must have
been issued by the judge with deliberate
intent to cause damage to the party
concerned.
ARTICLE 207 - MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
Elements:
1. Offender is a judge;
2. There is a proceeding in his
court;
3. He delays in the
administration of justice;
4. The delay is malicious, that is,
with deliberate intent to
inflict damage on either party
in the case.
Malice must be proven. Malice is present
where the delay is sought to favor one party
to the prejudice of the other.
Mere delay without malice is not a felony
under this provision.
ARTICLE 208 - PROSECUTION OF
OFFENSES; NEGLIGENCE AND TOLERANCE
Modes
(a) Maliciously refraining from instituting
prosecution against violators of the
law;
(b) Maliciously tolerating the commission
of offenses.
Elements:
(a) Offender is a public officer or officer of
the law who has a duty to cause the
prosecution of, or to prosecute, offenses;
(b) There is a dereliction of the duties of his
office, that is, knowing the commission
of the crime, he does not cause the
UP LAW BOC CRIMINAL LAW 2
prosecution of the criminal, or knowing
that a crime is about to be committed,
he tolerates its commission;
(c) Offender acts with malice and deliberate
intent to favor the violator of the law.
Public officer - officers of the prosecution
department, whose duty is to institute
criminal proceedings for felonies upon being
informed of their perpetration, i.e. city
attorney, fiscal.
Officer of the law - those who, by reason
of the position held by them, are duty-bound
to cause prosecution and punishment of
offenders, i.e. chief of police, barrio captain.
Also known as prevaricacion.
“Negligence” in the title must be construed
to mean neglect of the duties of his office by
maliciously failing to move the prosecution
and punishment of the delinquent. The crime
committed by the law violator must be
proved first. [US v. Mendoza]
Liability of the public officer who, having the
duty of prosecuting the offender, harbored,
concealed, or assisted in the escape of the
latter, is that of a principal in the crime of
dereliction of duty in the prosecution of the
offense.
ARTICLE 209 – BETRAYAL OF TRUST BY
AN ATTORNEY OR A SOLICITOR –
REVELATION OF SECRETS
Elements:
(1) Causing damage to his client, either—
(1) By any malicious breach of
professional duty;
(2) By inexcusable negligence or
ignorance.
(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,
(a) after having undertaken the
defense of said first client, or
(b) after having received confidential
information from said client.
When the attorney acts with malicious abuse
of his employment or inexcusable negligence
PAGE 224 OF 342
CRIMINAL LAW
or ignorance, there must be damage to his
client.
Communications made with prospective
clients to a lawyer with a view to engaging his
professional services are already privileged
even though the client-lawyer relationship
did not eventually materialize.
The confidential matters or information must
be confided to the lawyer in the latter’s
professional capacity.
Mere malicious breach without damage is not
a violation of Article 209; at most he will be
liable administratively as a lawyer, e.g.,
suspension or disbarment under the Code of
Professional Responsibility.
Modes of Commission:
(a) Maliciously causing damage to his client
through a breach of his professional duty.
Note: The breach of professional duty
must be malicious. If it is just incidental,
it would not give rise to criminal liability,
although it may be the subject of
administrative discipline;
(b) Through gross ignorance, causing
damage to the client;
(c) Inexcusable negligence;
(d) Revelation of secrets learned in his
professional capacity;
(e) Undertaking the defense of the opposite
party in a case without the consent of the
first client whose defense has already
been undertaken.
The Supreme Court held that not all
information received by counsel from the
client is classified as privileged.
A distinction must be made between
confidential communications relating to past
crimes already committed, and future crimes
intended to be committed by the client. The
attorney-client privilege only covers past
crimes. [People v. Sandiganbayan]
ARTICLE 210 - DIRECT BRIBERY
Modes
(a) Agreeing to perform, or performing, in
consideration of any offer, promise, gift
or present; an act constituting a crime, in
UP LAW BOC CRIMINAL LAW 2
connection with the performance of his
official duties;
(b) 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;
(c) Agreeing to refrain, or by refraining, from
doing something which is his official duty
to do, in consideration of gift or promise.
Elem ents:
(a) Offender is a public officer within the
scope of Article 203;
(b) Offender accepts an offer or a promise or
receives a gift or present by himself or
through another;
(c) Such offer or promise be accepted, or gift
or present received by the public officer –
1. With a view to committing some
crime; or
2. In consideration of the execution of
an act which does not constitute a
crime, but the act must be unjust; or
3. To refrain from doing something
which it is his official duty to do.
(d) The act which offender agrees to perform
or which he executes be connected with
the performance of his official duties.
The crime of bribery has no frustrated stage.
If one party does not concur, then there is no
agreement and not all the acts necessary to
commit the crime were present.
Temporary performance of public functions is
sufficient to constitute a person a public
officer.
Bribery exists when the gift is:
(a) voluntarily offered by a private person;
(b) solicited by the public officer and
voluntarily delivered by the private
person;
(c) solicited by the public officer but the
private person delivers it out of fear of
the consequences should the public
officer perform his functions (here the
crime by the giver does not fall under
corruption of public officials due to the
involuntariness of the act).
In the FIRST MODE of bribery, actual
receipt of the gift is not necessary.
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CRIMINAL LAW
An accepted offer or promise of a gift is
sufficient. However, if the offer is not
accepted, only the person offering the gift is
liable for attempted corruption of a public
officer.
In the SECOND MODE of bribery, the gift
must be accepted by the public officer.
The GIFT must have a value or capable of
pecuniary estimation. It could be in the form
of money, property or services. It cannot
consist of a mere offer or promise of a gift.
If the act required of the public officer
amounts to a crime and he commits it, he
shall be liable for the penalty corresponding
to the crime.
The THIRD MODE of bribery and
prevaricacion (Art 208) are similar offenses,
both consisting of omission of an act required
to be performed.
In direct bribery however, a gift or promise is
given in consideration of the omission. This is
not necessary in prevaricacion.
Direct bribery does not absorb Art. 208
(dereliction of duty). See Qualified Bribery
(211-A)
Police Sergeant Malfrosque asked and
accepted money in exchange for the recovery
of the reported stolen gas tanks to the
owners.
This made him liable under the 2nd mode of
Art 210 since the act of returning the gas
tanks to the owners does not constitute a
crime; he demanded money and said act was
in connection with the performance of his
duty as a policeman. [People v. Malfrosque
(2004)]
ARTICLE 211 - INDIRECT BRIBERY
Elements:
(1) Offender is a public officer;
(2) He accepts gifts;
(3) The gifts are offered to him by
reason of his office.
The principal distinction between
direct and indirect bribery is that in the
UP LAW BOC CRIMINAL LAW 2
former, the officer agrees to perform or
refrain from doing an act in consideration of
the gift or promise. In the latter case, it is not
necessary that the officer do any act. It is
sufficient that he accepts the gift offered by
reason of his office.
If after receiving the gift, the officer does any
act in favor of the giver which is unfair to the
others, the crime continues to be indirect
bribery.
Precisely the evil of indirect bribery is in its
tendency to produce future, unspecified, and
unwarranted favors from the official.
This is always in the consummated stage.
There is no attempted much less frustrated
stage in indirect bribery.
There must be clear intention on the part of
the public officer:
(a) to take the gift offered and
(b) consider the property as his own for
that moment.
Mere physical receipt unaccompanied by any
other sign, circumstance or act to show such
acceptance is not sufficient to convict the
officer.
“Gift" refers to a thing or a right to dispose of
gratuitously, or any act or liberality, in favor
of another who accepts it, and shall include a
simulated sale or an ostensibly onerous
disposition thereof. It shall not include an
unsolicited gift of nominal or insignificant
value not given in anticipation of, or in
exchange for, a favor from a public official or
employee. (Sec. 3(c), RA 6713)
“Receiving any gift" includes the act of
accepting directly or indirectly a gift from a
person other than a member of the public
officer's immediate family, in behalf of
himself or of any member of his family or
relative within the fourth civil degree, either
by consanguinity or affinity, even on the
occasion of a family celebration or national
festivity like Christmas, if the value of the gift
is under the circumstances manifestly
excessive. (Section 2(c), RA 3019)
ARTICLE 211-A - QUALIFIED BRIBERY
Elements:
(a) Offender is a public officer entrusted
with law enforcement;
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CRIMINAL LAW
(b) He refrains from arresting or
prosecuting an offender who has
committed a crime punishable by
reclusion perpetua and/or death;
(c) Offender refrains from arresting or
prosecuting in consideration of any
offer, promise, gift, or present.
The crime of qualified bribery may be
committed only by public officers “entrusted
with enforcement” (those whose official
duties authorize them to arrest or prosecute
offenders).
The penalty is qualified if the public officer is
the one who asks or demands such present.
If the penalty imposed is lower than reclusion
perpetua and/or death had the offender been
arrested or the crime prosecuted, the crime is
direct bribery.
The dereliction of the duty punished under
Article 208 of the Revised Penal Code is
absorbed in Qualified Bribery.
ARTICLE 212 - CORRUPTION OF PUBLIC
OFFICIALS
Elements:
1. Offender makes offers or promises or
gives gifts or presents to a public
officer;
2. The offers or promises are made or the
gifts or presents given to a public
officer, under circumstances that will
make the public officer liable for direct
bribery or indirect bribery.
The offender is the giver of the gift or the
offeror of the promise.
The act may or may not be accomplished.
Whenever any public officer or employee has
acquired during his incumbency an amount of
property which is manifestly out of proportion
to his salary as such public officer or
employee and to his other lawful income and
the income from legitimately acquired
property, said property shall be presumed
prima facie to have been unlawfully acquired.
If the respondent is unable to show to the
satisfaction of the court that he has lawfully
acquired the property in question, then the
UP LAW BOC CRIMINAL LAW 2
court shall declare such property, forfeited in
favor of the State. (R.A. 1379)
The following shall be exempt from
prosecution or punishment for the offense
with reference to which his information and
testimony was given:
1. Any person who voluntarily gives
information about any violation of
(1) Articles 210, 211, and 212 of the RPC;
(2) R.A. 3019, as amended;
(3) Section 345 of the Internal Revenue
Code and Section 3604 of the Tariff
and Customs Code and other
provisions of the said Codes
penalizing abuse or dishonesty on
the part of the public officials
concerned;
(4) Other laws, rules and regulations
punishing acts of graft, corruption
and other forms of official abuse;
2. Any person who willingly testifies
against any public official or employee
for such violation. (Section 1, PD 749)
SPECIAL LAWS
RA 3019: ANTI-GRAFT AND CORRUPT
PRACTICES
The act covers:
(1) Public Officers (Sec. 3);
(2) Private Individuals (Sec. 4);
(3) Certain Relatives (Sec. 5);Members of
Congress (Sec. 6)
Section 3. Corrupt Practices of Public Officers -
In addition to acts or omissions of public
officers already penalized by existing law, the
following shall constitute corrupt practices of
any public officer and are hereby declared to
be unlawful:
(a) 1) 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
2) allowing himself to be persuaded,
induced, or influenced to commit such
violation or offense.
Requesting or receiving any gift, present, or
benefit is not required in this provision (Reyes).
PAGE 227 OF 342
CRIMINAL LAW
(b) Directly or indirectly requesting or
receiving any gift, present, share,
percentage, or benefit, for himself or for
any other person, in connection with any
contract or transaction between the
Government and any other party,
wherein the public officer in his official
capacity has to intervene under the law.
Bar question: May a public officer charged
under Section 3(b) of Republic Act No. 3019
["directly or indirectly requesting or receiving
any gift, present, share, percentage or benefit,
for himself or for any other person, in
connection with any contract or transaction
between the government and any other party,
wherein the public officer in his official
capacity has to intervene under the law"] also
be simultaneously or successively charged
with direct bribery under Article 210 of the
Revised Penal Code?
Suggested answer: Violation of Section (b) of
RA 3019 (Graft) and Article 210 of RPC do
not preclude each other and may be
simultaneously or successively charged
Whether or not the public officer demanded
for gifts or benefits is immaterial, for the Act
uses the words “requesting or receiving”.
This section refers to a public officer whose
official intervention is required by law in a
contract or transaction. [Jaravata v.
Sandiganbayan (1984)]
1. 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.
2. Accepting or having any member of his
family accept employment in a private
enterprise which has pending official
business with him during the pendency
thereof or within one year after its
termination.
3. Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage or preference in the discharge
of his official administrative or judicial
UP LAW BOC
functions through manifest partiality,
evident bad faith or gross inexcusable
negligence. This provision shall apply to
officers and employees of offices or
government corporations charged with
the grant of licenses or permits or other
concessions.
The fact that the damage was caused when
the accused was no longer in the discharge
his official functions will not remove his
classification as a public officer. It is precisely
the taking advantage of his official position
which showed evident bad faith and caused
undue injury.
The last sentence of paragraph (e) is intended
to make clear the inclusion of officers and
employees of offices or government
corporations which, under the ordinary
concept of “public officers” may not come
within the term. It is a strained construction
of the provision to read it as applying
exclusively to public officers charged with the
duty of granting licenses or permits or other
concessions [Mejorada v. Sandiganbayan
(1987)]
4. Neglecting or refusing, after due
demand or request, without sufficient
justification, to act within a reasonable
time on any matter pending before him
for the purpose of obtaining, directly or
indirectly, from any person interested in
the matter some pecuniary or material
benefit or advantage, or for the purpose
of favoring his own interest or giving
undue advantage in favor of or
discriminating against any other
interested party.
5. 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.
6. 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 which he is
prohibited by the Constitution or by any
law from having any interest.
PAGE 228 OF 342
CRIMINAL LAW 2 CRIMINAL LAW
A mayor who has divested himself of shares
in a corporation which had a contract with the
government before his assumption to office,
even if the divestment was to a relative, is not
liable under 3 (h). What the law wants to
prevent is actual intervention in a transaction
in which the public official has financial or
pecuniary interest. [Trieste v. Sandiganbayan
(1986)]
(1) Directly or indirectly becoming
interested, for personal gain, or having a
material interest in any transaction or
act requiring the approval of a board,
panel or group of which he is a member,
and which exercises discretion in such
approval, even if he votes against the
same or does not participate in the
action of the board, committee, panel or
group.
Interest for personal gain shall be
presumed against those public officers
responsible for the approval of
manifestly unlawful, inequitable, or
irregular transaction or acts by the board,
panel or group to which they belong.
(2) Knowingly approving or granting any
license, permit, privilege or benefit in
favor of any person not qualified for or
not legally entitled to such license,
permit, privilege or advantage, or of a
mere representative or dummy of one
who is not so qualified or entitled.
(3) Divulging valuable information of a
confidential character, acquired by his
office or by him on account of his official
position to unauthorized persons, or
releasing such information in advance of
its authorized release date.
Section 4. Prohibition on private individuals.
(a) Taking advantage of family or close
personal relation with any public official,
by directly or indirectly requesting or
receiving any present or pecuniary
advantage from any person having some
business, transaction, application,
request or contract with the government,
in which such public official has to
intervene.
Family relation: includes the spouse or
relatives by consanguinity or affinity in the
third civil degree.
UP LAW BOC CRIMINAL LAW 2
Close personal relation : includes close
personal friendship, social and fraternal
connections, and professional employment
all giving rise to intimacy which assures free
access to such public officer.
(b) Knowingly inducing or causing any
public official to commit any of the
offenses defined in Sec. 3.
Section 5. Prohibition on certain relatives. –
The spouse or any relative, by consanguinity
or affinity, within the third civil degree, of the
President, Vice-President, President of the
Senate, or Speaker of the House of
Representatives is prohibited from
intervening directly or indirectly, in any
business, transaction, contract or application
with the Government.
Exceptions:
(1) Any person who, prior to the assumption
of office of those officials to whom he is
related, has been already dealing with
the Government along the same line of
business, nor to any transaction,
contract or application already existing
or pending at the time of such
assumption of public office.
(2) Any application filed by him the approval
of which is not discretionary on the part
of the official or officials concerned but
depends upon compliance with
requisites provided by law, or rules or
regulations issued pursuant to law;
(3) Any act lawfully performed in an official
capacity or in the exercise of a profession.
Section 6. Prohibition on Members of
Congress.
(a) A member of Congress during the term
for which he has been elected, to acquire
or receive any personal pecuniary
interest in any specific business
enterprise which will be directly and
particularly favored or benefited by any
law or resolution authored by him
previously approved or adopted by
Congress during the same term.
(b) Any other public officer who
recommended the initiation in Congress
of the enactment or adoption of any law
or resolution, and acquires or receives
any such interest during his incumbency.
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CRIMINAL LAW
(c) A member of Congress or other public
officer, who, having such interest prior to
the approval of such law or resolution
authored or recommended by him,
continues for thirty days after such
approval to retain such interest.
Section 14. Exception. Unsolicited gifts or
presents of small or insignificant value
offered or given as a mere ordinary token of
gratitude or friendship according to local
customs or usage, shall be excepted from the
provisions of this Act.
RA 7080: ANTI-PLUNDER ACT
Section 1. Definition of Terms
(a) Public Officer - any person holding
any public office in the Government of
the Republic of the Philippines by virtue
of an appointment, election or contract.
(b) Governm ent - includes the National
Government, and any of its subdivisions,
agencies or instrumentalities, including
GOCCs and their subsidiaries.
(c) Person - includes any natural or
juridical person, unless the context
indicates otherwise.
(d) Ill-gotten wealth - any asset,
property, business enterprise or material
possession of any person within the
purview of Section 2 (Plunder), acquired
by him directly or indirectly through
dummies, nominees, agents,
subordinates and/or business associates
by any combination or series of the
following means or similar schemes:
(1) Through misappropriation,
conversion, misuse, or malversation
of public funds or raids on the public
treasury;
(2) By receiving, directly or indirectly,
any commission, gift, share,
percentage, kickbacks or any other
form of pecuniary benefit from any
person and/or entity in connection
with any government contract or
project or by reason of the office or
position of the public officer
concerned;
(3) By the illegal or fraudulent
conveyance or disposition of assets
belonging to the National
Government or any of its
subdivisions, agencies or
UP LAW BOC CRIMINAL LAW 2
instrumentalities or government-
owned or -controlled corporations
and their subsidiaries;
(4) By obtaining, receiving or accepting
directly or indirectly any shares of
stock, equity or any other form of
interest or participation including
promise of future employment in
any business enterprise or
undertaking;
(5) By establishing agricultural,
industrial or commercial
monopolies or other combinations
and/or implementation of decrees
and orders intended to benefit
particular persons or special
interests; or
(6) By taking undue advantage of
official position, authority,
relationship, connection or influence
to unjustly enrich himself or
themselves at the expense and to
the damage and prejudice of the
Filipino people and the Republic of
the Philippines.
RA 7659 (The Death Penalty Law) amended
Section 2 of RA 7080, and lowered the
amount to Fifty million pesos and increased
the imposable penalty to death, to wit:
Sec. 12. Section 2 of Republic Act No. 7080
(An Act Defining and Penalizing the Crime of
Plunder) is hereby amended to read as
follows:
“Sec. 2. Definition of the Crime of Plunder;
Penalties. – Any public officer who, by himself
or in connivance with members of his family,
relatives by affinity or consanguinity, business
associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten
wealth through a combination or series of
overt criminal acts as described in Section 1
(d) hereof in the aggregate amount or total
value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the
crime of plunder and shall be punished by
reclusion perpetua to death.
Section 4. Rule of Evidence
For purposes of establishing the crime of
plunder, it shall not be necessary to prove
each and every criminal act done by the
PAGE 230 OF 342
CRIMINAL LAW
accused in furtherance of the scheme or
conspiracy to amass, accumulate or acquire
ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern
of overt or criminal acts indicative of the
overall unlawful scheme or conspiracy.
Combination - refers to at least 2 acts
falling under different categories of
enumeration in Sec. 1 (d) i.e. raids on the
public treasury under subpar. 1 and
fraudulent conveyance of assets belonging to
the National Government under subpar. 3.
[Estrada v. Sandiganbayan (2001)]
Series - refers to at least 2 or more overt or
criminal acts falling under the same category
of enumeration in Sec. 1 (d) i.e.
misappropriation, malversation and raids on
the public treasury under subparagraph 1.
[Estrada v. Sandiganbayan (2001)]
Pattern - consists of at least a combination
or series of overt or criminal acts enumerated
in subsections (1) to (6) of Section 1(d). It is a
general plan of action or method which the
principal accused and the public officer and
others conniving with him follow to achieve
the unlawful scheme or conspiracy to achieve
a common goal.
[Estrada v. Sandiganbayan (2001)]
Plunder is a crime malum in se, and the
element of mens rea must be proven in a
prosecution for plunder. [Estrada v.
Sandiganbayan (2001)]
PD 46
It is punishable for any public official or
employee, whether of the national or local
governments, to receive, directly or indirectly,
and for private persons to give, or offer to give,
any gift, present or other valuable thing on
any occasion, including Christmas, when such
gift, present or other valuable thing is given
by reason of his official position, regardless of
whether or not the same is for past favor or
favors or the giver hopes or expects to receive
a favor or better treatment in the future from
the public official or employee concerned in
the discharge of his official functions.
Included within the prohibition is the
throwing of parties or entertainments in
honor of the official or employee or his
immediate relatives.
UP LAW BOC
RA 6713 (CODE OF CONDUCT AND ETHICAL
STANDARDS FOR PUBLIC OFFICIALS AND
EMPLOYEES)
Section 7. Prohibited Acts and Transactions. -
In addition to acts and omissions of public
officials and employees now prescribed in the
Constitution and existing laws, the following
shall constitute prohibited acts and
transactions of any public official and
employee and are hereby declared to be
unlawful:
(a) Financial and material interest. - Public
officials and employees shall not,
directly or indirectly, have any financial
or material interest in any transaction
requiring the approval of their office.
(b) Outside employment and other
activities related thereto. - Public
officials and employees during their
incumbency shall not:
(a) Own, control, manage or accept
employment as officer, employee,
consultant, counsel, broker, agent,
trustee or nominee in any private
enterprise regulated, supervised or
licensed by their office unless
expressly allowed by law;
(b) Engage in the private practice of
their profession unless authorized
by the Constitution or law,
provided, that such practice will
not conflict or tend to conflict with
their official functions; or
(c) Recommend any person to any
position in a private enterprise
which has a regular or pending
official transaction with their office.
These prohibitions shall continue to apply for
a period of one (1) year after resignation,
retirement, or separation from public office,
except in the case of subparagraph (b) (2)
above, but the professional concerned cannot
practice his profession in connection with any
matter before the office he used to be with, in
which case the one-year prohibition shall
likewise apply.
(a) Disclosure and/or misuse of confidential
information. - Public officials and
employees shall not use or divulge,
confidential or classified information
officially known to them by reason of
CRIMINAL LAW 2 CRIMINAL LAW
their office and not made available to the
public, either:
a. To further their private interests, or
give undue advantage to anyone; or
b. To prejudice the public interest.
(b) Solicitation or acceptance of gifts. -
Public officials and employees shall not
solicit or accept, directly or indirectly,
any gift, gratuity, favor, entertainment,
loan or anything of monetary value from
any person in the course of their official
duties or in connection with any
operation being regulated by, or any
transaction which may be affected by the
functions of their office.
As to gifts or grants from foreign
governments, the Congress consents to:
(a) The acceptance and retention by a
public official or employee of a gift
of nominal value tendered and
received as a souvenir or mark of
courtesy;
(b) The acceptance by a public official
or employee of a gift in the nature of
a scholarship or fellowship grant or
medical treatment; or
(c) The acceptance by a public official
or employee of travel grants or
expenses for travel taking place
entirely outside the Philippine (such
as allowances, transportation, food,
and lodging) of more than nominal
value if such acceptance is
appropriate or consistent with the
interests of the Philippines, and
permitted by the head of office,
branch or agency to which he
belongs.
The Ombudsman shall prescribe such
regulations as may be necessary to carry out
the purpose of this subsection, including
pertinent reporting and disclosure
requirements.
Nothing in this Act shall be construed to
restrict or prohibit any educational, scientific
or cultural exchange programs subject to
national security requirements.
PAGE 231 OF 342
UP LAW BOC
CHAPTER III: FRAUDS AND ILLEGAL
EXACTIONS AND TRANSACTIONS
ARTICLE 213 - FRAUD AGAINST THE
PUBLIC TREASURY AND SIMILAR
OFFENSES
Modes:
A. Entering into an agreement with any
interested party or speculator or making
use of any other scheme, to defraud the
government, in dealing with any person
with regard to furnishing supplies, the
making of contracts, or the adjustment
or settlement of accounts relating to
public property or funds;
B. Demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law, in
collection of taxes, licenses, fees, and
other imposts;
C. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially, in the
collection of taxes, licenses, fees and
other imposts;
D. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a nature
different from that provided by law, in
the collection of taxes, licenses, fees and
other imposts.
Elements of Fraud against Public
Treasury (par.1):
(a) Offender is a public officer
(b) He should have taken advantage of
his public office, that is, he intervened
in the transaction in his official
capacity
(c) He entered into an agreement with
any interested party or speculator or
made use of any other scheme with
regard to:
(a) Furnishing supplies
(b) The making of contracts
(c) The adjustment or settlement of
accounts relating to public property
or funds
(d) Accused had intent to defraud the
Government.
Consummated by merely entering into
agreement with any interested party or
PAGE 232 OF 342
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speculator or by merely making use of other
scheme to defraud the government.
It is not necessary that the Government is
actually defrauded by the reason of the
transaction
Elements of Illegal Exactions (par.2.):
(a) That the offender is a public officer
entrusted with the collection of taxes,
licenses, fees and other imposts;
(b) He is guilty of the following acts or
omissions:
(1) Demanding directly or indirectly, the
payment of sums different from or
larger than those authorized by law;
(2) Failing voluntarily to issue a receipt
as provided by law, for any sum of
money collected by him officially; or
(3) Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or object of a
nature different from that provided
by law
This can only be committed principally by a
public officer whose official duty is to collect
taxes, license fees, import duties and other
dues payable to the government.
Mere demand of a larger or different amount
is sufficient to consummate the crime. The
essence is the improper collection (damage
to government is not required).
The act of receiving payment due the
government without issuing a receipt will give
rise to illegal exaction even though a
provisional receipt has been issued. What the
law requires is a receipt in the form
prescribed by law, which means official
receipt.
If sums are received without demanding the
same, a felony under this article is not
committed. However, if the sum is given as a
sort of gift or gratification, the crime is
indirect bribery.
When there is deceit in demanding a greater
fee than those prescribed by law, the crime
committed is estafa and not illegal exaction.
Illegal exaction may be complexed with
malversation if illegal exaction was
UP LAW BOC
committed as a necessary means to commit
malversation.
Officers and employees of the BIR or Customs
are not covered by the article. The NIRC or
the Revised Administrative Code is the
applicable law.
ARTICLE 214 - OTHER FRAUDS
Elements:
(a) Offender is a public officer;
(b) He takes advantage of his official
position;
(c) He commits any of the frauds or
deceits enumerated in Article 315 to
318 (estafa, other forms of swindling,
swindling a minor, other deceits).
Additional penalty of temporary special
disqualification in its maximum period to
perpetual special disqualification, apart from
the penalties imposed in Arts 315-318.
ART. 215: PROHIBITED TRANSACTIONS
Elements:
(a) Offender is an appointive public
officer;
(b) He becomes interested, directly or
indirectly, in any transaction of
exchange or speculation;
(c) The transaction takes place within
the territory subject to his jurisdiction;
(d) He becomes interested in the
transaction during his incumbency.
Examples of transactions of exchange or
speculation are: buying and selling stocks,
commodities, land etc wherein one hopes to
take advantage of an expected rise or fall in
price.
Purchasing of stocks or shares in a company
is simple investment and not a violation of
the article. However, regularly buying
securities for resale is speculation.
The offender may also be held liable under
RA 3019 Sec 3(i).
PAGE 233 OF 342
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ARTICLE 216 - POSSESSION OF
PROHIBITED INTEREST BY A PUBLIC
OFFICER
Persons liable:
1. Public officer who, directly or indirectly,
became interested in any contract or
business in which it was his official duty
to intervene;
2. Experts, arbitrators, and private
accountants who, in like manner, took
part in any contract or transaction
connected with the estate or property in
the appraisal, distribution or
adjudication of which they had acted;
3. Guardians and executors with respect to
the property belonging to their wards or
the estate.
Fraud is not necessary. Intervention must be
by virtue of the public office held.
The basis here is the possibility that fraud
may be committed or that the officer may
place his own interest above that of the
government or party he represents.
CHAPTER IV: MALVERSATION OF
PUBLIC FUNDS OR PROPERTY
ARTICLE 217 - MALVERSATION OF PUBLIC
FUNDS OR PROPERTY - PRESUMPTION OF
MALVERSATION
Modes:
(a) Appropriating public funds or
property;
(b) Taking or misappropriating the same;
(c) Consenting, or through
abandonment or negligence,
permitting any other person to take
such public funds or property; and
(d) Being otherwise guilty of the
misappropriation or malversation of
such funds or property.
Elements com mon to all modes:
1. Offender is a public officer;
2. He had the custody or control of funds or
property by reason of the duties of his
office;
3. Those funds or property were public
funds or property for which he was
accountable;
UP LAW BOC CRIMINAL LAW 2
4. He appropriated, took, misappropriated
or consented or, through abandonment
or negligence, permitted another person
to take them.
Malversation is also called embezzlement.
Appropriation - Every attempt to dispose of
public funds or property without a right to do
so.
The public officer must have official custody
or the duty to collect or receive funds due the
government, or the obligation to account for
them, because this provision presupposes
abuse of office.
The nature of the duties of the public officer,
not the name of the office, is controlling.
Thus, a clerk who receives money or property
belonging to the government, in the course of
his employment, for which he is bound to
account, may be liable under Article 217.
If the public officer is not accountable for the
funds or property but someone else is, the
crime committed is theft or qualified theft if
there is an abuse of confidence.
It is not necessary that the offender profited
for as long as the accountable officer was
remiss in his duty of safekeeping public funds
or property. He is liable for malversation if
such funds were lost or otherwise
misappropriated by another.
Negligence - the omission of reasonable
care and caution which an ordinary prudent
person would have used in the same situation.
The measure of negligence is the standard of
care commensurate with the occasion.
It can be committed either with malice or
through negligence or imprudence. This is
one crime in the Revised Penal Code where
the penalty is the same whether committed
with dolo or through culpa.
The funds or property must be received in an
official capacity. Otherwise, the crime
committed is estafa.
Returning the malversed funds is not
exempting, it is only mitigating.
PAGE 234 OF 342
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A person whose negligence made possible
the commission of malversation by another
can be held liable as a principal by
indispensable cooperation.
Demand as well as damage to the
government are not necessary elements.
Demand merely raises a prima facie
presumption that missing funds have been
put to personal use. Damage to the
government is immaterial because the
penalty is based on the amount involved.
An accountable public officer may be
convicted of malversation even in the
absence of direct evidence of personal
misappropriation, where he has not been
able to explain satisfactorily the absence of
the public funds involved [Estepa v.
Sandiganbayan}
A private person may also commit
malversation under the following situations:
(i) Conspiracy with a public officer in
committing malversation;
(ii) When he has become an accomplice or
accessory to a public officer who
commits malversation;
(iii) When the private person is made the
custodian in whatever capacity of
public funds or property, whether
belonging to national or local
government, and he misappropriates
the same (Article 222);
(iv) When he is constituted as the
depositary or administrator of funds or
property seized or attached by public
authority even though said funds or
property belong to a private individual
(Article 222).
Technical malversation (Article 220) is not
included in the crime of malversation.
Presumption of misappropriation
When a demand is made upon an
accountable officer and he cannot produce
the fund or property involved, there is a prima
facie presumption that he had converted the
same to his own use. There must be
indubitable proof that thing unaccounted for
exists.
Audit should be made to determine if there
was shortage. Audit must be complete and
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

trustworthy. If there is doubt, presumption Art 217 no longer requires proof by the State
does not arise. that the accused actually appropriated, took,
or misappropriated public funds or property;
The accused incurred shortage (P1.74) mainly instead, a presumption, though disputable
because the auditor disallowed certain cash and rebuttable, was installed upon demand
advances the accused granted to employees. by any duly authorized officer, the failure of a
But on the same date that the audit was public officer to have duly forthcoming any
made, the partly reimbursed the amount and public funds or property which said officer is
paid it in full three days later. accountable for should be prima facie
evidence that he had put such missing funds
The Supreme Court considered the or properties to personal use. [People v. Wa-
circumstances as negative of criminal intent. Acon (2006)]
The cash advances were made in good faith
and out of good will to co-employees which ARTICLE 218 - FAILURE OF ACCOUNTABLE
was a practice tolerated in the office. There OFFICER TO RENDER ACCOUNTS
was no negligence, malice, nor intent to
defraud. [Quizo v. Sandiganbayan] Elements:
(a) Offender is public officer, whether in the
Estafa with service or separated therefrom by
Malversation Abuse of resignation or any other cause;
(Art. 217) Confidence (Art. (b) He is an accountable officer for public
315) funds or property;
(c) He is required by law or regulation to
Funds or property usually Funds/property
render account to the Commission on
public are always
Audit, or to a provincial auditor;
private
(d) He fails to do so for a period of two
Offender is usually a public Offender is a months after such accounts should be
officer who is accountable private rendered/
for the public individual or
funds/property even a public Demand for accounting is not necessary. It is
officer who is not also not essential that there be
accountable for misappropriation because if present, the
public crime would be malversation.
funds/property
Crime is committed by Crime is ARTICLE 219 - FAILURE OF A RESPONSIBLE
appropriating, taking, or committed by PUBLIC OFFICER TO RENDER ACCOUNTS
misappropriating/consenti misappropriatin BEFORE LEAVING THE COUNTRY
ng or through g, converting, or
abandonment or denying having Elements:
negligence, permitting any received money, (a) Offender is a public officer;
other person to take the goods or other (b) He is an accountable officer for public
public funds/property personal funds or property;
property (c) He unlawfully leaves or attempts to
leave the Philippine Islands without
No element of damage. There is securing a certificate from the
damage. Commission on Audit showing that
Demand not necessary. There is a need his accounts have been finally settled.
for prior
demand. The act of leaving the country must be
A routine government audit was conducted in unauthorized or not permitted by law.
Wa-Acon’s office and it was discovered that
the sacks of rice entrusted to him for The purpose of the law is to discourage
safekeeping were missing. responsible or accountable officers from
leaving without first liquidating their

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accountability. It is not necessary that they 2. Refusing to make delivery by a public

really misappropriated public funds. officer who has been ordered by
competent authority to deliver any
ARTICLE 220 - ILLEGAL USE OF PUBLIC property in his custody or under his
FUNDS OR PROPERTY administration.

Elements: Elements:
1. Offender is a public officer; (a) Public officer has government funds
2. There are public funds or in his possession;
property under his (b) He is under obligation to either:
administration; (a) make payment from such funds;
3. Such fund or property were (b) to deliver any property in his
appropriated by law or custody or under his
ordinance; administration
4. He applies such public fund (c) He maliciously fails to make the
or property to any public use payment or refuses to make delivery.
other than for which it was
appropriated for. ARTICLE 222 - OFFICERS INCLUDED IN THE
PRECEDING PROVISIONS
Illegal use of public funds or property is also
known as technical malversation. The term (1) Private individual who, in any
technical malversation is used because in this capacity, have charge of any national,
crime, the fund or property involved is already provincial or municipal funds,
appropriated or earmarked for a certain revenue, or property
public purpose. Despite the public purpose, (2) Administrator or depositary of funds
the act is punished because it remains a or property that has been attached,
violation of the appropriations law. seized or deposited by public
authority, even if owned by a private
Regardless of damage or embarrassment to individual.
the public service.
Sheriffs and receivers fall under the term
Technical “administrator.” A judicial administrator in
Malversation charge of settling the estate of the deceased
malversation (Art.
(Art. 217) is not covered by the article. Conversion of
220)
effects in his trust makes him liable for estafa.
The offender The public officer
misappropriates applies the public
Private property is included, provided it is (1)
public funds or funds or property
attached, (2) seized or (3) deposited by public
property for his own under his
authority.
personal use, or allows administration to
any other person to another public use
take such funds or different from that for CHAPTER V: INFIDELITY OF PUBLIC
property for the which the public fund OFFICERS
latter’s own personal was appropriated by
use. law or ordinance. SECTION ONE - INFIDELITY IN THE
CUSTODY OF PRISONERS
ARTICLE 221 - FAILURE TO MAKE
DELIVERY OF PUBLIC FUNDS OR ARTICLE 223 - CONNIVING WITH OR
PROPERTY CONSENTING TO EVASION

Modes Elements:
1. Failing to make payment by a public (1) Offender is a public officer;
officer who is under obligation to make (2) He had in his custody or charge a
such payment from government funds in prisoner, either detention prisoner or
his possession; prisoner by final judgment;
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UP LAW BOC
(3) Such prisoner escaped from his
custody;
(4) He was in connivance with the
prisoner in the latter’s escape. (“shall
consent to the escape”)
Classes of prisoners involved
(a) Those who have been sentenced by
final judgment to any penalty;
(b) Detention prisoners who are
temporarily held in legal custody,
arrested for and charged with
violation of some law or municipal
ordinance.
Leniency, laxity, and release of a detention
prisoner who could not be delivered to
judicial authorities within the time fixed by
law is not infidelity in the custody of a
prisoner.
But there is real actual evasion of service of a
sentence when the custodian permits the
prisoner to obtain a relaxation in his
imprisonment and to escape the punishment
of being deprived of his liberty, thus making
the penalty ineffectual, although the convict
may not have fled. This includes allowing
prisoners to sleep and eat in the officer’s
house or utilizes the prisoner’s services for
domestic chores.
ARTICLE 224 - EVASION THROUGH
NEGLIGENCE
Elements:
(1) Offender is a public officer;
(2) He is charged with the conveyance or
custody of a detention prisoner or
prisoner by final judgment;
(3) Such prisoner escapes through
negligence
This covers only positive carelessness and
definite laxity which amounts to deliberate
non-performance of duties.
The fact that the public officer recaptured the
prisoner who had escaped from his custody
does not afford complete exculpation.
The liability of an escaping prisoner:
(a) If he is a prisoner by final judgment,
he is liable for evasion of service (Art.
157)
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CRIMINAL LAW 2 CRIMINAL LAW
(b) If he is a detention prisoner, he does
not incur criminal liability (unless
cooperating with the offender).
Policeman Rodillas escorted detained
prisoner Sacris to the court. After the court
adjourned he let her eat lunch with her family,
permitted her to go to the ladies washroom
unescorted and after her escape, did not
report it immediately to his superiors, instead
he went around looking for her.
SC held that he is guilty of the crime in Art
224 for being negligent in the performance of
his duties which made the escape of Sacris
possible. [Rodillas v. Sandiganbayan (1988)]
ARTICLE 225 - ESCAPE OF PRISONER
UNDER THE CUSTODY OF A PERSON NOT
A PUBLIC OFFICER
Elements:
(a) Offender is a private person;
(b) The conveyance or custody of a prisoner
or person under arrest is confided to him;
(c) The prisoner or person under arrest
escapes;
(d) Offender consents to the escape, or that
the escape takes place through his
negligence.
If the offender who aided or consented to the
prisoner’s escaping from confinement,
whether the prisoner is a convict or a
detention prisoner, is not the custodian, the
crime is delivering prisoners from jail under
Article 156.
The party who is not the custodian but who
conspired with the custodian in allowing the
prisoner to escape does not commit infidelity
in the custody of the prisoner.
Art. 225 is not applicable if a private person
was the one who made the arrest and he
consented to the escape of the person he
arrested.
SECTION TWO - INFIDELITY IN THE
CUSTODY OF DOCUMENTS
ARTICLE 226 - REMOVAL, CONCEALMENT,
OR DESTRUCTION OF DOCUMENTS
Elements:
(a) Offender is a public officer;
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

(b) He abstracts, destroys or conceals a

document or papers; In "breaking of seal", the word "breaking"
(c) Said document or papers should have should not be given a literal meaning. The
been entrusted to such public officer by custodian is liable even if the seal was not
reason of his office; actually broken because the custodian
(d) Damage, whether serious or not, to a managed to open the parcel without breaking
third party or to the public interest has the seal.
been caused.
The element of damage is not required.
Can only be committed by the public officer
who is made the custodian of the document Revelation Of Secrets Removal,
in his official capacity. If the offender is a By An Officer Concealment or
private individual, estafa is committed; if (Art. 229) Destruction of
there is no damage, malicious mischief. Documents (Art.
226)
If the officer was placed in possession of the
The papers contain The papers do not
document but it is not his duty to be the
secrets and therefore contain secrets
custodian thereof, this crime is not
should not be published, but their removal
committed.
and the public officer is for an illicit
having charge thereof purpose.
The document must be complete and one by
removes and delivers
which a right could be established or an
them wrongfully to a
obligation could be extinguished.
third person.
If the writings are mere forms, there is no
crime. ARTICLE 228 - OPENING OF CLOSED
DOCUMENTS
Damage to public interest is necessary.
However, material damage is not necessary. Elements:
(a) Offender is a public officer;
Removal is consummated upon taking or (b) Any closed papers, documents, or
secreting away of the document from its objects are entrusted to his custody;
usual place. It is immaterial whether or not (c) He opens or permits to be opened
the illicit purpose of the offender has been said closed papers, documents or
accomplished. objects;
(d) He does not have proper authority.
This could cover failure on the part of the post
office to forward the letters to their The act should not fall under Art 227.
destination. Damage is also not necessary.

Damage in this article may consist in mere
alarm to the public or in the alienation of its
confidence in any branch of the government
service.
ARTICLE 227 - OFFICER BREAKING SEAL
ARTICLE 229 - REVELATION OF SECRETS
BY AN OFFICER
Mode 1.
Revealing any secrets known to the offending
public officer by reason of his official capacity;

Elements: Elements:
(1) Offender is a public officer; 1. Offender is a public officer;
(2) He is charged with the custody of 2. He knows of a secret by
papers or property; reason of his official capacity;
(3) These papers or property are sealed 3. He reveals such secret
by proper authority; without authority or
(4) He breaks the seal or permits them to justifiable reasons;
be broken.
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4. Damage, great or small, is Revelation to one person is sufficient.

caused to the public interest.
When the offender is a public attorney or a
Mode 2. solicitor, the act of revealing the secret
Wrongfully delivering papers or copies of should not be covered by Art 209 (Betrayal of
papers of which he may have charge and Trust).
which should not be published.
Damage to private individual is not necessary.
Elements:
(1) Offender is a public officer; The reason for this provision is to uphold faith
(2) He has charge of papers; and trust in public service.
(3) Those papers should not be
published; CHAPTER VI: OTHER OFFENSES OR
(4) He delivers those papers or copies IRREGULARITIES BY PUBLIC
thereof to a third person;
(5) The delivery is wrongful;
OFFICERS
(6) Damage is caused to public interest.
SECTION ONE - DISOBEDIENCE,
REFUSAL OF ASSISTANCE, AND
Espionage is not contemplated in this article
MALTREATMENT OF PRISONERS
since revelation of secrets of the State to a
belligerent nation is already defined in Art 117
ARTICLE 231 - OPEN DISOBEDIENCE
and CA 616.
Elements:
(1) Officer is a judicial or executive
Secrets must affect public interest. Secrets of
officer;
private persons are not included.
(2) There is a judgment, decision or order
of a superior authority;
“Charge” - means custody or control. If he is
(3) Such judgment, decision or order was
merely entrusted with the papers and not
made within the scope of the
with the custody thereof, he is not liable
jurisdiction of the superior authority
under this article.
and issued with all the legal
formalities;
If the papers contain secrets which should not
(4) He, without any legal justification,
be published, and the public officer having
openly refuses to execute the said
charge thereof removes and delivers them
judgment, decision or order, which he
wrongfully to a third person, the crime is
is duty bound to obey.
revelation of secrets.
ARTICLE 232 - DISOBEDIENCE TO THE
On the other hand, if the papers do not
ORDER OF SUPERIOR OFFICER WHEN
contain secrets, their removal for an illicit
SAID ORDER WAS SUSPENDED BY
purpose is infidelity in the custody of
INFERIOR OFFICER
documents.
Elements:
Damage is essential to the act committed.
(a) Offender is a public officer;
(b) An order is issued by his superior for
ARTICLE 230 - PUBLIC OFFICERS
execution;
REVEALING SECRETS OF PRIVATE
(c) He has for any reason suspended the
INDIVIDUALS
execution of such order;
(d) His superior disapproves the suspension
Elements:
of the execution of the order;
(a) Offender is a public officer;
(e) Offender disobeys his superior despite
(b) He knows of the secrets of a private
the disapproval of the suspension.
individual by reason of his office;
(c) He reveals such secrets without
This does not apply if the order of the
authority or justifiable reason.
superior is illegal.
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ARTICLE 233 - REFUSAL OF ASSISTANCE
Elements:
(1) Offender is a public officer;
(2) A competent authority demands from
the offender that he lend his
cooperation towards the
administration of justice or other
public service;
(3) Offender maliciously fails to do so.
The request must come from one public
officer to another. If he receives consideration
therefore, bribery is committed.
But mere demand will fall under the
prohibition under the provision of Republic
Act No. 3019 (Anti-Graft and Corrupt
Practices Act).
Applies whether or not serious damage to the
public interest was committed.
If the offender is a private individual, he may
be held liable for contempt.
ARTICLE 234 - REFUSAL TO DISCHARGE
ELECTIVE OFFICE
Elements:
(a) Offender is elected by popular election to
a public office;
(b) He refuses to be sworn in or to discharge
the duties of said office;
(c) There is no legal motive for such refusal
to be sworn in or to discharge the duties
of said office.
Once an individual is elected to an office by
the will of the people, discharge of duties
becomes a matter of duty, not only a right.
This only applies for elective, not appointive
officers.
ARTICLE 235 - MALTREATMENT OF
PRISONERS
Elements:
(a) Offender is a public officer or employee;
(b) He has under his charge a prisoner or
detention prisoner;
(c) He maltreats such prisoner in either of
the following manners:
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CRIMINAL LAW
(a) By overdoing himself in the
correction or handling of a prisoner
or detention prisoner under his
charge either
(a) By the imposition of
punishment not authorized by
the regulations;
(b) By inflicting such punishments
(those authorized) in a cruel
and humiliating manner;
(b) By maltreating such prisoners to
extort a confession or to obtain
some information from the prisoner.
This is committed only by such public officer
charged with direct custody of the prisoner.
Offender may also be held liable for physical
injuries or damage caused.
If the public officer is not the custodian of the
prisoner, and he manhandles the latter, the
crime is physical injuries.
The offended party can either be a convict by
final judgment or a detention prisoner. To be
considered a detention prisoner, the person
arrested must be placed in jail even for just a
short while.
The maltreatment does not really require
physical injuries. Any kind of punishment not
authorized or although authorized if executed
in excess of the prescribed degree is covered.
If the maltreatment was done in order to
extort confession, the penalty is qualified to
the next higher degree.
If the acts of maltreatment constitute torture,
there is a separate criminal liability from the
crime under the RPC. Torturous acts are not
absorbed in, nor do they absorb other crimes.
(Section 15, RA 9745)
RA 9372: HUMAN SECURITY ACT
Failure to Deliver Suspect to the
Proper Judicial Authority within Three
Days (Section 20):
(1) The offender is a police or law
enforcement personnel who has
apprehended or arrested, detained and
taken custody of a person;
(2) The person detained is charged with or
suspected of the crime of terrorism or
conspiracy to commit terrorism;
UP LAW BOC CRIMINAL LAW 2
(3) The offender fails to deliver such
charged or suspected person to the
proper judicial authority within the
period of 3 days.
Exception (Section 19):
In the event of an actual or imminent terrorist
attack, suspects may be detained for more
than 3 days upon the written approval of:
(a) Municipal, city, provincial or regional
official of the Human Rights
Commission;
(b) Judge of the MTC, RTC, or
Sandiganbayan; or
(c) Justice of the CA nearest the place of
arrest.
The written approval must be procured within
5 days after the date of detention.
Provided that within 3 days after detention,
suspects whose connection with the terror
attack or threat is not established, shall be
released immediately.
If the arrest is made during Saturdays,
Sundays, holidays or after office hours, the
arresting police or law enforcement
personnel shall bring the person thus
arrested to the residence of any of the
officials mentioned above that is nearest the
place where the accused was arrested
Infidelity in the Custody of Detained
Persons (Section 44):
(a) The offender is any public officer who
has direct custody of a detained
person liable under the provisions of
this Act;
(b) The offender causes or allows the
escape of such detained person by his
deliberate act, misconduct, or
inexcusable negligence;
The offender shall suffer the penalty of:
(a) 12 years and 1 day to 20 years of
imprisonment, if the detained person
has already been convicted and
sentenced in a final judgment of a
competent court;
(b) 6 years and 1 day to 12 years of
imprisonment, if the detained person
has not been convicted and sentenced
in a final judgment of a competent
court.
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CRIMINAL LAW
The public officer is punished under the
Human Security Act and not under infidelity
in the custody of prisoners in the RPC
(Articles 223-224), if the detained person is
charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism.
False Prosecution (Section 50):
Upon acquittal, any person who is accused of
terrorism shall be entitled to the payment of
damages in the amount of P500,000 for
every day that he/she has been detained or
deprived of liberty or arrested without a
warrant as a result of such an accusation.
The amount of damages shall be
automatically charged against the
appropriations of the police agency or the
Anti-Terrorism Council that brought or
sanctioned the filing of the charges against
the accused. It shall also be released within
15 days from the date of the acquittal of the
accused.
The award of damages mentioned above
shall be without prejudice to the right of the
acquitted accused to file criminal or
administrative charges against those
responsible for charging him with the case of
terrorism.
Any officer, employee, personnel, or person
who delays the release or refuses to release
the amounts awarded to the individual
acquitted of the crime of terrorism as directed
in the paragraph immediately preceding shall
suffer the penalty of 6 months of
imprisonment.
SECTION TWO - ANTICIPATION,
PROLONGATION, AND ABANDONMENT OF
THE DUTIES AND POWERS OF PUBLIC
OFFICE
ARTICLE 236 - ANTICIPATION OF DUTIES
OF A PUBLIC OFFICER
Elements:
(a) Offender is entitled to hold a public
office or employment, either by election
or appointment;
(b) The law requires that he should first be
sworn in and/or should first give a bond;
(c) He assumes the performance of the
duties and powers of such office;
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

(d) He has not taken his oath of office SECTION THREE - USURPATION OF
and/or given the bond required by law. POWERS AND UNLAWFUL
APPOINTMENTS
ARTICLE 237 - PROLONGING
PERFORMANCE OF DUTIES AND POWERS
ARTICLE 239 - USURPATION OF
Elements: LEGISLATIVE POWERS
(a) Offender is holding a public office;
(b) The period provided by law, Elements:
regulations or special provision for (a) Offender is an executive or judicial
holding such office, has already officer;
expired; (b) He:
(c) He continues to exercise the duties (1) makes general rules or regulations
and powers of such office. beyond the scope of his authority; or
The offenders here can be those suspended, (2) attempts to repeal a law; or
separated, declared over-aged, or dismissed. (3) suspends the execution thereof.

ARTICLE 238 - ABANDONMENT OF OFFICE Arts 239-241 punish interference by public

OR POSITION
Elements:
(a) Offender is a public officer;
(b) He formally resigns from his position;
(c) His resignation has not yet been
accepted;
(d) He abandons his office to the detriment
of the public service.
For the resignation to be formal, it has to be
in written form.
The offense is qualified when the purpose of
the abandonment is to evade the discharge of
duties of preventing, prosecuting, or
punishing any of the crimes falling within
Title One and Chapter One of Title Three of
book two of the RPC.
officers of the executive or judiciary with the
functions of another department of
government to keep them within legitimate
confines of their respective jurisdictions.
Legislative officers are not liable for
usurpation of powers. The remedy is to file a
petition for prohibition or injunction.
ARTICLE 240 - USURPATION OF
EXECUTIVE FUNCTIONS
Elements:
1. Offender is a judge;
2. That he:
(a) assumes a power pertaining to the
executive authorities, or
(b) obstructs the executive authorities in the
lawful exercise of their powers.

Abandonment of Legislative officers are not liable for

Dereliction of Duty usurpation of powers
Office or Position
(Art. 208)
(Art. 238)
ARTICLE 241 - USURPATION OF JUDICIAL
Committed by any Committed only by
FUNCTIONS
public officer public officers who
have the duty to
Elements:
institute prosecution
(1) Offender is an officer of the executive
for the punishment of
branch of the government;
violations of the law
(2) That he:
There is actual Public officer does not (1) assumes judicial powers, or
abandonment abandon his office but (2) obstructs the execution of any
through resignation merely fails to order or decision rendered by any
to evade the prosecute a violation of judge within his jurisdiction.
discharge of duties the law.

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ARTICLE 242 - DISOBEYING REQUEST FOR
DISQUALIFICATION
Elements:
(a) Offender is a public officer;
(b) A proceeding is pending before such
public officer;
(c) There is a question brought before the
proper authority regarding his jurisdiction,
which is not yet decided;
(d) He has been lawfully required to refrain
from continuing the proceeding;
(e) He continues the proceeding.
The disobedient officer is liable even if the
jurisdictional question is resolved in his favor.
ARTICLE 243 - ORDERS OR REQUEST BY
EXECUTIVE OFFICER TO ANY JUDICIAL
AUTHORITY
Elements:
(a) Offender is an executive officer;
(b) He addresses any order or suggestion to
any judicial authority;
(c) The order or suggestion relates to any
case or business coming within the
exclusive jurisdiction of the courts of
justice.
The purpose is to maintain the independence
of the judiciary from executive dictations.
ARTICLE 244 - UNLAWFUL
APPOINTMENTS
Elements:
(a) Offender is a public officer;
(b) He nominates or appoints a person to
a public office;
(c) Such person lacks the legal
qualifications therefore;
(d) Offender knows that his nominee or
appointee lacks the qualification at
the time he made the nomination or
appointment.
This can also be covered by RA 3019.
Recommending, knowing that the person
recommended is not qualified is not a crime.
There must be a law providing for the
qualifications of a person to be nominated or
appointed to a public office.
PAGE 243 OF 342
CRIMINAL LAW
ARTICLE 245 - ABUSES AGAINST CHASTITY
Modes:
(a) Soliciting or making immoral or indecent
advances to a woman interested in
matters pending before the offending
officer for decision, or with respect to
which he is required to submit a report to
or consult with a superior officer;
(b) Soliciting or making immoral or indecent
advances to a woman under the
offender’s custody;
(c) Soliciting or making immoral or indecent
advances to the wife, daughter, sister or
relative within the same degree by
affinity of any person in the custody of
the offending warden or officer.
Elements:
(a) Offender is a public officer;
(b) He solicits or makes immoral or indecent
advances to a woman;
(c) Such woman is –
1. 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
2. under the custody of the offender
who is a warden or other public
officer directly charged with the
care and custody of prisoners or
persons under arrest; or
3. the wife, daughter, sister or
relative within the same degree
by affinity of the person in the
custody of the offender.
The crime is consummated by mere proposal.
The mother of the person in the custody of
the public officer is not included. If the
offender were not the custodian, then crime
would fall under Republic Act No. 3019.
Solicit: means to propose earnestly and
persistently something unchaste and
immoral to a woman. The advances must be
immoral or indecent. Proof of solicitation is
not necessary when there is sexual
intercourse.
Abuse against chastity is not absorbed in
rape because the basis of penalizing the acts
is different from each other
UP LAW BOC CRIMINAL LAW 2
Title VIII. Crimes
against Persons
CHAPTER I: DESTRUCTION OF LIFE
(a) Article 246 – Parricide
(b) Article 247 - Death or Physical Injuries
Under Exceptional Circumstances
(c) Article 248 – Murder
(d) Article 249 – Homicide
(e) Article 250 - Penalty for Frustrated
Parricide, Murder or Homicide
(f) Article 251 - Death Caused in
Tumultuous Affray
(g) Article 252 - Physical Injuries Caused in
Tumultuous Affray
(h) Article 253 - Giving Assistance to
Suicide
(i) Article 254 - Discharge of Firearms
(j) Article 255 – Infanticide
(k) Article 256 - Intentional Abortion
(l) Article 257 - Unintentional Abortion
(m) Article 258 - Abortion Practiced by the
Woman Herself or by Parents
(n) Article 259 - Abortion by a Physician or
Midwife and Dispensing of Abortives
(o) Article 260 - Responsibility of
Participants in a Duel
(p) Article 261 - Challenging to a Duel
CHAPTER II: PHYSICAL INJURIES
1. Article 262 – Mutilation
2. Article 263 - Serious Physical Injuries
3. Article 264 - Administering Injurious
Substances or Beverages
4. Article 265 - Less Serious Physical
Injuries
5. Article 266 - Slight Physical Injuries
and Maltreatment
6. Article 266-A - Rape (amended by RA
8353)
About this Title: The essence of crimes
involves the taking of human life, destruction
of the fetus, or inflicting injuries.
CHAPTER I DESTRUCTION OF LIFE
ARTICLE 246 - PARRICIDE
Elements:
(a) Person is killed;
(b) Deceased is killed by the accused;
(c) Deceased is the accused's
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CRIMINAL LAW
1. legitimate/illegitimate father
2. legitimate/illegitimate
mother
3. legitimate/illegitimate child
(should not be less than 3
days old, otherwise crime is
infanticide)
4. other legitimate ascendant
5. other legitimate descendant
6. legitimate spouse
RELATIONSHIP
(a) This is the essential element of this crime
– relationship of offender with the victim;
except for spouses, only relatives by
blood and in direct line. Hence, adopted
children are not included. [Reyes]
(b) It must be alleged in the information.
Wife of victim cannot be convicted of
parricide if charged only with murder.
However, relationship must be
considered aggravating even if not
alleged. [People v. Jumawan]
(c) Spouse must be legitimate. Muslim
husbands with several wives can be
convicted of parricide only in case the
first wife is killed. [People v. Subano]
(d) A stranger who cooperates and takes
part in the commission of the crime of
parricide is not guilty of parricide but
only homicide or murder, as the case
may be. [People v. Patricio; People v.
Echaluce]
(e) The law does not require knowledge of
relationship between offender and victim.
[Reyes]
Parricide when the penalty shall not be
reclusion perpetua to death:
(1) Reckless or simple imprudence [Art. 365]
(2) Parricide by mistake [Art. 49]
(3) Parricide under exceptional
circumstances [Art. 247]
ARTICLE 247 - DEATH OR PHYSICAL
INJURIES UNDER EXCEPTIONAL
CIRCUMSTANCES
Elements:
(a) A legally married person, or a parent,
surprises his spouse or his daughter,
the latter under 18 years of age and
living with him in the act of sexual
intercourse with another person;
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(b) He or she kills any or both of them, or
inflicts upon any or both of them any
serious physical injury in the act or
immediately thereafter;
(c) 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.
NOT A FELONY
(a) This article does not define a felony,
rather it serves as a defense for a person
charged with parricide, homicide or
serious physical injuries. If all the
requisites have been met, the defendant
will be sentenced to destierro instead of
the severe penalty for the
aforementioned crimes. If less serious or
slight physical injuries are inflicted, there
is no criminal liability. [Reyes]
SPOUSE
(b) The wife is also entitled to the benefits of
this article. The phrase “any legally
married person” and the word “spouse”
include the wife.
(c) Does not apply if the accused is a
common-law spouse.
PARENTS
(d) Parents need not be legitimate.
(e) “Living with parent(s)” - understood
to be in their own dwelling. If done in a
motel, article does not apply.
SURPRISE
(f) means “to come upon suddenly and
unexpectedly.”
(g) If the accused did not surprise the
supposed offenders in the very act of
committing adultery but thereafter, he
cannot invoke the privilege of Art. 247.
[People v. Gonzales] Justice Laurel’s
Dissent: Must the offended husband
look on in the meantime and wait until
the very physical act of coition take
place? This interpretation is far from
being rational and certainly does
violence to the reason and purpose of
the law.
IMMEDIATELY THEREAFTER
(h) There is no set time as jurisprudence has
held 1 hour or even 4 hours as
“immediately thereafter”. However, the
act done must be a direct result of the
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outrage of the cuckolded spouse, and a
continuous act from the moment of the
surprising.
ARTICLE DOES NOT APPLY:
(1) If the surprising took place before any
actual sexual intercourse could be
done.
(2) If the daughter is married. Although
the article does not use the word
“unmarried,” this article applies only
when the daughter is single because
while under 18 and single, she is still
under parental authority. If she is
married, her husband alone can claim
the benefits of this article.
Evidence of the victim’s promiscuity is
inconsequential to the killing. The
offender must prove that he actually
surprised his wife and [her paramour] in
flagrante delicto, and that he killed the
man during or immediately thereafter.
[People v. Puedan]
LIABILITY FOR PHYSICAL INJURIES
SUFFERED BY THIRD PERSONS
(i) In one case, two other persons suffered
physical injuries as they were caught in
the crossfire when the accused shot the
victim. A complex crime of double
frustrated murder was not committed as
the accused did not have the intent to
kill the two victims. Here, the accused
did not commit murder when he fired at
the paramour of his wife. No aberratio
ictus because he was acting lawfully.
Inflicting death under exceptional
circumstances is not murder. [People v.
Abarca]
ARTICLE 248 - MURDER
ELEM ENTS:
(a) Person was killed;
(b) Accused killed him;
(c) Killing attended by any of the following
qualifying circumstances
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;
2. in consideration of a price, reward or
promise;
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3. by means of inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
railroad, fall of an airship, by means
of motor vehicles, or with the use of
any other means involving great
waste and ruin;
4. on occasion of any of the calamities
enumerated in the preceding
paragraph, or of an earthquake,
eruption of a volcano, destructive
cyclone, epidemic, or any other
public calamity;
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.
7. The killing is not parricide or
infanticide.
Murder – The unlawful killing of any person
which is not parricide or infanticide with any
of the circumstance mentioned in Art. 248.
QUALIFYING CIRCUMSTANCES
(j) One attendant qualifying circumstance is
enough. If there are more than one
alleged in the information for murder,
only one will qualify the killing to murder
and the other circumstances will be
taken as generic aggravating
circumstance.
(k) Any of the qualifying circumstances
enumerated in Art. 248 must be alleged
in the information. When the other
circumstances are absorbed or included
in one qualifying circumstance, they
cannot be considered as generic
aggravating.
TREACHERY
(l) Treachery absorbs the aggravating
circumstance of abuse of superior
strength and aid of armed men. [People v.
Sespeñe]
(m) The essence of treachery is that the
offended party was denied the chance to
defend himself because of the means,
methods, or forms of attack deliberately
adopted by the offender were not merely
incidental to the killing.
(n) Killing of a person with treachery is
murder even if there was no intent to kill.
[People v. Cagoco (1933)]
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CRIMINAL LAW
(o) Killing of a child of tender age is
qualified by treachery. [People v. Valerio
(1988)]
INTENT TO KILL
(p) When the victim is already dead, intent
to kill becomes irrelevant. It is important
only if the victim did not die to determine
if the felony is physical injury or
attempted or frustrated homicide.
“Employing m eans or persons to
insure or afford im punity” – means are
employed by the accused to prevent his
being recognized or to secure himself
against detection and punishment
PRICE, REW ARD, OR PROMISE
(q) The person who received the price or
reward or who accepted a promise of
price or rewards and would not have
killed the victim were it not for that price,
reward, or promise is a principal by direct
participation.
(r) The person who gave the price or reward
or who made the promise is a principal
by induction.
FIRE
(s) When a person is killed by fire, the
primordial criminal intent of the offender
is considered. If the primordial criminal
intent of the offender is to kill and fire
was only used as a means to do so, the
crime is only murder. If the primordial
criminal intent of the offender is to
destroy property with the use of
pyrotechnics and incidentally, somebody
within the premises is killed, the crime is
arson with homicide, a single indivisible
crime penalized under Art. 326, which is
death as a consequence of arson.
(t) Intent to kill must be present for the use
of fire to be appreciated as a qualifying
circumstance. [People v. Pugay and
Samson]
POISON
(u) Treachery and evident premeditation are
inherent in murder by poison only if the
offender has the intent to kill the victim
by use of poison.
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EVIDENT PREM EDITATION
(v) Act of the offender manifestly indicating
that he clung to his determination to kill
his victim.
(w) It is absorbed in price, reward or promise,
if without the premeditation the inductor
would not have induced the other to
commit the act but not as regards the
one induced.
(x) The prosecution must prove (1) the time
when the offender determined
(conceived) to kill his victim; (2) an act of
the offender manifestly indicating that
he clung to his determination to kill his
victim; and (3) a sufficient lapse of time
between the determination and the
execution of the killing.
CRUELTY
(y) Under Article 14, the generic aggravating
circumstance of cruelty requires that the
victim be alive, when the cruel wounds
were inflicted and, therefore, there must
be evidence to that effect.
(z) Injuries or wounds, not necessary for the
killing of the victim, must be inflicted
deliberately by the offender.
(aa)Yet, in murder, aside from cruelty, any
act that would amount to scoffing or
decrying the corpse of the victim will
qualify the killing to murder.
Outraging – to commit an extremely
vicious or deeply insulting act
Scoffing – to jeer; implies a showing of
irreverence
ARTICLE 249 - HOMICIDE
Elements:
(1) Person was killed;
(2) Offender killed him without any
justifying circumstances;
(3) Offender had the intention to kill,
which is presumed;
(4) Killing was not attended by any of the
qualifying circumstances of murder, or
by that of parricide or infanticide
Corpus delicti – means the actual commission
of the crime charged
(1) In all crimes against persons in which the
death of the victim is an element of the
offense, there must be satisfactory
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evidence of (1) the fact of death and (2)
the identity of the victim
INTENT TO KILL
(2) Intent to kill is conclusively presumed
when death resulted. Evidence of intent
to kill is important only in attempted or
frustrated homicide.
(3) In attempted or frustrated homicide,
there is intent to kill. In physical injuries,
there is none. However, if as a result of
the physical injuries inflicted, the victim
died, the crime will be homicide because
the law presumes intent to kill and
punishes the result, and not the intent of
the act. The accused will, however, be
entitled to the mitigating circumstance
of lack of intent to commit so grave a
wrong.
No offense of frustrated homicide
through im prudence.
(4) The element of intent to kill in frustrated
homicide is incompatible with
negligence or imprudence. [People v.
Castillo (1999)]
OTHER NOTES:
(5) Physical injuries sufficient to cause death
are one of the essential elements of
frustrated homicide.
(6) In accidental homicide wherein death of
a person is brought about by a lawful act
performed with proper care and skill and
without homicidal intent, there is no
liability.
(7) Use of unlicensed firearm is an
aggravating circumstance in homicide.
ARTICLE 250 - PENALTY FOR
FRUSTRATED PARRICIDE, MURDER OR
HOMICIDE
Courts may impose a penalty:
(a) 2 degrees lower for frustrated
parricide, murder, or homicide
(b) 3 degrees lower for attempted
parricide, murder, or homicide.
For frustrated parricide, homicide or murder,
the courts, in view of the facts of the case,
may impose a penalty lower by one degree
than that imposed under Art. 50.
UP LAW BOC CRIMINAL LAW 2
Art. 50 provides that the penalty next lower
in degree than that prescribed by law for the
consummated felony shall be imposed upon
a principal in a frustrated felony. Thus, under
Art. 50, the court can impose a penalty of
TWO DEGREES LOWER for frustrated
parricide, murder, or homicide.
For attempted parricide, homicide, or murder,
the courts, in view of the facts of the case may
impose a penalty by one degree than that
imposed under Art. 51.
Art. 51 provides that the penalty lower by two
degrees than that prescribed by law for the
consummated felony shall be imposed upon
the principal in an attempted felony. Thus,
under Art. 250, the court can impose a
penalty of THREE DEGREES LOWER for
attempted parricide, murder, or homicide.
NOTE: Any attempt on, or conspiracy against,
the life of the Chief Executive of the
Philippines or that of any member of his
family, or against the life of any member of
his cabinet or that of any member of the
latter’s family, shall suffer the penalty of
death.
ARTICLE 251 - DEATH CAUSED IN
TUMULTUOUS AFFRAY
Elements:
(1) There are several persons;
(2) They do not compose groups organized
for the common purpose of assaulting
and attacking each other reciprocally;
(3) These several persons quarreled and
assaulted one another in a confused and
tumultuous manner;
(4) Someone was killed in the course of the
affray;
(5) It cannot be ascertained who actually
killed the deceased;
(6) The person or persons who inflicted
serious physical injuries or who used
violence can be identified.
Tumultuous affray – is a commotion in a
confused manner to an extent that it would
not be possible to identify who the killer is if
death results, or who inflicted the serious
physical injury, but the person or persons who
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used violence are known. It exists when at
least four persons took part [Reyes].
• The groups must not be organized to
mutually assault or fight each other,
otherwise the hostilities would not be
considered as a tumultuous affray.
[People v. Abiog (1920)]
W ho are liable?
(a) The person or persons who inflicted
the serious physical injuries
(b) If it is not known who inflicted the
serious physical injuries on the
deceased, all persons who used
violence upon the person of the
victim are liable.
If there is conspiracy, this crime is not
committed. The crime would be murder or
homicide.
The crimes committed might be disturbance
of public order, or if participants are armed, it
could be tumultuous disturbance, or if
property was destroyed, it could be malicious
mischief.
ARTICLE 252 - PHYSICAL INJURIES
CAUSED IN TUMULTUOUS AFFRAY
Elements:
• There is a tumultuous affray;
• A participant or some participants
thereof suffered serious physical
injuries or physical injuries of a less
serious nature only;
• The person responsible thereof cannot
be identified;
• All those who appear to have used
violence upon the person of the
offended party are known.
Unlike in Article 251, the injured party in this
article must be one or some of the
participants in the affray.
All those who appear to have used violence
shall suffer the penalty next lower in degree
than that provided for the serious physical
injuries inflicted. For less serious physical
injuries, the penalty is arresto mayor from five
to fifteen days.
UP LAW BOC CRIMINAL LAW 2
Physical injury should be serious or less
serious.
No crime of physical injuries resulting from a
tumultuous affray if the physical injury is only
slight because slight physical injury is
considered as inherent in a tumultuous affray.
ARTICLE 253 - GIVING ASSISTANCE TO
SUICIDE
Modes:
(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.
Giving assistance to suicide means giving
means (arms, poison, etc.) or whatever
manner of positive and direct cooperation
(intellectual aid, suggestions regarding the
mode of committing suicide, etc.).
If the person does the killing himself, the
penalty is similar to that of homicide, which is
reclusion temporal.
The relation of the offender to the person
committing suicide is not material. The law
does not distinguish. Hence, penalty would
be the same if the offender is the father,
mother or child.
There can be no qualifying circumstance
because the determination to die must come
from the victim.
The person attempting suicide is not liable.
Reason: He should be pitied, not punished.
A pregnant woman who tried to commit
suicide by means of poison, but instead of
dying, the fetus in her womb was expelled, is
not liable for abortion. In order to incur
criminal liability for the result not intended,
one must be committing a felony [Art. 4;
Reyes]. An attempt to commit
Euthanasia – commonly known as mercy-
killing; the practice of painlessly putting to
death a person suffering from some incurable
disease.
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CRIMINAL LAW
• This article does not contemplate
euthanasia where the crime is murder (if
without consent; with consent, covered
by Article 253). Euthanasia is not lending
assistance to suicide. In euthanasia, the
victim is not in a position to commit
suicide.
• A doctor who resorts to euthanasia of his
patient may be liable for murder. But if
the patient himself asks to be killed by
his doctor, this Article applies. [Reyes]
ARTICLE 254 - DISCHARGE OF FIREARMS
Elements:
(a) Offender discharges a firearm against or
at another person.
(b) Offender has no intention to kill that
person.
No crime if firearm is not discharged. It is
essential for prosecution to prove that the
discharge of firearm was directed precisely
against the offended party.
The crime is the discharge of firearm, even if
the gun was not pointed at the offended party
when it fired, as long as it was initially aimed
by the accused at or against the offended
party
If there is intention to kill, it may be classified
as attempted parricide, murder, or homicide.
No presumed intent to kill if the distance is
200 meters.
There is a special complex crime of illegal
discharge of firearm with serious or less
serious physical injuries.
ARTICLE 255 – INFANTICIDE
Elements:
(1) A child was killed by the accused;
(2) The deceased child was less than 3 days
old (72 hours).
Infanticide – the killing of any child less
than three days of age, whether the killer is
the parent or grandparent, any other relative
of the child, or a stranger.
UP LAW BOC CRIMINAL LAW 2
If the offender is the parent and the victim is
less than three days old, the crime is
infanticide and not parricide.
A stranger who cooperates in the
perpetration of infanticide committed by the
mother or grandparent on the mother’s side,
is liable for infanticide, but he must suffer the
penalty prescribed for murder.
It is necessary that the child be born alive and
viable (capable of independent existence).
[US v. Vedra (1908)] There is no infanticide
when the child was born dead, or although
born alive, it could not sustain an
independent life when it was killed.
Only the mother and maternal grandparents
of the child are entitled to the mitigating
circumstance of concealing the dishonor.
Concealment of dishonor is not an element of
infanticide, it merely lowers the penalty.
If the child is abandoned without any intent
to kill and death results as a consequence,
the crime committed is not infanticide but
abandonment under Article 276.
ARTICLE 256 - INTENTIONAL ABORTION
Elements:
(a) There is a pregnant woman;
(b) Violence is exerted, or drugs or
beverages administered, or that the
accused otherwise acts upon such
pregnant woman;
(c) As a result of the use of violence or drugs
or beverages upon her, or any other act
of the accused, the fetus dies, either in
the womb or after having been expelled
therefrom;
(d) The abortion is intended.
Abortion – the willful killing of the foetus in
the uterus or the violent expulsion of the
foetus from the maternal womb which results
in the death of the foetus. [Reyes citing
Guevarra]
Ways of committing intentional abortion
• Using any violence upon the person
of the pregnant woman;
• Acting, but without using violence,
without the consent of the woman.
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CRIMINAL LAW
(By administering drugs or beverages
upon such pregnant woman without
her consent.)
• Acting (by administering drugs or
beverages), with the consent of the
pregnant woman.
ABORTION vs. INFANTICIDE
Abortion Infanticide
Fetus could not Fetus could sustain an
sustain independent independent life after
life. No legal separation from the
viability. mother’s womb.
If the mother as a consequence of abortion
suffers death or physical injuries, there is a
complex crime of murder or physical injuries
and abortion.
In intentional abortion, the offender must
know of the pregnancy because the particular
criminal intent is to cause an abortion.
If the woman turns out not to be pregnant
and someone performs an abortion upon her,
he is liable for an impossible crime if the
woman suffers no physical injury.
If she dies or suffers injuries, the crime will be
homicide, serious physical injuries, etc.
FRUSTRATED ABORTION
(1) committed if the fetus that is expelled is
viable and, therefore, not dead as
abortion did not result despite the
employment of adequate and sufficient
means to make the pregnant woman
abort.
ARTICLE 257 - UNINTENTIONAL ABORTION
Elements:
(a) There is a pregnant woman;
(b) Violence is used upon such pregnant
woman without intending an
abortion;
(c) The violence is intentionally exerted;
(d) Result of violence – fetus dies, either
in the womb or expelled therefrom
Unintentional abortion requires physical
violence inflicted deliberately and voluntarily
by a third person upon the pregnant woman,
without intention to cause the abortion.
UP LAW BOC
If the pregnant woman was killed by violence
by her husband, the crime committed is the
complex crime of parricide with unintentional
abortion.
Unintentional abortion may be committed
through negligence as it is enough that the
use of violence be voluntary. In one case, the
accused was declared guilty of the crime of
unintentional abortion through reckless
imprudence for having bumped a calesa
which resulted in a pregnant woman
bumping her abdomen against the wall of the
calesa and eventually led to an abortion.
[People v. Jose]
If the act of violence is not felonious, that is,
act of self-defense, and there is no
knowledge of the woman’s pregnancy, there
is no liability.
Mere boxing of the stomach taken together
with the immediate strangling of the victim in
a fight, is not sufficient proof to show an
intent to cause abortion. [People v. Salufrania
(1988)]
For the crime of abortion, even unintentional,
to be held committed, the accused must have
known of the pregnancy. [People v. Carnaso]
ARTICLE 258 - ABORTION PRACTICED BY
THE WOMAN HERSELF OR BY PARENTS
Elements:
• There is a pregnant woman who has
suffered an abortion;
• Abortion is intended;
• Abortion is caused by –
(1) The pregnant woman herself;
(2) Any other person, with her consent;
or
(3) Any of her parents, with her consent
for the purpose of concealing her
dishonour.
If the purpose of abortion is to conceal
dishonor, mitigation applies only to pregnant
woman and not to parents of pregnant
woman, unlike in infanticide.
If the purpose of parents is not to conceal
dishonor, the crime is intentional abortion.
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CRIMINAL LAW 2 CRIMINAL LAW
ARTICLE 259 - ABORTION BY A PHYSICIAN
OR MIDWIFE AND DISPENSING OF
ABORTIVES
Elements:
(a) There is a pregnant woman who has
suffered an abortion;
(b) The abortion is intended;
(c) Offender, who must be a physician or
midwife, caused or assisted in causing
the abortion;
(d) Said physician or midwife took
advantage of his or her scientific
knowledge or skill.
The penalties provided for intentional
abortion shall be imposed in the maximum
period for physicians and midwives violating
this article. Reason: heavier guilt in making
use of their knowledge for the destruction of
human life, when it should be used only for
its preservation. [Reyes citing Albert]
If the abortion is produced by a physician to
save the life of the mother, there is no liability.
Elements (for pharmacists):
(1) The offender is a pharmacist;
(2) There is no proper prescription from a
physician;
(3) The offender dispenses any abortive.
Article punishes a pharmacist who merely
dispenses with an abortive without the proper
prescription of a physician.
It is not necessary that the pharmacist knows
that the abortive would be used to cause an
abortion. What is punished is the dispensing
of the abortive without the proper
prescription. It is not necessary that the
abortive be actually used either.
If pharmacist knew that the abortive would
be used for abortion, he would be liable as an
accomplice in the crime of abortion.
ARTICLE 260 - RESPONSIBILITY OF
PARTICIPANTS IN A DUEL
Modes:
(a) Killing one’s adversary in a duel;
(b) Inflicting upon such adversary physical
injuries;
UP LAW BOC
(c) Making a combat although no physical
injuries have been inflicted.
Persons liable
(a) The person who killed or inflicted
physical injuries upon his adversary, or
both combatants in any other case, as
principals.
(b) The seconds, as accomplices.
Duel – a formal or regular combat previously
consented to by two parties in the presence of
two or more seconds of lawful age on each
side, who make the selection of arms and fix
all the other conditions of the fight to settle
some antecedent quarrel.
There is no such crime nowadays because
people hit each other even without entering
into any pre-conceived agreement. This is an
obsolete provision.
If these are not the conditions of the fight, it is
not a duel in the sense contemplated in the
RPC. It will be a quarrel and anyone who
killed the other will be liable for homicide or
murder, as the case may be.
ARTICLE 261 - CHALLENGING TO A DUEL
Modes:
(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.
Persons Responsible:
(a) Challenger
(b) Instigators
If one challenges another to a duel by
shouting “Come down, Olympia, let us
measure your prowess. We will see whose
intestines will come out. You are a coward if
you do not come down”, the crime of
challenging to a duel is not committed. What
is committed is the crime of light threats
under Article 285, paragraph 1. [People v.
Tacomoy]
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CHAPTER II PHYSICAL INJURIES
ARTICLE 262 – MUTILATION
FIRST MODE
Intentionally mutilating another by depriving
him, either totally or partially, of some
essential organ for reproduction; (Mutilation)
Elements:
• There be a castration, that is,
mutilation of organs necessary for
generation, such as the penis or
ovarium;
• The mutilation is caused purposely
and deliberately
SECOND M ODE
Intentionally making other mutilation, that is,
by lopping or clipping off any part of the body
of the offended party, other than the
essential organ for reproduction, to deprive
him of that part of his body. (Mayhem)
The offender must have the intention to
deprive the offended party of a part of his
body. If there is no such intention, the crime
will be serious physical injuries.
Mutilation – the lopping or clipping off of
some part of the body
Castration – intentionally mutilating
another by depriving him, either totally or
partially, of some essential organ for
reproduction
Mayhem – Basically, other intentional
mutilation. It is intentionally making
mutilation other than some essential organ
for reproduction and to deprive him of that
part of the body
ARTICLE 263 - SERIOUS PHYSICAL
INJURIES
Modes of Commission:
(a) By wounding;
(b) By beating;
(c) By assaulting; or
(d) By administering injurious substance.
(Art. 264)
UP LAW BOC CRIMINAL LAW 2
What are serious physical injuries? They are
when the injured person, in consequence of
the physical injuries inflicted—
(1) becomes insane, imbecilic, impotent or
blind
(2) (a) loses the use of speech or the power
to hear or to smell, or loses an eye, a
hand, a foot, an arm, or a leg, or
(b) loses the use of any such member;
or
(c) becomes incapacitated for the work
in which he was theretofore habitually
engaged, in consequence of the
physical injuries inflicted;
(3) (a) becomes deformed; or
(b) loses any other member of his body;
or
(c) loses the use thereof; or
(d) becomes ill or incapacitated for the
performance of the work in which he
was habitually engaged for more than
90 days;
(4) becomes ill or incapacitated for labor
for more than 30 days (but must not be
more than 90 days).
In physical injuries, there must no be intent
to kill, otherwise the crime is
frustrated/attempted murder or homicide
as the case may be.
PHYSICAL INJURIES vs. ATTEMPTED
OR FRUSTRATED HOMICIDE
Physical Injuries Attempted or Frustrated
Homicide
No intent to kill May be committed even if
offended party no physical injuries are
inflicted
Offender has intent to kill
party
UNDER THE FIRST TYPE
(2) Impotence means an inability to
copulate. It includes sterility.
(3) Penalty is one degree higher when the
victim is under 12 years of age.
(4) Blindness under this type must be of two
eyes while blindness under the second
type requires the loss of an eye only.
Mere weakness of vision is not
contemplated.
UNDER THE SECOND TYPE
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(5) Loss of power to hear must be of both
ears. If hearing in only one ear is lost, it
falls under the third type.
(6) Loss of the use of hand or incapacity for
work must be permanent.
(7) All the body parts mentioned are
principal members of the body (eye,
hand, foot etc.)
UNDER THE THIRD TYPE
(8) It covers any other part of the body which
is not a principal member of the body.
(9) Fingers of the hand are not principal
members and the loss of such fall under
the third type. However, if it is proven
that the loss of the fingers resulted in the
loss of the use of the hand itself, it would
fall under the second type. [US v.
Punsalan (1912)]
Deform ity – physical ugliness, permanent
and definite abnormality. It must be
conspicuous and visible.
Elements of deformity:
(1) physical ugliness,
(2) permanent and definite abnormality,
and
(3) it must be conspicuous and visible.
All these elements must concur.
Illustrations:
(a) Loss of molar tooth – This is not
deformity as it is not visible.
(b) Loss of permanent front tooth – This is
deformity as it is visible and permanent.
(c) Loss of milk front tooth – This is not
deformity as it is visible but will be
naturally replaced.
Deformity by loss of teeth refers to injury
which cannot be repaired by the action of
nature. Loss of both outer ears is a deformity.
Loss of the lobule of the ear is a deformity.
Loss of index and middle fingers only is either
deformity or loss of a member, not a principal
one, of his body or use of the same. Loss of
power to hear of right ear only is loss of use of
other part of body.
UNDER THE FOURTH TYPE
Illness – when the wound inflicted did not
heal with a certain period of time.
UP LAW BOC
(a) Note that under serious physical injuries
of the fourth type, illness or incapacity
is required, NOT medical attendance.
Paragraphs 2 and 3 refers to the “work in
which he was theretofore habitually engaged”
Must the injured party have a vocation at the
time of the injury? YES, insofar as these two
paragraphs are concerned. Incapacity
therefore must relate to a certain kind of work
only.
However, in paragraph 4, incapacity for any
kind of work is acceptable, because the
phrase “incapacity for labor” is used.
Injury requiring hospitalization for more than
thirty days is serious physical injuries under
paragraph 4.
When the category of the offense of serious
physical injuries depends on the period of
illness or incapacity for labor, there must be
evidence of the length of that period;
otherwise, the offense is only slight physical
injuries.
Lessening of efficiency due to injury is NOT
incapacity.
Distinguished from m utilation: In
mutilation, the body parts should have been
purposely and deliberately lopped or clipped
off. This intention is not present in serious
physical injuries.
No attempted or frustrated crime of
physical injuries
This felony is defined by the gravity of the
injury. It is a crime of result. As long as there
is no injury, there can be no attempted or
frustrated stage thereof.
Classification of physical injuries:
(a) Between less serious physical injuries
and serious physical injuries, do not
consider the period of medical treatment.
Only consider the period when the
offended party is rendered incapacitated
for labor.
(b) When the injury created a deformity
upon the offended party, disregard the
healing duration or the period of medical
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treatment involved. At once, it is
considered serious physical injuries.
Serious physical injuries is punished
with higher penalties in the following
cases:
(c) If it is committed against any of the
persons referred to in the crime of
parricide under Article 246;
(d) If any of the circumstances qualifying
murder attended its commission.
ARTICLE 264 - ADMINISTERING INJURIOUS
SUBSTANCES OR BEVERAGES
Elements:
(1) Offender inflicted upon another any
serious physical injury;
(2) It was done by knowingly administering
to him any injurious substance or
beverages or by taking advantage of his
weakness of mind or credulity;
(3) He had no intent to kill.
If the accused did not know of the injurious
nature of the substances administered, he is
not liable under this article.
ARTICLE 265 - LESS SERIOUS
PHYSICAL INJURIES
Elements:
(1) Offended party is incapacitated for labor
for 10 days or more (but not more than
30 days), or needs medical attendance
for the same period of time;
(2) The physical injuries must not be those
described in the preceding articles.
Qualified as to penalty
(1) A fine not exceeding P 500.00, in
addition to arresto mayor, when
1. There is a manifest intent to insult
or offend the injured person; or
2. There are circumstances adding
ignominy to the offense.
(2) A higher penalty is imposed when the
victim is either –
1. The offender’s parents, ascendants,
guardians, curators or teachers; or
2. Persons of rank or person in
authority, provided the crime is not
direct assault.
UP LAW BOC
ARTICLE 266 - SLIGHT PHYSICAL INJURIES
AND MALTREATMENT
Modes
(1) Physical injuries incapacitated the
offended party for labor from 1-9 days,
OR required medical attendance during
the same period;
(2) Physical injuries which did not prevent
the offended party from engaging in his
habitual work or which did not require
medical attendance;
(3) Ill-treatment of another by deed without
causing any injury.
This involves even ill-treatment where there
is no sign of injury requiring medical
treatment.
Slapping the offended party is a form of ill-
treatment which is a form of slight physical
injuries.
But if the slapping is done to cast dishonor
upon the person slapped, or to humiliate or
embarrass the offended party out of a quarrel
or anger, the crime is slander by deed.
Between slight physical injuries and less
serious physical injuries, not only the healing
duration of the injury will be considered but
also the medical attendance required to treat
the injury.
So the healing duration may be one to nine
days, but if the medical treatment continues
beyond nine days, the physical injuries would
already qualify as less serious physical
injuries.
The medical treatment may have lasted for
nine days, but if the offended party is still
incapacitated for labor beyond nine days, the
physical injuries are already considered less
serious physical injuries.
Where there is no evidence of actual injury, it
is only slight physical injuries.
In the absence of proof as to the period of the
offended party’s incapacity for labor or of the
required medical attendance, the crime
committed is slight physical injuries.
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ARTICLE 266-A - RAPE
(AS AMENDED BY RA 8353)
First Mode:
Rape through sexual intercourse without
consent of the woman: (Rape by Sexual
Intercourse)
Elements:
(1) Offender is a man;
(2) Offender had carnal knowledge of a
woman;
(3) Such act is accomplished under any of
the following circumstances:
1. By using force, threat or
intimidation;
2. When the woman is deprived of
reason or is otherwise unconscious;
3. By means of fraudulent machination
or grave abuse of authority;
4. When the woman is under 12 years
of age (Statutory Rape) or is
demented.
Second Mode:
Rape Through Sexual Assault
Elements:
(a) Offender commits an act of sexual
assault;
(b) The act of sexual assault is committed by
any of the following means:
(1) By inserting his penis into another
person's mouth or anal orifice; or
(2) By inserting any instrument or object
into the genital or anal orifice of
another person;
(c) The act of sexual assault is
accomplished under any of the
following circumstances:
(1) By using force or intimidation; or
(2) When the woman is deprived of
reason or otherwise unconscious; or
(3) By means of fraudulent machination
or grave abuse of authority; or
(4) When the woman is under 12 years of
age or demented.
CLASSIFICATIONS OF RAPE
(1) Rape by sexual intercourse
1. Offended party is always a woman
2. Offender is always a man.
(2) Sexual assault
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

1. Rape can now be committed by a Old Anti-Rape Law vs. RA 8353

man or a woman, that is, if a woman Old Anti-Rape Law RA 8553
or a man uses an instrument on
anal orifice of male, she or he can be Crime against Crime against persons
liable for rape. chastity
2. Inserting a finger inside the genital May be committed Under the 2nd type,
of a woman is rape through sexual by a man against a sexual assault may be
assault within the context of ‘object’. woman only committed by any
person against any
AGGRAVATING CIRCUMSTANCES: person
(1) If the victim:
PRIVATE CRIME May be prosecuted
(a) Is under 18 yrs. old, & the offender is
Complaint must be even if the woman
a parent, ascendant, step-parent,
filed by the woman does not file a
guardian, relative by consanguinity
or her parents, complaint
or affinity w/in the 3rd civil degree,
or the common law spouse of the grandparents or
guardian if the
parent of the victim
woman was a minor
(b) Is under the custody of the police /
or incapacitated
military authorities / law
enforcement agency Marriage of the Marriage extinguishes
(c) Is a religious and such legitimate victim w/ one of the the penal action only
vocation is known by the offender offenders benefits as to the principal (the
before or at the time of rape not only the principal person who married
(d) is a child below 7 yrs. Old; but also the the victim), and cannot
(e) suffered permanent or physical accomplices and be extended to co-
mutilation or disability by reason or accessories principals in case of
on the occasion of rape MULTIPLE RAPE
(2) If the offender: Marital rape NOT Marital rape
(a) is afflicted with a sexually recognized recognized
transmissible disease & the virus /
disease is transmitted to the victim;
Complete penetration is NOT necessary. The
(b) is a member of the AFP / PNP / any
slightest penetration—contact with the labia—
law enforcement agency / penal
will consummate the rape. There is NO crime
institution, & took advantage of his
of FRUSTRATED RAPE because in rape, from
position;
the moment the offender has carnal
(c) knew of the pregnancy of the
knowledge of the victim, he actually attains
offended party at the time of the
his purpose, all the essential elements of the
commission of rape;
offense have been accomplished. [People v.
(d) knew of the mental disability,
Orita (1990)]
emotional disorder, & / or physical
handicap of the offended party at
Rape must have specific intent or lewd design.
the time of the commission of rape
For rape to be consummated, a slight brush
(3) If Rape is committed in full view of the
or scrape of the penis on the external layer of
spouse, parent, any of the children, or
the vagina will not suffice. Mere touching of
other relatives w/in the 3rd civil degree of
the external layer of the vagina without the
consanguinity
intent to enter the same cannot be construed
as slight penetration. Accused is only liable
for ATTEMPTED RAPE.

Conviction does not require a medico-legal

finding of any penetration on the part of the
woman.

PAGE 256 OF 342

UP LAW BOC
FORCE, THREAT, OR INTIMIDATION
Force employed against the victim of the rape
need not be of such character as could be
resisted. When the offender has an
ascendancy or influence over the girl, it is not
necessary that she put up a determined
resistance. A rape victim does not have the
burden of proving resistance. [People v. Metin
(2003)]
It is not necessary that the force employed
against the complaining woman in rape to be
so great or of such a character as could not
be resisted. It is sufficient that the force used
is sufficient to consummate the culprit’s
purpose of copulating with the offended
woman. [People v. Savellano (1974)]
Intimidation must be viewed in light of the
victim’s perception and judgment at the time
of rape and not by any hard and fast rule. It is
enough that it produces fear – fear that if the
victim does not yield to the bestial demands
of the accused, something would happen to
her at the moment or thereafter, as when she
is threatened with death if she reports the
incident. [People v. Metin (2003)]
The Supreme Court has ruled that the moral
ascendancy or influence exercised by the
accused over the victim substitutes for the
element of physical force or intimidation such
as those committed by:
(a) Fathers against their daughters (People v.
Bayona, 2000)
(b) Stepfathers against their stepdaughters
(People v. Vitor, 2002)
(c) A godfather against his goddaughter
(People v. Casil, 1995)
(d) Uncles against their nieces (People v.
Betonio, 1997)
(e) The first cousin of the victim’s mother
(People v. Perez, 1999)
W HEN THE OFFENDED PARTY IS
DEPRIVED OF REASON OR IS
OTHERW ISE UNCONSCIOUS
In one case, this was ruled to cover the rape
of a 16-year old mental retardate with the
intellectual capacity of a 9-year-old,
notwithstanding the victim’s actual age.
“Deprived of reason or unconscious” means
that the victim has no will to give consent
intelligently and freely. The inquiry should
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likewise determine whether the victim was
fully informed of all considerations so as to
make a free and informed decision regarding
the grant of consent.
Whether the complaint stated that the victim
was fast asleep or half-asleep or drowsy or
semi-conscious is not determinative of the
crime of rape. For he who lies with a woman
while the latter is in a state of being drowsy is
guilty of rape. Drowsiness is defined as the
state of being drowsy, i.e., ready to fall asleep
or half-asleep. [People v. Siarza]
BY M EANS OF FRAUDULENT
MACHINATION OR GRAVE ABUSE OF
AUTHORITY
Rape by means of fraudulent machinations
and grave abuse of authority absorbs the
crime of qualified and simple seduction.
STATUTORY RAPE
1. Statutory rape is the rape of a woman
who is below 12 years of age. Here, the
victim is conclusively presumed
incapable of giving consent to sexual
intercourse with another. [People v.
Negosa (2003)]
2. This is consummated when the victim is
below 12 yrs. old. Victim’s consent is
immaterial, and so is the offender’s
knowledge of the victim’s age.
3. Carnal knowledge of a child below 12 yrs.
old even if she is engaged in prostitution
is still considered statutory rape.
Special qualifying circumstances have to be
alleged in the information for it to be
appreciated. [People v. Gallo] In this case,
Gallo was found guilty of the crime of
qualified rape with the penalty of death. The
information filed against him does not allege
his relationship with the victim, his daughter,
thus, it CANNOT be considered as a
qualifying circumstance. The case was
reopened and the judgment is modified from
death to reclusion perpetua.
Since relationship qualifies the crime of rape,
there must be clear proof of relationship.
[People v. Berana] In this case, a 14-year old
was raped by her brother-in-law. To
effectively prosecute the accused for the
crime of rape committed by a relative by
UP LAW BOC
affinity w/in the 3rd civil degree, it must be
established that:
the accused is legally married to the victim’s
sister; and
the victim and the accused’s wife are full or
half-blood siblings.
In this case, relationship was not adequately
substantiated.
RAPE THROUGH SEXUAL ASSAULT
The insertion of fingers constitutes
consummated rape through sexual assault
under RA 8353. The contact of the male’s
penis with the woman’s vagina is referred to
as ‘rape with sexual intercourse”, while the
sexual abuse under par.2 of Art.266-A, RPC
is categorized as “rape through sexual
assault”.
Insertion of penis into the mouth of a 10-year
old boy is “Rape by Sexual Assault” punished
under par.2, Article 266-A, RPC. [Ordinario v.
People]
Evidence which m ay be accepted in
the prosecution of rape:
Any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party; or
Where the offended party is so situated as to
render him/her incapable of giving his
consent
Rape shield rule - means that the
character of the offended woman is
immaterial in rape.
An accused may be convicted of rape on the
sole testimony of the offended woman.
When several persons conspired to rape a
single victim, each shall be liable for the rape
committed personally by him, as well as
those committed by the others.
W hat Determines the Number of
Times the Victim was Raped?
In one case, the accused ejaculated twice
during the time that he consummated the
rape. He did not withdraw his penis to insert
it again into the vagina or to touch the labia
majora and the labia minora when he
ejaculated the second time. It is not the
number of times that appellant ejaculated
but the penetration or ‘touching’ that
PAGE 258 OF 342
CRIMINAL LAW 2 CRIMINAL LAW
determines the consummation of the sexual
act. Thus appellant committed only one
count of rape. [People v. Ferrer; People v.
Orilla]
Effect of Pardon
(1) Subsequent valid marriage between the
offender and the offended party shall
extinguish the criminal action or the
penalty imposed but only as to the
husband
(2) When the legal husband is the offender,
the subsequent forgiveness by the wife
as the offended party shall extinguish
the criminal action or the penalty,
provided that their marriage is NOT
VOID ab initio.
Rape with homicide is a special complex
crime if it is committed by reason or on the
occasion of the rape.
Rape may, likewise, be committed in a room
adjacent to where the victim's family is
sleeping, or even in a room shared with other
people. There is no rule that rape can only be
committed in seclusion. [People v. Glivano
(2008)]
The force, violence or intimidation in rape is a
relative term, depending not only on the age,
size, and strength of the parties but also on
their relationship with each other. [People v.
Tuazon (2007)]
SPECIAL LAWS
RA 9262: ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN ACT OF
2004
Violence against wom en and their
children – refers to any act or series of acts
committed by any person against a women
who is wife, former wife, or against a woman
with whom the person has or had a sexual or
dating relationship, or with whom he has a
common child, or against her child whether
legitimate or illegitimate, within or without
the family abode, which result in or is likely to
result in physical, sexual, psychological harm
or suffering, or economic abuse including
threats of such acts, battery, assault, coercion,
harrasment or arbitrary deprivation of liberty.
UP LAW BOC CRIMINAL LAW 2
Punishable Acts:
Sec. 5. Acts of Violence Against Women and
Their Children - The crime of violence against
women and their children is committed
through any of the following acts:
(1) Causing physical harm to the woman or
her child;
(2) Threatening to cause the woman or her
child physical harm;
(3) Attempting to cause the woman or her
child physical harm;
(4) Placing the woman or her child in fear of
imminent physical harm;
(5) Attempting to compel or compelling the
woman or her child to engage in conduct
which the woman or her child has the
right to desist from or desist from
conduct which the woman or her child
has the right to engage in, or attempting
to restrict or restricting the woman's or
her child's freedom of movement or
conduct by force or threat of force,
physical or other harm or threat of
physical or other harm, or intimidation
directed against the woman or child.
This shall include, but not limited to, the
following acts committed with the
purpose or effect of controlling or
restricting the woman's or her child's
movement or conduct:
1. Threatening to deprive or actually
depriving the woman or her child of
custody to her/his family;
2. Depriving or threatening to deprive
the woman or her children of
financial support legally due her or
her family, or deliberately providing
the woman's children insufficient
financial support;
3. Depriving or threatening to deprive
the woman or her child of a legal
right;
4. Preventing the woman in engaging
in any legitimate profession,
occupation, business or activity or
controlling the victim's own money
or properties, or solely controlling
the conjugal or common money, or
properties;
(6) Inflicting or threatening to inflict
physical harm on oneself for the purpose
of controlling her actions or decisions;
(7) Causing or attempting to cause the
woman or her child to engage in any
sexual activity which does not constitute
PAGE 259 OF 342
CRIMINAL LAW
rape, by force or threat of force, physical
harm, or through intimidation directed
against the woman or her child or
her/his immediate family;
(8) Engaging in purposeful, knowing, or
reckless conduct, personally or through
another, that alarms or causes
substantial emotional or psychological
distress to the woman or her child. This
shall include, but not be limited to, the
following acts:
1. Stalking or following the woman or
her child in public or private places;
2. Peering in the window or lingering
outside the residence of the woman
or her child;
3. Entering or remaining in the
dwelling or on the property of the
woman or her child against her/his
will;
4. Destroying the property and
personal belongings or inflicting
harm to animals or pets of the
woman or her child; and
5. Engaging in any form of harassment
or violence;
(9) Causing mental or emotional anguish,
public ridicule or humiliation to the
woman or her child, including, but not
limited to, repeated verbal and
emotional abuse, and denial of financial
support or custody of minor children of
access to the woman's child/children.
RA 9775: ANTI-CHILD PORNOGRAPHY ACT
OF 2009
Sec. 3. Definition of Terms. -
(a) "Child" refers to a person below
eighteen (18) years of age or over, but is
unable to fully take care of
himself/herself from abuse, neglect,
cruelty, exploitation or discrimination
because of a physical or mental disability
or condition.
For the purpose of this Act, a child shall
also refer to:
▪ a person regardless of age who is
presented, depicted or portrayed as
a child as defined herein; and
▪ computer-generated, digitally or
manually crafted images or
graphics of a person who is
represented or who is made to
UP LAW BOC CRIMINAL LAW 2
appear to be a child as defined
herein.
(b) "Child pornography" refers to any
representation, whether visual, audio, or
written combination thereof, by
electronic, mechanical, digital, optical,
magnetic or any other means, of child
engaged or involved in real or simulated
explicit sexual activities.
(c) "Explicit Sexual Activity" includes
actual or simulated –
▪ As to form:
a. sexual intercourse or lascivious
act including, but not limited to,
contact involving genital to
genital, oral to genital, anal to
genital, or oral to anal, whether
between persons of the same or
opposite sex;
▪ bestiality;
▪ masturbation;
▪ sadistic or masochistic abuse;
▪ lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or
anus; or
▪ use of any object or instrument for
lascivious acts
(d) "Internet address" refers to a website,
bulletin board service, internet chat
room or news group, or any other
internet or shared network protocol
address.
(e) "Internet cafe or kiosk" refers to an
establishment that offers or proposes to
offer services to the public for the use of
its computer/s or computer system for
the purpose of accessing the internet,
computer games or related services.
(f) "Internet content host" refers to a
person who hosts or who proposes to
host internet content in the Philippines.
(g) "Internet service provider (ISP)"
refers to a person or entity that supplies
or proposes to supply, an internet
carriage service to the public.
(h) "Groom ing" refers to the act of
preparing a child or someone who the
offender believes to be a child for sexual
activity or sexual relationship by
communicating any form of child
pornography. It includes online
enticement or enticement through any
other means.
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(i) "Luring" refers to the act of
communicating, by means of a computer
system, with a child or someone who the
offender believes to be a child for the
purpose of facilitating the commission of
sexual activity or production of any form
of child pornography.
(j) "Pandering" refers to the act of
offering, advertising, promoting,
representing or distributing through any
means any material or purported
material that is intended to cause
another to believe that the material or
purported material contains any form of
child pornography, regardless of the
actual content of the material or
purported material.
(k) "Person" refers to any natural or
juridical entity.
Unlawful or Prohibited Acts
It shall be unlawful for any person:
(1) To hire, employ, use, persuade, induce or
coerce a child to perform in the creation
or production of any form of child
pornography;
(2) To produce, direct, manufacture or
create any form of child pornography;
(3) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or
import any form of child pornography;
(4) To possess any form of child
pornography with the intent to sell,
distribute, publish, or broadcast:
Provided, That possession of three (3) or
more articles of child pornography of the
same form shall be prima facie evidence
of the intent to sell, distribute, publish or
broadcast;
(5) To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to,
dens, private rooms, cubicles, cinemas,
houses or in establishments purporting
to be a legitimate business;
(6) For film distributors, theaters and
telecommunication companies, by
themselves or in cooperation with other
entities, to distribute any form of child
pornography;
(7) For a parent, legal guardian or person
having custody or control of a child to
knowingly permit the child to engage,
participate or assist in any form of child
pornography;
UP LAW BOC CRIMINAL LAW 2
(8) To engage in the luring or grooming of a
child;
(9) To engage in pandering of any form of
child pornography;
(10) To willfully access any form of child
pornography;
(11) To conspire to commit any of the
prohibited acts stated in this section.
Conspiracy to commit any form of child
pornography shall be committed when
two (2) or more persons come to an
agreement concerning the commission
of any of the said prohibited acts and
decide to commit it; and
(12) To possess any form of child
pornography.
Syndicated Child Pornography - The
crime of child pornography is deemed
committed by a syndicate if carried out by a
group of three (3) or more persons conspiring
or confederating with one another
W ho May File a Complaint.
(1) Offended party;
(2) Parents or guardians;
(3) Ascendant or collateral relative within
the third degree of consanguinity;
(4) Officer, social worker or representative of
a licensed child-caring institution;
(5) Officer or social worker of the
Department of Social Welfare and
Development (DSWD);
(6) Local social welfare development officer;
(7) Barangay chairman;
(8) Any law enforcement officer;
(9) At least three (3) concerned responsible
citizens residing in the place where the
violation occurred; or
(10) Any person who has personal knowledge
of the circumstances of the commission
of any offense under this Act.
RA 8049: ANTI-HAZING LAW
Hazing
(1) Definition
Section 1. Hazing, as used in this Act, is an
initiation rite or practice as a prerequisite for
admission into membership in a fraternity,
sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing
or humiliating situations such as forcing him
to do menial, silly, foolish and other similar
tasks or activities or otherwise subjecting him
to physical or psychological suffering or injury.
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CRIMINAL LAW
The term "organization" shall include any
club or the Armed Forces of the Philippines,
Philippine National Police, Philippine Military
Academy, or officer and cadet corp of the
Citizen's Military Training and Citizen's Army
Training. The physical, mental and
psychological testing and training procedure
and practices to determine and enhance the
physical, mental and psychological fitness of
prospective regular members of the Armed
Forces of the Philippines and the Philippine
National Police as approved by the Secretary
of National Defense and the National Police
Commission duly recommended by the Chief
of Staff, Armed Forces of the Philippines and
the Director General of the Philippine
National Police shall not be considered as
hazing for the purposes of this Act.
(2) Allowed Initiation Rites
Sec. 2. No hazing or initiation rites in any
form or manner by a fraternity, sorority or
organization shall be allowed without prior
written notice to the school authorities or
head of organization seven (7) days before
the conduct of such initiation. The written
notice shall indicate the period of the
initiation activities which shall not exceed
three (3) days, shall include the names of
those to be subjected to such activities, and
shall further contain an undertaking that no
physical violence be employed by anybody
during such initiation rites.
Sec. 3. The head of the school or
organization or their representatives must
assign at least two (2) representatives of the
school or organization, as the case may be, to
be present during the initiation. It is the duty
of such representative to see to it that no
physical harm of any kind shall be inflicted
upon a recruit, neophyte or applicant.
(3) Who Are Liable / Punishable Acts
Section 4. If the person subjected to hazing
or other forms of initiation rites suffers any
physical injury or dies as a result thereof, the
officers and m em bers of the fraternity,
sorority or organization who actually
participated in the infliction of physical harm
shall be liable as principals. The person or
persons who participated in the hazing
shall suffer the penalty of:
UP LAW BOC CRIMINAL LAW 2
• reclusion perpetua (life imprisonment) if
death, rape, sodomy or mutilation
results therefrom.
• reclusion temporal in its maximum
period if in consequence of the hazing
the victim shall become insane, imbecile,
impotent or blind.
• reclusion temporal in its medium period
if in consequence of the hazing the
victim shall have lost the use of speech
or the power to hear or to smell, or shall
have lost an eye, a hand, a foot, an arm
or a leg or shall have lost the use of any
such member shall have become
incapacitated for the activity or work in
which he was habitually engaged.
• reclusion temporal in its minimum
period if in consequence of the hazing
the victim shall become deformed or
shall have lost any other part of his body,
or shall have lost the use thereof, or shall
have been ill or incapacitated for the
performance on the activity or work in
which he was habitually engaged for a
period of more than ninety (90) days.
• prision mayor in its maximum period if in
consequence of the hazing the victim
shall have been ill or incapacitated for
the performance on the activity or work
in which he was habitually engaged for a
period of more than thirty (30) days.
• prision mayor in its medium period if in
consequence of the hazing the victim
shall have been ill or incapacitated for
the performance on the activity or work
in which he was habitually engaged for a
period of ten (10) days or more, or that
the injury sustained shall require medical
assistance for the same period.
• prision mayor in its minimum period if in
consequence of the hazing the victim
shall have been ill or incapacitated for
the performance on the activity or work
in which he was habitually engaged from
one (1) to nine (9) days, or that the injury
sustained shall require medical
assistance for the same period.
• prision correccional in its maximum
period if in consequence of the hazing
the victim sustained physical injuries
which do not prevent him from engaging
in his habitual activity or work nor
require medical attendance.
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CRIMINAL LAW
The responsible officials of the school or of
the police, military or citizen's army training
organization, may impose the appropriate
adm inistrative sanctions on the person
or the persons charged under this provision
even before their conviction. The maximum
penalty herein provided shall be imposed in
any of the following instances:
(1) recruitment is accompanied by force,
violence, threat, intimidation or deceit on
the person of the recruit who refuses to
join;
(2) recruit, neophyte or applicant initially
consents to join but upon learning that
hazing will be committed on his person,
is prevented from quitting;
(3) recruit, neophyte or applicant having
undergone hazing is prevented from
reporting the unlawful act to his parents
or guardians, to the proper school
authorities, or to the police authorities,
through force, violence, threat or
intimidation;
(4) hazing is committed outside of the
school or institution; or
(5) victim is below twelve (12) years of age at
the time of the hazing.
The owner of the place where hazing is
conducted shall be liable as an accom plice,
when he has actual knowledge of the
hazing conducted therein but failed to take
any action to prevent the same from
occurring. If the hazing is held in the home of
one of the officers or members of the
fraternity, group, or organization, the
parents shall be held liable as principals
when they have actual knowledge of the
hazing conducted therein but failed to take
any action to prevent the same from
occurring.
The school authorities including
faculty m em bers who consent to the
hazing or who have actual knowledge thereof,
but failed to take any action to prevent the
same from occurring shall be punished as
accom plices for the acts of hazing
committed by the perpetrators.
The officers, form er officers, or alum ni
of the organization, group, fraternity or
sorority who actually planned the hazing
although not present when the acts
constituting the hazing were committed shall
UP LAW BOC CRIMINAL LAW 2
be liable as principals. A fraternity or
sorority's adviser who is present when the
acts constituting the hazing were committed
and failed to take action to prevent the same
from occurring shall be liable as principal.
The presence of any person during the
hazing is prima facie evidence of
participation therein as principal unless he
prevented the commission of the acts
punishable herein.
Any person charged under this provision shall
not be entitled to the mitigating
circumstance that there was no intention to
commit so grave a wrong.
This section shall apply to the president,
manager, director or other
responsible officer of a corporation
engaged in hazing as a requirement for
employment in the manner provided herein.
RA 7610: SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT
Coverage
"Children" - person below 18 years of age
or those over but are unable to fully take care
of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or
discrimination because of a physical or
mental disability or condition.
Child Prostitution/Punishable Acts
Section 5. Child Prostitution and Other Sexual
Abuse. – Children, whether male or female,
who for money, profit, or any other
consideration or due to the coercion or
influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited
in prostitution and other sexual abuse.
The penalty of reclusion temporal in its
medium period to reclusion perpetua shall be
imposed upon the following:
(1) Those who engage in or promote,
facilitate or induce child prostitution
which include, but are not limited to, the
following:
1. Acting as a procurer of a child
prostitute;
2. Inducing a person to be a client of a
child prostitute by means of written or
PAGE 263 OF 342
CRIMINAL LAW
oral advertisements or other similar
means;
3. Taking advantage of influence or
relationship to procure a child as
prostitute;
4. Threatening or using violence
towards a child to engage him as a
prostitute; or
5. Giving monetary consideration goods
or other pecuniary benefit to a child
with intent to engage such child in
prostitution.
(2) Those who commit the act of sexual
intercourse of lascivious conduct with a
child exploited in prostitution or subject
to other sexual abuse; Provided, That
when the victims is under twelve (12)
years of age, the perpetrators shall be
prosecuted under Article 335, paragraph
3, for rape and Article 336 of Act No.
3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as
the case may be: Provided, That the
penalty for lascivious conduct when the
victim is under twelve (12) years of age
shall be reclusion temporal in its
medium period; and
(3) Those who derive profit or advantage
therefrom, whether as manager or owner
of the establishment where the
prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment
or establishment serving as a cover or
which engages in prostitution in addition
to the activity for which the license has
been issued to said establishment.
Section 6. Attempt To Commit Child
Prostitution. – There is an attempt to commit
child prostitution under Section 5, paragraph
(a) hereof when any person who, not being a
relative of a child, is found alone with the said
child inside the room or cubicle of a house, an
inn, hotel, motel, pension house, apartelle or
other similar establishments, vessel, vehicle
or any other hidden or secluded area under
circumstances which would lead a
reasonable person to believe that the child is
about to be exploited in prostitution and
other sexual abuse.
There is also an attempt to commit child
prostitution, under paragraph (b) of Section 5
hereof when any person is receiving services
from a child in a sauna parlor or bath,
UP LAW BOC CRIMINAL LAW 2
massage clinic, health club and other similar
establishments. A penalty lower by two (2)
degrees than that prescribed for the
consummated felony under Section 5 hereof
shall be imposed upon the principals of the
attempt to commit the crime of child
prostitution under this Act, or, in the proper
case, under the Revised Penal Code.
Child Trafficking/Punishable Acts
Section 7. Child Trafficking. – Any person who
shall engage in trading and dealing with
children including, but not limited to, the act
of buying and selling of a child for money, or
for any other consideration, or barter, shall
suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be
imposed in its maximum period when the
victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking.
– There is an attempt to commit child
trafficking under Section 7 of this Act:
(1) When a child travels alone to a foreign
country without valid reason therefor
and without clearance issued by the
Department of Social Welfare and
Development or written permit or
justification from the child's parents or
legal guardian;
(2) When a person, agency, establishment
or child-caring institution recruits
women or couples to bear children for
the purpose of child trafficking;
(3) When a doctor, hospital or clinic official
or employee, nurse, midwife, local civil
registrar or any other person simulates
birth for the purpose of child trafficking;
or
(4) When a person engages in the act of
finding children among low-income
families, hospitals, clinics, nurseries,
day-care centers, or other child-caring
institutions who can be offered for the
purpose of child trafficking.
A penalty lower two (2) degrees than that
prescribed for the consummated felony under
Section 7 hereof shall be imposed upon the
principals of the attempt to commit child
trafficking.
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CRIMINAL LAW
RA 9344: JUVENILE JUSTICE AND
WELFARE ACT (AS FURTHER AMENDED BY
THE RA 10630 / THE ACT STRENGTHENING
THE JUVENILE JUSTICE SYSTEM IN THE
PHILIPPINES)
"Child in Conflict with the Law" - a
child who is alleged as, accused of, or
adjudged as, having committed an offense
under Philippine laws.
"Juvenile Justice and W elfare System ”
– refers to a system dealing with children at
risk and children in conflict with the law,
which provides child-appropriate proceedings,
including programs and services for
prevention, diversion, rehabilitation, re-
integration and aftercare to ensure their
normal growth and development.
Punishable Acts
SEC. 60. Prohibition Against Labeling and
Shaming. - In the conduct of the proceedings
beginning from the initial contact with the
child, the competent authorities must refrain
from branding or labeling children as young
criminals, juvenile delinquents, prostitutes or
attaching to them in any manner any other
derogatory names. Likewise, no
discriminatory remarks and practices shall be
allowed particularly with respect to the
child's class or ethnic origin.
SEC. 61. Other Prohibited Acts. - The following
and any other similar acts shall be considered
prejudicial and detrimental to the
psychological, emotional, social, spiritual,
moral and physical health and well-being of
the child in conflict with the law and therefore,
prohibited:
(1) Employment of threats of whatever kind
and nature;
(2) Employment of abusive, coercive and
punitive measures such as cursing,
beating, stripping, and solitary
confinement;
(3) Employment of degrading, inhuman end
cruel forms of punishment such as
shaving the heads, pouring irritating,
corrosive or harmful substances over the
body of the child in conflict with the law,
or forcing him/her to walk around the
community wearing signs which
embarrass, humiliate, and degrade
his/her personality and dignity; and
UP LAW BOC CRIMINAL LAW 2
(4) Compelling the child to perform
involuntary servitude in any and all
forms under any and all instances.
SEC. 62. Violation of the Provisions of this Act
or Rules or Regulations in General. - Any
person who violates any provision of this Act
or any rule or regulation promulgated in
accordance thereof shall, upon conviction for
each act or omission, be punished by a fine of
not less than P20,000 but not more than
P50,000 or suffer imprisonment of 8-10
years, or both such fine and imprisonment at
the discretion of the court, unless a higher
penalty is provided for in the RPC or special
laws. If the offender is a public officer or
employee, he/she shall, in addition to such
fine and/or imprisonment, be held
administratively liable and shall suffer the
penalty of perpetual absolute disqualification.
PD 603: CHILD AND YOUTH WELFARE
CODE
Punishable Acts
Article 59. Crimes. - Criminal liability shall
attach to any parent who:
• Conceals or abandons the child with
intent to make such child lose his civil
status.
• Abandons the child under such
circumstances as to deprive him of the
love, care and protection he needs.
• Sells or abandons the child to another
person for valuable consideration.
• Neglects the child by not giving him the
education which the family's station in
life and financial conditions permit.
• Fails or refuses, without justifiable
grounds, to enroll the child as required
by Article 72.
• Causes, abates, or permits the truancy of
the child from the school where he is
enrolled. "Truancy" as here used means
absence without cause for more than 20
schooldays, not necessarily consecutive.
• It shall be the duty of the teacher in
charge to report to the parents the
absences of the child the moment these
exceed 5 schooldays.
• Improperly exploits the child by using
him, directly or indirectly, such as for
purposes of begging and other acts
PAGE 265 OF 342
CRIMINAL LAW
which are inimical to his interest and
welfare.
• Inflicts cruel and unusual punishment
upon the child or deliberately subjects
him to indignation and other excessive
chastisement that embarrass or
humiliate him.
• Causes or encourages the child to lead
an immoral or dissolute life.
• Permits the child to possess, handle or
carry a deadly weapon, regardless of its
ownership.
• Allows or requires the child to drive
without a license or with a license which
the parent knows to have been illegally
procured. If the vehicle driven by the
child belongs to the parent, it shall be
presumed that he permitted or ordered
the child to drive.
"Parents" as here used shall include the
guardian and the head of the institution or
foster home which has custody of the child.
RA 9372: HUMAN SECURITY ACT OF 2007
Punishable Acts of Terrorism/Who are Liable
Sec. 3 Terrorism – Any person who commits
an act punishable under any of the following
provisions of the RPC:
(1) Art. 122 (Piracy in General and Mutiny in
the High Seas or in Philippine Waters);
(2) Art. 134 (Rebellion or Insurrection);
(3) Art. 143-A (Coup d’ Etat), including acts
committed by private persons;
(4) Art. 248 (Murder);
(5) Art. 267 (Kidnapping and Serious Illegal
Detention);
(6) Art. 324 (Crimes Involving Destruction);
or under these special laws:
(1) PD 1613 (The Law on Arson);
(2) RA 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control
Act of 1990);
(3) RA 5207 (Atomic Energy Regulatory and
Liability Act of 1968);
(4) RA 6235 (Anti-Hijacking Law);
(5) PD 532 (Anti-Piracy and Anti-Highway
Robbery Law of 1974) and,
(6) PD 1866, as amended (Decree Codifying
the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms,
Ammunitions or Explosives)
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

thereby sowing and creating a condition of Title IX. Crimes against

widespread and extraordinary fear and panic
among the populace, in order to coerce the
Personal Liberty and
government to give in to an unlawful
demand, shall be guilty of the crime of
Security
terrorism and shall suffer the penalty of forty
Chapter I: Crimes against Liberty
(40) years of imprisonment, without the
(1) Article 267 - Kidnapping and Serious
benefit of parole as provided for under Act
Illegal Detention
No. 4103, otherwise known as the
(2) Article 268 - Slight Illegal Detention
Indeterminate Sentence Law, as amended.
(3) Article 269 - Unlawful Arrest
(4) Article 270 - Kidnapping and Failure to
Sec. 6 Accessory – Any person who, having
Return a Minor
knowledge of the commission of the crime of
(5) Article 271 - Inducing a Minor to
terrorism or conspiracy to commit terrorism,
Abandon His Home
and without having participated therein,
(6) Article 272 – Slavery
either as principal or accomplice under
(7) Article 273 - Exploitation of Child Labor
Articles 17 and 18 of the RPC, takes part
(8) Article 274 - Services Rendered Under
subsequent to its commission in any of the
Compulsion in Payment of Debt
following manner: (a) by profiting himself or
assisting the offender to profit by the effects
Chapter II: Crimes against Security
of the crime; (b) by concealing or destroying
(1) Article 275 - Abandonment of Persons in
the body of the crime, or the effects or
Danger and Abandonment of Own
instruments thereof, in order to prevent
Victim
discovery; (c) by harboring, concealing, or
(2) Article 276 - Abandoning a Minor
assisting in the escape of the principal or
(3) Article 277 - Abandonment of Minor by
conspirator of the crime, shall suffer the
Person Entrusted With Custody;
penalty of ten (10) years and one day to
Indifference of Parents
twelve years of imprisonment.
(4) Article 278 - Exploitation of Minors
Notwithstanding the above paragraph, the
(5) Article 280 - Qualified Trespass to
penalties prescribed for accessories shall not
Dwelling
be im posed upon those who are such with
(6) Article 281 - Other Forms of Trespass
respect to their spouses, ascendants,
(7) Article 282 - Grave Threats
descendants, legitim ate, natural and
(8) Article 283 - Light Threats
adopted brothers and sisters, or
(9) Article 284 - Bond for Good Behavior
relatives by affinity within the same degree,
(10) Article 285 - Other Light Threats
with the single exception of accessories
(11) Article 286 - Grave Coercions
falling within the provisions of subparagraph
(12) Article 287 - Light Coercions
(a).
(13) Article 288 - Other Similar Coercions
(14) Article 289 - Formation, Maintenance,
and Prohibition of Combination of
Capital or Labor through Violence or
Threats

Chapter III: Discovery and Revelation

of Secrets
(1) Article 290 - Discovering Secrets
through Seizure of Correspondence
(2) Article 291 - Revealing Secrets with
Abuse of Office
(3) Article 292 - Revelation of Industrial
Secrets

PAGE 266 OF 342

UP LAW BOC CRIMINAL LAW 2
CHAPTER I CRIMES AGAINST
LIBERTY
ARTICLE 267 - KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
Elem ents:
(a) Offender is a private individual;
(b) He kidnaps or detains another, or in any
other manner deprives the latter of his
liberty;
(c) The act of detention or kidnapping must
be illegal;
(d) In the commission of the offense, any of
the following circumstances is present:
(1) The kidnapping lasts for more than 3
days;
(2) It is committed simulating public
authority;
(3) Any serious physical injuries are
inflicted upon the person kidnapped
or detained or threats to kill him are
made; or
(4) The person kidnapped or detained is
a minor, female, or a public officer.
The essential element of kidnapping is the
deprivation of the offended party’s liberty
under any of the four instances enumerated.
But when the kidnapping was committed for
the purpose of extorting ransom, it is not
necessary that one or any of circumstances
enumerated be present.
If kidnapping be committed under element d
(2), (3), or (4), it is not necessary that the
kidnapping last for more than 3 days.
QUALIFYING CIRCUMSTANCES
(penalty → death)
(1) Purpose is to extort ransom.
(2) When the victim is killed or dies as a
consequence of the detention.
(3) When the victim is raped.
(4) When victim is subjected to torture or
dehumanizing acts.
The offenders here are private individuals or
public officers acting in their private capacity.
If they are public officers, they are covered by
the crimes under Title 2.
When a public officer conspires with a private
person in the commission of any of the crimes
under Title IX, the crime is also one
PAGE 267 OF 342
CRIMINAL LAW
committed under this title and not under Title
II.
The purpose is immaterial when any of the
circumstances in the first paragraph of Art.
267 is present.
Ransom
Means money, price or consideration paid or
demanded for the redemption of a captured
person that would release him from captivity.
No specific form of ransom is required to
consummate the felony as long as the
ransom was intended as a bargaining chip in
exchange for the victim’s freedom. Whether
or not ransom is actually paid to or received
by the perpetrator is of no moment. [People v.
Jatulan, 2007]
Actual demand for ransom is not necessary,
as long as it can be proven that the
kidnapping was done for the purpose of
extorting money.
It is essential that there be actual
confinement or restriction of the person of the
offended party. It is not necessary that the
victim be placed in an enclosure, as long as
he is deprived, in any manner, of his liberty.
It suffices that there be actual or manifest
restraint on the person or liberty of the victim.
Accused were guilty of kidnapping although
the victim was found, at the time of her
rescue, outside of the house where she was
brought, talking to the house owner who was
the uncle of the accused. Her failure to
attempt to escape was explained by her to be
due to her fear and threats of the accused to
kill her should she do so. In kidnapping, it is
not necessary that the offended party be kept
within an enclosure to restrict her freedom of
locomotion. [People v. Cortez, et al., 2000]
The victim’s lack of consent is also a
fundamental element of kidnapping and
serious illegal detention. The involuntariness
of the seizure and detention is the very
essence of the crime. Although the victim
may have initially consented to go with the
offender to a place, but the victim is
thereafter prevented, with the use of force,
from leaving the place where he was brought
to with his consent and is detained against
his will, the offender is still guilty of
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

kidnapping and serious illegal detention. with the intent of the accused to effect it.
[People v. Pickrell, 2003] [People v Luartes (1999)]

W hen detention is illegal Physical detention is not necessary. It is

It is not ordered by competent authority nor enough that the victim is under the complete
permitted by law. control of the perpetrators as in this case
when the Japanese victim had to rely on his
Special com plex crim e of Kidnapping abductors for survival after he was tricked
with Murder into believing that the police was after him. It
When the victim dies or is killed as a was also held in this case that keeping a
consequence of the detention, which is person as collateral for payment of an
covered by the last paragraph of Art. 267 as obligation is kidnapping. [People v. Tomio]
amended.
Leaving a child in a place from which he did
Forcible abduction not know the way home, even if he had the
If a woman is transported from one place to freedom to roam around the place of
another by virtue of restraining her of her detention, would still amount to deprivation
liberty, and that act is coupled with lewd of liberty, for under such a situation, the
designs. child’s freedom remains at the mercy and
control of the abductor. [People v Baluya,
Serious illegal detention 2011]
If a woman is transported just to restrain her
of her liberty. There is no lewd design or lewd The elem ents of kidnapping for ransom
intent. under Article 267 of the RPC as
am ended by RA 7659 warranting the
Grave coercion im position of the death penalty are as
If a woman is carried away just to break her follows:
will, to compel her to agree to the demand or (1) intent on the part of the accused to
request by the offender. deprive the victim of his liberty;
(2) actual deprivation of the victim of his
Illegal Detention Arbitrary Detention liberty; and
(3) motive of the accused, which is extorting
Committed by a Committed by public ransom for the release of the victim.
private individual officer or employee
who unlawfully who detains a person Neither actual demand for nor payment of
deprives a person of without legal ground ransom is necessary for the consummation of
his liberty the felony. It is sufficient that the deprivation
Crime against Crime against the of liberty was for extorting ransom even if
personal liberty fundamental laws of none of the four circumstances mentioned in
the State Article 267 were present in its perpetration.
[People v. Cenahonon (2007)]
Where the evident purpose of taking the Article 267 has been modified by RA 7659 (an
victim was to kill him, and from the acts of act to impose the death penalty on certain
the accused it cannot be inferred that the heinous crimes, amending for that purpose the
latter’s purpose was to actually detain or revised penal laws, as amended, other special
deprive the victim of his liberty, the penal laws, and for other purposes) in the
subsequent killing of the victim did not following respects:
constitute the crime of kidnapping. The (1) Illegal detention becomes serious when
demand for ransom did not convert the crime it shall have lasted for more than three
into kidnapping, since no deprivation of days, instead of five days as originally
liberty was involved. [People v Padica (1993)] provided;
(2) In paragraph 4, if the person kidnapped
The essence of kidnapping is the actual or detained was a minor and the
deprivation of the victim’s liberty coupled offender was anyone of the parents, the
PAGE 268 OF 342
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

latter has been expressly excluded from Kidnapping with Forcible Abduction with
the provision. The liability of the parent Rape Rape
is provided for in the last paragraph of
Article 271; If there are multiple If there are multiple
(3) A paragraph was added to Article 267, rapes, there is only rapes, only one is
which states: When the victim is killed or one special complex complexed with forcible
dies as a consequence of the detention or crime of Kidnapping abduction and the rest
is raped, or is subjected to torture, or with Rape. shall be considered as
dehumanizing acts, the maximum separate crimes.
penalty shall be imposed.
(4) The amendment introduced in our ARTICLE 268 - SLIGHT ILLEGAL
criminal statutes the concept of "special DETENTION
complex crime" of kidnapping with Elem ents:
murder or homicide. (a) Offender is a private individual;
(5) It eliminated the distinction drawn by (b) He kidnaps or detains another, or in
the courts between those cases where any other manner deprives him of his
the killing of the kidnapped victim was liberty.
purposely sought by the accused, and (c) The act of kidnapping or detention is
those where the killing of the victim was illegal;
not deliberately resorted to but was (d) The crime is committed without the
merely an afterthought. attendance of any of the circumstances
(6) Although the victim was raped 27 times, enumerated in Article 267.
there is only one crime of kidnapping This felony is committed if any of the five
with rape, not kidnapping with rape and circumstances in the commission of
26 separate counts of rape. In a way, kidnapping or detention enumerated in
R.A. 7659 depreciated the seriousness Article 267 is not present.
of rape because no matter how many
times the victim was raped, like in the Privileged m itigating circum stances
present case, there is only one crime – The penalty is lowered if:
committed – the special complex crime (1) The offended party is voluntarily
of kidnapping with rape. [People v released within three days from the start
Felipe Mirandilla, 2011] of illegal detention;
(2) Without attaining the intended purpose;
AND
Kidnapping with Forcible Abduction with (3) Before the institution of the criminal
Rape Rape action.
Lewd design came At the outset, there is The prevailing rule now is Asistio v. Judge,
after the intent to already lewd design which provides that voluntary release will
kidnap the victim only mitigate criminal liability if crime was
It is a special It is a complex crime slight illegal detention. If serious, it has no
complex crime. under RPC 48 since effect.
forcible abduction is a
necessary means of The liability of one who furnishes the place
committing the crime of where the offended party is being held
rape. captive is that of a principal and not of an
accomplice.
It there is an If there is an attempted
attempted rape, it rape, the crime ARTICLE 269 - UNLAWFUL ARREST
shall be considered committed is only Elem ents
as a separate crime. forcible abduction, the (a) Offender arrests or detains another
former being an person;
expression of a lewd (b) The purpose of the offender is to deliver
design. him to the proper authorities;

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(c) The arrest or detention is not authorized
by law or there is no reasonable ground
therefor.
This felony consists in making an arrest or
detention without legal or reasonable ground
for the purpose of delivering the offended
party to the proper authorities.
Generally, this crime is committed by
incriminating innocent persons by the
offender’s planting evidence to justify the
arrest – a complex crime results, that is,
unlawful arrest through incriminatory
machinations under Article 363.
If the arrest is made without a warrant and
under circumstances not allowing a
warrantless arrest, the crime would be
unlawful arrest.
If the person arrested is not delivered to the
authorities, the private individual making the
arrest incurs criminal liability for illegal
detention under Article 267 or 268.
ARTICLE 270 - KIDNAPPING AND FAILURE
TO RETURN A MINOR
Elem ents:
(a) Offender is entrusted with the custody of
a minor person (whether over or under
seven years but less than 18 years of
age)
(b) He deliberately fails to restore the said
minor to his parents or guardians
If any of the foregoing elements is absent, the
kidnapping of the minor will then fall under
Article 267.
The essential element which qualifies the
crime of kidnapping a minor under Art. 270 is
that the offender is entrusted with the
custody of the minor.
If the accused is any of the parents, Article
267 does not apply; Articles 270 and 271 will
then apply.
If the taking is with the consent of the parents,
the crime in Article 270 is committed.

If the offender is a public officer, the crime is
arbitrary detention under Article 124.
If the detention or arrest is for a legal ground,
but the public officer delays delivery of the
person arrested to the proper judicial
authorities, then Article 125 will apply.
Note: This felony may also be committed by
public officers.
What is punished is the deliberate failure of
the custodian of the minor to restore the
latter to his parents or guardians.
The deliberate failure to return a minor under
one’s custody constitutes deprivation of
liberty. Kidnapping and failure to return a
minor is necessarily included in kidnapping
and serious illegal detention of a minor under
Article 267(4). [People v. Generosa]

Unlawful Arrest vs. Delay
Delivery of Detained Persons
DELAY IN THE DELIVERY UNLAWFUL
OF DETAINED PERSONS ARREST (Art. 269)
(Art. 125)
Detention is for some
legal ground.
Crime is committed by
failing to deliver such
person to the proper
judicial authority within a
certain period.
in the Where a minor child was taken by the
accused without the knowledge and consent
of his parents, the crime is kidnapping and
serious illegal detention under Article 267,
not kidnapping and failure to return a minor
under Article 270. [People v. Mendoza]
Detention is not
authorized by law. Art. 270 distinguished from Art. 267
Committed by Art. 270 Art. 267
making an arrest
Offender is The offender is not
not authorized by
entrusted with the entrusted with the
law
custody of the custody of the minor.
minor
What is punished What is punished is the
is the illegal deliberate failure of the
detaining or offender having custody
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kidnapping of the of the minor to restore
minor him to his parents or
guardians
ARTICLE 271 - INDUCING A MINOR TO
ABANDON HIS HOME
Elements:
(a) A minor (whether over or under seven
years of age) is living in the home of his
parents or guardians or the person
entrusted with his custody;
(b) Offender induces said minor to abandon
such home.
Inducement must be (a) actual, and (b)
committed with criminal intent.
The minor should not leave his home of his
own free will. What constitutes the crime is
the act of inducing a minor to abandon the
home of his guardian, and it is not necessary
that the minor actually abandons the home.
Father or mother may commit the crimes in
Art. 170 and 171 where they are living
separately and the custody of the minor
children is given to one of them.
The law is intended to discourage and
prevent disruption of filial relationships and
undue interference with the parents’ right
and duty to the custody of their minor
children and to rear them.
ARTICLE 272 - SLAVERY
Elem ents:
(a) Offender purchases, sells, kidnaps or
detains a human being;
(b) The purpose of the offender is to enslave
such human being.
This is committed if anyone shall purchase,
kidnap, or detain a human being for the
purpose of enslaving him.
The penalty is increased if the purpose of the
offender is to assign the offended party to
some immoral traffic.
If the purpose of the kidnapping or detention
is to enslave the offended party, slavery is
committed.
PAGE 271 OF 342
CRIMINAL LAW 2 CRIMINAL LAW
The crime is slavery if the offender is not
engaged in the business of prostitution. If he
is, the crime is white slave trade under Article
341.
The employment or custody of a minor with
the consent of the parent or guardian,
although against the child’s own will, cannot
be considered involuntary servitude.
But where it is proven that the defendant was
obliged to render service in plaintiff’s house
as a servant without remuneration whatever
and to remain there so long as she has not
paid her debt, there is slavery.
See Special Law: RA 9208 (Anti-Trafficking of
Person Act of 2003)
ARTICLE 273 - EXPLOITATION OF CHILD
LABOR
Elem ents:
(a) Offender retains a minor in his services;
(b) It is against the will of the minor;
(c) It is under the pretext of reimbursing
himself of a debt incurred by an
ascendant, guardian or person
entrusted with the custody of such
minor.
The existence of indebtedness constitutes no
legal justification for holding a person and
depriving him of his freedom to live where he
wills.
ARTICLE 274 - SERVICES RENDERED
UNDER COMPULSION IN PAYMENT OF
DEBT
Elem ents:
(a) Offender compels a debtor to work for
him, either as a household servant or
farm laborer;
(b) It is against the debtor’s will;
(c) The purpose is to require or enforce the
payment of a debt.
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Service under Com pulsion Does not apply: When a person intentionally
distinguished from Exploitation of wounds another and leaves him in an
Child Labor uninhabited place.
Service under Exploitation of Child
Immaterial: That the offender did not know
Compulsion Labor
that the child is under seven years.
Does not Victim must be a minor
The child under seven years of age must be
distinguish
found by the accused in an unsafe place.
whether or not the
victim is a minor
ARTICLE 276 - ABANDONING A MINOR
Elem ents:
The debtor himself The minor is compelled
(a) Offender has the custody of a child;
is the one to render services for
(b) The child is under seven years of age;
compelled to work the supposed debt of
(c) He abandons such child;
for the offender his parents or guardian
(d) He has no intent to kill the child when
the latter is abandoned.
Limited to Service is not limited
Circum stance
household work or
s qualifying the offense:
farm labor
(1) When the death of the minor resulted
from such abandonment; or
CHAPTER II: CRIMES AGAINST (2) If the life of the minor was in danger
SECURITY because of the abandonment.

The purpose in abandoning the minor under

ARTICLE 275 - ABANDONMENT OF
his custody is to avoid the obligation of taking
PERSONS IN DANGER AND
care of said minor.
ABANDONMENT OF OWN VICTIM
A permanent, conscious and deliberate
Mode 1: W /O detrim ent to self
abandonment is required in this article. There
Failing to render assistance to any person
must be an interruption of the care and
whom the offender finds in an uninhabited
protection the minor needs by reason of his
place, wounded or in danger of dying when
age.
he can render such assistance without
detriment to himself, unless such omission
Intent to kill cannot be presumed from the
shall constitute a more serious offense.
death of the child. When there is intent to kill,
Elem ents:
this article does not apply.
(1) The place is not inhabited;
(2) Accused found there a person wounded
The ruling that the intent to kill is presumed
or in danger of dying;
from the death of the victim of the crime is
(3) Accused can render assistance without
applicable only to crimes against persons,
detriment to himself;
and not to crimes against security,
(4) Accused fails to render assistance.
particularly the crime of abandoning a minor
under Art. 276.
MODE 2: accidentally wound another
Failing to help or render assistance to
If the offender is the parent of the minor who
another whom the offender has accidentally
is abandoned, he shall be deprived of
wounded or injured;
parental authority. (Civil Code, Art. 332)
MODE 3: abandoning a child < 7
ARTICLE 277 - ABANDONMENT OF MINOR
By failing to deliver a child, under seven years
BY PERSON ENTRUSTED WITH CUSTODY;
of age, whom the offender has found
INDIFFERENCE OF PARENTS
abandoned, to the authorities or to his family,
MODE 1: W /O consent of guardian
or by failing to deliver him to a safe place.
Delivering a minor to a public institution or
other persons without the consent of the one
PAGE 272 OF 342
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who entrusted such minor to the care of the
offender or, in the absence of that one,
without the consent of the proper authorities;
Elem ents:
(a) Offender has charge of the rearing or
education of a minor;
(b) He delivers said minor to a public
institution or other persons;
(c) The one who entrusted such child to the
offender has not consented to such act;
or if the one who entrusted such child to
the offender is absent, the proper
authorities have not consented to it.
MODE 2: neglecting education
Neglecting his (offender’s) children by not
giving them the education which their station
in life requires and financial condition permits.
Elem ents:
(a) Offender is a parent;
(b) He neglects his children by not giving
them education;
(c) His station in life requires such
education and his financial condition
permits it.
Obligation to educate children terminates if
the mother and children refuse without good
reason to live with the accused.
Failure to give education must be due to
deliberate desire to evade such obligation. If
the parents cannot give education because
they had no means to do so, then they will
not be liable under this article.
ARTICLE 278 - EXPLOITATION OF MINORS
Mode 1: Physical strength/contortion
Causing any boy or girl under 16 years of age
to perform any dangerous feat of balancing,
physical strength or contortion, the offender
being any person;
Mode 2: exhibition/acrobat/circus
Employing children under 16 years of age who
are not the children or descendants of the
offender in exhibitions of acrobat, gymnast,
rope-walker, diver, or wild-animal tamer, the
offender being an acrobat, etc., or circus
manager or engaged in a similar calling;
Mode 3: descendant em ployed like 2
Employing any descendant under 12 years of
age in dangerous exhibitions enumerated in
the next preceding paragraph, the offender
being engaged in any of the said callings;
CRIMINAL LAW 2 CRIMINAL LAW
Mode 4: delivering child under 16 to be
em ployed like 2
Delivering a child under 16 years of age
gratuitously to any person following any of
the callings enumerated in mode 2, or to any
habitual vagrant or beggar, the offender
being an ascendant, guardian, teacher or
person entrusted in any capacity with the
care of such child;
Mode 5: inducing child under 16 to
abandon hom e to be em ployed like 2
Inducing any child under 16 years of age to
abandon the home of its ascendants,
guardians, curators or teachers to follow any
person engaged in any of the callings
mentioned in paragraph 2 or to accompany
any habitual vagrant or beggar, the offender
being any person.
Circum stance qualifying the offense:
(1) If the delivery of the child to any person
following any of the calling of acrobat,
gymnast, rope-walker, diver, wild-
animal tamer or circus manager or to
any habitual vagrant or beggar is made
in consideration of any price,
compensation or promise.
(2) The offender is engaged in a kind of
business that would place the life or
limb of the minor in danger, even
though working for him is not against
the will of the minor.
Nature of the Business: this involves circuses
which generally attract children so they
themselves may enjoy working there unaware
of the danger to their own lives and limbs.
Age: Must be below 16 years. Article 278 has
no application if minor is 16 years old and
above, but the exploitation will be dealt with
by RA 7610.
If the employer is an ascendant, the crime is
not committed, unless the minor is less than
12 years old.
If the minor so employed would suffer some
injuries as a result of a violation of Article 278,
Article 279 provides that there would be
additional criminal liability for the resulting
felony.
PAGE 273 OF 342
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EXPLOITATION OF MINORS INDUCING A
(RPC 278, PAR. 5) MINOR TO
ABANDON HIS
HOME (RPC 271)
Purpose of inducing the No such
minor to abandon his home purpose
is to follow any person
engaged in any of the
callings mentioned
Victim is under 16 years of Victim is a
age minor (below 18
years of age)
ARTICLE 280 - QUALIFIED TRESPASS TO
DWELLING
Elem ents
(a) Offender is a private person;
(b) He enters the dwelling of another;
(c) Such entrance is against the latter’s will.
Qualifying circum stance:
The offense is committed by means of
violence or intimidation.
DWELLING – This is the place that a person
inhabits. It includes the dependencies which
have interior communication with the house.
It is not necessary that it be the permanent
dwelling of the person; hence, a person’s
room in a hotel may be considered a dwelling.
It also includes a room where one resides as a
boarder.
If the purpose in entering the dwelling is not
shown, trespass is committed. If the purpose
is shown, it may be absorbed in the crime as
in robbery with force upon things, the
trespass yielding to the more serious crime.
If the purpose is not shown and while inside
the dwelling he was found by the occupants,
one whom he subsequently injured if there
was a struggle, the crime committed will be
trespass to dwelling and frustrated homicide
or physical injuries, or if there was no injury,
unjust vexation.
If the entry is made by a way not intended for
entry, it is presumed to be against the will of
the occupant (example, entry through a
window).
PAGE 274 OF 342
CRIMINAL LAW
It is not necessary that there be a breaking.
“Against the will” – This means that the
entrance is, either expressly or impliedly,
prohibited or the prohibition is presumed.
It is a well-settled rule that whoever enters
the dwelling of another at late hour of the
night after the inmates have retired and
closed their doors does so against their will.
Prohibition is presumed. [US v Mesina; US v
Panes]
Prohibition must be in existence prior to or at
the time of entrance, but prohibition is not
necessary when violence or intimidation is
employed by the offender (qualified trespass).
Fraudulent entrance may constitute trespass.
The prohibition to enter may be made at any
time and not necessarily at the time of the
entrance.
To prove that an entry is against the will of
the occupant, it is not necessary that the
entry should be preceded by an express
prohibition, provided that the opposition of
the occupant is clearly established by the
circumstances under which the entry is made,
such as the existence of enmity or strained
relations between the accused and the
occupant.
If the offender is public officer, the
crime is violation of domicile.
Exam ples of trespass by m eans of
violence:
(1) Pushing the door violently and
maltreating the occupants after
entering.
(2) Cutting of a ribbon or string with which
the door latch of a closed room was
fastened. The cutting of the fastenings
of the door was an act of violence.
(3) Wounding by means of a bolo, the
owner of the house immediately after
entrance
Exam ples of trespass by m eans of
intim idation:
(1) Firing a revolver in the air by persons
attempting to force their way into a
house.
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(2) The flourishing of a bolo against (d) The trespasser has not secured the
inmates of the house upon gaining an permission of the owner or the caretaker
entrance thereof.

In the prosecution for trespass, the material Premises – signifies distinct and definite
fact or circumstance to be considered is the locality. It may mean a room, shop, building
occurrence of the trespass. The gravamen of or definite area, but in either case, locality is
the crime is violation of possession or the fact fixed.
of having caused injury to the right of the
possession. [Marzalado v. People] Qualified Trespass vs. Other Form s of
Trespass
If a person was killed after trespass by the QUALIFIED
offender, the following crimes are committed: OTHER FORMS OF
TRESPASS TO
o If there was no intent to kill when he TRESPASS
DWELLING
entered – separate crimes of homicide (ART. 281)
(ART. 280)
or murder qualified by trespass to
dwelling Offender is a The offender is any
o If there was intent to kill when he private person person
entered – the crime of Offender enters a Offender enters closed
homicide/murder with dwelling as an dwelling premises or fenced
aggravating circumstance estate
Trespass may be committed by the owner Place entered is Place entered is
of a dwelling (i.e. lessor enters the house inhabited uninhabited
leased to another against the latter’s will). Act constituting It is the entering the
the crime is closed premises or the
Cases to which the provision of this article is entering the fenced estate without
NOT applicable: dwelling against securing the permission
(1) If the entrance to another’s dwelling is the will of the of the owner or
made for the purpose of preventing owner caretaker thereof
some serious harm to himself, the
occupants of the dwelling, or a third Prohibition to enter Prohibition to enter
person. is express or must be manifest
(2) If the purpose is to render some service implied
to humanity or justice.
(3) If the place where entrance is made is a ARTICLE 282 - GRAVE THREATS
café, tavern, inn, and other public house, Mode 1: threatening, even not unlawful
while the same are open. Threatening another with the infliction upon
his person, honor or property or that of this
Note: A person who believes that a crime has family of any wrong amounting to a crime
been committed against him has every right and demanding money or imposing any other
to go after the culprit and arrest him without condition, even though not unlawful, and the
any warrant even if in the process he enters offender attained his purpose;
the house of another against the latter’s will. Elem ents:
[Sec. 6, Rule 113, Rules of Court] (a) Offender threatens another person with
the infliction upon the latter’s person,
ARTICLE 281 - OTHER FORMS OF honor or property, or upon that of the
TRESPASS latter’s family, of any wrong.
Elem ents: (b) Such wrong amounts to a crime.
(a) Offender enters the closed premises or (c) There is a demand for money or that any
the fenced estate of another; other condition is imposed, even though
(b) The entrance is made while either of not unlawful.
them is uninhabited; (d) Offender attains his purpose.
(c) The prohibition to enter is manifest;

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Mode 2: threat w/o attaining purpose
Making such threat without the offender
attaining his purpose;
Mode 3: threat = crim e
Threatening another with the infliction upon
his person, honor or property or that of his
family of any wrong amounting to a crime,
the threat not being subject to a condition.
Elem ents:
(a) Offender threatens another person with
the infliction upon the latter’s person,
honor or property, or upon that of the
latter’s family, of any wrong.
(b) Such wrong amounts to a crime.
(c) Threat is not subject to a condition.
Qualifying Circum stance:
If threat was made
(1) in writing OR
(2) through a middleman.
It is essential that there be intimidation.
As the crime consists in threatening another
with some future harm, it is not necessary
that the offended party was present at the
time the threats were made. It is sufficient
that the threats came to the knowledge of the
offended party.
When consummated: As soon as the threats
came to the knowledge of the offended party.
Threats made in connection with the
commission of other crimes are absorbed by
the latter.
The offender in grave threats does not
demand the delivery on the spot of the money
or other personal property demanded by him.
When threats are made and money is taken
on the spot, the crime may be robbery with
intimidation.
The penalties for the first two types of grave
threats depend upon the penalties for the
crimes threatened to be committed. One
degree lower if the purpose is attained, and
two degrees lower if the purpose is not
attained.
If the threat is not subject to a condition, the
penalty is fixed at arresto mayor and a fine
not exceeding 500 pesos.
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In the first two types, if the threat is made in
writing or through a middleman, the penalty
is to be imposed in its maximum period.
The third type of grave threats must be
serious and deliberate; the offender must
persist in the idea involved in his threats. The
threat should not be made in the heat of
anger, because such is punished under
Article 285. If the condition is not proved, it is
grave threats of the third type.
ARTICLE 283 - LIGHT THREATS
Elem ents:
(a) Offender makes a threat to commit a
wrong;
(b) The wrong does not constitute a crime;
(c) There is a demand for money or that
other condition is imposed, even though
not unlawful;
(d) Offender has attained his purpose or,
that he has not attained his purpose.
The harm threatened must not be in the
nature of crime and there is a demand for
money or any other condition is imposed,
even though lawful.
Blackmailing may be punished under this
article.
GRAVE THREATS LIGHT THREATS
Act threatened Act threatened does
amounts to a crime not amount to a crime
ARTICLE 284 - BOND FOR GOOD
BEHAVIOR
W hen a person is required to give bail
bond:
(1) When he threatens another under the
circumstances mentioned in Art. 282
(Grave Threats).
(2) When he threatens another under the
circumstances mentioned in Art. 283
(Light Threats).
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Bond for Good Behavior distinguished

from Bond to Keep the Peace OTHER LIGHT GRAVE THREATS AND
THREATS LIGHT THREATS
Bond for Good Bond to Keep the Peace
No demand for In certain cases, demand
Behavior
money for money is material
Applicable only Not made applicable to any
No condition In certain cases, imposed
to grave threats particular case
imposed condition is material.
and light
threats
Threat is not Threat is deliberate
If offender fails If the offender fails to give
deliberate
to give bail, he bond, he shall be detained
shall be for a period not exceeding 6
sentenced to months (if prosecuted for ARTICLE 286 - GRAVE COERCIONS
destierro grave/less grave felony) or Mode 1: preventing w/violence,
not exceeding 30 days (light som ething not prohibited by law
felony) Preventing another, by means of violence,
threats or intimidation, from doing
NOT a distinct A distinct penalty something not prohibited by law;
penalty
Mode 2: com pelling another to do
ARTICLE 285 – OTHER LIGHT THREATS som ething vs. will
Compelling another, by means of violence,
Mode 1: threat w/weapon in a quarrel threats or intimidation, to do something
Threatening another with a weapon, or by against his will, whether it be right or wrong.
drawing such weapon in a quarrel, unless it Elem ents:
be in lawful self-defense; (a) A person prevented another from doing
something not prohibited by law, or that
Mode 2: oral threat = crim e, in anger he compelled him to do something
Orally threatening another, in the heat of against his will; be it right or wrong;
anger, with some harm constituting a crime, (b) The prevention or compulsion be
without persisting in the idea involved in his effected by violence, threats or
threat; intimidation; and
(c) The person that restrained the will and
Mode 3: oral threat = not felony liberty of another had not the authority
Orally threatening to do another any harm of law or the right to do so, or in other
not constituting a felony. words, that the restraint shall not be
made under authority of law or in the
Under the first type, the subsequent acts of exercise of any lawful right.
the offender must show that he did not
persist in the idea involved in the threat. Two ways of com m itting Grave
Coercion:
Threats which are ordinarily grave threats, if (1) Preventive – Preventing another, by
made in the heat of anger, may be other light means of violence, threats, or
threats. intimidation, from doing something not
prohibited by law
If the threats are directed to a person who is (2) Compulsive – Compelling another, by
absent and uttered in a temporary fit of anger, means of violence, threats, or
the offense is only other light threats. intimidation, to do something against
his will, whether it be right or wrong

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Purpose of the Law:
To enforce the principle that no person may
take the law into his hands, and that our
government is one of law, not of men.
Arises only if the act which the offender
prevented another to do is not prohibited by
law or ordinance.
If a person prohibits another to do an act
because the act is a crime, even though some
sort of violence or intimidation is employed, it
would not give rise to grave coercion. It may
only give rise to threat or physical injuries, if
some injuries are inflicted.
In case of grave coercion where the offended
party is being compelled to do something
against his will, whether it be wrong or not,
the crime of grave coercion is committed if
violence or intimidation is employed in order
to compel him to do the act.
A public officer who shall prevent by means
of violence or threats the ceremonies or
manifestations of any religion is guilty of
interruption of religious worship (Art. 132).
Any person who, by force, prevents the
meeting of a legislative body is liable under
Art. 143.
Any person who shall use force or
intimidation to prevent any member of
Congress from attending the meetings
thereof, expressing his opinions, or casting
his vote is liable under Art. 145.
The crime is not grave coercion when the
violence is employed to seize anything
belonging to the debtor of the offender. It is
light coercion under Art. 287.
Coercion is consummated even if the
offended party did not accede to the purpose
of coercion.
The owner of a thing has no right to prohibit
the interference of another with the same, if
the interference is necessary to avert an
imminent danger and the threatened
damage, compared to the damage arising to
the owner from the interference, is much
greater. (Art. 432, Civil Code)
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Neither the crime of threats nor coercion is
committed although the accused, a branch
manager of a bank made the complainant
sign a withdrawal slip for the amount needed
to pay the spurious dollar check she had
encashed, and also made her execute an
affidavit regarding the return of the amount
against her better sense and judgment. The
complainant may have acted reluctantly and
with hesitation, but still, it was voluntary. [Lee
v. CA]
ARTICLE 287 - LIGHT COERCIONS
Elem ents:
(a) Offender must be a creditor;
(b) He seizes anything belonging to his
debtor:
(c) The seizure of the thing be
accomplished by means of violence or a
display of material force producing
intimidation;
(d) The purpose of the offender is to apply
the same to the payment of the debt.
Deals with light coercions wherein violence is
employed by the offender who is a creditor in
seizing anything belonging to his debtor for
the purpose of applying the same to the
payment of the debt.
Bar Question: A was caught peeping through
a small hole in the bathroom door while a
young 16-year-old was taking a bath. A liable
for: Light Coercion.
Reason: Unjust vexation is defined as any act
committed without violence, but which
unjustifiably annoys or vexes an innocent
person amounts to light coercion. It should
include any human conduct which, although
not productive of some physical or material
harm would, however, unjustifiably annoy or
vex an innocent person.
Unjust Vexation
Any act committed without violence, but
which unjustifiably annoys or vexes an
innocent person amounts to light coercion. It
should include any human conduct which,
although not productive of some physical or
material harm would, however, unjustifiably
annoy or vex an innocent person.
Unjust Vexation is distinguished from grave
coercion by the absence of violence.
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THREATS COERCION notes, vouchers, coupons or any other forms

alleged to represent legal tender is
Intimidation is Intimidation or absolutely prohibited even when expressly
essential violence is the essence requested by the employee. (Section 1, Rule
of the crime VIII, Book III, Omnibus Rules Implementing the
Intimidation is future Force or violence must Labor Code)
and conditional be imminent, actual,
and immediate No employer shall limit or otherwise interfere
with the freedom of any employee to dispose
Intimidation is Intimidation is of his wages. He shall not in any manner
directed against the directed against the force, compel, oblige his employees to
victim or his family victim only purchase merchandise, commodities or other
property from the employer or from any other
ARTICLE 288 - OTHER SIMILAR person. (Art. 112, Labor Code.)
COERCIONS
Mode 1: force/com pel to buy ARTICLE 289 - FORMATION,
commodities from him MAINTENANCE, AND PROHIBITION OF
Forcing or compelling, directly or indirectly, COMBINATION OF CAPITAL OR LABOR
or knowingly permitting the forcing or THROUGH VIOLENCE OR THREATS
compelling of the laborer or employee of the Elem ents:
offender to purchase merchandise of (a) Offender employs violence or threats, in
commodities of any kind from him; such a degree as to compel or force the
Elem ents: laborers or employers in the free and
(a) Offender is any person, agent or officer legal exercise of their industry or work;
of any association or corporation; (b) The purpose is to organize, maintain or
(b) He or such firm or corporation has prevent coalitions of capital or labor,
employed laborers or employees; strike of laborers or lockout of
(c) He forces or compels, directly or employers.
indirectly, or knowingly permits to be
forced or compelled, any of his or its Repealed by the Labor Code.
laborers or employees to purchase
merchandise or commodities of any kind CHAPTER III: DISCOVERY AND
from him or from said firm or REVELATION OF SECRETS
corporation.
ARTICLE 290 - DISCOVERING SECRETS
Mode 2: wages paid by token or obj THROUGH SEIZURE OF
Paying the wages due his laborer or CORRESPONDENCE
employee by means of tokens or object other Elem ents:
than the legal tender currency of the (a) Offender is a private individual or even a
Philippines, unless expressly requested by public officer not in the exercise of his
such laborer or employee. official function;
Elem ents: (b) He seizes the papers or letters of
(a) Offender pays the wages due a laborer another;
or employee employed by him by means (c) The purpose is to discover the secrets of
of tokens or object; such another person;
(b) Those tokens or objects are other than (d) Offender is informed of the contents of
the legal tender currency of the the papers or letters seized.
Philippines;
(c) Such employee or laborer does not This is a crime against the security of one’s
expressly request that he be paid by papers and effects. The purpose must be to
means of tokens or objects. discover its effects. The act violates the
privacy of communication.
General rule: wages shall be paid in legal
tender and the use of tokens, promissory

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According to Dean Ortega, it is not necessary
that the offender should actually discover the
contents of the letter. Reyes, citing People v.
Singh, CA, 40 OG, Suppl. 5, 35, believes
otherwise.
The last paragraph of Article 290 expressly
makes the provision of the first and second
paragraph thereof inapplicable to parents,
guardians, or persons entrusted with the
custody of minors placed under their care or
custody, and to the spouses with respect to
the papers or letters of either of them.
The teachers or other persons entrusted with
the care and education of minors are included
in the exceptions.
Distinction from estafa, damage to property,
and unjust vexation:
(1) If the act had been executed with intent
to gain, it would be estafa;
(2) If, on the other hand, the purpose was
not to defraud, but only to cause
damage to another, it would merit the
qualification of damage to property;
(3) If the intention was merely to cause
vexation preventing another to do
something which the law does not
prohibit or compel him to execute what
he does not want, the act should be
considered as unjust vexation.
ARTICLE 291 - REVEALING SECRETS WITH
ABUSE OF OFFICE
Elem ents:
(a) Offender is a manager, employee or
servant;
(b) He learns the secrets of his principal or
master in such capacity;
(c) He reveals such secrets.
An employee, manager, or servant who came
to know of the secret of his master or
principal in such capacity and reveals the
same shall also be liable regardless of
whether or not the principal or master
suffered damages.
Essence of this crime is that the offender
learned of the secret in the course of his
employment.
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He is enjoying a confidential relation with the
employer or master so he should respect the
privacy of matters personal to the latter.
Reason: no one has a right to the personal
privacy of another.
ARTICLE 292 - REVELATION OF
INDUSTRIAL SECRETS
Elem ents:
(a) Offender is a person in charge,
employee or workman of a
manufacturing or industrial
establishment;
(b) The manufacturing or industrial
establishment has a secret of the
industry which the offender has learned;
(c) Offender reveals such secrets;
(d) Prejudice is caused to the owner.
Secrets must relate to manufacturing
processes.
The act constituting the crime is revealing the
secret of the industry which the offender has
learned.
The revelation of the secret might be made
after the employee or workman had ceased to
be connected with the establishment.
Prejudice is an element of the offense.
SPECIAL LAWS
RA 4200 (ANTI WIRE TAPPING ACT)
Punishable Acts
It shall be unlawful for:
(1) Any person, not being authorized by all
the parties to any private
communication or spoken word, to tap
any wire or cable, or by using any other
device or arrangement, to secretly
overhear, intercept, or record such
communication or spoken word by using
a device commonly known as a
dictaphone or dictagraph or dictaphone
or walkie-talkie or tape recorder, or
however otherwise described:
(2) Any person, be he a participant or not in
the act or acts penalized in the next
preceding sentence, to knowingly
possess any tape record, wire record,
disc record, or any other such record, or
copies thereof, of any communication or
spoken word secured either before or
UP LAW BOC
after the effective date of this Act in the
manner prohibited by this law; or to
replay the same for any other person or
persons; or to communicate the
contents thereof, either verbally or in
writing, or to furnish transcriptions
thereof, whether complete or partial, to
any other person: Provided, That the use
of such record or any copies thereof as
evidence in any civil, criminal
investigation or trial of offenses
mentioned in section 3 hereof, shall not
be covered by this prohibition.
Section 2. Any person who willfully or
knowingly does or who shall aid, permit, or
cause to be done any of the acts declared to
be unlawful in the preceding section or who
violates the provisions of the following
section or of any order issued thereunder, or
aids, permits, or causes such violation shall,
upon conviction thereof, be punished by
imprisonment for not less than six months or
more than six years and with the accessory
penalty of perpetual absolute disqualification
from public office if the offender be a public
official at the time of the commission of the
offense, and, if the offender is an alien he
shall be subject to deportation proceedings.
Exceptions:
Any peace officer, who is authorized by a
written order of the Court, to execute any of
the acts declared to be unlawful in the two
preceding sections in cases involving the
crim es of treason, espionage,
provoking war and disloyalty in case
of war, piracy, m utiny in the high seas,
rebellion, conspiracy and proposal to
com m it rebellion, inciting to rebellion,
sedition, conspiracy to commit
sedition, inciting to sedition,
kidnapping as defined by the RPC, and
violations of Commonwealth Act No. 616,
punishing espionage and other offenses
against national security: Provided, That such
written order shall only be issued or granted
upon written application and the examination
under oath or affirmation of the applicant
and the witnesses he may produce and a
showing:
(1) that there are reasonable grounds to
believe that any of the crimes
enumerated hereinabove has been
committed or is being committed or is
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CRIMINAL LAW 2 CRIMINAL LAW
about to be committed: Provided,
however, That in cases involving the
offenses of rebellion, conspiracy and
proposal to commit rebellion, inciting to
rebellion, sedition, conspiracy to commit
sedition, and inciting to sedition, such
authority shall be granted only upon
prior proof that a rebellion or acts of
sedition, as the case may be, have
actually been or are being committed;
(2) that there are reasonable grounds to
believe that evidence will be obtained
essential to the conviction of any person
for, or to the solution of, or to the
prevention of, any of such crimes; and
(3) that there are no other means readily
available for obtaining such evidence.
RA 9327 (HUMAN SECURITY ACT)
Surveillance of Suspects and
Interception and Recording of
Com m unications
SEC. 7. The provisions of RA 4200 (Anti-wire
Tapping Law) to the contrary
notwithstanding, a police or law enforcement
official and the members of his team may,
upon a written order of the Court of Appeals,
listen to, intercept and record, with the use of
any mode, form, kind or type of electronic or
other surveillance equipment or intercepting
and tracking devices, or with the use of any
other suitable ways and means for that
purpose, any communication, message,
conversation, discussion, or spoken or written
words between members of a judicially
declared and outlawed terrorist organization,
association, or group of persons or of any
person charged with or suspected of the
crime of terrorism or conspiracy to commit
terrorism.
Provided, That surveillance, interception and
recording of communications between
lawyers and clients, doctors and patients,
journalists and their sources and confidential
business correspondence shall not be
authorized.
SEC. 8. Formal Application for Judicial
Authorization. - The written order of the
authorizing division of the Court of Appeals to
track down, tap, listen to, intercept, and
record communications, messages,
conversations, discussions, or spoken or
written words of any person suspected of the
UP LAW BOC CRIMINAL LAW 2
crime of terrorism or the crime of conspiracy
to commit terrorism shall only be granted by
the authorizing division of the Court of
Appeals upon an ex parte written application
of a police or of a law enforcement official
who has been duly authorized in writing by
the Anti-Terrorism Council created in Section
53 of this Act to file such ex parte application,
and upon examination under oath or
affirmation of the applicant and the
witnesses he may produce to establish: (a)
that there is probable cause to believe based
on personal knowledge of facts or
circumstances that the said crime of
terrorism or conspiracy to commit terrorism
has been committed, or is being committed,
or is about to be committed; (b) that there is
probable cause to believe based on personal
knowledge of facts or circumstances that
evidence, which is essential to the conviction
of any charged or suspected person for, or to
the solution or prevention of, any such crimes,
will be obtained; and, (c) that there is no
other effective means readily available for
acquiring such evidence.
SEC. 9. Classification and Contents of the
Order of the Court. - The written order granted
by the authorizing division of the Court of
Appeals as well as its order, if any, to extend
or renew the same, the original application of
the applicant, including his application to
extend or renew, if any, and the written
authorizations of the Anti-Terrorism Council
shall be deemed and are hereby declared as
classified information: Provided, That the
person being surveilled or whose
communications, letters, papers, messages,
conversations. Discussions, spoken or written
words and effects have been monitored,
listened to, bugged or recorded by law
enforcement authorities has the right to be
informed of the acts done by the law
enforcement authorities in the premises or to
challenge, if he or she intends to do so, the
legality of the interference before the Court of
Appeals which issued the written order. The
written order of the authorizing division of the
Court of Appeals shall specify the following:
(a) the identity, such as name and address, if
known, of the charged or suspected person
whose communications, messages,
conversations, discussions, or spoken or
written words are to be tracked down, tapped,
listened to, intercepted, and recorded and, in
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CRIMINAL LAW
the case of radio, electronic, or telephonic
(whether wireless or otherwise)
communications, messages, conversations,
discussions, or spoken or written words, the
electronic transmission systems or the
telephone numbers to be tracked down,
tapped, listened to, intercepted, and
recorded and their locations or if the person
suspected of the crime of terrorism or
conspiracy to commit terrorism is not fully
known, such person shall be subject to
continuous surveillance provided there is a
reasonable ground to do so; (b) the identity
(name, address, and the police or law
enforcement organization) of the police or of
the law enforcement official, including the
individual identity (names, addresses, and
the police or law enforcement organization)
of the members of his team, judicially
authorized to track down, tap, listen to,
intercept, and record the communications,
messages, conversations, discussions, or
spoken or written words; (c) the offense or
offenses committed, or being committed, or
sought to be prevented; and, (d) the length of
time within which the authorization shall be
used or carried out.
SEC. 10. Effective Period of Judicial
Authorization. - Only for the length of time
specified in the written order of the
authorizing division of the Court of Appeals,
which shall not exceed a period of thirty (30)
days from the date of receipt of the written
order of the authorizing division of the CA by
the applicant police or law enforcement
official.
The authorizing division of the CA may extend
or renew the said authorization for another
non-extendible period, which shall not
exceed 30 days from the expiration of the
original period: Provided, That the
authorizing division of the CA is satisfied that
such extension or renewal is in the public
interest: and Provided, further, That the ex
parte application for extension or renewal,
which must be filed by the original applicant,
has been duly authorized in writing by the
Anti-Terrorism Council.
In case of death of the original applicant or in
case he is physically disabled to file the
application for extension or renewal, the one
next in rank to the original applicant among
UP LAW BOC
the members of the team named in the
original written order of the authorizing
division of the CA shall file the application for
extension or renewal: Provided, That, without
prejudice to the liability of the police or law
enforcement personnel under Section 20
hereof, the applicant police or law
enforcement official shall have thirty (30)
days after the termination of the period
granted by the Court of Appeals as provided
in the preceding paragraphs within which to
file the appropriate case before the Public
Prosecutor’s Office for any violation of this
Act.
If no case is filed within the thirty (30)-day
period, the applicant police or law
enforcement official shall immediately notify
the person subject of the surveillance,
interception and recording of the termination
of the said surveillance, interception and
recording. The penalty of ten (10) years and
one day to twelve (12) years of imprisonment
shall be imposed upon the applicant police or
law enforcement official who fails to notify
the person subject of the surveillance,
monitoring, interception and recording as
specified above.
SEC. 11. Custody of Intercepted and Recorded
Communications. - All tapes, discs, and
recordings made pursuant to the
authorization of the authorizing division of
the CA, including all excerpts and summaries
thereof as well as all written notes or
memoranda made in connection therewith,
shall, within forty-eight (48) hours after the
expiration of the period fixed in the written
order of the authorizing division of the CA or
within forty-eight (48) hours after the
expiration of any extension or renewal
granted by the authorizing division of the
Court of Appeals, be deposited with the
authorizing Division of the CA in a sealed
envelope or sealed package, as the case may
be, and shall be accompanied by a joint
affidavit of the applicant police or law
enforcement official and the members of his
team.
In case of death of the applicant or in case he
is physically disabled to execute the required
affidavit, the one next in rank to the applicant
among the members of the team named in
the written order of the authorizing division of
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the CA shall execute with the members of the
team that required affidavit.
It shall be unlawful for any person, police
officer or any custodian of the tapes, discs
and recording, and their excerpts and
summaries, written notes or memoranda to
copy in whatever form, to remove, delete,
expunge, incinerate, shred or destroy in any
manner the items enumerated above in
whole or in part under any pretext
whatsoever.
Any person who removes, deletes, expunges
incinerates, shreds or destroys the items
enumerated above shall suffer a penalty of
not less than six (6) years and one day to
twelve (12) years of imprisonment.
SEC. 12. Contents of Joint Affidavit. - The
joint affidavit of the police or of the law
enforcement official and the individual
members of his team shall state: (a) the
number of tapes, discs, and recordings that
have been made, as well as the number of
excerpts and summaries thereof and the
number of written notes and memoranda, if
any, made in connection therewith; (b) the
dates and times covered by each of such
tapes, discs, and recordings; (c) the number
of tapes, discs, and recordings, as well as the
number of excerpts and summaries thereof
and the number of written notes and
memoranda made in connection therewith
that have been included in the deposit; and
(d) the date of the original written
authorization granted by the Anti-Terrorism
Council to the applicant to file the ex parte
application to conduct the tracking down,
tapping, intercepting, and recording, as well
as the date of any extension or renewal of the
original written authority granted by the
authorizing division of the Court of Appeals.
The joint affidavit shall also certify under oath
that no duplicates or copies of the whole or
any part of any of such tapes, discs, and
recordings, and that no duplicates or copies
of the whole or any part of any of such
excerpts, summaries, written notes, and
memoranda, have been made, or, if made,
that all such duplicates and copies are
included in the sealed envelope or sealed
package, as the case may be, deposited with
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the authorizing division of the Court of
Appeals.
It shall be unlawful for any person, police or
law enforcement official to omit or exclude
from the joint affidavit any item or portion
thereof mentioned in this Section.
Any person, police or law enforcement officer
who violates any of the acts proscribed in the
preceding paragraph shall suffer the penalty
of not less than ten (10) years and one day to
twelve (12) years of imprisonment.
SEC. 13. Disposition of Deposited Materials. -
The sealed envelope or sealed package and
the contents thereof, which are deposited
with the authorizing division of the Court of
Appeals, shall be deemed and are hereby
declared classified information, and the
sealed envelope or sealed package shall not
be opened and its contents (including the
tapes, discs, and recordings and all the
excerpts and summaries thereof and the
notes and memoranda made in connection
therewith) shall not be divulged, revealed,
read, replayed, or used as evidence unless
authorized by written order of the authorizing
division of the Court of Appeals, which
written order shall be granted only upon a
written application of the Department of
Justice filed before the authorizing division of
the Court of Appeals and only upon a
showing that the Department of Justice has
been duly authorized in writing by the Anti-
Terrorism Council to file the application with
proper written notice to the person whose
conversation, communication, message
discussion or spoken or written words have
been the subject of surveillance, monitoring,
recording and interception to open, reveal,
divulge, and use the contents of the sealed
envelope or sealed package as evidence.
Any person, law enforcement official or
judicial authority who violates his duty to
notify in writing the persons subject of the
surveillance as defined above shall suffer the
penalty of six (6) years and one day to eight
(8) years of imprisonment.
SEC. 14. Application to Open Deposited
Sealed Envelop or Sealed Package. - The
written application with notice to the party
concerned to open the deposited sealed
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envelope or sealed package shall clearly
state the purpose or reason: (a) for opening
the sealed envelope or sealed package; (b)
for revealing or disclosing its classified
contents; (c) for replaying, divulging, and or
reading any of the listened to, intercepted,
and recorded communications, messages,
conversations, discussions, or spoken or
written words (including any of the excerpts
and summaries thereof and any of the notes
or memoranda made in connection
therewith); and, (d) for using any of said
listened to, intercepted, and recorded
communications, messages, conversations,
discussions, or spoken or written words
(including any of the excerpts and summaries
thereof and any of the notes or memoranda
made in connection therewith) as evidence.
Any person, law enforcement official or
judicial authority who violates his duty to
notify as defined above shall suffer the
penalty of six (6) years and one day to eight
(8) years of imprisonment.
SEC. 15. Evidentiary Value of Deposited
Materials. - Any listened to, intercepted, and
recorded communications, messages,
conversations, discussions, or spoken or
written words, or any part or parts thereof, or
any information or fact contained therein,
including their existence, content, substance,
purport, effect, or meaning, which have been
secured in violation of the pertinent
provisions of this Act, shall absolutely not be
admissible and usable as evidence against
anybody in any judicial, quasi-judicial,
legislative, or administrative investigation,
inquiry, proceeding, or hearing.
SEC. 16. Penalty for Unauthorized or
malicious Interceptions and/or Recordings. -
Any police or law enforcement personnel who,
not being authorized to do so by the
authorizing division of the Court of Appeals,
tracks down, taps, listens to, intercepts, and
records in whatever manner or form any
communication, message, conversation,
discussion, or spoken or written word of a
person charged with or suspected of the
crime of terrorism or the crime of conspiracy
to commit terrorism shall be guilty of an
offense and shall suffer the penalty of ten (10)
years and one day to twelve (12) years of
imprisonment.
UP LAW BOC CRIMINAL LAW 2
In addition to the liability attaching to the
offender for the commission of any other
offense, the penalty of ten (10) years and one
day to twelve (12) years of imprisonment and
the accessory penalty of perpetual absolute
disqualification from public office shall be
imposed upon any police or law enforcement
personnel who maliciously obtained an
authority from the Court of Appeals to track
down, tap, listen to, intercept, and record in
whatever manner or form any communication,
message, conversation, discussion, or spoken
or written words of a person charged with or
suspected of the crime of terrorism or
conspiracy to commit terrorism: Provided,
That notwithstanding Section 13 of this Act,
the party aggrieved by such authorization
shall be allowed access to the sealed
envelope or sealed package and the contents
thereof as evidence for the prosecution of any
police or law enforcement personnel who
maliciously procured said authorization.
Restriction on Travel
SEC. 26. Restriction on Travel. – In cases
where evidence of guilt is not strong, and the
person charged with the crime of terrorism or
conspiracy to commit terrorism is entitled to
bail and is granted the same, the court, upon
application by the prosecutor, shall limit the
right of travel of the accused to within the
municipality or city where he resides or where
the case is pending, in the interest of national
security and public safety, consistent with
Article III, Section 6 of the Constitution.
Travel outside of said municipality or city,
without the authorization of the court, shall
be deemed a violation of the terms and
conditions of his bail, which shall then be
forfeited as provided under the Rules of Court.
He or she may also be placed under house
arrest by order of the court at his or her usual
place of residence.
While under house arrest, he or she may not
use telephones, cellphones, e-mails,
computers, the internet or other means of
communications with people outside the
residence until otherwise ordered by the court.
The restrictions abovementioned shall be
terminated upon the acquittal of the accused
or of the dismissal of the case filed against
PAGE 285 OF 342
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him or earlier upon the discretion of the court
on motion of the prosecutor or of the accused.
Exam ination of Bank Deposits and
Documents
JUDICIAL AUTHORIZATION
SEC. 27. Judicial Authorization Required to
Examine Bank Deposits, Accounts, and
Records. - The provisions of Republic Act No.
1405 as amended, to the contrary
notwithstanding, the justices of the Court of
Appeals designated as a special court to
handle anti-terrorism cases after satisfying
themselves of the existence of probable
cause in a hearing called for that purpose
that (1) a person charged with or suspected of
the crime of terrorism or conspiracy to
commit terrorism, (2) of a judicially declared
and outlawed terrorist organization,
association, or group of persons, and (3) of a
member of such judicially declared and
outlawed organization, association, or group
of persons, may authorize in writing any
police or law enforcement officer and the
members of his/her team duly authorized in
writing by the anti-terrorism council to: (a)
examine, or cause the examination of, the
deposits, placements, trust accounts, assets
and records in a bank or financial institution;
and (b) gather or cause the gathering of any
relevant information about such deposits,
placements, trust accounts, assets, and
records from a bank or financial institution.
The bank or financial institution concerned
shall not refuse to allow such examination or
to provide the desired information, when so
ordered by and served with the written order
of the Court of Appeals.
Application
SEC. 28. Application to Examine Bank
Deposits, Accounts, and Records. - The
written order of the Court of Appeals
authorizing the examination of bank deposits,
placements, trust accounts, assets, and
records: (1) of a person charged with or
suspected of the crime of terrorism or
conspiracy to commit terrorism, (2) of any
judicially declared and outlawed terrorist
organization, association, or group of persons,
or (3) of any member of such organization,
association, or group of persons in a bank or
financial institution, and the gathering of any
relevant information about the same from
said bank or financial institution, shall only
be granted by the authorizing division of the
UP LAW BOC CRIMINAL LAW 2
Court of Appeals upon an ex parte
application to that effect of a police or of a
law enforcement official who has been duly
authorized in writing to file such ex parte
application by the Anti-Terrorism Council
created in Section 53 of this Act to file such ex
parte application, and upon examination
under oath or affirmation of the applicant
and the witnesses he may produce to
establish the facts that will justify the need
and urgency of examining and freezing the
bank deposits, placements, trust accounts,
assets, and records: (1) of the person charged
with or suspected of the crime of terrorism or
conspiracy to commit terrorism, (2) of a
judicially declared and outlawed terrorist
organization, association or group of persons,
or (3) of any member of such organization,
association, or group of persons.
SEC. 29. Classification and Contents of the
Court Order Authorizing the Examination of
Bank Deposits, Accounts, and Records. - The
written order granted by the authorizing
division of the Court of Appeals as well as its
order, if any, to extend or renew the same, the
original ex parte application of the applicant,
including his ex parte application to extend or
renew, if any, and the written authorizations
of the Anti Terrorism Council, shall be
deemed and are hereby declared as classified
information: Provided, That the person whose
bank deposits, placements, trust accounts,
assets, and records have been examined,
frozen, sequestered and seized by law
enforcement authorities has the right to be
informed of the acts done by the law
enforcement authorities in the premises or to
challenge, if he or she intends to do so, the
legality of the interference. The written order
of the authorizing division of the Court of
Appeals designated to handle cases involving
terrorism shall specify: (a) the identity of the
said: (1) person charged with or suspected of
the crime of terrorism or conspiracy to
commit terrorism, (2) judicially declared and
outlawed terrorist organization, association,
or group of persons, and (3) member of such
judicially declared and outlawed organization,
association, or group of persons, as the case
may be, whose deposits, placements, trust
accounts, assets, and records are to be
examined or the information to be gathered;
(b) the identity of the bank or financial
institution where such deposits, placements,
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trust accounts, assets, and records are held
and maintained; (c) the identity of the
persons who will conduct the said
examination and the gathering of the desired
information; and, (d) the length of time the
authorization shall be carried out.
SEC. 30. Effective Period of Court
Authorization to Examine and Obtain
Information on Bank Deposits, Accounts, and
Records. - The authorization issued or
granted by the authorizing division of the
Court of Appeals to examine or cause the
examination of and to freeze bank deposits,
placements, trust accounts, assets, and
records, or to gather information about the
same, shall be effective for the length of time
specified in the written order of the
authorizing division of the Court of Appeals,
which shall not exceed a period of thirty (30)
days from the date of receipt of the written
order of the authorizing division of the Court
of Appeals by the applicant police or law
enforcement official.
The authorizing division of the Court of
Appeals may extend or renew the said
authorization for another period, which shall
not exceed thirty (30) days renewable to
another thirty (30) days from the expiration of
the original period, provided that the
authorizing division of the Court of Appeals is
satisfied that such extension or renewal is in
the public interest, and provided further that
the application for extension or renewal,
which must be filed by the original applicant,
has been duly authorized in writing by the
Anti-Terrorism Council.
In case of death of the original applicant or in
case he is physically disabled to file the
application for extension or renewal, the one
next in rank to the original applicant among
the members of the team named in the
original written order of the authorizing
division of the Court of Appeals shall file the
application for extension or renewal:
Provided, That, without prejudice to the
liability of the police or law enforcement
personnel under Section 19 hereof, the
applicant police or law enforcement official
shall have thirty (30) days after the
termination of the period granted by the
Court of Appeals as provided in the preceding
paragraphs within which to file the
UP LAW BOC CRIMINAL LAW 2
appropriate case before the Public
Prosecutor’s Office for any violation of this
Act.
If no case is filed within the thirty (30)-day
period, the applicant police or law
enforcement official shall immediately notify
in writing the person subject of the bank
examination and freezing of bank deposits,
placements, trust accounts, assets and
records. The penalty of ten (10) years and one
day to twelve (12) years of imprisonment shall
be imposed upon the applicant police or law
enforcement official who fails to notify in
writing the person subject of the bank
examination and freezing of bank deposits,
placements, trust accounts, assets and
records.
Any person, law enforcement official or
judicial authority who violates his duty to
notify in writing as defined above shall suffer
the penalty of six (6) years and one day to
eight (8) years of imprisonment.
SEC. 31. Custody of Bank Data and
Information Obtained after Examination of
Deposits, Placements, Trust Accounts, Assets
and Records. - All information, data, excerpts,
summaries, notes, memoranda, working
sheets, reports, and other documents
obtained from the examination of the bank
deposits, placements, trust accounts, assets
and records of: (1) a person charged with or
suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism, (2) a
judicially declared and outlawed terrorist
organization, association, or group of persons,
or (3) a member of any such organization,
association, or group of persons shall, within
forty-eight (48) hours after the expiration of
the period fixed in the written order of the
authorizing division of the Court of Appeals or
within forty-eight (48) hours after the
expiration of the extension or renewal
granted by the authorizing division of the
Court of Appeals, be deposited with the
authorizing division of the Court of Appeals in
a sealed envelope or sealed package, as the
case may be, and shall be accompanied by a
joint affidavit of the applicant police or law
enforcement official and the persons who
actually conducted the examination of said
bank deposits, placements, trust accounts,
assets and records.
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CRIMINAL LAW
SEC. 32. Contents of Joint Affidavit. - The
joint affidavit shall state: (a) the identifying
marks, numbers, or symbols of the deposits,
placements, trust accounts, assets, and
records examined; (b) the identity and
address of the bank or financial institution
where such deposits, placements, trust
accounts, assets, and records are held and
maintained; (c) the number of bank deposits,
placements, trust accounts, assets, and
records discovered, examined, and frozen; (d)
the outstanding balances of each of such
deposits, placements, trust accounts, assets;
(e) all information, data, excerpts, summaries,
notes, memoranda, working sheets, reports,
documents, records examined and placed in
the sealed envelope or sealed package
deposited with the authorizing division of the
Court of Appeals; (f) the date of the original
written authorization granted by the Anti-
Terrorism Council to the applicant to file the
ex parte application to conduct the
examination of the said bank deposits,
placements, trust accounts, assets and
records, as well as the date of any extension
or renewal of the original written
authorization granted by the authorizing
division of the Court of Appeals; and (g) that
the items enumerated were all that were
found in the bank or financial institution
examined at the time of the completion of the
examination.
The joint affidavit shall also certify under oath
that no duplicates or copies of the
information, data, excerpts, summaries,
notes, memoranda, working sheets, reports,
and documents acquired from the
examination of the bank deposits,
placements, trust accounts, assets and
records have been made, or, if made, that all
such duplicates and copies are placed in the
sealed envelope or sealed package deposited
with the authorizing division of the Court of
Appeals.
It shall be unlawful for any person, police
officer or custodian of the bank data and
information obtained after examination of
deposits, placements, trust accounts, assets
and records to copy, to remove, delete,
expunge, incinerate, shred or destroy in any
manner the items enumerated above in
UP LAW BOC CRIMINAL LAW 2
whole or in part under any pretext
whatsoever.
Any person who copies, removes, deletes,
expunges incinerates, shreds or destroys the
items enumerated above shall suffer a
penalty of not less than six (6) years and one
day to twelve (12) years of imprisonment.
Unauthorized Revelation of Classified
Materials
SEC. 46. Penalty for Unauthorized Revelation
of Classified Materials. - The penalty of ten
(10) years and one day to twelve (12) years of
imprisonment shall be imposed upon any
person, police or law enforcement agent,
judicial officer or civil servant who, not being
authorized by the Court of Appeals to do so,
reveals in any manner or form any classified
information under this Act.
RA 9208: ANTI-TRAFFICKING IN PERSONS
ACT OF 2003
Trafficking in Persons - refers to the
recruitment, transportation, transfer or
harboring, or receipt of persons with or
without the victim's consent or knowledge,
within or across national borders by means of
threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse
of power or of position, taking advantage of
the vulnerability of the person, or, the giving
or receiving of payments or benefits to
achieve the consent of a person having
control over another person for the purpose
of exploitation which includes at a minimum,
the exploitation or the prostitution of others
or other forms of sexual exploitation, forced
labor or services, slavery, servitude or the
removal or sale of organs.
The recruitment, transportation, transfer,
harboring or receipt of a child for the purpose
of exploitation shall also be considered as
"trafficking in persons" even if it does not
involve any of the means set forth in the
preceding paragraph.
Punishable Acts
Section 4. Acts of Trafficking in Persons. - It
shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(1) To recruit, transport, transfer; harbor,
provide, or receive a person by any
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CRIMINAL LAW
means, including those done under the
pretext of domestic or overseas
employment or training or
apprenticeship, for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(2) To introduce or match for money, profit,
or material, economic or other
consideration, any person or, as
provided for under Republic Act No.
6955, any Filipino woman to a foreign
national, for marriage for the purpose of
acquiring, buying, offering, selling or
trading him/her to engage in
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(3) To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them
to engage in prostitution, pornography,
sexual exploitation, forced labor or
slavery, involuntary servitude or debt
bondage;
(4) To undertake or organize tours and
travel plans consisting of tourism
packages or activities for the purpose of
utilizing and offering persons for
prostitution, pornography or sexual
exploitation;
(5) To maintain or hire a person to engage
in prostitution or pornography;
(6) To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or
debt bondage;
(7) To recruit, hire, adopt, transport or
abduct a person, by means of threat or
use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose
of removal or sale of organs of said
person; and
(8) To recruit, transport or adopt a child to
engage in armed activities in the
Philippines or abroad.
Section 5. Acts that Promote Trafficking in
Persons. - The following acts which promote
or facilitate trafficking in persons, shall be
unlawful to:
(1) knowingly lease or sublease, use or
allow to be used any house, building or
UP LAW BOC CRIMINAL LAW 2
establishment for the purpose of
promoting trafficking in persons;
(2) produce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and
certificates of any government agency
which issues these certificates and
stickers as proof of compliance with
government regulatory and pre-
departure requirements for the purpose
of promoting trafficking in persons;
(3) advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including the
use of information technology and the
internet, of any brochure, flyer, or any
propaganda material that promotes
trafficking in persons;
(4) assist in the conduct of
misrepresentation or fraud for purposes
of facilitating the acquisition of
clearances and necessary exit
documents from government agencies
that are mandated to provide pre-
departure registration and services for
departing persons for the purpose of
promoting trafficking in persons;
(5) facilitate, assist or help in the exit and
entry of persons from/to the country at
international and local airports,
territorial boundaries and seaports who
are in possession of unissued, tampered
or fraudulent travel documents for the
purpose of promoting trafficking in
persons;
(6) confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of trafficked
persons in furtherance of trafficking or
to prevent them from leaving the
country or seeking redress from the
government or appropriate agencies;
and
(7) knowingly benefit from, financial or
otherwise, or make use of, the labor or
services of a person held to a condition
of involuntary servitude, forced labor, or
slavery.
Section 6. Qualified Trafficking in Persons. -
The following are considered as qualified
trafficking:
(1) When the trafficked person is a child;
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CRIMINAL LAW
(2) When the adoption is effected through
Republic Act No. 8043, otherwise
known as the "Inter-Country Adoption
Act of 1995" and said adoption is for the
purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(3) When the crime is committed by a
syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if
carried out by a group of three (3) or
more persons conspiring or
confederating with one another. It is
deemed committed in large scale if
committed against three (3) or more
persons, individually or as a group;
(4) When the offender is an ascendant,
parent, sibling, guardian or a person
who exercises authority over the
trafficked person or when the offense is
committed by a public officer or
employee;
(5) When the trafficked person is recruited
to engage in prostitution with any
member of the military or law
enforcement agencies;
(6) When the offender is a member of the
military or law enforcement agencies;
and
(7) When by reason or on occasion of the
act of trafficking in persons, the
offended party dies, becomes insane,
suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or
the Acquired Immune Deficiency
Syndrome (AIDS).
UP LAW BOC CRIMINAL LAW 2
Title X. Crimes against
Property
Chapter I: Robbery in General
(1) Article 293 - Who Are Guilty of Robbery
(2) Article 294 - With Violence or
Intimidation of Persons
(3) Article 295 - Robbery with Physical
Injuries, in an Uninhabited Place and by
a Band
(4) Article 296 - Definition of a Band and
Penalty Incurred by the Members
Thereof
(5) Article 297 - Attempted and Frustrated
Robbery with Homicide
(6) Article 298 - Execution of Deeds
through Violence or Intimidation
(7) Article 299 - Robbery in an Inhabited
House or Public Building or Edifice
Devoted to Worship
(8) Article 300 - Robbery in an Uninhabited
Place and by a Band
(9) Article 302 - In an Uninhabited Place or
Private Building
(10) Article 303 - Robbery of Cereals, Fruits
or Firewood in an Inhabited Place or
Private Building
(11) Article 304 - Possession of Picklock or
Similar Tools
(12) Article 305 - False Keys
Chapter 2: Brigandage
(1) Article 306 - Who Are Brigands
(2) Article 307 - Aiding and Abetting a Band
of Brigands
Chapter 3: Theft
(1) Article 308 - Who Are Liable for Theft
(2) Article 309 – Penalties
(3) Article 310 - Qualified Theft
(4) Article 311 - Theft of the Property of the
National Library and National Museum
Chapter 4: Usurpation
(1) Article 312 - Occupation of Real Property
or Usurpation of Real Rights in Property
(2) Article 313 - Altering Boundaries or
Landmarks
Chapter 5: Culpable Insolvency
(1) Article 314 - Fraudulent Insolvency
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CRIMINAL LAW
Chapter 6: Swindling
(1) Article 315 – Estafa
(2) Article 316 - Other Forms of Swindling
(3) Article 317 - Swindling of a Minor
(4) Article 318 - Other Deceits
Chapter 7: Chattel mortgage
(1) Article 319 - Removal, Sale, or Pledge of
Mortgaged Property
Chapter 8: Arson and other Crimes
involving Destruction
Chapter 9: Malicious mischief
(1) Article 327 - Who Are Responsible
(2) Article 328 - Special Cases of Malicious
Mischief
(3) Article 329 - Other Mischiefs
(4) Article 330 - Damage and Obstruction
to Means of Communication
(5) Article 331 - Destroying or Damaging
Statues, Public Monuments or Paintings
Chapter 10: Exemption from Criminal
Liability
(1) Article 332 - Exemption from Criminal
Liability in Crimes Against Property
CHAPTER I: ROBBERY IN GENERAL
ARTICLE 293 - WHO ARE GUILTY OF
ROBBERY
Elem ents of Robbery in General:
(a) Personal property
(b) Belonging to another
(c) There is unlawful taking
(d) With Intent to gain
(e) Violence against or intimidation of any
person OR force upon anything
The property taken must be personal, if real
property/right is usurped the crime is
usurpation (Art. 312).
Prohibitive articles may be the subject of
robbery, e.g., opium
From the moment the offender gains
possession of the object, even without the
chance to dispose of the same, the unlawful
taking is complete.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

“Taking” – depriving the offended party of

possession of the thing taken with the VIOLENCE AGAINST USE OF FORCE UPON
character of permanency. OR INTIMIDATION OF THINGS
PERSON
Intent to gain is presumed from the unlawful
taking. It cannot be established by direct The taking is always The taking is robbery
evidence, except in case of confession. robbery. only if force is used to:
(1) enter the building
It is not necessary that violence or (2) break doors,
intimidation is present from the beginning. If wardrobes,
the violence or intimidation at any time chests, or any
before asportation is complete, the taking of other kind of
property is qualified to robbery. locked or sealed
furniture or
W hen is UNLAW FUL TAKING com plete? receptacle inside
In Robbery with violence against or the building; OR
intim idation of persons, even if the (3) force them open
culprit has had no opportunity to dispose of outside after
the same, the unlawful taking is complete. taking the same
There is no frustrated stage. from the building
(Art. 299 & 302)
In Robbery with force upon things, the thing Value of the thing If committed in an
must be taken out of the building to taken is immaterial. inhabited house,
consummate the crime. There is a The penalty depends public building, or
FRUSTRATED STAGE. (e.g. when the culprit on: edifice devoted to
had already broken the floor of the bodega, (1) the result of the religious worship, the
had entered it, and had removed one sack of violence used penalty is based on:
sugar from the pile, but was caught in the act (homicide, rape, (1) the value of the
of taking out the sack through the opening of intentional thing taken and
the door, crime committed is FRUSTRATED mutilation, (2) whether or not the
ROBBERY) serious physical offenders carry
injuries, less arms;
W hen is violence com m itted? serious or slight
GENERAL RULE: Violence or intimidation physical injuries
must be present BEFORE the taking of resulted) and
personal property is complete. (2) the existence of
intimidation only
EXCEPTION: When violence results in
homicide, rape, intentional mutilation, or any
of the serious physical injuries penalized in ARTICLE 294 – ROBBERY WITH VIOLENCE
par. 1 and 2 of Art. 263, the taking of the AGAINST OR INTIMIDATION OF PERSONS
personal property is robbery complexed with Acts punished under Art 294:
any of those crimes under Art. 294, even if (1) When by reason or on occasion of the
the taking was already complete when robbery, Hom icide is committed.
violence was used by the offender. (Robbery with Homicide)
(2) When the robbery is accompanied by
Rape or Intentional Mutilation or
Arson. (Robbery with Rape, Robbery
with Intentional Mutilation, Robbery with
Arson)
(3) When by reason or on occasion of such
robbery, any of the Physical Injuries
resulting in insanity, imbecility,
impotency, or blindness is inflicted.

PAGE 291 OF 342

UP LAW BOC CRIMINAL LAW 2
(4) When by reason or on occasion of
robbery, any of the Physical Injuries
resulting in the loss of the use of speech
or the power to hear or to smell, or the loss
of an eye, a hand, a foot, an arm or a leg
or the loss of the use of any such member,
or incapacity for the work in which the
injured person is theretofore habitually
engaged is inflicted.
(5) If the violence or intim idation
employed in the commission of the
robbery is carried to a degree clearly
unnecessary for the commission of the
crime.
(6) When in the course of its execution, the
offender shall have inflicted upon any
person not responsible for the
commission of the robbery any of the
Physical Injuries in consequence of
which the person injured becomes
deformed or loses any other member of
his body or loses the use thereof or
becomes ill or incapacitated for the
performance of the work in which he is
habitually engaged for labor for more
than 90 days or the person injured
becomes ill or incapacitated for labor for
more than 30 days.
(7) If the violence employed by the offender
does not cause any of the serious
physical injuries defined in Art. 263, or if
the offender employs intimidation only.
The crime defined in this article is a special
complex crime.
“On the occasion” and “by reason”
mean that homicide or serious physical
injuries must be committed in the course or
because of the robbery.
The violence must be against the person, not
upon the thing taken. It must be present
before the taking of personal property is
complete.
“Homicide” is used in its generic sense, as to
include parricide and murder. Hence, there is
no robbery with murder. The crime is still
robbery with homicide even if, in the course of
the robbery, the person killed was another
robber or a bystander.
Even if the rape was committed in another
place, it is still robbery with rape. When the
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CRIMINAL LAW
taking of personal property of a woman is an
independent act following defendant’s failure
to consummate the rape, there are two
distinct crimes committed: attempted rape
and theft. Additional rape committed on the
same occasion of robbery will not increase
the penalty.
Absence of intent to gain will make the taking
of personal property grave coercion if there is
violence used (Art. 286).
If both violence/intimidation of persons (294)
and force upon things (299/302) co-exist, it
will be considered as violation of Art 294
because it is more serious than in Art
299/302.
BUT when robbery is under Art 294 par 4 & 5
the penalty is lower than in Art 299 so the
complex crime should be imputed for the
higher penalty to be imposed without
sacrificing the principle that robbery w/
violence against persons is more severe than
that w/ force upon things. [Napolis v. CA
(1972)]
When the taking of the victim’s gun was to
prevent the victim from retaliating, then the
crimes committed are theft and homicide not
robbery with homicide. [People v. Millian
(2000)]
These offenses are known as SPECIAL
COMPLEX CRIMES. Crimes defined under
this article are the following:
(1) Robbery with homicide
(2) Robbery with rape
(3) Robbery with intentional mutilation
(4) Robbery with arson
(5) Robbery with serious physical injuries
ROBBERY W ITH HOMICIDE;
(Absorption Theory applied)
Attempted homicide or attempted murder
committed during or on the occasion of the
robbery, as in this case, is absorbed in the
crime of Robbery with Homicide which is a
special complex crime that remains
fundamentally the same regardless of the
number of homicides or injuries committed in
connection with the robbery. [People v.
Cabbab, Jr. (2007)]
UP LAW BOC CRIMINAL LAW 2
ROBBERY W ITH RAPE
If the intention of the accused was to rob, but
rape was committed even before the
asportation, the crime is the special complex
crime of Robbery with Rape. So long as the
intent of the accused is to rob, rape may be
committed before, during or after the robbery.
But if the primary intent of the accused was
to rape and his taking away the belongings of
the victim was only a mere afterthought, two
separate felonies are committed: Rape and
Theft or Robbery depending upon the
circumstances surrounding the unlawful
taking. [People v. Naag, GR No. 1361394, Feb.
15, 2001]
ARTICLE 295 - ROBBERY WITH PHYSICAL
INJURIES, IN AN UNINHABITED PLACE
AND BY A BAND
Robbery with violence against or
intim idation of persons is qualified
when it is com m itted:
(1) In an Uninhabited place, or
(2) By a Band, or
(3) By Attacking a moving train, street car,
motor vehicle, or airship, or
(4) By Entering the passengers’
compartments in a train, or in any
manner taking the passengers thereof
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
Here, the offender shall be punished by the
maximum periods of the proper penalties in
Art. 294. The penalty cannot be offset by a
generic mitigating circumstance.
The intimidation with the use of firearm
qualifies only robbery on a street, road,
highway, or alley.
Any of these qualifying circumstances must
be alleged in the information and proved
during the trial.
PAGE 293 OF 342
CRIMINAL LAW
ARTICLE 296 – ROBBERY BY A BAND
Outline of Art. 296 (Definition of a
Band and Penalty Incurred by the
Mem bers Thereof):
(1) When at least 4 armed malefactors
take part in the commission of a
robbery, it is deemed committed by a
band.
(2) When any of the arms used in the
commission of robbery is not licensed,
penalty upon all the malefactors shall
be the maximum of the corresponding
penalty provided by law, without
prejudice to the criminal liability for
illegal possession of such firearms.
(3) Any member of 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 crime.
Requisites for Liability for the acts of
the other members:
(1) Member of the band.
(2) Present at the commission of the
robbery.
(3) Other members committed an assault.
(4) He did not attempt to prevent assault.
Conspiracy is presumed when robbery is by
band.
When the robbery was not committed by a
band, the robber who did not take part in the
assault by another is not liable for that
assault.
When the robbery was not by a band and
homicide was not determined by the accused
when they plotted the crime, the one who did
not participate in the killing is liable for
robbery only. It is only when the robbery is in
band that all those present in the commission
of the robbery may be punished for any of the
assaults which any of its members might
commit.
But when there is conspiracy to commit
homicide and robbery, all the conspirators,
even if less than 4 armed men, are liable for
the special complex crime of robbery with
homicide.
UP LAW BOC CRIMINAL LAW 2
Art 296 is not applicable to principal by
inducement, who was not present at the
commission of the robbery, if the agreement
was only to commit robbery.
The article speaks of more than 3 armed
malefactors who “takes part in the
commission of the robbery” and member of a
band “who is present at the commission of a
robbery by a band.” Thus, a principal by
inducement, who did not go with the band at
the place of the commission of the robbery, is
not liable for robbery with homicide, but only
for robbery in band, there being no evidence
that he gave instructions to kill the victim or
intended that this should be done.
When there was conspiracy for robbery only
but homicide was also committed on the
occasion thereof, all members of the band
are liable for robbery with homicide.
Whenever homicide is committed as a
consequence of or on the occasion of a
robbery, all those who took part in the
commission of the robbery are also guilty as
principals in the crime of homicide unless it
appears that they endeavored to prevent the
homicide.
Proof of conspiracy is not essential to hold a
member of the band liable for robbery with
homicide actually committed by the other
members of the band.
There is no crime as “robbery with homicide
in band”. Band is only ordinary aggravating
circumstance in robbery w/ homicide
In order for special aggravating circumstance
of unlicensed firearm to be appreciated, it is
condition sine qua non that offense charged
be robbery by a band under Art 295.
Pursuant to Art 295, circumstance of a band
is qualifying only in robbery under par 3, 4 &
5 of Art 294.
Hence, Art. 295 does not apply to robbery
with homicide, or robbery with rape, or
robbery with serious physical injuries under
par. 1 of Art. 263.
Special aggravating circumstance of
unlicensed firearm is inapplicable to robbery
PAGE 294 OF 342
CRIMINAL LAW
w/ homicide, or robbery with rape, or robbery
with physical injuries, committed by a band.
[People v. Apduhan]
ARTICLE 297 - ATTEMPTED AND
FRUSTRATED ROBBERY WITH HOMICIDE
Elem ents:
(a) There is attempted or frustrated robbery
(b) A homicide is committed on the same
occasion
“Homicide” includes multiple homicides,
murder, parricide, or even infanticide.
The penalty is the same, whether robbery is
attempted or frustrated.
Robbery with homicide and attempted or
frustrated robbery with homicide are special
complex crimes, not governed by Art. 48, but
by the special provisions of Arts. 294 & 297,
respectively.
There is only one crime of attempted robbery
with homicide even if slight physical injuries
were inflicted on other persons on the
occasion or by reason of the robbery.
ARTICLE 298 - EXECUTION OF DEEDS
THROUGH VIOLENCE OR INTIMIDATION
Elem ents:
(a) Offender has Intent to defraud another
(b) Offender Compels him to sign, execute,
or deliver any public instrument or
document
(c) Compulsion is by means of violence or
intimidation.
If the violence resulted in the death of the
person to be defrauded, crime is robbery with
homicide and shall be penalized under Art
294 par. 1.
Art. 298 applies to private or commercial
document, but it does not apply if document
is void.
When the offended party is under obligation
to sign, execute or deliver the document
under the law, it is not robbery but coercion.
By Force Upon Things
(1) Robbery by the use of force upon things
is committed only when either:
UP LAW BOC CRIMINAL LAW 2
(2) Offender entered a house or building by
any of the means specified in Art. 299 or
Art. 302, or
(3) Even if there was no entrance by any of
those means, he broke a wardrobe,
chest, or any other kind of locked or
closed or sealed furniture or receptacle
in the house or building, or he took it
away to be broken or forced open
outside.
ARTICLE 299 - ROBBERY IN AN INHABITED
HOUSE OR PUBLIC BUILDING OR EDIFICE
DEVOTED TO WORSHIP
Elem ents of robbery with force upon
things under SUBDIVISION (A):
(a) Offender entered
(1) An inhabited house
(2) Public building
(3) Edifice devoted to religious worship
(b) Entrance was effected by any of the
following means:
(1) Through an opening not intended
for entrance or egress;
(2) By breaking any wall, roof, or floor,
or door or window;
(3) By using False keys, picklocks or
similar tools; or
(4) By using any Fictitious name or
pretending the exercise of public
authority.
(c) That once inside the building, the
offender took personal property
belonging to another with intent to gain.
There must be evidence that accused entered
the dwelling house or building by any of the
means enumerated in subdivision (a). In
entering the building, there must be the
intent to take personal property.
“Inhabited house” – any shelter, ship, or
vessel constituting the dwelling of one or
more persons even though the inhabitants
thereof are temporarily absent when the
robbery is committed.
“Public building” – every building owned
by the Government or belonging to a private
person but used or rented by the Government,
although temporarily unoccupied by the
same.
Any of the four means described in
subdivision (a) must be resorted to enter a
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CRIMINAL LAW
house or building, not to get out otherwise it
is only theft. The whole body of the culprit
must be inside the building to constitute
entering.
Illustration: If the culprit had entered the
house through an open door, and the owner,
not knowing that the culprit was inside,
closed and locked the door from the outside
and left, and the culprit, after taking personal
property in the house, went out through the
window, it is only theft, not robbery.
“Breaking” – means entering the building.
The force used must be actual, as
distinguished constructive force.
“False keys” – genuine keys stolen from
the owner or any keys other than those
intended for use in the lock forcibly opened
by the offender. The genuine key must be
stolen, not taken by force or with intimidation,
from the owner.
If false key is used to open wardrobe or
locked receptacle or drawer or inside door it
is only theft.
Elem ents of robbery with force upon
things under SUBDIVISION (B) of Art.
299:
(a) Offender is inside a dwelling house,
public building, or edifice devoted to
religious worship, regardless of the
circumstances under which he entered it.
(b) Offender takes personal property
belonging to another, with intent to gain,
under any of the following
circumstances:
(1) Breaking of doors, wardrobes, chests,
or any other kind of locked or sealed
furniture or receptacle; or
(2) Taking such furniture or objects away
to be broken or forced open outside
the place of the robbery.
Entrance into the building by any of the
means mentioned in subdivision (a) is not
required in robbery under subdivision (b)
The term “door” in par. 1, subdivision (b) of
Art. 299, refers only to “doors, lids or opening
sheets” of furniture or other portable
receptacles—not to inside doors of house or
building.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Breaking the keyhole of the door of a Orchards and lands used for cultivation or
wardrobe, which is locked, is breaking a production are not included in the term
locked furniture. “dependencies” (Art. 301, par. 3).

It is theft if the locked or sealed receptacle is ARTICLE 300 – ROBBERY IN AN

not forced open in the building where it is
kept or taken from to be broken outside.
The penalty depends on the value of property
taken and on whether or not offender carries
arm. Arms carried must not be used to
intimidate. Liability for carrying arms is
extended to all those who participated in the
robbery, including those without arms.
UNINHABITED PLACE AND BY A BAND
Robbery in an inhabited house, public
building or edifice dedicated to religious
worship is qualified when committed by a
band and located in an uninhabited place.
See discussion on Art. 296 for definition of
“band.”

The provision punishes more severely the

To qualify Robbery To qualify Robbery
robbery in a house used as a dwelling than
w/ force upon things w/ violence against
that committed in an uninhabited place,
(Art 299) or intimidation of
because of the possibility that the inhabitants
persons
in the former might suffer bodily harm during
the robbery.
It must be It must be committed
committed in in an uninhabited
ARTICLE 301 - WHAT IS AN INHABITED
uninhabited place place or by a band
HOUSE, PUBLIC BUILDING DEDICATED TO
and by a band (Art (Art. 295)
RELIGIOUS WORSHIP AND THEIR
300)
DEPENDENCIES:

“Inhabited house” – any shelter, ship, or ARTICLE 302 – ROBBERY IN AN

vessel constituting the dwelling of one or UNINHABITED PLACE OR PRIVATE
more persons even though the inhabitants BUILDING
thereof are temporarily absent when the Elem ents:
robbery is committed. (a) Offender entered an uninhabited place
• Even if the occupant was absent during or a building which was not a dwelling
the robbery, the place is still inhabited if house, not a public building, or not an
the place was ordinarily inhabited and edifice devoted to religious worship.
intended as a dwelling. (b) That any of the following circumstances
was present:
“Public building” – every building owned (1) Entrance was effected through an
by the Government or belonging to a private opening not intended for entrance
person but used or rented by the Government, or egress;
although temporarily unoccupied by the (2) A wall, roof, floor, or outside door or
same. window was broken
(3) Entrance was effected through the
“Dependencies” – all interior courts, use of false keys, picklocks or other
corrals, warehouses, granaries or inclosed similar tools;
places contiguous to the building or edifice, (4) A door, wardrobe, chest, or any
having an interior entrance connected sealed or closed furniture or
therewith, and which form part of the whole receptacle was broken; or
(Art. 301, par. 2). (5) A closed or sealed receptacle was
removed, even if the same be
Requisites: broken open elsewhere.
(1) Contiguous to the building;
(2) Interior entrance connected therewith;
(3) Form part of the whole.
PAGE 296 OF 342
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(6) With intent to gain, the offender
took therefrom personal property
belonging to another.
“Building” – includes any kind of structure
used for storage or safekeeping of personal
property, such as (a) freight car and (b)
warehouse.
Entrance through an opening not intended
for entrance or egress is not necessary, if
there is breaking of wardrobe, chest, or
sealed or closed furniture or receptacle, or
removal thereof to be broken open elsewhere.
Breaking padlock is use of force upon things.
Use of fictitious name or pretending the
exercise of public authority is not covered
under this article.
A receptacle is a container, which must be
“closed” or “sealed”.
Penalty is based only on value of property
taken.
ARTICLE 303 - ROBBERY OF CEREALS,
FRUITS OR FIREWOOD IN AN
UNINHABITED PLACE OR PRIVATE
BUILDING
In cases enumerated in Arts. 299 and 302,
the penalty is one degree lower when robbery
consists in the taking of cereals, fruits, or
firewood.
Cereals – seedlings which are the
immediate product of the soil. The palay
must be kept by the owner as “seedling” or
taken for that purpose by the robbers.
ARTICLE 304 - POSSESSION OF PICKLOCK
OR SIMILAR TOOLS
Elem ents:
(a) Offender has in his possession picklocks
or similar tools;
(b) Such picklock or similar tools are
especially adopted to the commission of
robbery;
(c) Offender does not have lawful cause for
such possession.
Possession of such tools, without lawful
cause, is punished. Actual use is not
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CRIMINAL LAW 2 CRIMINAL LAW
necessary. Since picking of locks is one way to
gain entrance to commit robbery, a picklock
is per se specially adapted to the commission
of robbery. [People v Lopez, 1965]
If the person who makes such tools is a
locksmith, the penalty is higher.
ARTICLE 305 - FALSE KEYS
Deemed to include the following:
(1) Tools mentioned in Article 304;
(2) Genuine keys stolen from the owner;
(3) Any key other than those intended by the
owner for use in the lock forcibly opened
by the offender.
CHAPTER 2: BRIGANDAGE
ARTICLE 306 - WHO ARE BRIGANDS
Elem ents of Brigandage:
(a) There be at least 4 armed persons
(b) They formed a band of robbers
(c) The purpose is any of the following:
(1) To commit robbery in the highway;
or
(2) To kidnap for the purpose of
extortion or to obtain ransom; or
(3) To attain by means of force and
violence any other purpose.
Presumption of law as to brigandage: All
are presumed highway robbers or brigands, if
any of them carries unlicensed firearm. The
arms carried may be any deadly weapon.
The main object of the law is to prevent the
formation of band of robbers.
The term “highway” includes city streets.
The following m ust be proved:
(1) Organization of more than 3 armed
persons forming a band of robbers
(2) Purpose of the band is any of those
enumerated in Art. 306.
(3) That they went upon the highway or
roamed upon the country for that
purpose.
(4) That the accused is a member of such
band.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

CHAPTER 3 THEFT
BRIGANDAGE ROBBERY IN
BAND ARTICLE 308 - WHO ARE LIABLE FOR
THEFT
Purpose (1) Commit robbery Commit Elem ents:
in a highway robbery, and (a) Taking of personal property
(2) Kidnap to not necessarily (b) Personal property belongs to another
extort or get in a highway (c) Taking was done with intent to gain.
ransom (d) Taking was wiithout the consent of the
(3) Any other owner.
purpose to be (e) Accomplished without the use of
achieved by means violence against or intimidation of
of force or violence persons or force upon things.
Proof Mere formation of It is necessary
a band for any of to prove that Persons liable:
the above the band (1) Those who, with intent to gain, without
purposes is actually violence against or intimidation of
sufficient. There is committed the persons nor force upon things, take
no requirement robbery. personal property, of another without
that the brigands Conspiracy to the latter’s consent.
consummate the commit robbery (2) Those who, having found lost property,
crime. is not fail to deliver the same to the local
punishable. authorities or to its owner.
(3) Those who, after having maliciously
damaged the property of another,
remove or make use of the fruits or
ARTICLE 307 - AIDING AND ABETTING A
object of the damage caused by them.
BAND OF BRIGANDS
(4) Those who enter an inclosed estate or
Elem ents:
field where trespass is forbidden or
(a) There is a band of brigands
which belongs to another and, without
(b) Offender knows the band to be of
the consent of its owner, hunt or fish
brigands
upon the same or gather fruits, cereals,
(c) Offender does any of the following acts:
or other forest or farm products.
(1) He in any manner aids, abets or
protects such band of brigands; or
The theft is consummated & taking
(2) He gives them information of the
completed once the culprit is able to place
movements of the police or other
the thing taken under his control, and in such
peace officers; or
a situation that he could dispose of it at once.
(3) He acquires or receives the property
taken by such brigands.
In accordance with the definition in Art 308,
there is no frustrated theft. The offender has
It is presumed that the person performing
either complete control of the property
any of the acts provided in this article has
(consummated) or without (attempted).
performed them knowingly, unless the
Intent to gain is presumed from the unlawful
contrary is proven.
taking of personal property belonging to
another. [Valenzuela v. People (2007)]
Any person who aids or protects highway
robbers or abets the commission of highway
If a person takes property of another,
robbery or brigandage shall be considered as
believing it to be his own, presumption of
an accomplice.
intent to gain is rebutted. Hence, he is not
guilty of theft.

If one takes personal property openly and

avowedly under claim of title made in good

PAGE 298 OF 342

UP LAW BOC CRIMINAL LAW 2
faith, he is not guilty of theft even though
claim of ownership is later found to be
untenable.
If possession was only material or physical,
the crime is THEFT. If possession was juridical,
crime is ESTAFA.
Selling share of a partner or co-owner is not
theft. Actual or real gain is not necessary in
theft.
The consent contemplated in this article
refers to consent freely given, and not mere
lack of opposition by owner of the property
taken.
It is not robbery when violence is for a reason
entirely foreign to the fact of taking.
Gulinao shot Dr. Chua and left. Then he went
back & took Dr. Chua’s diamond ring. The
crime was Theft and not robbery.
Circumstances show that the taking was
merely an afterthought. Violence used in
killing Dr. Chua had no bearing on the taking
of the ring. [People v. Gulinao, (1989)]
Properties were taken after accused has
already carried out his primary criminal intent
of killing the victim. Considering that the
victim was already heavily wounded when his
properties were taken, there was no need to
employ violence against or intimidation upon
his person. Hence, accused can only be held
guilty of the separate offense of theft. [People
v. Basao (1999)]
One in possession of part of recently stolen
property is presumed to be thief of all.
“Lost property” – embraces loss by
stealing or by act of the owner or by a person
other than the owner, or through some casual
occurrence.
It is necessary to prove the following in
order to establish theft by failure to
deliver or return lost property:
(1) Time of the seizure of the thing
(2) It was a lost property belonging to
another; and
(3) That the accused having had the
opportunity to return or deliver the lost
PAGE 299 OF 342
CRIMINAL LAW
property to its owner or to the local
authorities, refrained from doing so.
The law does not require knowledge of the
owner of the property.
Elem ents of hunting, fishing or
gathering fruits, etc., in enclosed
estate:
(1) That there is an enclosed estate or a field,
where trespass is forbidden or which
belongs to another
(2) Offender enters the same
(3) Offender hunts or fishes upon the same
or gathers fruits, cereals or other forest
or farm products in the estate or field;
and
(4) That the hunting or fishing or gathering
of products is without the consent of the
owner.
Corpus Delicti
To be caught in possession of the stolen
property is not an element of the corpus
delicti in theft. Corpus delicti means the
“body or substance of the crime, and, in its
primary sense, refers to the fact that the
crime has been actually committed.”
In theft, corpus delicti has two elements,
namely:
(1) that the property was lost by the owner,
and
(2) that it was lost by felonious taking. [Gan
vs. People (2007)]
ARTICLE 309 – PENALTIES
The basis of the penalty in theft is
(1) the value of the thing stolen, or
(2) the value and nature of the property
taken, or
(3) the circumstances that impelled the
culprit to commit the crime.
If there is no evidence of the value of the
property stolen, the court should impose the
minimum penalty corresponding to theft
involving the value of P5.00. The court may
also take judicial notice of its value in the
proper cases.
ARTICLE 310 - QUALIFIED THEFT
Theft is qualified if:
(1) Committed by a domestic servant
(2) Committed with grave abuse of
confidence
UP LAW BOC CRIMINAL LAW 2
(3) The property stolen is
(a) motor vehicle
(b) mail matter, or
(c) large cattle
(4) The property stolen consists of coconuts
taken from the premises of a plantation
(5) The property stolen is fish taken from a
fishpond or fishery
(6) The property is taken on the occasion of
fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular
accident or civil disturbance.
The penalty for qualified theft is 2 degrees
higher.
Theft by domestic servant is always qualified.
There is no need to prove grave abuse of
confidence.
The abuse of confidence must be grave.
There must be allegation in the information
and proof of a relation, by reason of
dependence, guardianship or vigilance,
between the accused and the offended party
that has created a high degree of confidence
between them, which the accused abused.
Theft of any material, spare part, product or
article by employees and laborers is heavily
punished under PD 133.
“Motor vehicle” - all vehicles propelled by
power, other than muscular power. Theft of
motor vehicle may now fall under the Anti-
Carnapping law.
When the purpose of taking the car is to
destroy it by burning it, the crime is arson.
If a private individual took a letter
containing postal money order, it is qualified
theft. If it was the postmaster, to whom the
letter was delivered, the crime would be
infidelity in the custody of documents.
Regarding the theft of coconuts and fish,
what matters is not the execution, but the
location where it is taken. It should be in the
plantation or in the fishpond.
PD 1612: ANTI-FENCING LAW
Fencing – The act ny person who, with
intent to gain for himself or for another, shall
PAGE 300 OF 342
CRIMINAL LAW
buy, receive, keep, acquire, conceal, sell, or
dispose of, or shall buy and sell or in any
other manner deal in any article, item, object,
or anything of value which he knows, or
should be known to him, to have been derived
from the proceeds of the crime of robbery or
theft.
Elem ents:
(a) Robbery or theft has been committed.
(b) The accused, who is not a principal or
accomplice in the crime of robbery or
theft, buys, receives, possesses, keeps,
acquires, conceals, sells or disposes, or
buys and sells, or in any manner deals in
any article, item, object, or anything of
value, which has been derived from the
proceeds of the said crime.
(c) The accused knows or should have
known that the said article, item, object
or anything of value has been derived
from the proceeds of the crime of
robbery or theft.
(d) There is, on the part of the accused,
intent to gain for himself or another.
Mere possession of any good, article, item,
object, or anything of value which has been
the subject of robbery or thievery shall be
prima facie evidence of fencing. [People v.
Dizon-Pamintuan]
Robbery/theft and fencing are separate and
distinct offenses.
"Fence" – includes any person, firm,
association, corporation or partnership or
other organization who/which commits the
act of fencing.
Presum ption of Fencing
Mere possession of any good, article, item,
object, or anything of value which has been
the subject of robbery or thievery shall be
prima facie evidence of fencing.
Exception
With Clearance or Permit to Sell
Section 6. Clearance/Permit to Sell/Used
Second Hand Articles. For purposes of this
Act, all stores, establishments or entities
dealing in the buy and sell of any good,
article, item, object or anything of value
obtained from an unlicensed dealer or
supplier thereof, shall before offering the
same for sale to the public, secure the
necessary clearance or permit from the
station commander of the Integrated
UP LAW BOC CRIMINAL LAW 2
National Police in the town or city where such
store, establishment or entity is located. The
Chief of Constabulary/Director General,
Integrated National Police shall promulgate
such rules and regulations to carry out the
provisions of this section. Any person who
fails to secure the clearance or permit
required by this section or who violates any of
the provisions of the rules and regulations
promulgated thereunder shall upon
conviction be punished as a fence.
RA 6539: ANTI-CARNAPPING ACT
Registration
Section 3. Registration of motor vehicle engine,
engine block and chassis. Within one year
after the approval of this Act, every owner or
possessor of unregistered motor vehicle or
parts thereof in knock down condition shall
register with the Land Transportation
Commission the motor vehicle engine, engine
block and chassis in his name or in the name
of the real owner who shall be readily
available to answer any claim over the
registered motor vehicle engine, engine block
or chassis. Thereafter, all motor vehicle
engines, engine blocks and chassis not
registered with the Land Transportation
Commission shall be considered as untaxed
importation or coming from an illegal source
or carnapped, and shall be confiscated in
favor of the Government.
All owners of motor vehicles in all cities and
municipalities are required to register their
cars with the local police without paying any
charges.
Section 5. Registration of sale, transfer,
conveyance, substitution or replacement of a
motor vehicle engine, engine block or chassis.
Every sale, transfer, conveyance, substitution
or replacement of a motor vehicle engine,
engine block or chassis of a motor vehicle
shall be registered with the Land
Transportation Commission. Motor vehicles
assembled and rebuilt or repaired by
replacement with motor vehicle engines,
engine blocks and chassis not registered with
the Land Transportation Commission shall
not be issued certificates of registration and
shall be considered as untaxed imported
motor vehicles or motor vehicles carnapped
or proceeding from illegal sources.
PAGE 301 OF 342
CRIMINAL LAW
Section 6. Original Registration of motor
vehicles. Any person seeking the original
registration of a motor vehicle, whether that
motor vehicle is newly assembled or rebuilt or
acquired from a registered owner, shall
within one week after the completion of the
assembly or rebuilding job or the acquisition
thereof from the registered owner, apply to
the Philippine Constabulary for clearance of
the motor vehicle for registration with the
Land Transportation Commission. The
Philippine Constabulary shall, upon receipt of
the application, verify if the motor vehicle or
its numbered parts are in the list of
carnapped motor vehicles or stolen motor
vehicle parts. If the motor vehicle or any of its
numbered parts is not in that list, the
Philippine Constabulary shall forthwith issue
a certificate of clearance. Upon presentation
of the certificate of clearance from the
Philippine Constabulary and after verification
of the registration of the motor vehicle engine,
engine block and chassis in the permanent
registry of motor vehicle engines, engine
blocks and chassis, the Land Transportation
Commission shall register the motor vehicle
in accordance with existing laws, rules and
regulations.
W ho are Liable
Duty of Collector of Customs
Section 7. Duty of Collector of Customs to
report arrival of imported motor vehicle, etc.
The Collector of Customs of a principal port
of entry where an imported motor vehicle,
motor vehicle engine, engine block chassis or
body is unloaded, shall, within seven days
after the arrival of the imported motor vehicle
or any of its parts enumerated herein, make a
report of the shipment to the Land
Transportation Commission, specifying the
make, type and serial numbers, if any, of the
motor vehicle engine, engine block and
chassis or body, and stating the names and
addresses of the owner or consignee thereof.
If the motor vehicle engine, engine block,
chassis or body does not bear any serial
number, the Collector of Customs concerned
shall hold the motor vehicle engine, engine
block, chassis or body until it is numbered by
the Land Transportation Commission.
Duty of Importers Distributors and
Sellers
Section 8. Duty of importers, distributors
and sellers of motor vehicles to keep record of
UP LAW BOC CRIMINAL LAW 2
stocks. Any person engaged in the
importation, distribution, and buying and
selling of motor vehicles, motor vehicle
engines, engine blocks, chassis or body, shall
keep a permanent record of his stocks,
stating therein their type, make and serial
numbers, and the names and addresses of
the persons from whom they were acquired
and the names and addresses of the persons
to whom they were sold, and shall render an
accurate monthly report of his transactions in
motor vehicles to the Land Transportation
Commission.
Clearance and Perm it
Section 10. Clearance and permit required
for assembly or rebuilding of motor vehicles.
Any person who shall undertake to assemble
or rebuild or cause the assembly or rebuilding
of a motor vehicle shall first secure a
certificate of clearance from the Philippine
Constabulary: Provided, That no such permit
shall be issued unless the applicant shall
present a statement under oath containing
the type, make and serial numbers of the
engine, chassis and body, if any, and the
complete list of the spare parts of the motor
vehicle to be assembled or rebuilt together
with the names and addresses of the sources
thereof.
In the case of motor vehicle engines to be
mounted on motor boats, motor bancas and
other light water vessels, the applicant shall
secure a permit from the Philippine Coast
Guard, which office shall in turn furnish the
Land Transportation Commission the
pertinent data concerning the motor vehicle
engines including their type, make and serial
numbers.
Definition of terms/Punishable Acts
Carnapping – is the taking, with intent to
gain, of a motor vehicle belonging to another
without the latter's consent, or by means of
violence against or intimidation of persons, or
by using force upon things.
Motor vehicle –is any vehicle propelled by
any power other than muscular power using
the public highways, but excepting road
rollers, trolley cars, street-sweepers,
sprinklers, lawn mowers, bulldozers, graders,
fork-lifts, amphibian trucks, and cranes if not
used on public highways, vehicles, which run
only on rails or tracks, and tractors, trailers
and traction engines of all kinds used
PAGE 302 OF 342
CRIMINAL LAW
exclusively for agricultural purposes. Trailers
having any number of wheels, when
propelled or intended to be propelled by
attachment to a motor vehicle, shall be
classified as separate motor vehicle with no
power rating.
Defacing or tam pering with a serial
number – is the erasing, scratching, altering
or changing of the original factory-inscribed
serial number on the motor vehicle engine,
engine block or chassis of any motor vehicle.
Whenever any motor vehicle is found to have
a serial number on its motor engine, engine
block or chassis which is different from that
which is listed in the records of the Bureau of
Customs for motor vehicles imported into the
Philippines, that motor vehicle shall be
considered to have a defaced or tampered
with serial number.
Section 12. Defacing or tampering with
serial numbers of motor vehicle engines,
engine blocks and chassis. It shall be unlawful
for any person to deface or otherwise tamper
with the original or registered serial number
of motor vehicle engines, engine blocks and
chassis.
Section 13. Penal Provisions. Any person
who violates any provisions of this Act shall
be punished with imprisonment for not less
than two years nor more than six years and a
fine equal in amount to the acquisition cost of
the motor vehicle, motor vehicle engine or
any other part involved in the violation:
Provided, That if the person violating any
provision of this Act is a juridical person, the
penalty herein provided shall be imposed on
its president or secretary and/or members of
the board of directors or any of its officers and
employees who may have directly
participated in the violation.
Any government official or employee who
directly commits the unlawful acts defined in
this Act or is guilty of gross negligence of
duty or connives with or permits the
commission of any of the said unlawful act
shall, in addition to the penalty prescribed in
the preceding paragraph, be dismissed from
the service with prejudice to his
reinstatement and with disqualification from
voting or being voted for in any election and
from appointment to any public office.
UP LAW BOC
Section 14. Penalty for Carnapping. Any
person who is found guilty of carnapping, as
this term is defined in Section two of this Act,
shall, irrespective of the value of m otor
vehicle taken, be punished by imprisonment
for not less than fourteen years and eight
months and not more than seventeen years
and four months, when the carnapping is
committed without violence or intimidation of
persons, or force upon things; and by
imprisonment for not less than seventeen
years and four months and not more than
thirty years, when the carnapping is
committed by means of violence against or
intimidation of any person, or force upon
things; and the penalty of life imprisonment
to death shall be imposed when the owner,
driver or occupant of the carnapped motor
vehicle is killed in the commission of the
carnapping.
ARTICLE 311 - THEFT OF THE PROPERTY OF
THE NATIONAL LIBRARY AND NATIONAL
MUSEUM
Theft of property of the National Museum
and National Library has a fixed penalty
(arresto mayor of fine of P200-500 or both)
regardless of the property's value. But if it
was with grave abuse of confidence, the
penalty for qualified theft shall be imposed.
CHAPTER 4: USURPATION
ARTICLE 312 - OCCUPATION OF REAL
PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY
Acts punishable under Art. 312:
(1) Taking possession of any real property
belonging to another by means of
violence against or intimidation of
persons
(2) Usurping any real rights in property
belonging to another by means of
violence against or intimidation of
persons.
Elem ents:
(a) Offender takes possession of any real
property OR usurps any real rights in
property
(b) Real property or real rights belong to
another
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CRIMINAL LAW 2 CRIMINAL LAW
(c) Violence against or intimidation of
persons is used by the offender in
occupying real property or usurping real
rights in property.
(d) There is intent to gain.
If no violence or intimidation only civil liability
exists. Violence or intimidation must be the
means used in occupying real property or in
usurping real rights.
Art. 312 does not apply when the violence or
intimidation took place subsequent to the
entry into the property.
Art. 312 does not apply to a case of open
defiance of the writ of execution issued in the
forcible entry case.
Criminal action for usurpation of real
property is not a bar to civil action for forcible
entry.
RA 947 punishes entering or occupying
public agricultural land including lands
granted to private individuals.
Theft or
Usurpation
Robbery
Act Occupation or Taking or
Usurpation asportation
What is Real property or Personal
Taken Real Right property
Intent To Gain To Gain
ARTICLE 313 - ALTERING BOUNDARIES OR
LANDMARKS
Elem ents:
(a) There are boundary marks or
monuments of towns, provinces, or
estates, or any other marks intended to
designate the boundaries of the same.
(b) The offender alters said boundary marks.
Provision does not require intent to gain.
The word “alter” may include:
(1) destruction of stone monument
(2) taking it to another place
(3) removing a fence
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

CHAPTER 5: CULPABLE W ith Unfaithfulness or Abuse of

INSOLVENCY Confidence (315 par. 1(a) (b) (c))

ART. 314 - FRAUDULENT INSOLVENCY Par 1(a): Altering substance, quantity

Elem ents:
(a) The offender is a debtor, and he has
obligations due and payable
(b) He absconds with his property
(c) There is prejudice to his creditors
Actual prejudice, not intention alone, is
required. Even if the debtor disposes of his
property, unless it is shown that it has
actually prejudiced his creditor, conviction
will not lie.
Fraudulent concealment of property is not
sufficient if the debtor has some property
with which to satisfy his obligation.
“Abscond” – does not require that the
debtor should depart and physically conceal
his property. Real property could be the
subject matter of Art. 314.
The person prejudiced must be creditor of the
offender.
or quality of object subject of
obligation to deliver
Elements of estafa with unfaithfulness
(a) Offender has an onerous obligation to
deliver something of value.
(b) He alters its substance, quantity, or
quality
(c) Damage or prejudice is caused to
another
Deceit is NOT an essential element of estafa
with abuse of confidence.
Damage or prejudice must be capable of
estimation, because it is the basis of the
penalty.
Delivery of anything of value must be “by
virtue of an onerous obligation to do so”.
It is not estafa if the thing delivered is not
acceptable to the complainant when there is
no agreement as to its quality.

Estafa may arise even if thing delivered is not

Art 314 Insolvency law subject of lawful commerce, such as opium.
No need for Crime should be
insolvency committed after the Par.1(b): Misappropriation and
proceedings. institution of insolvency Conversion
proceedings Elements of estafa with abuse of confidence
No need to be (a) Money, goods, or other personal
adjudged bankrupt property is received by the offender in
or insolvent trust, or in commission, or for
administration, or under any other
obligation involving the duty to make
CHAPTER 6: SWINDLING AND delivery of, or to return, the same;
OTHER DECEITS (b) There is misappropriation or conversion
of such money or property by the
ARTICLE 315 - ESTAFA offender, or denial on his part of such
Elem ents of Estafa in General: receipt;
(a) The accused defrauded another (c) Such misappropriation or conversion or
(1) by abuse of confidence; or denial is to the prejudice of another; and
(2) by means of deceit; and (d) There is a demand made by the
(b) The damage or prejudice capable of offended party to the offender
pecuniary estimation is caused to the
offended party or third person. The 4th element is not necessary when there
is evidence of misappropriation of goods by
the defendant.

Check is included in the word “money”.

PAGE 304 OF 342

UP LAW BOC
Money, goods or other personal property
must be received by the offender under
certain kinds of transaction transferring
juridical possession to him.
The offender acquires both physical
possession and juridical possession when the
thing is received by the offender from the
offended party
(1) in trust, or
(2) on commission, or
(3) for administration,
“Juridical possession” – means a
possession which gives the transferee a right
over the thing which he may invoke even as
against the owner.
When the delivery of a chattel does not
transfer juridical possession/title, it is
presumed that the possession/title of the
thing remain w/ owner.
Failure to turn over to the bank the proceeds
of sale of goods covered by trust receipts is
estafa.
The phrase “or under any obligation involving
the duty to make delivery of, or to return the
same”, includes quasi-contracts and certain
contracts of bailment. The obligation to
return the thing must be contractual but
without transferring to accused ownership of
the thing.
When ownership is transferred to recipient,
his failure to return it results in civil liability
only.
Applicable Civil Code provisions:
(1) Art. 1477. The ownership of the thing
sold shall be transferred to the vendee
upon actual or constructive delivery
thereof.
(2) Art. 1482. Whenever earnest money is
given in a contract of sale, it shall be
considered as part of the price and as
proof of the perfection of the contract.
In estafa with abuse of confidence under par.
(b), subdivision 1 of Art. 315, the thing
received must be returned if there is an
obligation to return it.
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CRIMINAL LAW 2 CRIMINAL LAW
If no obligation to return there is only civil
liability.
No estafa when:
(1) Transaction sale fails. There is no estafa
if the accused refused to return the
advance payment.
(2) The money or personal property received
by accused is not to be used for a
particular purpose or to be returned.
(3) Thing received under a contract of sale
on credit
Payment by students to the school for the
value of materials broken is not mere deposit.
Novation of contract of agency to one of sale,
or to one of loan, relieves defendant from
incipient criminal liability under the first
contract.
He exerted all efforts to retrieve dump truck,
albeit belatedly and to no avail. His
ineptitude should not be confused with
criminal intent. Criminal intent is required for
the conviction of estafa. Earnest effort to
comply with obligation is a defense against
estafa. [Manahan vs CA (1996)]
3 W ays of Com m itting Estafa W ith
Abuse Of Confidence Under Art. 315
Par. (B):
(1) Misappropriating the thing received.
(2) Converting the thing received.
(3) Denying that the thing was received.
“Misappropriating” – means to own, to
take something for one's own benefit.
“Converting” – Using or disposing of
another’s property as if it were one’s own.
“Conversion” – presupposes that the thing
has been devoted to a purpose or use
different from that agreed upon.
The fact that an agent sold the thing received
on commission for a lower price than the one
fixed, does not constitute estafa (US v Torres).
The law does not distinguish between
temporary and permanent misappropriations.
No estafa under Art. 315 par (b) when there is
neither misappropriation nor conversion.
UP LAW BOC CRIMINAL LAW 2
Right of agent to deduct comm ission
from amounts
(1) If agent is authorized to retain his
commission out of the amounts he
collected, there is no estafa.
(2) Otherwise he is guilty of estafa, because
his right to commission does not make
the agent a co-owner of money
3rd element of estafa with abuse of
confidence is that the conversion, or denial by
offender resulted in the prejudice of the
offended party.
“To the prejudice of another” – not
necessarily of the owner of the property.
General rule: Partners are not liable for
estafa of money or property received for the
partnership when the business commenced
and profits accrued. Failure of partner to
account for partnership funds may give rise to
civil obligation only, not estafa.
Exception: When a partner misappropriates
the share of another partner in the profits, the
act constitutes estafa.
A co-owner is not liable for estafa, but he is
liable if, after the termination of the co-
ownership, he misappropriates the thing
which has become the exclusive property of
the other.
Estafa with abuse of
Theft
confidence
With juridical Only with physical /
possession of thing material possession of
misappropriated thing misappropriated
Offender receives the Offender takes the
thing from the victim thing
But when the money or property had been
received by a partner for specific purpose and
he misappropriated it, there is estafa.
Under the 4th element of estafa with abuse
of confidence demand may be required.
In estafa by means of deceit, demand is not
needed, because the offender obtains the
thing wrongfully from the start. In estafa with
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CRIMINAL LAW
abuse of confidence, the offender receives the
thing under a lawful transaction.
Demand is not required by law, but it may be
necessary, because failure to account upon
demand is circumstantial evidence of
misappropriation. Presumption arises only
when the explanation of the accused is
absolutely devoid of merit.
The mere failure to return the thing received
for safekeeping or under any other obligation
w/ the duty to return the same or deliver the
value thereof to the owner could only give rise
to a civil action and does not constitute the
crime of estafa.
There is no estafa through negligence.
The gravity of the crime of estafa is based on
the amount not returned before the
institution of the criminal action.
Test to distinguish theft from estafa:
In theft, upon the delivery of the thing to the
offender, the owner expects a return of the
thing to him.
General rule: When the owner does not
expect the immediate return of the thing he
delivered to the accused, the
misappropriation of the same is estafa.
Exception: When the offender received the
thing from the offended party, with the
obligation to deliver it to a third person and,
instead of doing so, misappropriated it to the
prejudice of the owner, the crime committed
is qualified theft.
Sale of thing received to be pledged for
owner is theft, when the intent to appropriate
existed at the time it was received.
Estafa with abuse of
Malversation
confidence
Entrusted with funds
or property
Both are continuing
offenses
Funds or property are Funds or property
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Estafa with abuse of Elements of estafa by means of

Malversation deceit:
confidence
(a) There is a false pretense, fraudulent act
always private usually public or fraudulent means.
Offender is a private Offender is a public (b) Such false pretense, fraudulent act or
individual or public officer accountable for fraudulent means was made or
officer not public funds or executed prior to or simultaneously with
accountable for property the commission of the fraud.
public funds or (c) Offended party relied on the false
property pretense, fraudulent act, or fraudulent
means, that is, he was induced to part
Committed by Committed by with his money or property because of
misappropriating, misappropriating, or such
converting or denying thru abandonment or (d) As a result thereof, the offended party
having received negligence, letting suffered damage.
money, other other person to take
personal property the public funds or The acts must be fraudulent. Acts must be
property founded on deceit, trick, or cheat, and such
There is no estafa There can be must be made prior to or simultaneously with
through negligence. malversation through the commission of the fraud.
abandonment or
negligence. In false pretenses the deceit consists in the
use of deceitful words, in fraudulent acts the
deceit consists principally in deceitful acts.
When in prosecution for malversation the
The fraudulent acts must be performed prior
public officer is acquitted, the private
to or simultaneously with the commission of
individual in conspiracy w/ him may be held
the fraud.
liable for estafa, depending on the nature of
the funds.
The offender must be able to obtain
something from the offended party because
Misappropriation of firearm s received
of the fraudulent acts.
by a police
(1) ESTAFA: if it is not involved in the
Knowledge of criminal intent of the principal
commission of a crime
is essential to be convicted as an accomplice
(2) MALVERSATION: if it is involved in the
in estafa through falsification of commercial
commission of a crime.
document. There must be knowing assistance
in the execution of the offense. [Abejuela vs
Par.1(c): Taking advantage of signature
People (1991)]
in blank
Elements:
In a tenant-landowner relationship, it was
(a) Paper with the signature of the offended
incumbent upon the tenant to hold in trust
party is in blank.
and, eventually, account for the share in the
(b) Offended party delivered it to the
harvest appertaining to the landowner,
offender.
failing which the tenant could be held liable
(c) Above the signature of the offended
for misappropriation.
party a document is written by the
offender without authority to do so.
In [People v. Vanzuela (2008)], it was ruled
(d) The document so written creates a
that share tenancy has been outlawed for
liability of, or causes damage to, the
being contrary to public policy as early as
offended party or any third person.
1963, with the passage of R.A. 3844. What
prevails today, under R.A. 6657, is
Estafa by Means of False Pretenses or
agricultural leasehold tenancy relationship,
Fraudulent Acts (315 par. 2(a) (b) (c)
and all instances of share tenancy have been
(d) (e); BP22):
automatically converted into leasehold
tenancy. In such a relationship, the tenant’s
PAGE 307 OF 342
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obligation is simply to pay rentals, not to
deliver the landowner’s share. Given this
dispensation, the petitioner’s allegation that
the respondents misappropriated the
landowner’s share of the harvest is
untenable. Accordingly, the respondents
cannot be held liable under Article 315,
paragraph 4, No. 1(b) of the RPC.
It is well established in jurisprudence that a
person may be convicted of both illegal
recruitment and estafa. The reason, therefore,
is not hard to discern: illegal recruitment is
malum prohibitum, while estafa is malum in
se. [Lapasaran v. People (2009)]
Par 2(a): Using fictitious nam e or false
pretenses at power, influence… or other
sim ilar deceits
W ays of committing the offense:
(1) By using fictitious name;
(2) By falsely pretending to possess:
(a) power,
(b) influence,
(c) qualifications,
(d) property,
(e) credit,
(f) agency,
(g) business or imaginary transactions;
(3) By means of other similar deceits.
For estafa under Art. 315 par. 2(a), it is
indispensable that the false statement or
fraudulent representation of the accused,
(1) be made prior to, or, at least
simultaneously with,
(2) the delivery of the thing by the
complainant.
It is essential that such false statement or
fraudulent representation constitutes the
cause or only motive which induced the
complainant to part with the thing. If there be
no such prior or simultaneous false
statement or fraudulent representation, any
subsequent act of the accused, however
fraudulent and suspicious it may appear,
cannot serve as a basis for prosecution for
this class of estafa.
A creditor who deceived his debtor is liable
for estafa.
In estafa by means of deceit under Art. 315
2(a), there must be evidence that the
PAGE 308 OF 342
CRIMINAL LAW
pretense of the accused is false. Without such
proof, criminal intent to deceive cannot be
inferred. Fraud must be proved with clear and
positive evidence.
Estafa through false pretenses made in
writing is only a simple crime of estafa, not a
complex crime of estafa through falsification.
Par 2(b): by altering the quality,
fineness or weight of anything
pertaining to art or business
Par. 2(c): by pretending to have bribed
any governm ent em ployee
Manipulation of scale is punished under the
Revised Administrative Code.
Person would ask money from another for the
alleged purpose of bribing a government
employee but just pocketed the money.
Par 2(d): By postdating a check or
issuing a bouncing check
Elements:
(a) Offender postdated a check, or issued a
check in payment of an obligation;
(b) 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.
The check must be genuine, and not falsified.
The check must be postdated or for an
obligation contracted at the time of the
issuance and delivery of the check and not for
pre-existing obligation.
Exception:
(1) When postdated checks are issued and
intended by the parties only as
promissory notes
(2) When the check is issued by a guarantor
The accused must be able to obtain
something from the offended party by means
of the check he issues and delivers.
The mere fact that the drawer had insufficient
or no funds in the bank to cover the check at
UP LAW BOC CRIMINAL LAW 2
the time he postdated or issued a check is
sufficient to make him liable for estafa.
RA 4885 deleted the phrase “the offender
knowing at the time he had no funds in the
bank”:
(1) The failure of the drawer to deposit the
amount needed to cover his check
(2) Within 3 days from receipt of notice of
dishonor of check for lack or insufficiency
of funds
(3) Shall be prima facie evidence of deceit
constituting false pretense or fraudulent
act.
Good faith is a defense in a charge of estafa
by postdating or issuing a check. One who
got hold of a check issued by another,
knowing that the drawer had no sufficient
funds in the bank, and used the same in the
purchase of goods, is guilty of estafa. [People
v. Isleta]
PD 818, which increases the penalty for
estafa committed by means of bouncing
checks, applies only to estafa under par 2(d)
of Art. 315, and does not apply to other forms
of estafa. [People v Villaraza, 81 SCRA 95]
Hence, the penalty prescribed in PD 818, not
the penalty provided for in Art. 315, should be
imposed when the estafa committed is
covered by par 2(d) of Art. 315.
Estafa by issuing a bad check is a continuing
crime.
BP 22 (ANTI-BOUNCING CHECKS LAW)
Punishable Acts
(1)
(a) A person makes or draws and
issues any check to apply on
account or for value;
(b) He knows at the time of issuance
that he does not have sufficient
funds in or credit with the drawee
bank for the payment of such
check in full upon its presentment;
and
(c) (c)The check is subsequently
dishonored by the drawee bank for
insufficiency of funds or credit or
would have been dishonored for
the same reason had not the
drawer, without any valid reason,
ordered the bank to stop payment.
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CRIMINAL LAW
(2)
(a) A person has sufficient funds in or
credit with the drawee bank when
he makes or draws and issues a
check;
(b) He fails to keep sufficient funds or
to maintain a credit to cover the
full amount of the check if
presented within a period of ninety
(90) days from the date appearing
thereon;
(c) For which reason, the check is
dishonored by the drawee bank.
Where the check is drawn by a corporation,
company or entity, the person or persons who
actually signed the check in behalf of such
drawer shall be liable.
Evidence of Knowledge of Insufficient
Funds
The making, drawing and issuance of a check
payment of which is refused by the drawee
because of insufficient funds in or credit with
such bank, when presented within ninety (90)
days from the date of the check, shall be
prima facie evidence of knowledge of such
insufficiency of funds or credit unless such
maker or drawer pays the holder thereof the
amount due thereon, or makes arrangements
for payment in full by the drawee of such
check within (5) banking days after receiving
notice that such check has not been paid by
the drawee.
Preference of Im position of Fine
The decision by Supreme Court in Vaca vs. CA
modified the sentence imposed for violation
of B.P. Blg. 22 by deleting the penalty of
imprisonment and imposing only the penalty
of fine in an amount double the amount of
the check. In justification thereof, the Court
said: Petitioner are first-time offenders. In
Lim vs. People of the Philippines, the Court
deleted the penalty of imprisonment and
sentenced the drawer of the bounced check
to the maximum of the fine allowed by B.P.
Blg. 22, i.e., P200,000, and concluded that
“such would best serve the ends of criminal
justice. (A.C. 12-2000 Re: Penalty for
Violation of B.P. 22)
In a subsequent Administrative Circular
(Adm inistrative Circular No. 13-2001
Re Clarification for Admin. Circular
12-2000), the Court clarified that:
UP LAW BOC CRIMINAL LAW 2
(1) A.C. 12-2000 does not remove
imprisonment as an alternative penalty
for violations of B.P. Blg. 22;
(2) The Judges concerned may, in the
exercise of sound discretion, and taking
into consideration the peculiar
circumstances of each case, determine
whether the imposition of a fine alone
would best serve the interests of justice
or whether forbearing to impose
imprisonment would depreciate the
seriousness of the offense, work violence
on the social order, or otherwise be
contrary to the imperatives of justice;
(3) Should only a fine be imposed and the
accused be unable to pay the fine, there
is no legal obstacle to the application of
the Revised Penal Code provisions on
subsidiary imprisonment.
Double jeopardy does not apply because
estafa in RPC is a distinct crime from BP 22.
Deceit and damage are essential elements of
RPC, which are not required in BP 22. [Nierras
vs Dacuycuy (1990)]
ESTAFA THROUGH OTHER FRAUDULENT
MEANS (315 PAR 3 (A) (B) (C))
Par 3 (a): By inducing another, through
deceit, to sign any document
Elements:
(a) Offender induced the offended party to
sign a document.
(b) Deceit was eployed to make offended
party sign the document.
(c) Offended party personally signed the
document.
(d) Prejudice was caused.
Offender must induce the offended party to
sign the document. If offended party is willing
from the start to sign the document, because
the contents are different from those which
the offended told the accused to state in the
document, the crime is falsification.
There can be no conviction for estafa in the
absence of proof that defendant made
statements tending to mislead complainant.
Par.3 (b): By resorting to som e
fraudulent practice to ensure success
in a gam bling gam e
PAGE 310 OF 342
CRIMINAL LAW
Par.3 (c): By rem oving, concealing or
destroying any court record, office files,
docum ent or any other papers
Elements:
(a) There are court record, office files,
documents or any other papers.
(b) The offender removed, concealed or
destroyed any of them.
(c) The offender had Intent to defraud
another.
If there is no malicious intent to defraud, the
destruction of court record is malicious
mischief.
Elements of deceit and abuse of confidence
may co-exist.
If there is neither deceit nor abuse of
confidence, it is not estafa, even if there is
damage. There is only civil liability.
Deceit through Infidelity in Custody
Fraudulent Means of Documents
Offender is a private Offender is a public
person OR a public person entrusted
person not entrusted with the documents
w/ documents
There is intent to Intent to defraud is
defraud not required
The element of damage or prejudice
capable of pecuniary estim ation m ay
consist in:
(1) The offended party being deprived of his
money or property, as result of the fraud;
(2) Disturbance in property right; or
(3) Temporary prejudice
Payment subsequent to the commission of
estafa does not extinguish criminal liability or
reduce the penalty.
The crime of estafa is not obliterated by
acceptance of promissory note.
A private person who procures a loan by
means of deceit through a falsified public
document of mortgage, but paid loan within
the period agreed upon, is not guilty of estafa
but only falsification of a public document.
UP LAW BOC
Accused cannot be convicted of estafa with
abuse of confidence if charged w/ estafa by
means of deceit
ARTICLE 316 - OTHER FORMS OF
SWINDLING AND DECEITS
Par 1. By conveying, selling,
encum bering, or m ortgaging any real
property, pretending to be the owner of
the same
Elements:
(a) The thing is immovable, such as a parcel
of land or a building.
(b) Offender who is not the owner of said
property represents that he is the owner
thereof.
(c) Offender executed an act of ownership
(selling, encumbering or mortgaging the
real property).
(d) The act was made to the prejudice of the
owner or a third person.
The thing disposed of must be real property.
If it is chattel, crime is Estafa.
There must be existing real property.
Even if the deceit is practiced against the
second purchaser but damage is incurred by
the first purchaser, there is violation of par.1
of Art. 316.
Since the penalty is based on the “value of
the damage” there must be actual damage
caused.
Par. 2. By disposing of real property as
free from encum brance, although such
encum brance be not recorded
Elements:
(a) The thing disposed of is real property.
(b) Offender knew that the real property was
encumbered, whether the encumbrance
is recorded or not.
(c) There was express representation by the
offender that the real property is free
from encumbrance.
(d) Act of disposing of the real property was
made to the damage of another.
Act constituting the offense is disposing of
the real property representing that it is free
from encumbrance.
CRIMINAL LAW 2 CRIMINAL LAW
“Dispose” – includes encumbering or
mortgaging.
“Encumbrance” – includes every right or
interest in the land which exists in favor of
third persons.
The offended party would not have granted
the loan had he known that the property was
already encumbered. When the loan had
already been granted when defendant
offered the property as security for the loan,
Art. 316 par. 2 is not applicable.
Usurious loan with equitable mortgage is not
an encumbrance on the property.
If 3rd element not established, there is no
crime.
There must be damage caused. It is not
necessary that act prejudice the owner of the
land.
The omitted phrase “as free from
encumbrance” in par 2 of Art. 316 is the basis
of the ruling that silence as to such
encumbrance does not involve a crime.
Par. 3. By wrongfully taking by the
owner of his personal property from its
lawful possessor
Elements:
(a) Offender is the owner of personal
property.
(b) Said property is in the lawful possession
of another.
(c) Offender wrongfully takes it from its
lawful possessor.
(d) Prejudice is thereby caused to the lawful
possessor or third person.
Offender must wrongfully take the personal
property from the lawful possessor.
Wrongfully take does not include the use of
violence or intimidation.
If the thing is taken by means of violence,
without intent to gain, it is not estafa, but
grave coercion.
If the owner took the personal property from
its lawful possessor without the latter’s
knowledge and later charged him with the
value of the property, the crime is theft. If
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there is intent to charge the bailee with its (2) Made before the cancellation of his
value, the crime is robbery. [US v Albao] bond, or
(3) Before being relieved from the
Par. 4. By executing any fictitious obligation contracted by him.
contract to the prejudice of another
Elements: There must be damage caused under Art. 316.
(a) Offender executes a contract
(b) Contract is fictitious Estafa under PD 1689: Increasing the
(c) Prejudice is caused. Penalty for Certain Form s of Swindling
or Estafa
Illustration: A person who simulates a
conveyance of his property to another to Syndicated estafa
defraud his creditors. If the conveyance is real (1) Estafa or other forms of swindling as
and not simulated, the crime is fraudulent defined by Art. 315 and 316 RPC was
insolvency. committed;
(2) The swindling is committed by a
Par. 5. By accepting any compensation syndicate consisting of five or more
for services not rendered or for labor persons formed with the intention of
not perform ed carrying the unlawful or illegal
Elements: act/transaction/enterprise/scheme; and
(a) Offender accepts any compensation for (3) The defraudation results in the
services or labor misappropriation of money contributed
(b) He did not render any service or by stockholders, or members of rural
perform any labor banks, cooperative, “samahang
nayon(s)”, or farmers association, or of
There must be fraud. Otherwise, it will only funds solicited by
be solutio indebiti, with civil obligation to corporations/associations from the
return the wrong payment. general public.
Penalty: Life imprisonment to death
If the money in payment of a debt was
delivered to a wrong person, Art. 316 par 5 is Large-scale Estafa
not applicable. (1) Estafa or other forms of swindling as
defined by Art. 315 and 316 RPC was
In case the person who received it later committed;
refused or failed to return it to the owner of (2) The swindling is NOT committed by a
the money, Art. 315 subdivision 1(b) is syndicate as defined above;
applicable. (3) The defraudation results in the
misappropriation of money contributed
Par. 6. By selling, m ortgaging or by stockholders, or members of rural
encum bering real property or banks, cooperative, “samahang
properties with which the offender nayon(s)”, or farmers association, or of
guaranteed the fulfilm ent of his funds solicited by
obligation as surety corporations/associations from the
Elements: general public; and
(a) Offender is a surety in a bond given in a (4) Amount of fraud exceeds Php. 100,000
criminal or civil action. Penalty: Reclusion temporal to reclusion
(b) He guaranteed the fulfillment of such perpetua
obligation with his real property or
properties. ARTICLE 317 - SWINDLING OF A MINOR
(c) He sells, mortgages, or, in any other Elem ents:
manner encumbers said real property. (a) Offender takes advantage of the
(d) That such sale, mortgage, or inexperience or emotions or feelings of a
encumbrance is minor.
(1) Without express authority from the (b) He induces such minor
court, or (1) to Assume an obligation, or
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(2) to Give release, or
(3) to Execute a transfer of any property
right.
(c) That the consideration is
(1) some loan of money,
(2) Credit, or
(3) Other personal property.
(d) That the transaction is to the detriment
of such minor.
Real property is not included because only
money, credit and personal property are
enumerated, and because a minor cannot
convey real property without judicial authority.
ARTICLE 318 - OTHER DECEITS
Acts punished:
(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, or by
taking advantage of the credulity of the
public in any other manner, for profit or
gain.
Any other kind of conceivable deceit may fall
under this article. As in other cases of estafa,
damage to the offended party is required.
The deceits in this article include false
pretenses and fraudulent acts.
Chattel Mortgage
The object of the Chattel Mortgage Law is to
give the necessary sanction to the statute, so
that mortgage debtors may be deterred from
violating its provisions and mortgage
creditors may be protected against loss or
inconvenience from wrongful removal or sale
of mortgaged property.
CHAPTER 7: CHATTEL MORTGAGE
ARTICLE 319 - REMOVAL, SALE, OR
PLEDGE OF MORTGAGED PROPERTY
Acts punishable under Art. 319:
(1) By knowingly removing any personal
property mortgaged under the Chattel
Mortgage Law to any province or city
other than the one in which it was
located at the time of execution of the
mortgage, without the written consent of
CRIMINAL LAW 2 CRIMINAL LAW
the mortgagee or his executors,
administrators or assigns.
(2) By selling or pledging personal property
already pledged, or any part thereof,
under the terms of the Chattel Mortgage
Law, without the consent of the
mortgagee written on the back of the
mortgage and noted on the record
thereof in the office of the register of
deeds of the province where such
property is located.
Chattel mortgage must be valid and
subsisting.
If chattel mortgage does not contain an
affidavit of good faith and is not registered, it
is void and cannot be prosecuted under Art
319
Elem ents of knowingly rem oving
m ortgaged personal property:
(a) Personal property is mortgaged under
the Chatter Mortgage Law.
(b) Offender knows that such property is so
mortgaged.
(c) He removes such mortgaged 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.
(d) The removal is permanent.
(e) There is no written consent of the
mortgagee or his executors,
administrators or assigns to such
removal.
A person other than the mortgagor who
removed the property to another province,
knowing it to be mortgaged, may be liable.
The removal of the mortgaged personal
property must be coupled with intent to
defraud.
No felonious intent if transfer of personal
property is due to change of residence.
If the mortgagee opted to file for collection,
not foreclosure, abandoning the mortgage as
basis for relief, the removal of property to
another province is not a violation of Art 319
par1.
In estafa, the property involved is real
property. In sale of mortgaged property, it is
personal property.
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CHAPTER 8: ARSON AND OTHER

Elem ents of selling or pledging CRIMES INVOLVING DESTRUCTION
personal property already pledged:
(a) Personal property is already pledged Articles 320-326-B have been repealed by PD
under the terms of the Chattel Mortgage 1613 (Amending the Law on Arson)
Law.
(b) The offender, who is the mortgagor of KINDS OF ARSON:
such property, sells or pledges the same (1) Arson (PD 1613, Sec. 1)
or any part thereof. (2) Destructive arson (Art. 320, as amended
(c) There is no consent of the mortgagee by RA 7659)
written on the back of the mortgage and (3) Other cases of arson (Sec. 3, PD 1613)
noted on the record thereof in the office
of the register of deeds. PD 1613, §1. ARSON
The consent of the mortgagee must be Section 1. Arson. Any person who burns or
(1) in writing, sets fire to the property of another shall be
(2) on the back of the mortgage, and punished by Prision Mayor.
(3) noted on the record thereof in the office
of the register of deeds. The same penalty shall be imposed when a
person sets fire to his own property under
Damage is NOT essential. circumstances which expose to danger the
life or property of another.
Chattel mortgage may give rise to estafa by
means of deceit. Attem pted, Frustrated, and
Consum m ated Arson
Art 319 Art 316 Estafa
In both there is Attempted arson – A person, intending to
selling of a burn a wooden structure, collects some rags,
mortgaged property. soaks them in gasoline and places them
beside the wooden wall of the building. When
Personal property Property involved is he was about to light a match to set fire to
real property(Art. 316 the rags, he is discovered by another who
par 2) chases him away. In attempted arson, it is not
Committed by the Committed by selling necessary that there be a fire.
mere failure to obtain real property
consent of the mortgaged as free, Frustrated arson – If that person is able
mortgagee in writing, even though the to light or set fire to the rags, but the fire was
even if offender vendor may have put out before any part of the building was
should inform the obtained the consent burned.
purchaser that the of the mortgagee in
thing sold is writing. Consummated arson – If before the fire
mortgaged was put out, it had burned a part of the
building.
Purpose: to protect Purpose: to protect
the mortgagee the purchaser (1st or If the property burned is an inhabited house
2nd) or dwelling, it is not required that the house
be occupied by one or more persons and the
offender knew it when the house was burned.

No complex crime of arson with homicide. If

by reason of or on the occasion of arson death
results, the penalty of reclusion perpetua to
death shall be imposed. Homicide is
absorbed.
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Any of 7 circumstances in Sec. 6 of PD 1613 is
sufficient to establish fact of arson if
unexplained.
How is the crime of Arson proved?
In the prosecution for Arson, proof of the
crime charged is complete where the
evidence establishes:
(1) the corpus delicti, i.e., a fire because of
criminal agency; and
(2) the identity of the defendant as the one
responsible for the crime.
In Arson, the corpus delicti rule is satisfied by
proof of the bare fact of the fire and of it
having been intentionally caused. [Gonzales,
Jr. v. People, 2007]
PD 1613, §2. DESTRUCTIVE ARSON
SEC. 2. Destructive Arson—The penalty of
Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the
property burned is any of the following:
(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 church or place of worship or other
building where people usually assemble.
(4) Any train, airplane or any aircraft, vessel
or watercraft, or conveyance for
transportation of persons or property.
(5) Any building where evidence is kept for
use in any legislative, judicial, or
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.
SEC. 3. Other Cases of Arson—The penalty of
Reclusion Temporal to Reclusion Perpetua
shall be imposed if the property burned is any
of the following:
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CRIMINAL LAW
(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, 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
Article 320, RPC, as amended, with respect
to destructive arson, and the provisions of PD
1613 respecting other cases of arson provide
only one penalty for the commission of arson,
whether destructive or otherwise, where
death results therefrom. The raison d’etre is
that arson is itself the end and death is
simply the consequence.
In cases where both burning and death occur,
in order to determine what crime/crimes
was/were perpetrated – whether arson,
murder, or arson and homicide/murder, it is
de rigueur to ascertain the main objective of
the malefactor:
(a) if the main objective is the burning of the
building or edifice, but death results by
reason or on the occasion of arson, the
crime is simply Arson, and the resulting
homicide is absorbed;
(b) if, on the other hand, the main objective
is to kill a particular person who may be
in a building or edifice, when fire is
resorted to as the means to accomplish
such goal, the crime committed is
Murder only; and lastly, (c) if the
objective is, likewise, to kill a particular
person, and in fact the offender has
already done so, but fire is resorted to as
means to cover up the killing, then there
are two separate and distinct crimes
committed – Hom icide/Murder and
Arson
CHAPTER 9 MALICIOUS MISCHIEF
Malicious Mischief – It is the willful
causing of damage to another’s property for
the sake of causing damage because of hate,
revenge or other evil motive.
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ARTICLE 327 - WHO ARE RESPONSIBLE
Elem ents of m alicious m ischief:
(a) Offender deliberately caused damage to
the property of another.
(b) Such act does not constitute arson or
other crimes involving destruction
(c) The act of damaging another’s property
was committed merely for the sake of
damaging it.
If there is no malice in causing damage, the
obligation to pay for the damages is only civil
(Art. 2176)
Damage means not only loss but also
diminution of what is a man’s own. Thus,
damage to another’s house includes defacing
it. [People v Asido]
ARTICLE 328 - SPECIAL CASES OF
MALICIOUS MISCHIEF
Special cases of m alicious m ischief:
(qualified m alicious m ischief)
(1) Causing damage to obstruct the
performance of public functions
(2) Using any poisonous or corrosive
substance
(3) Spreading infection or contagion among
cattle
(4) Causing damage to 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.
ARTICLE 329 - OTHER MISCHIEFS
Other mischiefs not included in Art. 328 are
punished based on value of the damage
caused.
If the amount involved cannot be estimated,
the penalty of arresto menor or fine not
exceeding P200 is fixed by law.
When several persons scattered coconut
remnants which contained human excrement
on the stairs and floor of the municipal
building, including its interior, the crime
committed is malicious mischief under Art.
329. [People v Dumlao]
ARTICLE 330 - DAMAGE AND
OBSTRUCTION TO MEANS OF
COMMUNICATION
CRIMINAL LAW 2 CRIMINAL LAW
Committed by damaging any railway,
telegraph, or telephone lines. If the damage
shall result in any derailment of cars, collision,
or other accident, a higher penalty shall be
imposed. (Qualifying Circumstance)
Telegraph/phone lines must pertain to
railways.
Q: What is the crime when, as a result of the
damage caused to railway, certain
passengers of the train are killed?
A: It depends. Art. 330 says “without
prejudice to the criminal liability of the
offender for other consequences of his
criminal act.”
If there is no intent to kill, the crime is
“damages to means of communication” with
homicide because of the first paragraph of
Art. 4 and Art. 48.
If there is intent to kill, and damaging the
railways was the means to accomplish the
criminal purpose, the crime is murder
ARTICLE 331 – DESTROYING OR
DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS
Acts punished:
(1) Destroying or damaging statues or any
other useful or ornamental public
monument
(2) Destroying or damaging any useful or
ornamental painting of a public nature.
The penalty is lower if the thing destroyed is a
public painting, rather than a public
monument.
CHAPTER 10: EXEMPTION FROM
CRIMINAL LIABILITY
ARTICLE 332 - EXEMPTION FROM
CRIMINAL LIABILITY IN CRIMES AGAINST
PROPERTY
Crim es involved in the exem ption:
(1) Theft
(2) Swindling (estafa)
(3) Malicious mischief
If the crime is robbery, exemption does not lie.
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Persons exem pt from crim inal liability:
(1) Spouses, ascendants and descendants,
or relatives by affinity in the same line.
(2) The widowed spouse with respect to the
property which belonged to the
deceased spouse before the same
passed into the possession of another.
(3) Brothers and sisters and brothers-in-law
and sisters-in-law, if living together.
The law recognizes the presumed co-
ownership of the property between the
offender and the offended party. There is no
criminal, but only civil liability.
Art. 332 does not apply to a stranger who
participates in the commission of the crime.
Stepfather and stepmother are included as
ascendants by affinity. [People v Alvarez;
People v Adame]
Guevarra: An adopted or natural child should
also be considered as included in the term
“descendants” and a concubine or paramour
within the term “spouses”.
Art. 332 also applies to common-law spouses.
[Art. 144, CC; People v Constantino]
See again: RA 9372: Hum an Security
Act on Punishable Acts of Terrorism ,
supra
CRIMINAL LAW 2 CRIMINAL LAW
Title XI. Crimes against
Chastity
(1) Art. 333: Adultery
(2) Art. 334: Concubinage
(3) Art. 336: Acts of Lasciviousness
(4) Art. 337: Qualified Seduction
(5) Art. 338: Simple Seduction
(6) Art. 339: Acts of Lasciviousness with the
consent of the offended party
(7) Art. 340: Corruption of minors
(8) Art. 341: White Slave Trade
(9) Art. 342: Forcible Abduction
(10) Art. 343: Consented Abduction
(11) Art. 344: Prosecution of the crimes of
Adultery
(12) Art. 345: Civil Liability
(13) Art. 346: Liability of ascendants,
guardians, teachers, or other persons
entrusted with custody of the offended
party
ARTICLE 333 - ADULTERY
Elem ents:
(a) The woman is married;
(b) She has sexual intercourse with a man
not her husband;
(c) As regards the man with whom she has
sexual intercourse: he knows her to be
married.
LEGENDS:
H – husband; W – wife; M - marriage
Offenders: Married woman and/or the man
who has carnal knowledge of her, knowing
her to be married, even if the M be
subsequently declared void. It is not
necessary that there be a valid M (i.e. void ab
initio)
Essence of adultery: violation of the marital
vow
Gist of the crime: the danger of introducing
spurious heirs into the family, where the
rights of the real heirs may be impaired and a
man may be charged with the maintenance
of a family not his own. (US v. Mata)
The offended party must be legally married to
the offender at the time of the filing of the
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complaint, even if the marriage be
subsequently declared void.
Each sexual intercourse constitutes a crime of
adultery.
Abandonment without justification is not
exempting, but only mitigating. Both
defendants are entitled to this mitigating
circumstance.
The man, to be guilty of adultery, must have
knowledge of the married status of the
woman.
A married man who is not liable for adultery,
because he did not know that the woman is
married, may be held liable for concubinage.
Acquittal of one of the defendants does not
operate as a cause of acquittal of the other.
Under the law, there is no accomplice in
adultery.
Direct proof of carnal knowledge is not
necessary. Circumstantial evidence is
sufficient. (i.e. love letters signed by the
paramour, photos showing intimate relations,
testimony of witnesses)
Pardon by the H does not exempt the
adulterous W and her paramour from
criminal liability for adulterous acts
committed subsequent to such pardon,
because the pardon refers to previous and
not to subsequent adulterous acts
Effect of Pardon - applies to
Concubinage as well:
(1) The pardon must come before the
institution of the criminal prosecution;
and
(2) Both the offenders must be pardoned by
the offended party. Act of sexual
intercourse subsequent to adulterous
conduct is considered as an implied
pardon.
(3) Pardon of the offenders by the offended
party is a bar to prosecution for adultery
or concubinage.
(4) Delay in the filing of complaint, if
satisfactorily explained, does not indicate
pardon.
PAGE 318 OF 342
CRIMINAL LAW
Effect of consent:
The husband, knowing that his wife, after
serving sentence for adultery, resumed living
with her co-defendant, did nothing to
interfere with their relations or to assert his
rights as husband. The second charge of
adultery should be dismissed because of
consent. [People v. Sensano and Ramos]
Agreement to separate may be used as
evidence to show consent by the husband to
the infidelity of his wife.
Effect of death of paramour: Offending
wife may still be prosecuted. The requirement
that both offenders should be included in the
complaint is absolute only when the two
offenders are alive.
Effect of death of offended party: The
proceedings may continue. Art. 353 seeks to
protect the honor and reputation not only of
the living but of dead persons as well.
ARTICLE 334 - CONCUBINAGE
Elem ents:
(1) The man is married;
(2) He is either:
(a) keeping a mistress in the conjugal
dwelling;
(b) Having sexual intercourse under
scandalous circumstance with a
woman not his wife;
(c) Cohabiting with her in any other
place;
(3) As regards the woman, she knows him to
be married.
Offenders: married man and the woman who
knows him to be married.
The woman only becomes liable if she knew
him to be married prior to the commission of
the crime.
In the 3rd way of committing the crime, mere
cohabitation is sufficient; Proof of scandalous
circumstances not necessary. [People v. Pitoc,
et. al.]
A married man is not liable for concubinage
for mere sexual relations with a woman not
his wife. A man would only be guilty of
concubinage if he appeared to be guilty of
any of the acts punished in Art. 334.
UP LAW BOC CRIMINAL LAW 2
A married man who is not liable for adultery
because he did not know that the woman was
married, may be held liable for concubinage.
If the woman knew that the man was married,
she may be held liable for concubinage as
well.
Mistress – a woman taken by the accused to
live with him in the conjugal dwelling as his
mistress/concubine. [People v. Bacon and
People v. Hilao]
Keeping a mistress in the conjugal dwelling –
no positive proof of sexual intercourse is
necessary
Conjugal Dwelling – the home of the
husband (H) and the wife (W) even if the wife
appears to be temporarily absent on any
account.
The dwelling of the spouses was constructed
from the proceeds of the sale of their
conjugal properties.
The fact that W never had a chance to reside
therein and that H used it with his mistress
instead, does not detract from its nature.
[People v. Cordova (1959)]
Cohabit – to dwell together as H and W for a
period of time (i.e. A week, a month, year or
longer)
Scandalous circum stances – Scandal
consists in any reprehensible word or deed
that offends public conscience, redounds to
the detriment of the feelings of honest
persons, and gives occasion to the neighbors’
spiritual damage or ruin. [People v. Santos]
It is only when the mistress is kept elsewhere
(outside the conjugal dwelling) that
“scandalous circumstances” become an
element of the crime. [US v. Macabagbag]
Qualifying expression: Sexual act which may
be proved by circumstantial evidence
Scandal produced by the concubinage
of H:
(1) H and mistress live in the same room of a
house
(2) They appear together in public,
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CRIMINAL LAW
(3) Perform acts in sight of the community
which give rise to criticism and general
protest among the neighbors.
When spies are employed for the purpose of
watching the conduct of the accused and it
appearing that none of the people living in
the vicinity has observed any suspicious
conduct, there is no evidence of scandalous
circumstances. [US v. Campos Rueda]
Reason: Adultery is punished more severely
than concubinage because adultery makes
possible the introduction of another man’s
offspring into the family so that the offended
H may have another man’s son bearing H’s
name and receiving support from him.
ARTICLE 336 - ACTS OF LASCIVIOUSNESS
Elem ents:
(a) The offender commits any act of
lasciviousness or lewdness;
(b) The act is committed against a person of
either sex;
(c) It is done under any of the ff.
circumstances:
(1) By using force or intimidation; or
(2) When the offended party is deprived
of reason or otherwise unconscious;
(3) By means of fraudulent machination
or grave abuse of authority
(4) When the offended party is under 12
years of age or is demented.
Lewd – obscene, lustful, indecent, lecherous;
signifies form of immorality which has
relation to moral impurity or that which is
carried in wanton manner
Motive of lascivious acts is not important
because the essence of lewdness is in the very
act itself.
Example: If the kissing etc. was done inside
church (which is a public place), absence of
lewd designs may be proven, and the crime is
unjust vexation only. But if the kissing was
done in the house of a woman when she was
alone, the circumstances may prove the
accused’s lewd designs.
Absent any of the circumstances of rape
under the 3rd element, the crime is UNJUST
VEXATION. (e.g. touching of breast)
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Lascivious intent is implied from the nature of indicate that the clearly indicate that
the act and the surrounding circumstances. accused was to lie w/ the accused’s
the offended party. purpose was to lie w/
Consider the act and the environment to the offended woman.
distinguish between Acts of Lasciviousness
and Attempted Rape. Desistance in the Lascivious acts are the Lascivious acts are
commission of attempted rape may final objective sought only the preparatory
constitute acts of lasciviousness. by the offender. acts to the
commission of rape.
There is no attempted or frustrated act of
lasciviousness. Abuses against chastity (Art. 245) v
Acts of lasciviousness (Art. 336)
Acts of Lasciviousness v. Grave Offenses against Abuses against
Coercion Chastity Chastity
Acts of Lasciviousness Grave Coercion
Committed by a Committed by a
Compulsion or force is Compulsion or force private individual, in public officer only
included in the is the very act most cases
constructive element constituting the
of force. offense of grave Some act of Mere immoral or
coercion. lasciviousness should indecent proposal
have been executed made earnestly and
Must be accompanied Moral compulsion by the offender. persistently is
by acts of amounting to sufficient.
lasciviousness or intimidation is
lewdness. sufficient. The accused followed the victim, held her,
embraced her, tore her dress, and tried to
Acts of Lasciviousness v. Attem pted touch her breast. When a complaint for acts
Rape of lasciviousness was filed against him,
Acts of Lasciviousness Attempted Rape accused claimed that he had no intention of
having sexual intercourse with her and that
Same means of he did the acts only as revenge. TC found the
committing the crime: accused guilty of FRUSTRATED ACTS OF
(1) Force, threat, or LASCIVIOUSNESS. SC held that there is no
intimidation is frustrated crime against chastity which
employed; or includes acts of lasciviousness, adultery, and
(2) By means of rape. [People v. Famularcano]
fraudulent
machination or grave From the moment the offender performs all
abuse of authority; or the elements necessary for the existence of
(3) The offended party the felony, he actually attains his purpose.
is deprived of reason
or otherwise Motive of revenge is of no consequence since
unconscious; or the element of lewdness is in the very act
(4) Victim is under 12 itself. Example: Compelling a girl to dance
yrs. of age or is naked before a man is an act of
demented lasciviousness, even if the dominant motive is
Offended party is a revenge, for her failure to pay a debt.
person of either sex.
TWO KINDS OF SEDUCTION:
The performance of
(1) Qualified seduction (Art. 337)
acts of lascivious
(2) Simple seduction (Art. 338)
character
Acts performed do not Acts performed

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“Lascivious Conduct” under RA 7610
The elements of sexual abuse under Section
5 (b) of RA 7610 that must be proven in
addition to the elements of acts of
lasciviousness are as follows:
(1) The accused commits the act of sexual
intercourse or lascivious conduct.
(2) The said act is performed with a child
exploited in prostitution or subjected to
other sexual abuse.
(3) The child, whether male or female, is
below 18 years of age. [Navarrete vs.
People (2007)]
“Lascivious conduct” is defined
under Section 2 (h) of the rules and
regulations of RA 7610 as:
(1) The intentional touching, either directly
or through clothing, of the genitalia,
anus, groin, breast, inner thigh, or
buttocks, OR the introduction of any
object into the genitalia, anus or mouth,
of any person,
(2) whether of the same or opposite sex,
(3) with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the
sexual desire of any person,
(4) bestiality, masturbation, lascivious
exhibition of the genitals or pubic area of
a person
Com parison with art. 366, RPC
Acts of lasciviousness is punished under RA
7610 when performed on a child below 18
years of age exploited in prostitution or
subjected to other sexual abuse.
See discussion above for other acts of abuse
The sweetheart theory applies in acts of
lasciviousness and rape, felonies committed
against or without the consent of the victim.
It operates on the theory that the sexual act
was consensual. It requires proof that the
accused and the victim were lovers and that
she consented to the sexual relations.
For purposes of sexual intercourse and
lascivious conduct in child abuse cases under
RA 7610, the sweetheart defense is
unacceptable. A child exploited in
prostitution or subjected to other sexual
abuse cannot validly give consent to sexual
intercourse with another person. [Malto v.
People (2007)]
PAGE 321 OF 342
CRIMINAL LAW
ARTICLE 337 - QUALIFIED SEDUCTION
Seduction - enticing a woman to unlawful
sexual intercourse by promise of marriage or
other means of persuasion without use of
force. It applies when there is abuse of
authority (qualified seduction) or deceit
(simple seduction).
Two classes of Qualified Seduction and
their elements:
(1) Seduction of a virgin over 12 years and
under 18 years of age by certain persons
such as, a person in authority, priest,
teacher or any person who, in any
capacity shall be entrusted with the
education or custody of the woman
seduced.
Elements:
(a) Offended party is a virgin, which is
presumed if she is unmarried and of
good reputation;
(b) She is over 12 and under 18 yrs. of age;
(13-17 years 11 months 29 days)
(c) Offender has sexual intercourse with
her;
(d) There is abuse of authority, confidence,
or relationship on the part of the
offender.
(2) Seduction of a sister by her brother, or
descendant by her ascendant, regardless
of her age or reputation.
Elements
(a) Offended party need not be a virgin or
she may be over 18 years old
(b) Offender has sexual intercourse with
her
(c) Offender is her brother or ascendant by
consanguinity, whether legitimate or
illegitimate.
Virgin - a woman of chaste character and of
good reputation. The offended party need not
be physically a virgin.
If there is no sexual intercourse and only acts
of lewdness are performed, the crime is acts
of lasciviousness. If any of the circumstances
in the crime of rape is present, the crime is
not to be punished under Art. 337.
UP LAW BOC CRIMINAL LAW 2
The accused charged with rape cannot be
convicted of qualified seduction under the
same information.
Offenders in Qualified Seduction:
(1) Those who abused their authority:
(a) Person in public authority;
(b) Guardian;
(c) Teacher;
(2) Person who, in any capacity, is entrusted
with the education or custody of the
woman seduced.
(a) Those who abused confidence
reposed in them:
(b) Priest;
(c) House servant;
(d) Domestic
(3) Those who abused their relationship:
(a) Brother who seduced his sister;
(b) Ascendant who seduced his
descendant.
“Dom estic” - a person usually living under
the same roof, pertaining to the same house.
Not necessary that the offender be the
teacher of the offended party; it is sufficient
that he is a teacher in the same school.
Qualified seduction may also be committed
by a master to his servant, or a head of the
family to any of its members.
Qualified seduction of a sister or descendant,
also known as INCEST, is punished by a
penalty next higher in degree.
The age, reputation, or virginity of the sister
or descendant is irrelevant. The relationship
need not be legitimate.
A 15-year old virgin, who was brought by her
mother to the house of the accused and his
wife to serve as a helper, repeatedly yielded
to the carnal desires of the accused, as she
was induced by his promises of marriage and
frightened by his acts of intimidation.
HELD: DECEIT, although an essential
element of ordinary or simple seduction, does
not need to be proved or established in a
charge of qualified seduction. It is replaced by
ABUSE OF CONFIDENCE. [People v.
Fontanilla]
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CRIMINAL LAW
The accused, a policeman, brought a 13-year
old girl with low mentality, to the ABC Hall
where he succeeded in having sexual
intercourse with her. The complaint did not
allege that the girl was a virgin. The accused
was charged with RAPE but convicted of
QUALIFIED SEDUCTION.
HELD: Though it is true that virginity is
presumed if the girl is over 12 but under 18,
unmarried and of good reputation, virginity is
still an essential element of the crime of
qualified seduction and must be alleged in
the complaint. Accused is guilty of RAPE,
considering the victim’s age, mental
abnormality and deficiency. There was also
intimidation with the accused wearing his
uniform. [Babanto v. Zosa]
Perez succeeded in having sexual intercourse
with Mendoza after he promised to marry her.
As he did not make good on said promise,
Mendoza filed a complaint for Consented
Abduction. Trial Court found that the acts
constituted seduction, acquitting him on the
charge of Consented Abduction. Mendoza
then filed a complaint for Qualified Seduction.
Perez moved to dismiss the case on the
grounds of double jeopardy.
HELD: There are similar elements between
consented abduction and qualified seduction,
namely:
(1) the offended party is a virgin, and
(2) over 12 but under 18 yrs. of age
However, an acquittal for CONSENTED
ABDUCTION will not preclude the filing of a
charge for QUALIFIED SEDUCTION because
the elements of the two crimes are different.
[Perez v. CA]
NOTE: The fact that the girl gave consent to
the sexual intercourse is not a defense.
ARTICLE 338 - SIMPLE SEDUCTION
Elem ents:
(a) Offended party is over 12 and under 18
years of age;
(b) She is of good reputation, single or
widow;
(c) Offender has sexual intercourse with her;
(d) It is committed by means of deceit.
Purpose of the law - To punish the seducer
who by means of promise of marriage,
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destroys the chastity of an unmarried female Acts of

of previous chaste character Acts of Lasciviousness
Lasciviousness
with consent (Art. 339)
(Art. 336)
Virginity of offended party is not essential,
good reputation is sufficient. Committed under Committed under
circumstances w/c, circumstances w/c,
Virginity of offended party is not required. had there been had there been carnal
carnal knowledge, knowledge, would
Deceit generally takes the form of unfulfilled would amount to amount to either
promise of marriage. rape qualified or simple
Promise of marriage must be the inducement seduction
and the woman must yield because of the Offended party is a Offended party should
promise or other inducement. female or male only be female
What about unfulfilled promise of material
things, as when the woman agrees to sexual ARTICLE 340 - CORRUPTION OF MINORS
intercourse in exchange for jewelry? This is not Elem ents:
seduction because she is a woman of loose (a) Offender promotes or facilitates the
morals. prostitution or corruption of persons
under age (minors),
Promise of marriage after sexual intercourse (b) Purpose is to satisfy the lust of another
does not constitute deceit. Promise of
marriage by a married man is not a deceit, if Habituality or abuse of authority or
the woman knew him to be married. confidence is not necessary.

Seduction is not a continuing offense.
ARTICLE 339 - ACTS OF LASCIVIOUSNESS
WITH THE CONSENT OF THE OFFENDED
PARTY
Elem ents:
(a) Offender commits acts of lasciviousness
or lewdness;
(b) The acts are committed upon a woman
who is a virgin or single or widow of good
reputation, under 18 yrs. of age but over
12 yrs., or a sister or descendant,
regardless of her reputation or age;
(c) The offender accomplishes the acts by
abuse of authority, confidence,
relationship, or deceit.
It is necessary that it be committed under
circumstances which would make it qualified
or simple seduction had there been sexual
intercourse, instead of acts of lewdness only.
When the victim is under 12 yrs., the penalty
shall be one degree higher than that imposed
by law. (sec. 10 of R.A. 7610)
Males cannot be the offended party.
It is not necessary that the unchaste acts
shall have been done.
Mere proposal will consummate the offense.
The victim must be of good reputation, not a
prostitute or corrupted person.
There is a crime of Attempted Child
Prostitution. (Sec. 6, RA 7610)
See again: RA 7610: Special Protection of
Children against Child Abuse, Exploitation
and Discrimination (supra)
ARTICLE 341 - WHITE SLAVE TRADE
Acts punishable:
(1) Engaging in business of prostitution
(2) Profiting by prostitution
(3) Enlisting the services of women for the
purpose of prostitution.
Habituality is not a necessary element of
white slave trade.
‘Under any pretext’ – one who engaged the
services of a woman allegedly as a maid, but
in reality for prostitution, is guilty under this
article.

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Victim is under 12 yrs., penalty shall be one If the female abducted is under 12, the crime
degree higher. is forcible abduction, even if she voluntarily
goes with her abductor.
Offender need not be the owner of the house.
When the victim was abducted by the
Maintainer or manager of house of ill-repute accused without lewd designs, but for the
need not be present therein at the time of purpose of lending her to illicit intercourse
raid or arrest. with others, the crime is not abduction but
corruption of minors.
Corruption of Minors White Slave Trade
Rape may absorb forcible abduction, if the
Minority of victims Minority is not main objective was to rape the victim.
essential required
Victims may be male Applies only to Sexual intercourse is not necessary in forcible
or female females abduction.

May not necessarily Generally for profit Lewd designs may be shown by the conduct
be for profit of the accused. When there are several
Committed by a Generally committed defendants, it is enough that one of them had
single act habitually lewd designs. Husband is not liable for
abduction of his wife, as lewd design is
wanting.
TWO KINDS OF ABDUCTION:
(1) Forcible abduction (Art. 342) Attempt to rape is absorbed in the crime of
(2) Consented abduction (Art. 343) forcible abduction, thus there is no complex
crime of forcible abduction with attempted
ARTICLE 342 - FORCIBLE ABDUCTION rape.
Elem ents:
(a) The person abducted is any woman, Nature of the crime - The act of the offender
regardless of her age, civil status or is violative of the individual liberty of the
reputation; abducted, her honor and reputation, and
(b) The abduction is against her will; public order.
(c) The abduction is with lewd designs.

Abduction – the taking away of a woman Forcible Abduction Grave Coercion

from her house or the place where she may There is violence or
be for the purpose of carrying her to another intimidation by the
place with the intent to marry or to corrupt offender.
her.
The offended party
Crim es against chastity where age and
is compelled to do
reputation are immaterial:
something against
(1) Acts of lasciviousness against the will or
her will.
without the consent of the offended
party Abduction is No lewd design,
(2) Qualified seduction of sister or characterized by provided that there is
descendant lewd design. no deprivation of
(3) Forcible abduction liberty for an
appreciable length of
The taking away of the woman must be time.
against her will.

The taking away of the woman may be

accomplished by means of deceit first and
then by means of violence and intimidation.

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who was prevented from leaving the jeepney.

Forcible Abduction Corruption of Minors She was taken to a remote place where she
was raped.
Purpose is to effect Purpose is to lend the
his lewd designs on victim to illicit HELD: The accused is guilty of FORCIBLE
the victim. intercourse with others. ABDUCTION WITH RAPE. It was proven that
the victim was taken against her will and with
Serious Illegal lewd design, and was subsequently forced to
Forcible Abduction submit to the accused’s lust, rendering her
Detention
unconscious in the process. [People v. Alburo]
There is deprivation There is deprivation of
of liberty and lewd liberty and no lewd There can only be one complex crime of
designs. designs forcible abduction with rape.

The victim witnessed the killing of another by

Forcible Abduction
Kidnapping with rape the 2 accused. Upon seeing her, the accused
with Rape
dragged her to a vacant lot where they took
The violent taking of Not so motivated turns in raping her. TC convicted them of rape.
the woman is
motivated by lewd HELD: FORCIBLE ABDUCTION is absorbed in
designs. the crime of RAPE if the main objective is to
rape the victim. Conviction of acts of
Crime against Crime against liberty
lasciviousness is not a bar to conviction of
chastity
forcible abduction. [People v. Godines]

Forcible Abduction with Rape - a complex ARTICLE 343 - CONSENTED ABDUCTION

crime under Art. 48, and not a special
complex crime
The victim was abducted by the accused and
was brought to a hotel where the latter
succeeded in having sexual intercourse with
her.
Elem ents:
(a) Offended party is a virgin;
(b) She is over 12 and under 18 yrs. of age;
(c) Offender takes her away with her consent,
after solicitation or cajolery from the
offender;
(d) The taking away is with lewd designs.

HELD: The elements of both rape and forcible
abduction are proven. The presence of lewd
designs in forcible abduction is manifested by
the subsequent rape of the victim. [People v.
Sunpongco]
Maggie was abducted and brought to a hotel,
where the 4 accused took turns in raping her.
HELD: While the first act of rape was being
performed, the crime of forcible abduction
had already been consummated, hence,
forcible abduction can only be attached to
the first act of rape, detached from the 3
subsequent acts of rape. The effect therefore
would be one count of forcible abduction with
rape and 4 counts of rape for each of the
accused. [People v. Jose]
The accused and 2 other men raped the
victim. The victim was a jeepney passenger
PAGE 325 OF 342
Purpose of the law - Not to punish the wrong
done to the girl because she consents to it,
but to prescribe punishment for the disgrace
to her family and the alarm caused by the
disappearance of one who is, by her age and
sex, susceptible to cajolery and deceit.
If the virgin is under 12 or is deprived of
reason, the crime is forcible abduction
because such is incapable of giving a valid
consent.
The taking away of the girl need not be with
some character of permanence. Offended
party need not be taken from her house.
When there was no solicitation or cajolery
and no deceit and the girl voluntarily went
with the man, there is no crime committed
even if they had sexual intercourse.
UP LAW BOC
ARTICLE 344 - PROSECUTION OF PRIVATE
OFFENSES
(1) Adultery
(2) Concubinage
(3) Seduction
(4) Abduction
(5) Acts of lasciviousness
Nature of the complaint: The complaint
must be filed in court, not with the fiscal. In
case of complex crimes, where one of the
component offenses is a public crime, the
criminal prosecution may be instituted by the
fiscal.
The court motu proprio can dismiss the case
for failure of the aggrieved party to file the
proper complaint even if the accused never
raised the question on appeal.
Crimes against chastity cannot be prosecuted
de oficio.
ADULTERY AND CONCUBINAGE
W ho may file the complaint: Adultery
and Concubinage must be prosecuted upon
complaint signed by the offended spouse.
The offended party cannot institute criminal
prosecution without including BOTH the
guilty parties if they are alive. Both parties
must be included in the complaint even if one
of them is not guilty.
Consent and pardon bar the filing of a
criminal complaint.
The imputation of a crime of prostitution
against a woman can be prosecuted de oficio,
but crimes against chastity cannot.
Prosecution of rape may be made upon
complaint by any person.
Effect of Pardon:
(1) Effect of Pardon in Adultery applies also
to Concubinage
(2) Condonation or forgiveness of one act of
adultery or concubinage is not a bar to
prosecution of similar acts that may be
committed by the offender in the future.
Consent:
(1) May be express or implied
PAGE 326 OF 342
CRIMINAL LAW 2 CRIMINAL LAW
(2) Given before the adultery or
concubinage was committed
(3) Agreement to live separately may
be evidence of consent.
(4) Affidavit showing consent may be
a basis for new trial.
SEDUCTION, ABDUCTION, ACTS OF
LASCIVIOUSNESS
Seduction, abduction, or acts of
lasciviousness must be prosecuted upon
complaint signed by—
(1) Offended party - When the
offended party is a minor, her
parents may file the complaint.
(2) When the offended party is of age
and is in complete possession of
her mental and physical faculties,
she alone can file the complaint.
(3) Parents, Grandparents or
Guardian in that order –
When the offended is a minor or
incapacitated and refuses to file the
complaint, any of the persons mentioned
could file.
The term “guardian” refers to legal
guardian. He must be legally appointed by
the Court.
The State may also file the complaint as
parens patriae when the offended party dies
or becomes incapacitated before she could
file the complaint and has no known parents,
grandparents, or guardians
Effect of Pardon:
(1) Offended party cannot institute criminal
proceedings if the offender has been
EXPRESSLY pardoned by the offended
party, or her parents, grandparents or
guardian.
(2) Pardon by the parent, grandparent, or
guardian must be accompanied by the
express pardon of the offended woman.
(3) The right to file action of the parents,
grandparents and guardian shall be
EXCLUSIVE of other persons and shall
be exercised successively in the order
provided.
(4) Pardon by the offended party who is a
minor must have the concurrence of
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

parents, EXCEPT when the offended the person who gives birth is one of the
party has no parents. offenders.

Rape complexed with another crime against In rape of a married woman, only indemnity is
chastity need NOT be signed by the offended allowed.
woman, since rape is a public crime. When ARTICLE 346 – LIABILITY OF ASCENDANTS,
the evidence fails to prove a complex crime of GUARDIANS, TEACHERS AND OTHER
rape with another crime, and there is no PERSONS ENTRUSTED WITH THE
complaint signed by the offended woman, CUSTODY OF THE OFFENDED PARTY
the accused CANNOT be convicted of rape. (1) Persons who cooperate as accomplices
but are punished as principals in rape,
Marriage of the offender with the offended seduction, abduction, etc.
party in seduction, abduction, acts of (a) Ascendants
lasciviousness and rape, extinguishes (b) Guardians
criminal action or remits the penalty already (c) Curators
imposed. (d) Teachers, and
(2) any other person, who cooperate as
Marriage (in cases of seduction, abduction, accomplice with abuse of authority or
and acts of lasciviousness) extinguishes the confidential relationship
criminal action even as to co-principals, (3) The teachers or persons entrusted with
accomplices, and accessories. education and guidance of the youth
shall also be penalized with
Marriage must be entered into in good faith. disqualification.
(4) Any person falling within the terms of
Marriage may take place AFTER criminal this article, and any other person guilty
proceedings have commenced, or even after of corruption of minors for the benefit of
conviction (extinguishes criminal action and another, shall be punished by special
remits penalty). disqualification from filling the office of
guardian.
ARTICLE 345: CIVIL LIABILITY OF PERSONS
GUILTY OF CRIMES AGAINST CHASTITY SPECIAL LAWS
Those guilty of rape, seduction or RA 9995: ANTI-PHOTO AND VIDEO
abduction: VOYEURISM ACT OF 2009
(1) Indemnify the offended woman Punishable Acts
(2) Acknowledge the offspring, unless the Section 4. Prohibited Acts. - It is hereby
law should prevent him from doing so prohibited and declared unlawful for any
(3) In every case to support the offspring, person:
EXCEPT: (a) To take photo or video coverage of a
(a) in cases of adultery and concubinage person or group of persons performing
(b) where either of the offended party or sexual act or any similar activity or to
accused is married capture an image of the private area of a
(c) when paternity cannot be determined, person/s such as the naked or
such as in multiple rape undergarment clad genitals, public area,
(d) other instances where the law buttocks or female breast without the
prevents such consent of the person/s involved and
under circumstances in which the
The adulterer and the concubine can be person/s has/have a reasonable
sentenced only to indemnify for damages expectation of privacy;
caused to the offended spouse. (b) To copy or reproduce, or to cause to be
Acknowledgment of offsrpring is not legally copied or reproduced, such photo or
possible, because only children born of video or recording of sexual act or any
parents who could marry at the time of similar activity with or without
conception may be acknowledged. Support of consideration;
the offspring is also not included, because
PAGE 327 OF 342
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(c) To sell or distribute, or cause to be sold

or distributed, such photo or video or Title XII. Crimes
recording of sexual act, whether it be the
original copy or reproduction thereof; or
against the Civil Status
(d) To publish or broadcast, or cause to be
published or broadcast, whether in print
of Persons
or broadcast media, or show or exhibit
Chapter I: Simulation of Births and
the photo or video coverage or
Usurpation of Civil Status
recordings of such sexual act or any
(1) Art 347: Simulation of births,
similar activity through VCD/DVD,
substitution of one child for another and
internet, cellular phones and other
concealment or abandonment of a
similar means or device.
legitimate child
(2) Art 348: Usurpation of civil status
See again: RA 9208: Anti-Trafficking in
Persons Act of 2003: Punishable acts (supra)
Chapter II: Illegal Marriages
See again: RA 9262 Anti-Violence Against
(1) Art 349: Bigamy
Women and Their Children Act of 2004:
(2) Art 350: Marriage contracted against
Punishable acts (supra)
provisions of law
(3) Art 351: Premature marriages
(4) Art 352: Performance of illegal marriage
ceremony

CHAPTER I: SIMULATION OF
BIRTHS AND USURPATION OF CIVIL
STATUS

ARTICLE 347 - SIMULATION OF BIRTHS,

SUBSTITUTION OF ONE CHILD FOR
ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE
CHILD

Mode 1. Simulation of births;

Mode 2. Substitution of one child for another;

Mode 3. Concealing or abandoning any

legitimate child with intent to cause such
child to lose its civil status.

The object of the crime under Art. 347 is the

creation of false, or the causing of loss of, civil
status.

Sim ulation of birth

Takes place when the woman pretends to be
pregnant when in fact she is not, and on the
day of the supposed delivery, takes the child
of another as her own.

The simulation of birth which is a crime is

that which alters the civil status of a person.

PAGE 328 OF 342

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The fact that the child will be benefited by the
simulation of its birth is not a defense.
Substitution of one child for another
This is committed when a child of a couple is
exchanged with a child of another couple
without the knowledge of the respective
parents.
The substitution can also happen by placing
a live child of a woman in place of another’s
dead child.
Concealing or abandoning any
legitim ate child
Requisites:
(1) The child must be legitimate
(2) The offender conceals or abandons such
child; and
(3) The offender has the intent to cause such
child to lose its civil status.
The unlawful sale of a child by his father is
not a crime under this article.
“Abandon” as used in Art. 347 - The practice
of abandoning newly born infants and very
young child at the door of hospitals and
churches.
Art. 347 Art. 246
Offender: Any Offender: The one who
person has the custody of the
child
Purpose: To cause Purpose: To avoid
the child to lose his obligation of rearing
civil status. and caring for the child.
A physician or surgeon or public officer, who
cooperates in the execution of these crimes, is
also liable if he acts in violation of the duties
of his profession or office.
ARTICLE 348 - USURPATION OF CIVIL
STATUS
This crime is committed when a person
represents himself to be another and
assumes the filiation or the parental or
conjugal rights of such another person.
Usurpation of profession may be punished
under Art. 348.
PAGE 329 OF 342
CRIMINAL LAW 2 CRIMINAL LAW
There must be an intent to enjoy the rights
arising from the civil status of another.
The purpose of defrauding the offended party
or his heirs qualifies the crime.
CHAPTER II: ILLEGAL MARRIAGES
ARTICLE 349 – BIGAMY
Elem ents:
(a) Offender has been legally married;
(b) The marriage has not been legally
dissolved or, in case his or her spouse is
absent, the absent spouse could not yet
be presumed dead according to the Civil
Code
(c) He contracts a second or subsequent
marriage
(d) The second or subsequent marriage has
all the essential requisites for validity.
The first marriage must be valid.
Nullity of marriage, not a defense in bigamy.
The fact that the first marriage is void from
the beginning is not a defense. As with
voidable marriage, there must be a judicial
declaration of nullity of marriage before
contracting the second marriage.
Good faith is a defense in bigamy.
Failure to exercise due diligence to ascertain
the whereabouts of the first wife is bigamy
through reckless imprudence.
One who contracted a subsequent marriage
before the declaration of presumptive death
of the absent spouse is guilty of bigamy.
The second marriage must have all the
essential requisites for validity.
One convicted of bigamy may also be
prosecuted for concubinage as both are
distinct offenses. The first is an offense
against civil status, which may be prosecuted
at the instance of the state; the second is an
offense against chastity, and may be
prosecuted only at the instance of the
offended party.
UP LAW BOC CRIMINAL LAW 2
The test is not whether the defendant has
already been tried for the same act, but
whether he has been put in jeopardy for the
same offense.
The second spouse is not necessarily liable
for bigamy.
Whether the second spouse should be
included in the information is a question of
fact that was to be determined by the fiscal
who conducted the preliminary investigation.
(People v. Nepomuceno, Jr., 64 SCRA 518)
The second husband or wife who knew of first
marriage is an accomplice.
The witness who falsely vouched for the
capacity of either of the contracting parties is
also an accomplice.
Bigamy is not a private crime.
Jurisprudence
In Marbella-Bobis v. Bobis, we laid down the
elements of bigamy thus:
(1) The offender has been legally married;
(2) The first marriage has not been legally
dissolved, or in case his or her spouse is
absent, the absent spouse has not been
judicially declared presumptively dead;
(3) He contracts a subsequent marriage;
and
(4) The subsequent marriage would have
been valid had it not been for the
existence of the first.
Applying the foregoing test to the instant
case, we note that the trial court found that
there was no actual marriage ceremony
performed between Lucio and Lucia by a
solemnizing officer. Instead, what transpired
was a mere signing of the marriage contract
by the two, without the presence of a
solemnizing officer.
The first element of bigamy as a crime
requires that the accused must have been
legally married. But in this case, legally
speaking, the petitioner was never married to
Lucia Barrete. Thus, there is no first marriage
to speak of.
Under the principle of retroactivity of a
marriage being declared void ab initio, the
two were never married “from the beginning.”
PAGE 330 OF 342
CRIMINAL LAW
The contract of marriage is null; it bears no
legal effect.
Taking this argument to its logical conclusion,
for legal purposes, petitioner was not married
to Lucia at the time he contracted the
marriage with Maria Jececha. The existence
and the validity of the first marriage being an
essential element of the crime of bigamy, it is
but logical that a conviction for said offense
cannot be sustained where there is no first
marriage to speak of. The petitioner, must,
perforce be acquitted of the instant charge.
[Lucio Morigo v. People (2002)]
The subsequent judicial declaration of the
nullity of the first marriage was immaterial
because prior to the declaration of nullity, the
crime had already been consummated.
Moreover, petitioner's assertion would only
delay the prosecution of bigamy cases
considering that an accused could simply file
a petition to declare his previous marriage
void and invoke the pendency of that action
as a prejudicial question in the criminal case.
We cannot allow that.
The outcome of the civil case for annulment
of petitioner's marriage to Narcisa had no
bearing upon the determination of
petitioner's innocence or guilt in the criminal
case for bigamy, because all that is required
for the charge of bigamy to prosper is that the
first marriage be subsisting at the time the
second marriage is contracted. Thus, under
the law, a marriage, even one which is void or
voidable, shall be deemed valid until
declared otherwise in a judicial proceeding.
In this case, even if petitioner eventually
obtained a declaration that his first marriage
was void ab initio, the point is, both the first
and the second marriage were subsisting
before the first marriage was annulled.
[Abunado v. People (2004)]
A careful study of the disputed decision
reveals that respondent Judge had been less
than circumspect in his study of the law and
jurisprudence applicable to the bigamy case.
In his comment, respondent Judge stated:
“That the accused married Manuel P. Diego
in the honest belief that she was free to do so
by virtue of the decree of divorce is a mistake
of fact.”
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This Court, in People v. Bitdu, carefully
distinguished between a mistake of fact,
which could be a basis for the defense of
good faith in a bigamy case, from a mistake
of law, which does not excuse a person, even
a lay person, from liability. Bitdu held that
even if the accused, who had obtained a
divorce under the Mohammedan custom,
honestly believed that in contracting her
second marriage she was not committing any
violation of the law, and that she had no
criminal intent, the same does not justify her
act.
This Court further stated therein that with
respect to the contention that the accused
acted in good faith in contracting the second
marriage, believing that she had been validly
divorced from her first husband, it is sufficient
to say that everyone is presumed to know the
law, and the fact that one does not know that
his act constitutes a violation of the law does
not exempt him from the consequences
thereof.
Moreover, squarely applicable to the criminal
case for bigamy, is People v. Schneckenburger,
where it was held that the accused who
secured a foreign divorce, and later remarried
in the Philippines, in the belief that the
foreign divorce was valid, is liable for bigamy.
[Diego v. Castillo (2004)]
ARTICLE 350 - MARRIAGE CONTRACTED
AGAINST PROVISIONS OF LAWS
Elem ents:
(1) Offender contracted marriage;
(2) 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.
Bigamy is a form of illegal marriage.
Illegal marriage includes also such other
marriages which are performed without
complying with the requirements of law, or
marriages where the consent of the other is
vitiated, or such marriage which was
solemnized by one who is not authorized to
solemnize the same.
CRIMINAL LAW 2 CRIMINAL LAW
Conviction of a violation of Art. 350 involves a
crime of moral turpitude. (Villasanta v.
Peralta)
ARTICLE 351 - PREMATURE MARRIAGE
This provision has been repealed on 13 March
2015 when President Benigno Aquino III
signed into law RA 10655. Said law reads:
“Without prejudice to the provisions of the
Family Code on paternity and filiation, Article
351 of the Revised Penal Code, punishing the
crime of premature marriage committed by a
woman, is hereby repealed.”
The author of RA 10655 explained that the
law on premature marriages “is
discriminatory for it curtails the right of a
woman to marry under the stated
circumstances when no such penalty is
imposed on the man who does the same.
Similarly, the effect of the provision is an
enforced mourning period on the part of the
woman although none is imposed on the
man.”
BEFORE REPEAL:
Persons liable:
(1) A widow who is 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 who, her marriage having been
annulled or dissolved, married before her
delivery or before the expiration of the
period of 301 days after the date of the
legal separation.
The purpose of the law punishing premature
marriages is to prevent doubtful paternity.
(People v. Rosal, 49 Phil. 509)
ARTICLE 352 - PERFORMANCE OF ILLEGAL
MARRIAGE CEREMONY
PERSONS LIABLE: Priests or ministers of
any religious denomination or sect, or civil
authorities who shall perform or authorize
any illegal marriage ceremony
The offender must be authorized to
solemnize marriages.
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Title XIII. Crimes
against Honor
Chapter I: Libel
(1) Art 353: Definition of Libel
(2) Art 354: Privileged communication
(3) Art 355: Libel by means of writings or
similar means
(4) Art 356: Threatening to publish and offer
to prevent such publication for a
compensation
(5) Art. 357: Prohibited Publication of Acts
Referred to in the course of Official
Proceedings
(6) Art 358: Slander
(7) Art 359: Slander by Deed
Chapter II: Incriminatory
Machinations
(1) Art 363: Incriminating innocent person
(2) Art 364: Intriguing against honor
CHAPTER I LIBEL
ARTICLE 353 - DEFINITION OF LIBEL
Elem ents:
(a) There must be an imputation of–
(1) a crime,
(2) a vice or defect, real or imaginary,
OR
(3) any act, omission, condition, status,
or circumstance;
(b) The imputation must be made publicly;
(c) It must be malicious;
(d) The imputation must be directed at a
natural or juridical person, or one who is
dead; and
(e) The imputation must tend to cause
dishonor, discredit or contempt of the
offended party.
Defamation is composed of:
(1) Libel – written defamation
(2) Slander- oral defamation
(3) Slander by deed – defamation through
acts
Test of the defam atory character of
words used: Whether they are calculated to
induce the hearers to suppose and
understand that the person against whom
they (i.e. the defamatory words) were uttered
was guilty of certain offenses; OR are
sufficient to impeach his honesty, virtue or
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CRIMINAL LAW
reputation, or to hold him up to public
ridicule. (U.S. vs. O’Connell)
First element: There must be an
imputation of a crime, a vice or defect, real or
imaginary, OR any act, omission, condition,
status, or circumstance;
Imputation of a criminal act may be implied
from the acts and statements of the accused.
Imputation of criminal intention is not
libelous.
An expression of opinion by one affected by
the act of another and based on actual fact is
not libelous.
Second elem ent: The imputation must be
made publicly.
Publication: communication of the
defamatory matter to some third person or
persons. There is no crime if the defamatory
imputation is not published.
Sending an unsealed libelous letter to the
offended party constitutes
publication. [Magno vs. People (2006)]
In libel, publication means making the
defamatory matter, after it is written, known
to someone other than the person against
whom it has been written.
Petitioner’s subject letter-reply itself states
that the same was copy furnished to all
concerned. Also, petitioner had dictated the
letter to his secretary. It is enough that the
author of the libel complained of has
communicated it to a third person.
Furthermore, the letter, when found in the
mailbox, was open, not contained in an
envelope thus, open to public. [Buatis vs.
People (2006)]
Third element: The publication must be
malicious.
Malice in fact – may be shown by proof of ill-
will, hatred or purpose to injure.
Malice in law – presumed from a defamatory
imputation. Proof of malice is not required.
(Art. 354, par.1)
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But where the communication is privileged,
malice is not presumed from the defamatory
words.
Malice in law is not necessarily inconsistent
with honest or laudable purpose. Even if the
publication is injurious, the presumption of
malice disappears upon proof of good
intentions and justifiable motive.
But where malice in fact is present, justifiable
motive cannot exist, and the imputations
become actionable.
Fourth element: The imputation must be
directed at a natural or juridical person, or
one who is dead.
In order to maintain a libel suit, it is essential
that the victim be identifiable, although it is
not necessary that the person be named. It is
enough if by intrinsic reference the allusion is
apparent or if the publication contains
matters of description or reference to facts
and circumstances from which others reading
the article may know the person alluded to,
or if the latter is pointed out by extraneous
circumstances so that those knowing such
person could and did understand that he was
the person referred to.
Kunkle v. Cablenews-American and Lyons laid
the rule that this requirement is complied
with where a third person recognized or could
identify the party vilified in the article. [People
vs. Ogie Diaz (2007)]
Defamatory remarks directed at a group of
persons is not actionable unless the
statements are all-embracing or sufficiently
specific for the victim to be identifiable.
Libel published in different places may be
taken together to establish the identification
of the offended party.
While it is true that a publication's libelous
nature depends on its scope, spirit and
motive taken in their entirety, the article in
question as a whole explicitly makes mention
of private complainant Rivera all throughout.
It cannot be said that the article was a mere
general commentary on the alleged existing
state of affairs at the aforementioned public
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CRIMINAL LAW 2 CRIMINAL LAW
market. Rivera was not only specifically
pointed out several times therein but was
even tagged with derogatory names.
Indubitably, this name-calling was, as
correctly found by the two courts below,
directed at the very person of Rivera himself.
[Figueroa vs. People (2006)]
Fifth element: The imputation must tend
to cause dishonor, discredit or contempt of
the offended party.
Dishonor – disgrace, shame or ignominy
Discredit – loss of credit of reputation;
disesteem
Contempt – state of being despised
For a statement to be considered malicious, it
must be shown that it was written or
published with the knowledge that they are
false OR in reckless disregard of WON they
were false.
Reckless disregard – the defendant
entertains serious doubt as to the truth of the
publication, OR that he possesses a high
degree of awareness of their probable falsity.
To avoid self-censorship that would
necessarily accompany strict liability for
erroneous statements, rules governing
liability for injury to reputation are required to
allow an adequate margin of error by
protecting some inaccuracies. [Borjal v. CA
(1999)]
Fine preferred penalty in libel cases
Administrative Circular No. 08-2008 stated
the rule of preference of fine only rather than
imprisonment in libel cases, having in mind
the ff. principles:
1) The circular does not remove imprisonment
as an alternative penalty
2) Judges may, in the exercise of their
discretion, determine whether the imposition
of fine alone would best serve the interest of
justice.
3) Should only a fine be imposed and the
accused unable to pay the fine, there is no
legal obstacle to the application of the RPC
on subsidiary imprisonment.
ARTICLE 354 - REQUIREMENT FOR
PUBLICITY
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General rule: MALICE IS PRESUMED in

every defamatory imputation, even if it be MALICE IN LAW MALICE IN FACT
true, if no good intention and justifiable
motive for making it is shown. Presumed from To be proved by
defamatory character prosecution ONLY IF
Exceptions: In privileged communications, of statement malice in law has
namely: been rebutted
(1) A private communication made by any Statement is presented Can be negated by
person to another in the performance of to court, and the latter evidence of:
any legal, moral, or social duty; will decide whether it is (1) Good motives
(2) A fair and true report, made in good faith, defamatory or not AND Justifiable
without any comments or remarks, of ends; or
(a) any judicial, legislative or other (2) Privileged
official proceedings which are not of character
confidential nature, OR
(b) any statement, report or speech
delivered in said proceedings, OR Requisites of privileged communication
(c) any other act performed by public under par. 1 of art. 354:
officers in the exercise of their (1) That the person who made the
functions. communication had a legal, moral or
social duty to make the communication,
Defamatory remarks are PRESUMED or, at least, he had an interest to be
malicious. The presumption of malice is upheld;
REBUTTED, if it is shown by the accused that (2) That the communication is addressed to
– (see discussion of Art. 361) an officer or board, or superior, having
(1) The defamatory imputation is true, IN some interest or duty in the matter.
CASE the law allows proof of the truth of (3) That the statements in the
the imputation; communication are made in good faith
(2) It is published with good intention; AND without malice in fact.
(3) There is justifiable motive for making it
Applying to the wrong person due to honest
Privileged communication is NOT mistake does not take the case out of
PRESUMED malicious. privilege. (US v. Bustos)

Kinds of Privilege: Unnecessary publicity destroys good faith.

ABSOLUTE QUALIFIED The privileged character simply does away
NOT actionable. Narrow Actionable IF with the presumption of malice.
and few: Malice or Bad faith
(1) Privileged speeches is proven (malice in The rule is that a communication loses its
in Congress fact) privileged character and is actionable on
(2) Statements made in proof of actual malice.
judicial proceedings as Based on par 1 and
long as they are 2 of Art 354, That the statement is a privileged
relevant to the issue although the list is communication is a matter of defense. To
(3) Military affairs not exclusive overcome the defense of privileged
communication under par. 1 of Art. 354, it
must be shown that:
Art 354 does not cover absolute privilege
1) The defendant acted with malice in fact; or
because character of communications
2) There is no reasonable ground for believing
mentioned therein is lost upon proof of
the charge to be true.
malice in fact.

PAGE 334 OF 342

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Fair and true report of official
proceedings
Official proceedings refer to proceedings of
the 3 branches of the government: judiciary,
legislative, and executive.
Requisites:
(1) That it is a fair and true report of a
judicial, legislative, or other official
proceedings which are not confidential in
nature, or of a statement, report, or
speech delivered in said proceedings, or
of any other act performed by a public
officer in the exercise of his functions.
(2) That it is made in good faith; and
(3) That it is without comments or remarks
The communication must be pertinent and
material to the subject matter.
Doctrine of fair com m ent: Fair
commentaries on matters of public interest
are privileged and constitute a valid defense
in an action for libel or slander.
In order that a discreditable imputation to a
public official may be actionable, it must
either be:
(1) A false allegation of fact; OR
(2) A comment based on a false supposition.
[People v. Velasco (2000)]
PUBLIC FIGURE – one who, by his
accomplishments, fame, mode of living, OR
by adopting a profession or calling which
gives the public a legitimate interest in his
doings, his affairs and his character, has
become a “public personage” [Ayer
Productions v. Capulong (1988)]
Based on the ruling in US v. Ocampo, proof of
knowledge of and participation in the
publication of the offending article is not
required, if the accused has been specifically
identified as “author, editor, or proprietor” or
“printer/publisher” of the publication.
ARTICLE 355 - LIBEL BY WRITING OR
SIMILAR MEANS
Libel m ay be com m itted by m eans of:
(1) Writing;
(2) Printing;
(3) Lithography;
(4) Engraving;
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CRIMINAL LAW 2 CRIMINAL LAW
(5) Radio;
(6) Photograph;
(7) Painting;
(8) Theatrical exhibition;
(9) Cinematographic exhibition; or
(10) Any similar means. (e.g. video broadcast)
Common characteristic of written libel: their
permanent nature as a means of publication.
Use of amplifier system is not libel but oral
defamation (slander). But the defamation
made in the television program is libel.
ARTICLE 356 - THREATENING TO PUBLISH
AND OFFER TO PREVENT SUCH
PUBLICATION FOR A COMPENSATION
Acts Punished:
(1) Threatening another to publish a libel
concerning – him, his parents, spouse,
child or other members of his family
(2) Offering to prevent the publication of
such libel for compensation or money
consideration.
The essence of this crime is blackmail, which
is defined as any unlawful extortion of money
by threats of accusation or exposure.
Blackmail can also be in the form of light
threats, which is punished under ARTICLE
283.
ARTICLE 357 - PROHIBITED PUBLICATION
OF ACTS REFERRED TO IN THE COURSE OF
OFFICIAL PROCEEDINGS (GAG LAW)
Elem ents:
(a) Offender is a reporter, editor or manager
of a newspaper, daily or magazine;
(b) He publishes facts connected with the
private life of another;
(c) Such facts are offensive to the honor,
virtue and reputation of said person.
Requisites of violation:
(1) That the article published contains facts
connected with the private life of an
individual; and
(2) That such facts are offensive to the
honor, virtue and reputation of said
person.
This article is referred to as the Gag Law.
UP LAW BOC CRIMINAL LAW 2
Prohibition applies even if the facts are
involved in official proceedings.
Newspaper reports on cases pertaining to
adultery, divorce, legitimacy of children, etc.
are barred from publication.
Under RA 1477, a newspaper reporter cannot
be compelled to reveal the source of the news
report he made, UNLESS the court or a House
or committee of Congress finds that such
revelation is demanded by the security of the
state.
ARTICLE 358 - SLANDER
Slander, or oral defam ation is
composed of two kinds:
(1) Simple slander
(2) Grave slander, when it is of serious and
insulting nature
Factors that determ ine the gravity of
the oral defamation:
(1) Expressions used
(2) Personal relations of the accused and
the offended party.
(3) The surrounding circumstances.
Illustration of grave slander:
A woman of violent temper hurled at a
respectable married lady with young
daughters offensive and scurrilous epithets
including words imputing unchastity to the
mother and tending to injure the character of
the daughters [U.S. vs. Toloso]
Illustration of simple slander:
(1) Calling a person a gangster
(2) Uttering defamatory words in the heat of
anger with some provocation on the part
of the offended party
The Court does not condone the
vilification or use of scurrilous language
on the part of petitioner, but following
the rule that all possible circumstances
favorable to the accused must be taken
in his favor, it is our considered view that
the slander committed by petitioner can
be characterized as slight slander
following the doctrine that: uttering
defamatory words in the heat of anger,
with some provocation on the part of the
offended party, constitutes only a light
felony. [Villanueva vs. People (2006)]
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CRIMINAL LAW
(3) The word “putang ina mo” is a common
expression in the dialect that is often
employed not really to slander but rather
to express anger or displeasure. It is
seldom, if ever taken in its literal sense
by the hearer, that is, as a reflection on
the virtue of a mother. [Reyes vs. People]
The slander need not be heard by the
offended party.
ARTICLE 359 - SLANDER BY DEED
Elem ents
(a) Offender performs any act not included
in any other crime against honor;
(b) Such act is performed in the presence of
other person/s; and
(c) Such act casts dishonor, discredit or
contempt upon the offended party.
Slander by deed is a crime against honor
which is committed by performing any act
which casts dishonor, discredit, or contempt
upon another person.
Slander by deed is of two kinds
(1) Simple slander by deed
(2) Grave slander by deed
There is no fixed standard in determining
whether a slander is serious or not; hence the
courts have sufficient discretion to determine
the same, basing the finding on the
attendant circumstances and matters
relevant thereto.
Slapping the face of another is slander by
deed if the intention of the accused is to
cause shame or humiliation.
Fighting the offended party with intention to
insult him is slander by deed.
Pointing a dirty finger constitutes simple
slander by deed.
Slander by deed and acts of
lasciviousness – distinguished by presence
of lewd designs. If such is present, it is an act
of lasciviousness.
Slander by deed and m altreatm ent –
the nature and effect of maltreatment
determines the crime committed. If the
offended party suffered from shame or
humiliation caused by the maltreatment, it is
slander by deed.
UP LAW BOC CRIMINAL LAW 2
Slander by deed and unjust vexation –
If it merely annoys and irritates, without any
other concurring factor, it is unjust vexation. If
the irritation or annoyance was attended by
publicity and dishonor, it is slander by deed.
ARTICLE 360 - PERSONS RESPONSIBLE
FOR LIBEL
(1) The person who publishes, exhibits or
causes the publication or exhibition of any
defamation in writing or similar means.
(2) The author or editor of a book or
pamphlet.
(3) The editor or business manager of a daily
newspaper, magazine or serial
publication.
(4) The owner of the printing plant which
publishes a libelous article with his
consent and all other persons who in any
way participate in or have connection
with its publication.
Liability of the editor is the same as that of
the author.
Lack of participation in the preparation of
libelous articles does not shield the persons
responsible from liability.
Under Republic Act 8792, otherwise known
as the Electronic Commerce Act, a party or
person acting as a service provider incurs NO
civil or criminal liability in the making,
publication, dissemination or distribution of
libelous material if:
(1) The service provider does not have actual
knowledge, or is not aware of the facts or
circumstances from which it is apparent
that making, publication, dissemination
or distribution of such material is
unlawful or infringes any rights;
(2) The service provider does not knowingly
receive a financial benefit directly
attributable to the infringing activity;
(3) The service provider does:
(a) not directly commit any
infringement or other unlawful act
and
(b) does not induce or cause another
person or party to commit any
infringement or other unlawful act
(c) and/or does not benefit financially
from the infringing activity or
unlawful act of another person or
PAGE 337 OF 342
CRIMINAL LAW
party (Section 30, in relation to
Section 5, E-Commerce Law).
W here to file the crim inal action? It
depends on who the offended party is.
If he is a public officer, the criminal action can
only be instituted in either:
(1) RTC of the province or city where the
libelous article is printed and first
published, OR
(2) RTC of the province or city where he held
office at the time of the commission of
the offense
If he is a private person, the criminal action
may be brought in:
(1) RTC of the province or city where the
libelous article is printed and first
published, OR
(2) RTC of the province or city where he
actually resided at the time of the
commission of the offense
In order to obviate controversies as to the
venue of the criminal action for written
defamation, the complaint or information
should contain allegations as to whether, at
the time the offense was committed, the
offended party was a public officer or a
private individual and where he was actually
residing at that time.
Whenever possible, the place where the
written defamation was printed and first
published should likewise be alleged. That
allegation would be a sine qua non if the
circumstance as to where the libel was
printed and first published is used as the
basis of the venue of the action. [Macasaet v.
People (2005)]
Civil and criminal action must be filed with
the same court.
Offended party must file the complaint for
defamation imputing a crime which cannot
be prosecuted de officio.
Libel imputing a vice or defect, not being an
imputation of a crime, is always prosecuted
upon information signed and filed by the
fiscal.
ARTICLE 361 - PROOF OF TRUTH
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W hen adm issible?
(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.
Rule of actual m alice [or m alice in
fact]: Even if the defamatory statement is
false, NO liability can attach IF it relates to
official conduct, UNLESS the public official
concerned proves that the statement was
made with actual malice, i.e., with knowledge
that it was false or with reckless disregard of
WON it was false.
That the publication of the article was an
honest mistake is not a complete defense but
serves only to mitigate damages where article
is libelous per se.
Libel against a public official
An open letter addressed to the stockholders
of OPMC was the subject of a full-page
advertisement published in 5 major daily
newspapers. Coyiuto, Jr., wrote in his capacity
as Chairman of the Board and President of
OPMC, that there was a sweetheart deal
between Commissioner Mario Jalandoni of
the PCGG and Rizal Commercial Banking
Corp. (RCBC) to the prejudice of the
Government.
In the recent case of Vasquez v. Court of
Appeals, et. al., the Court ruled that: "The
question is whether from the fact that the
statements were defamatory, malice can be
presumed so that it was incumbent upon
petitioner to overcome such presumption.
Under Art. 361 of the Revised Penal Code, if
the defamatory statement is made against a
public official with respect to the discharge of
his official duties and functions and the truth
of the allegation is shown, the accused will be
entitled to an acquittal even though he does
not prove that the imputation was published
with good motives and for justifiable ends."
Moreover, the Court has ruled in a plethora of
cases that in libel cases against public
officials which relate to official conduct
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liability will attach only if the public official
concerned proves that the statement was
made with actual malice, that is, with
knowledge that it was false.
Imputations regarding official conduct do not
carry the presumption of malice, hence even
if the defamatory statement is false, if malice
was not proven, there is no libel. Here
petitioner failed to prove actual malice on the
part of the private respondents. Nor was the
Court of the opinion that the open letter was
written to cast aspersion on the good name of
the petitioner.
The paid advertisement merely served as a
vehicle to inform the stockholders of the
goings-on in the business world and only
exposed the irregularities surrounding the
PCGG and RCBC deal and the parties
involved. [Mario C.V Jalandoni v Secretary of
Justice (2000)]
Truth is a legitimate defense but only under
the condition that the accused has been
prompted in making the statement by good
motives and for justifiable ends. [Disini v.
Secretary of Justice (2014)]
There must be sufficient evidence to permit
the conclusion that the accused in fact
entertained serious doubts as to the truth of
the statement he published. Gross/extreme
negligence is not sufficient to establish actual
malice. The prosecution bears the burden of
proving the presence of actual malice in
instances where such element is required to
establish guilt. The defense of absence of
actual malice, even when the statement turns
out to be false, is available where the
offended party is a public official or public
figure.
Malice is presumed, however, when the
offended party is a private individual. The law
presumes its existence (RPC Art 354) and the
accused has the burden of proof to show that
he has a justifiable reason for the defamatory
statement.
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ARTICLE 362 - LIBELOUS REMARKS

INCRIMINATING PERJURY BY DEFAMATION
(1) Libelous remarks or comments INNOCENT MAKING FALSE
(2) connected with the matter privileged PERSON ACCUSATIONS
under the provisions of Art. 354, Act of planting Giving of false Public and
(3) if made with malice, evidence and statement malicious
(4) shall NOT exempt the author thereof nor the like in under oath or imputation
the editor or managing editor of a order to making a calculated to
newspaper from criminal liability. incriminate an false affidavit, cause
innocent imputing to dishonor,
Libelous remarks or comments on matters person the person discredit, or
privileged, if made with malice in fact, do not the contempt
exempt the author and editor. commission upon the
of a crime offended
CHAPTER II: INCRIMINATORY party
MACHINATIONS
ARTICLE 364 - INTRIGUING AGAINST
ARTICLE 363 - INCRIMINATING INNOCENT HONOR
PERSON Elem ents:
Elem ents: (a) Offender disseminates any intrigue
(1) Offender performs an act (b) Its principal purpose is to blemish the
(2) By such an act, he incriminates or honor or reputation of a person.
imputes to an innocent person the
commision of a crime Intriguing against honor is referred to as
(3) Such act does not constitute perjury. gossiping: the offender, without ascertaining
the truth of a defamatory utterance, repeats
INTRIGUING SLANDER INCRIMINATING the same and pass it on to another, to the
AGAINST INNOCENT damage of the offended party
HONOR PERSON
The source Offender Offender Adm inistrative Circular 08-2008 Re:
of the made the performs an act Guidelines in the Observance of a Rule
defamatory utterance, by which he of Preference in the Im position of
utterance is where the directly Penalties in Libel Cases
unknown source of the incriminates or (1) This Administrative Circular does not
and the defamatory imputes to an remove imprisonment as an alternative
offender nature of the innocent person penalty for the crime libel under Article
simply utterance is the commission 355 of the RPC
repeats or known, and of a crime (2) The Judges concerned may, in the
passes the offender exercise of sound discretion, and taking
same to makes a into consideration the peculiar
blemish the republication circumstances of each case, determine
honor or thereof whether the imposition of a fine alone
reputation would best serve the interests of justice
of another or whether forbearing to impose
imprisonment would depreciate the
seriousness of the offense, work violence
As far as this crime is concerned, this has on the social order, or otherwise be
been interpreted to be possible only in the so- contrary to the imperative of justice;
called planting of evidence. If this act is (3) Should only a fine be imposed and the
resorted to, to enable officers to arrest the accused be unable to pay the fine, there
subject, the crime is unlawful arrest through is no legal obstacle to the application of
incriminating innocent persons. the RPC provision on subsidiary
This crime cannot be committed through imprisonment.
verbal incriminatory statements.
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Title XIV. Quasi-
Offenses
ARTICLE 365 - IMPRUDENCE AND
NEGLIGENCE
Quasi-offenses punished:
(1) Committing through reckless
imprudence any act which, had it been
intentional, would constitute a grave or
less grave felony or light felony;
(2) Committing through simple imprudence
or negligence an act which would
otherwise constitute a grave or a less
serious felony;
(3) Causing damage to the property of
another through reckless imprudence or
simple imprudence or negligence;
(4) Causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a
light felony.
IMPRUDENCE NEGLIGENCE
Lack of skill Lack of foresight
Deficiency of action Deficiency of
perception
Failure in Failure in advertence
precaution
Imprudence or negligence is not a crime
itself; it is simply a way of committing a crime.
It becomes punishable only when it results in
a crime.
The rules for graduating penalties (under Art.
64) based on mitigating and aggravating
circumstances are NOT applicable to offenses
punishable thru criminal negligence.
QUALIFYING CIRCUMSTANCE: failure to
render immediate assistance to the injured
party. This qualifying circumstance must be
distinguished from the punishable OMISSION
under Article 275.
If the danger that may result from the
criminal negligence is clearly perceivable, the
imprudence is reckless. If it could hardly be
perceived, the criminal negligence would only
be SIMPLE.
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CRIMINAL LAW 2 CRIMINAL LAW
Criminal negligence is only a modality in
incurring criminal liability. This is so because
under Article 3, a felony may result from dolo
or culpa. THEREFORE, even if there are
several results arising from ONLY ONE
CARELESSNESS, the accused may only be
prosecuted under one count for the criminal
negligence. Otherwise, double jeopardy
would arise.
Elem ents of Reckless Im prudence:
(a) The offender does or fails to do an act
(b) The doing of or the failure to do the act is
voluntary
(c) It is without malice
(d) Material damage results
(e) There is inexcusable lack of precaution
on the part of the offender, taking into
consideration:
(1) His employment/occupation
(2) Physical condition
(3) Degree of intelligence
(4) Other circumstances regarding the
persons, time and place
NOTE:
(1) Reckless Imprudence Resulting in
Homicide
(2) Resulting in Physical Injuries
Inexcusable lack of precaution
Factors to be considered in determining
inexcusable lack of precaution:
(1) Employment or occupation
(2) Degree of intelligence and physical
condition of the offender; and
(3) Other circumstances regarding persons,
time, and place.
Force majeure is an event which cannot be
foreseen, or which being foreseen is
inevitable; it implies an extraordinary
circumstance independent of the will of the
actor.
Once malice is proven, recklessness
disappears. [People v. Agliday (2001)}
Elem ents of Sim ple Im prudence
(a) There is lack of precaution on the part of
the offender
(b) The damage impending to be caused is
not immediate or the danger is not
clearly manifest.
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Test of negligence: Would a prudent man,
in the position of the person to whom
negligence is attributed, foresee harm as a
result of the course actually pursued? If so, it
was the duty of the actor to refrain from that
course or to take precautions against its
mischievous results, and the failure to do so
constitutes negligence.
The measure of the damage should be the
difference in value of property immediately
before the incident and immediately after the
repair.
Art. 64 relative to mitigating and aggravating
circumstances is not applicable to crimes
committed through negligence.
The penalties provided in Art. 365 are not
applicable in the ff. cases:
(1) When the penalty provided for the
offense is equal to or lower than those
provided in the first two paragraphs of
Art. 365, in which case the courts shall
impose the penalty next lower in degree
that that which should be imposed, in
the period which they may deem proper
to apply.
(2) When, by imprudence or negligence and
with violation of the Automobile Law, the
death of a person shall be caused, in
which case the defendant shall be
punished by prision correccional in its
medium and maximum periods.
When death or serious bodily injury to any
person has resulted, the motor vehicle driver
at fault shall be punished under the Penal
Code.
Contributory negligence is not a defense. It
only mitigates criminal liability.
Sec. 59 of Act 3992 (Revised Motor Vehicle
Law) gives the right of way to the driver
coming from the right of another, when both
are travelling on intersecting streets of the
same class. The grant of right of way does not
relieve the motorist from the duty of keeping
a lookout for motorists entering the
intersection from his left or right.
Doctrine of last clear chance
The contributory negligence of the party
injured will not defeat the action if it be
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CRIMINAL LAW
shown that the accused might, by exercise of
reasonable care and prudence, have avoided
the consequences of the negligence of the
injured party.
Em ergency rule
An automobile driver who, by negligence of
another and not by his own negligence, is
suddenly placed in an emergency and
compelled to act instantly to avoid collision
or injury is not guilty of negligence if he
makes such a choice which a person of
ordinary prudence placed in such situation
might make even though he did not make the
wisest choice.
One who suddenly finds himself in a place of
danger, and is required to act without time to
consider the best means that may be adopted
to avoid the impending danger, is not guilty
of negligence, if he fails to adopt what
subsequently and upon reflection may
appear to have been a better method, unless
the emergency in which he finds himself is
brought about by his own negligence. [Gan v.
CA (1988)]
Violation of a rule or regulation or law is proof
of negligence. But negligence cannot be
predicated upon the mere fact of minority or
lack of an operator’s license.
The penalty next higher in degree is imposed
if the offender fails to lend on the spot to the
injured parties such help as may be in his
hands to give.
Carillo v. People (1994): The gravamen
of SIMPLE NEGLIGENCE is the failure to
exercise the diligence necessitated or called
for by the situation which was NOT
immediately life-destructive BUT which
culminated, as in the present case, in the
death of a human being 3 days later.
Medical malpractice, which is a form of
negligence, consists in the failure of a
physician or surgeon to apply to his practice
of medicine that degree of care and skill
which is ordinarily employed by the
profession generally, under similar conditions,
and in like surrounding circumstances.
[Garcia-Rueda v. Pascasio (1997)]
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Res ipsa loquitur – the fact of the
occurrence of an injury, taken with the
surrounding circumstances, may permit an
inference or raise a presumption of
negligence, or make out a plaintiff’s prima
facie case, and present a question of fact for
the defendant to meet with an explanation.
[Ramos v. CA (1999)]
Requisites for the application of res
ipsa loquitur
(1) The accident was of a kind which does
NOT ordinarily occur UNLESS someone
is negligent;
(2) The instrumentality or agency which
caused the injury was under the
exclusive control of the person in charge;
and
(3) The injury suffered must NOT have been
due to any voluntary action or
contribution of the person injured.
Ordinarily, only physicians and surgeons of
skill and experience are competent to testify
as to whether a patient has been treated or
operated upon with a reasonable degree of
skill and care.
HOWEVER, testimony as to the statements
and acts of physicians and surgeons, external
appearances, and manifest conditions which
are observable by any one may be given by
non-expert witnesses. [Reyes v. Sis. of Mercy
Hospital (2000)]
Illustration:
People v. Carmen (2001): It would appear
that accused-appellants are members of a cult
and that the bizarre ritual performed over the
victim was consented to by the victim's parents.
With the permission of the victim's parents,
accused-appellant Carmen, together with the
other accused-appellants, proceeded to subject
the boy to a "treatment" calculated to drive the
"bad spirit" from the boy's body. Unfortunately,
the strange procedure resulted in the death of
the boy. Thus, accused-appellants had no
criminal intent to kill the boy.
Their liability arises from their reckless
imprudence because they ought that to know
their actions would not bring about the cure.
They are, therefore, guilty of reckless
imprudence resulting in homicide and not of
murder.
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Art. 365 of the Revised Penal Code, as
amended, states that reckless imprudence
consists in voluntarily, but without malice,
doing or failing to do an act from which
material damage results by reason of
inexcusable lack of precaution on the part of
the person performing such act.
Compared to intentional felonies, such as
homicide or murder, what takes the place of the
element of malice or intention to commit a
wrong or evil i: the failure of the offender to
take precautions due to lack of skill taking into
account his employment, or occupation, degree
of intelligence, physical condition, and other
circumstances regarding persons, time and
place.
The elements of reckless imprudence are
apparent in the acts done by accused-
appellants which, because of their lack of
medical skill in treating the victim of his alleged
ailment, resulted in the latter's death. As
already stated, accused-appellants, none of
whom is a medical practitioner, belong to a
religious group, known as the Missionaries of
Our Lady of Fatima, which is engaged in faith
healing.
Ivler v. Modesto-San Pedro (2010): The
accused got involved in a car accident for which
he was charged with two separate offenses (RI
resulting to slight physical injuries and RI
resulting to homicide and damage to property).
He was convicted of the first offense and he
wanted the second information quashed on the
ground of double jeopardy. The Court held that
the Reckless Imprudence is a single crime and
the consequences on persons and property are
material only to determine the penalty. The
conviction or acquittal of such quasi-offense
bars subsequent prosecution for the same
quasi-offense, regardless of its various resulting
acts. The law penalizes the negligent act and
not its result.
Rafael Reyes Trucking v. People (2000):
Much of the confusion has arisen from the
common use of such descriptive phrase as
'homicide through reckless imprudence', and
the like; when the strict technical sense is, more
accurately, 'reckless imprudence resulting in
homicide'; or 'simple imprudence causing
damages to property'."
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