327 MALICIOUS MISCHIEF 1. That the offender deliberately caused damage to the property 1.

hat the offender deliberately caused damage to the property
1. Malicious mischief – willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive
of another. 2. No negligence
2. That such act does not constitute arson or other crimes 3. Example. Killing the cow as revenge
involving destruction. 4. If no malice – only civil liability
3. That the act damaging another’s property be committed 5. Damage is also diminution in value. Thus, damage to another’s house includes defacing it.
merely for the sake of damaging it. 6. But after damaging the thing, he used it = theft
7. Damage is not incident of a crime (breaking windows in robbery)
8. Malicious mischief does not necessarily include moral turpitude.
9. It is theft when there is intent to gain as when the offender removes or makes use of the fruits or objects of the damage. (Art 308, par 2)

328 SPECIAL CASES OF 1. Obstruct performance of public functions. Note: Qualified malicious mischief – no uprising or sedition (#1)
MALICIOUS MISCHIEF 2. Using poisonous or corrosive substances. 􀁸 These are called qualified malicious mischief.
3. Spreading infection or contagious among cattle. 􀁸 The mischief mentioned in the first clause (no. 1) is to be distinguished from sedition (Art. 139), in that the element of public uprising and tumultuous uprising is not present in
4. Damage to property of national museum or library, this crime.
archive, registry, waterworks, road, promenade, or
any other thing ised in common by the public.

MALICIOUS 329 OTHER MISCHIEF 1. Not included in 328

MISCHIEF a. scattering human excrement
(ARTS. 327-331) b. killing of cow as an act of revenge
Mischiefs not included in the next preceding article and are punished according to the value of damage caused.

330 DAMAGE AND 1. done by damaging railways, telegraph, telephone lines, electric wires, traction cables, signal system of railways
OBSTIVATION TO MEANS 2. removing rails from tracks is destruction (art 324)
OF COMMUNICATION 3. not applicable when telegraph/phone lines don’t pertain to railways (example: for transmission of electric power/light)
4. people killed as a result:
a. murder – if derailment is means of intent to kill
b. none – art 48
5. circumstance qualifying the offense if the damage shall result in any derailment of cars, collision or other accident – a higher penalty shall be imposed
6. when persom or persons are killed.
a. If there is no intent to kill – damages to measn of communication with homicide
b. If there is intent to kill and damaging the railways was the means to accomplish the criminal purpose - murder

331 DESTROYING OR 1. Any person who shall destroy or damage statues or any other useful or ornamental public monuments.
DAMAGING STATUES, 2. Any person who shall destroy or damage any useful or ornamental painting of a public nature
PUBLIC MONUMENTS OR
PAINTINGS

332 EXEMPTION FROM Persons exempt from criminal liability

CRIMINAL LIABILITY IN 1. Spouse, ascendants and descendants or relatives by affinity in the same line
CRIMES AGAINST 2. The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another
PROPERTY 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together
Offenses involved in the exemption
1. Theft
2. Swindling
3. Malicious mischief
Notes:
1. Exemption is based on family relations
2. Parties to the crime not related to the offended party still remains criminally liable
3. Persons exempt include:
a. stepfather/mother (ascendants by affinity)
b. adopted children (descendants)
c. concubine/paramour (spouse)
d. common law spouse (propert is part of their earnings)
Also applies to common-law spouses. No criminal liability but only civil liability shall result from the commission of any of the said crime.
The exemption does not apply to strangers participating in the commission of the crime.
The exemption does not apply if the crimes of theft, swindling and malicious mischief are complexed with another crime.

333 ADULTERY 1. That the woman is married (even if marriage subsequently
declared void)
2. That she has sexual intercourse with a man not her husband.
3. That as regards the man with whom she has sexual
intercourses, he must know her to be married.
1. mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance)
2. attempted: caught disrobing a lover
3. Who are liable?
1. The married woman who engages in sexual intercourse with a man not her husband.
2. The man who, knowing of the marriage of the woman, has sexual intercourse with her.
􀁸 Adultery is committed even if the marriage is subsequently declared void.
􀁸 The death of the paramour will not bar prosecution against the unfaithful wife, because the requirement that both offenders be included in the complaint is absolute only when
the offenders are alive.
􀁸 The death of the offended party will not terminate the proceedings.
􀁸 Each occasion of sexual intercourse constitutes a crime of adultery.
􀁸 The criminal liability is mitigated when adultery is committed while abandoned by spouse without justification
􀁸 There is no crime of frustrated adultery.
􀁸 Acquittal of one of the defendants will not automatically acquit the other.
􀁸 Abandonment without justification is not exempting circumstance but is merely mitigating.
􀁸 A married man who does not know of the married status of the woman may be liable for concubinage, if he appears to be guilty of any of the actsdefined in Art. 334.
􀁸 Requirements of pardon:
1. Must come before the institution of the criminal prosecution;
2. Both offenders must be pardoned.
􀁸 There is an implied pardon:
Act of intercourse with offending spouse subsequent to the adulterous conduct
􀁸 When there is consent, whether implied or expressed, of the husband, he cannot institute a criminal complaint for adultery.
􀁸 Under the law there can be no accomplice in the crime of adultery, although in fact there can be such an accomplice.
􀁸 Recrimination – husband’s illicit relationship does not absolve but may mitigate wife’s liability for adultery.

334 CONCUBINAGE 1. That the man must be married.
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling.
b. Having sexual intercourse under scandalous circumstances
with a woman who is not his wife.
c. Cohabiting with her in any other place.
3. That as regards the woman she must know him to be
married.
􀁸 Who are liable?
1. The married man
2. The woman who knew that the man was married.
􀁸 Conjugal dwelling means the home of the husband and wife even if the wife happens to be temporarily absent on any account.
􀁸 Scandalous circumstances are not necessary to make a husband guilty of concubinage by keeping a mistress in the conjugal dwelling.
􀁸 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
neighbor’s spiritual damage or ruin.
􀁸 Cohabit means to dwell together, in the manner of husband and wife, for some period of time, as distinguished from occasional transient interviews for unlawful intercourse.
􀁸 Adultery is more severely punished than concubinage.
Reason: Because adultery makes possible the introduction of another man’s blood into the family so that the offended husband may have another man’s son bearing his
(husband’s) name and receiving support from him.
 335 􀁸 Art. 335 has been repealed by RA No. 8353 (Anti-Rape Law of 1997) effective Oct. 22, 1997. Provisions on Rape are found in Arts. 266-A to 266-D under Crimes Against
Persons.
336 ACTS OF 1. That the offender commits any act of lasciviousness or 􀁸 The crime is unjust vexation in the absence of any of the above-mentioned circumstances (circumstances of rape).
LASCIVIOUSNESS lewdness. 􀁸 Attempted Rape
2. That it is done under any of the following circumstances: - The acts performed by offender clearly indicate that his purpose was to lie with the offended woman, it is attempted.
a. by using force or intimidation, or Acts of Lasciviousness
b. when the offended party is deprived of reason or otherwise - There is no intent to have sexual intercourse.
unconscious, or 􀁸 Attempted Rape
c. when the offended party is under 12 years of age. - The lascivious acts are but the preparatory acts to the commission of rape.
3. That the offended party is another person of either sex. - Manner of commission is the same.
- The performance of lascivious character is common to both.
Acts of Lasciviousness
- The lascivious acts are the final objective sought by the offender.
- Manner of commission is the same.
- The performance of lascivious character is common to both.
􀁸 What constitutes lewd or lascivious conduct must be determined from the circumstances of each case. The presence or absence of the lewd designs is inferred from the
nature of the acts themselves and the environmental circumstances.
􀁸 There can be no attempted and frustrated acts of lasciviousness.
􀁸 In People v. Jalosjos (GR No. 132876- 279, Nov. 16, 2001), the SC adopted the definition of “lascivious conduct” in Sec. 32, Art. XIII of the Implementing Rules and
Regulations of RA 7610, which reads as follows:
􀁸 “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, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.”

CRIMES AGAINST
337 QUALIFIED SEDUCTION 1. Seduction of a virgin over 12 and under 18 years 1. That the offended party is a virgin, which is (presumed if she Persons liable:
CHASTITY:
OF A VIRGIN of age by certain persons, such as a person in unmarried and of good reputation.) 1. Those who abuse their authority:
ADULTERY AND
authority, priest, teachers etc and 2. That she must be over 12 and under 18 years of age. a. persons in public authority
CONCUBINAGE
2. Seduction of a sister by her brother or descendant 3. That the offender has sexual intercourse with her. b. guardian
(ARTS. 333-334);
by her ascendant, regardless of her age or 4. That there is abuse of authority, confidence or relationship on c. teacher
ACTS OF
reputation (incestuous seduction) the part of the offender ( person entrusted with education or d. person who, in any capacity, is entrusted with the education or custody of the woman seduced
LASCIVIOUSNESS
custody of victim; person in public authority, priest; servant) 2. Those who abused the confidence reposed in them:
(ART. 336);
a. priest
SEDUCTION,
b. house servant
CORRUPTION OF
c. domestic
MINORS, AND
3. Those who abused their relationship:
WHITE
a. brother who seduced his sister
SLAVE TRADE
b. ascendant who seduced his descendant
(ARTS. 337-341);
• A “domestic” is different from a house servant, it means any person living under the same roof as a member of the same household, and includes boarders or house guests
PROVISIONS
but not transients or visitors.
RELATING
• The fact that the girl gave her consent to the sexual intercourse is no defense. In the same way, lack of consent of the girl is not an element of the offense.
TO THE PRECEDING
• The seduction of a sister or descendant is known as incest.
CHAPTERS
• Virginity of the sister or descendant is not required and she may be over 18 years of age. Relationship must be by consanguinity. The relationship need not be legitimate.
OF TITLE ELEVEN
(ARTS. 344-346)

338 SIMPLE SEDUCTION 1. That the offended party is over 12 and under 18 years of age.
2. That she must be of good reputation, single or widow.
3. That the offender has sexual intercourse with her.
4. That it is committed by means of deceit.
Note: common form is unconditional promise to marry
􀁸 Deceit generally takes the form of unfulfilled promise of marriage.
􀁸 It is not required in simple seduction that the victim be a virgin.
􀁸 The gist of qualified seduction is the abuse of authority, confidence, or relationship as the means of committing the crime. In simple seduction, it is the use of deceit. But in
both kinds of seduction, there must be sexual intercourse.

339 ACTS OF 1. that the offender commits acts of lasciviousness or lewdness. 􀁸 Distiction:
LASCIVIOUSNESS WITH 2. That the acts are committed upon a woman who is virgin or Art. 336
THE CONSENT OF THE single or widow of good reputation, under 18 years of age but - The acts are committed under circumstances which, had there been carnal knowledge, would amount to rape
OFFENDED PARTY over 12 years, or a sister or descendant regardless of her - The offended party is a female or a male
reputation or age. - Both treat of acts of lasciviousness
3. that the offender accomplishes the acts by abuse of authority, Art. 339
confidence, relationship, or deceit. - The acts of lasciviousness are committed under the circumstances which, had there been carnal knowledge, would amount to either qualified seduction or simple seduction
- The offended party should only be female
- Both treat of acts of lasciviousness
􀁸 There is an oversight in the law where the victim is exactly 12 years of age. If the victim is below 12, the crime will be rape, or unconsented acts of lasciviousness or forcible
abduction. Hence Art. 339 stating “over 12 years of age” should be construed as twelve years of age and over, thus construing the doubt in favor of the accused.

340 CORRUPTION OF Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another
MINORS 􀁸 Under age means under 18 years of age.
􀁸 The victim must be of good reputation and not a prostitute or corrupted person.
􀁸 It is not necessary that the unchaste acts shall have been done since what is being
punished is mere act of promotion or facilitation.
Special Protection of Children Against Child Abuse Act (R.A. 7610) – Child prostitution and attempt to commit child prostitution are punished under this Act.

341 WHITE SLAVE TRADE 1. Engaging in the business of prostitution Distiction:

2. Profiting by prostitution Corruption of Minors
3. Enlisting the service of women for the purpose of - It is essential that victims are minors
prostitution - May have victims of either sex
- May not necessarily be for profit
- Committed by a single act
White Slave Trade
- Minority need not be involved
- Limited only to females
- Generally for profit
- Generally committed habitually
􀁸 The first two modes require the element of profit and habituality. In the third mode, the profit motive is not required. (Regalado)
􀁸 White slave trade may be with or without the consent of the woman, while slavery for the purpose of assigning the woman to immoral traffic (Art. 272) is committed against
her will.
 342 FORCIBLE ABDUCTION 1. That the person abducted is any woman, regardless of her
age, civil status, or reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.
Note: Sexual intercourse is NOT necessary
Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible abduction
􀁸 Distiction:
Forcible Abduction
- With Lewd design There is no deprivation of liberty.
Grave Coercion/ Kidnapping
- No lewd design
- There is deprivation of liberty.
􀁸 Conviction of acts of lasciviousness is not a bar to conviction of forcible abduction
􀁸 Attempted Rape is absorbed by Forcible Abduction as the former constitutes the element of lewd design.
􀁸 If girl is under 12 – crime is ALWAYS FORCIBLE ABDUCTION even if she voluntarily goes with her abductor.
􀁸 Sexual intercourse is not necessary in forcible abduction. The intent to seduce the girl is sufficient.

343 CONSENTED ABDUCTION 1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of age.
3. That the taking away of the offended party must be with her
consent, after solicitation or cajolery from the offender.
4. That the taking away of the offended party must be with lewd
designs.
Crimes against Chastity where age and reputation of the victim are immaterial:
1. Acts of lasciviousness against the will of the offended party or against a sister or descendant.
2. Qualified Seduction of sister or descendant.
3. Forcible Abduction.

344 PROSECUTION OF 1. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse
ADULTERY, 2. Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint signed by:
CONCUBINAGE, a. offended party
SEDUCTION, ABDUCTION b. by her parents
RAPE AND ACTS OF c. grandparents
LASCIVIOUSNESS d. guardians in the order in which they are named above
Note: Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices,
accessories-after-the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape
􀁸 Pursuant to R.A. No. 8353, rape is now a crime against persons, which may be prosecuted de officio.
􀁸 In adultery and concubinage, the offended party must institute the criminal prosecution against both the guilty parties, if they are alive.
􀁸 The right to file the action granted to the parent, grandparent or guardian shall be exclusive of all other persons and shall be exercised successively in the order provided by
law.
􀁸 Pardon in adultery and concubinage must come before the institution of the criminal action and both offenders must be pardoned by the offended party if said pardon is to be
effective.
􀁸 Pardon in seduction must also come before the institution of the criminal action.
􀁸 Condonation is not pardon in concubinage or adultery – any subsequent act of the offender showing that there was no repentance will not bar the prosecution of the offense.
􀁸 Pardon by the offended party who is a minor must have the concurrence of parents – except when the offended party has no parents.
􀁸 Marriage of the offender with the offended party in seduction, abduction and acts of lasciviousness extinguishes criminal action or remits the penalty already imposed, and it
benefits the co-principals, accomplices and accessories. In rape, it extends only as to the principal.

345 CIVIL LIABILITY OF 1. To idemnify the offended women

PERSONS GUILTY OF 2. To acknowledge the offspring, unless the law should prevent him from doing so
RAPE, SEDUCTION OR EXCEPT:
ABDUCTION a. In adultery and concubinage since only a natural child may be acknowledged
b. Where either the offended party or the accused is married
c. When paternity cannot be determined as in multiple rape
d. Other instances where the law should prevent the offender from doing so; In every case to support the offspring.
3. In every case to support the offspring
Note: Under the Family Code, children are classified as only either legitimate or illegitimate, with no further positive act required from the parent, as the law itself provides the
child’s status. Natural children under the Civil Code fall within the classification of illegitimate children under the Family Code.
􀁸 Art. 176 of the Family Code confers parental authority over illegitimate children on the mother and provides their entitlement to support in conformity with the Family Code.

346 LIABILITY OF Persons who cooperate as accomplices but are punished as principals in rape, seduction, abduction, acts of lasciviousness, acts of lasciviousness with the consent of the
ASCENDANTS, OTHER offended party, corruption of minors, white slave trade:
PERSONS ENTRUSTED 1. Ascendants,
WITH CUSTODY OF 2. Guardians,
OFFENDED PARTY WHO 3. Curators, teachers, and
BY ABUSE OF AUTHORITY 4. Any person, who cooperates as accomplice with abuse of authority or confidential relationship.
OR CONFIDENCE SHALL 􀁸 Persons who act as accomplices in crimes against chastity (EXCEPT adultery and concubinage where there can be no accomplices or accessories), shall be punished as
COOPERATE AS principals.
ACCOMPLIES 􀁸 In addition, teachers or persons entrusted with education and guidance of the youth are penalized with disqualification.
􀁸 Furthermore, all those falling within the terms of this article shall be punished with special disqualification from the office of guardian.

347 A. SIMULATION OF 1. Simulation of births Elements of Simulation of Birth 􀁸 Object of the crime under Art. 347 is the creation of false or the causing of the loss of civil status.
BIRTHS, SUBSTITUTION 2. Substitution of one child for another 1. Child is baptized or registered in the Registry of birth as hers 􀁸 Simulation of births take 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
OF ONE CHILD FOR 3. Concealing or abandoning any legitimate child 2. Child loses its real status and acquiires a new one own.
ANOTHER, AND with the intent to cause such child to lose its civil 3. Actor’s purpose was to cause the loss of any trace as to the 􀁸 The operative act in the simulation is the registration of the child in the registry of births as the pretending parents own.
CONCEALMENT OR status child’s true filiation 􀁸 The simulation which is a crime is that which alters the civil status of person.
ABANDONMENT OF A Concealing or abandoning any legitimate child with the intent to 􀁸 The woman who simulates birth and the one who furnishes the child are both liable as principals. The unlawful sale of the child by its father was held to be not punishable
LEGITIMATE CHILD cause such child to lose its civil status under this Code (US vs. Capillo et. al., 30 Phil 349). Now, it is punishable under PD 603, with its Art. 59(3) which imposes 2-6 months imprisonment and/or P500.00 fine.
Requisites: Furthermore, if the accused shall engage in trading and dealing with children, including the act of buying and selling of child, that crime of child trafficking is punished with
1. The child must be legitimate reclusión temporal to reclusión perpetua under Sec 7, R.A. No. 7610.
2. The offender conceals or abandons such child Note: Abandoning means to leave a child in apublic place where other people may find the child.
3. The offender has the intent to cause the child to lose its civil 􀁸 Art. 276 (Abandoning a Minor)
status distinguished from Art. 347
Art. 276
- Crime against security.
- The offender must be the one who has the custody of the child.
- The purpose of the offender is to avoid the obligation of rearing and caring for the child.
Art. 347
- Crime against the civil status of a person.
- The offender is any person.
- The purpose is to cause the child to lose its civil status.

CRIMES AGAISNT 348 B. USURPATION OF CIVIL 1. Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person
THE CIVIL STATUS STATUS 2. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto
OF PERSONS: 3. Committed by asuming the filiation, or the parental or conjugal rights of another
SIMULATION OF 4. Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or hios heirs
BIRTHS AND 5. Example, where the intent of such usurpation is merely to enjoy or use the usurped civil rights, as by using another’s license or getting a cedula in another’s name, to avoid
USURPATION OF military service or to get a passport, it would not be punishable under this article (II Cuello Calon, Codigo Penal, 10th edition, p. 670). The offender could be liable for using
CIVIL STATUS; fictitious name (Art. 178) or estafa if he intended to defraud third persons (Art. 315), or possibly perjury or falsification depending on the acts he performed in connection with his
ILLEGAL intended offense.
MARRIAGES (ARTS.
349-352)
 CIVIL STATUS;
ILLEGAL
MARRIAGES (ARTS.
349-352)
349 BIGAMY 1. That the offender has been legally married. 1. The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party
2. That the marriage has not been legally dissolved or, in case 2. A simulated marriage is not marriage at all and can be used as a defense for bigamy
his or her spouse is absent, the absent spouse could not yet be 3. There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage
presumed dead according to the civil code. 4. Failure to exercise due diligence to ascertain the whereabouts of the 1st wife is bigamy through reckless imprudence
3. That he contracts a second or subsequent marriage. 5. A judicial declaration of the nullity of a marriage void ab initio is now required
4. That the second or subsequent marriage has all the essential 6. One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses
requisites for validity. 7. One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice

350 MARRIAGE CONTRACTED 1. That the offender contracted marriage. Note: Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud
AGAINST PROVISIONS OF 2. That he knew at the time that
LAWS a. the requirement of the law were not complied with, or
b. The marriage was in disregard of a legal impediment.

351 PREMATURE MARRIAGE 1. A widow who within 301 days from death of
husband, got married or before her delivery, if she
was pregnant at the time of his death
2. A woman whose marriage having been dissolved
or annulled, married before her delivery or within 301
days after the legal separation

352 PERFORMANCE OF performance of any illegal marriage ceremony by a

ILLEGAL MARRIAGE priest or minister of any religious denomination or
CEREMONY sect or by civil authorities
353 LIBEL DEFAMATION
354
CRIMES AGAINST
355
HONOR
356
357
358
359