Criminal Law Book 2 – Title One

JAN 25

Posted by Magz
TITLE ONE
I. CRIMES AGAINST NATIONAL SECURITY

Article 114
 ELEMENTS OF TREASON:
1. That the offender owes allegiance to the Government of the Philippines
2. That there is a war in which the Philippines is involved
3. That the offender either –
4. Levies war against the government,
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a reasonable design
4. breech of allegiance
5. adherence
6. giving aid or comfort to the enemy
5. Adheres to the enemies, giving them aid and comfort
 Ways of proving treason:
1. 2 witnesses testifying to same overt act
Example: X saw arms landed in La Union and loaded into a motor vehicle. At
this stage, not sufficient to convict yet. Y later saw the arms unloaded in a
warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO.
Because the law requires that 2 witnesses see the SAME OVERT ACT.
2. Confession of the accused in open court. Arraignment, pre-trial, trial – OK.
1. If he has pleaded NOT guilty already during arraignment, he can still confess
in open court by stating the particular acts constituting treason.
2. During trial, simply saying “I’m guilty” is not enough.
3. Withdrawing plea of “not guilty” during arraignment not necessary
4. If during arraignment he pleads guilty, court will ask if the accused
understands is plea. Submission of affidavit during trial, even if assisted by
counsel is not enough.
 Treason: breach of allegiance to the government, committed by a person
who owes allegiance to it. Allegiance: obligation of fidelity and obedience. It
is permanent or temporary depending on whether the person is a citizen or
an alien.
  Evident premeditation, superior strength and treachery are circumstances
inherent in treason, and are, therefore, not aggravating.
 Treason cannot be committed in times of peace, only in times of war –
actual hostilities. But no need for declaration of war
 Levying of war: a) that there be an actual assembling of men; b) for the
purpose of executing a treasonable design by force (deliver the country in
whole or in part to the enemy)

· Not Treasonous:
1. Acceptance of public office and discharge of official duties under the enemy
does not constitute per se the felony of treason (exception: when it is policy
determining)
2. Serving in a puppet government (ministerial functions) and in order to serve
the populace is NOT treasonous. But it is treason if: a) there is discretion
involved; b) inflicts harm on Filipinos; c) it is disadvantageous to them.
3. Purpose of offender: to deliver the Philippines to enemy country; if merely
to change officials – not treason
4. Filipino citizens can commit treason outside the Philippines. But that of an
alien must be committed in the Philippines.
5. Only Filipino citizens or permanent resident aliens can be held liable
6. Alien: with permanent resident status from the BID – it is neither the length
of stay in the Philippines nor the marriage with a Filipino that matters.

· On Citizenship
 Treason cannot be proved by circumstantial evidence or by extra-judicial
confession of the accused
 Actual hostilities may determine the date of the commencement of war
 No such thing as attempted treason; mere attempt consummates the crime
 Giving aid or comfort – material element, enhances forces of the enemy
country. Acts which strengthen or tend to strengthen the enemy in the
conduct of war against the traitor’s country or that which weaken and tend
to weaken the power of the same.
Example: Financing arms procurement of enemy country. But giving of
shelter is not necessarily “giving aid and comfort.”
 Adherence and giving aid or comfort must concur together. Adherence:
when a citizen intellectually or emotionally favors the enemy and harbors
convictions disloyal to his country’s policy. But membership in the police
force during the occupation is NOT treason.
Example: Giving information to, or commandeering foodstuffs for the
enemy.
 Adherence may be proved by: (1) one witness; (2) from the nature of the
act itself; (3) from the circumstances surrounding the act.
  Treason is a CONTINUING CRIME. Even after the war, offender can be
prosecuted.
 If you convict a person for treason by reason of irresistible force or
uncontrollable fear, you may use Art.12. No treason through negligence
 When killings and other common crimes are charged as overt act of treason,
they cannot be regarded as (1) separate crimes or (2) as complex with
treason.

Article 115
CONSPIRACY TO COMMIT TREASON
 ELEMENTS:
1. In time of war
2. 2 or more persons come to an agreement to

1. levy war against the government, or

2. adhere to the enemies and to give them aid or comfort,

1. They decide to commit it

 ELEMENTS OF PROPOSAL TO COMMIT TREASON
1. In time of war
2. A person who has decided to levy war against the government, or to adhere
to the enemies and to give them aid or comfort, proposes its execution to
some other person/s.
 Mere agreement and decisions to commit treason is punishable
 Mere proposal even without acceptance is punishable too. If the other
accepts, it is already conspiracy.

Article 116
MISPRISION OF TREASON
 ELEMENTS:
1. That the offender must be owing allegiance to the government, and not a
foreigner
2. That he has knowledge of any conspiracy (to commit treason) against the
government
3. That he conceals or does not disclose and make known the same as soon as
possible to the governor or fiscal of the province or the mayor or fiscal of the
city in which he resides
 Offender is punished as an accessory to the crime of treason
 This crime does not apply if the crime of treason is already committed
 Crime of omission
 “To report within a reasonable time” – depends on time, place and
circumstance – the RPC did not fix time.
  RPC states 4 individuals, what if you report to some other high-ranking
government official? Ex. PNP Director? Judge Pimentel says any gov’t official
of the DILG is OK.

Article 117
Espionage by entering, without authority therefor, warship, fort, or naval
or military establishments or reservation to obtain any information,
plans, photographs or other data of a confidential nature relative to the
defense of the Philippines.
 ELEMENTS:
1. 1. That the offender enters any of the places mentioned therein
1. 2. That he has no authority therefore;
2. That his purpose is to obtain information, plans, photographs or other data
of a confidential nature relative to the defense of the Philippines
Espionage by disclosing to the representative of a foreign nation the
contents of the articles, data, or information referred to in paragraph 1 of
Article 117, which he had in his possession by reason of the public office
holds
1. ELEMENTS: That the offender is a public officer
2. That he has in his possession the articles, data or information referred to in
par 1 of art 117, by reason of the public office he holds
3. That he discloses their contents to a representative of a foreign nation
 Purpose: to gather data
 Espionage: the offense of gathering, transmitting, or losing information
respecting the national defense with the intent or reason to believe that the
information is to be used to the injury of the Philippines or the advantage of
any foreign nation. It is not conditioned on citizenship.
 Not necessary that Philippines is at war with the country to which the
information was revealed. What is important is that the information related
is connected with the defense system of the Philippines.
 Wiretapping is NOT espionage if the purpose is not something connected
with the defense
 See CA 616

II. CRIMES AGAINST LAWS OF NATIONS

Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
 ELEMENTS:
1. That the offender performs unlawful or unauthorized acts
 2. That such acts provoke or give occasion for a war involving or liable to
involve the Philippines or expose Filipino citizens to reprisals on their persons
or property
 Crime is committed in time of peace, intent is immaterial
 Inciting to war – offender is any person
 Reprisals is not limited to military action, it could be economic reprisals, or
denial of entry into their country. Example. X burns Chinese flag. If China
bans the entry of Filipinos into China, that is already reprisal.

Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
1. That there is war in which the Philippines is not involved
2. That there is a regulation issued by competent authority for the purpose of
enforcing neutrality
3. That the offender violates such regulation
 Gov’t must have declared the neutrality of the Phil in a war between 2
other countries
 It is neutrality of the Phil that is violated
 Congress has the right to declare neutrality

Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
1. That it is in time of war in which the Philippines is involved
2. That the offender makes correspondence with an enemy country or territory
occupied by enemy troops
3. That the correspondence is either –
1. prohibited by the government, or
2. carried on in ciphers or conventional signs, or
3. containing notice or information which might be useful to the enemy
 Circumstances qualifying the offense:

a. notice or information might be useful to the enemy

b. offender intended to aid the enemy

 Hostile country exist only during hostilities or after the declaration of war
 Correspondence to enemy country – correspondence to officials of enemy
country – even if related to you.
 It is not correspondence with private individual in enemy country
 If ciphers were used, no need for prohibition
  If ciphers were not used, there is a need for prohibition
 In any case, it must be correspondence with the enemy country
 Doesn’t matter if correspondence contains innocent matters – if prohibited,
punishable

Article 121
FLIGHT TO ENEMY’S COUNTRY

 ELEMENTS
1. That there is a war in which the Philippines is involved
2. That the offender (Filipino or resident alien) must be owing allegiance to
the government
3. That the offender attempts to flee or go to enemy country
4. That going to enemy country is prohibited by competent authority
 Mere attempt consummates the crime
 There must be a prohibition. If none, even if went to enemy country – no
violation
 Alien resident may be guilty here.

Article 122
PIRACY
 2 Ways of Committing Piracy
1. By attacking or seizing a vessel on the high seas or in the Philippine waters
(PD 532)
2. By seizing the whole or part of the cargo of said vehicles, its equipment or
personal belongings of its complement or passengers
 Elements:
1. That a vessel is on the high seas/Philippine waters
2. That the offenders are not members of its complement or passengers of the
vessel
3. That the offenders –
1. attack or seize that vessel or (hence, if committed by crew or
passengers, the crime is not piracy but robbery in the high seas)
2. seize the whole or part of the cargo of said vessel, its equipment or
personal belongings of its complement or passengers
 High seas: any waters on the sea coast which are without the boundaries of
the low water mark although such waters may be in the jurisdictional limits
of a foreign gov’t
 PD 532 has been already repealed
 Piracy in high seas – jurisdiction is with any court where offenders are found
or arrested
 Piracy in internal waters – jurisdiction is only with Philippine courts
 For purpose of Anti-Fencing Law, piracy is part of robbery and thef
Piracy Mutiny
Robbery or forcible degradation on the
high seas, without lawful authority and Unlawful resistance to a superior officer, or the
done with animo furandi and in the raising of commotion and disturbances on
spirit and intention of universal board a ship against the authority of its
hostility. commander

Intent to gain is an element.

Attack from outside. Offenders are

strangers to the vessel. (this is the
standing rule with the repeal of PD
532 which made it possible for any
person to commit piracy including a
passenger or complement of the
vessel). Attack from the inside.

Article 123
QUALIFIED PIRACY
 CIRCUMSTANCES:
1. Whenever they have seized a vessel by boarding or firing upon the same
2. Whenever the pirates have abandoned their victims without means of saving
themselves
3. Whenever the crime is accompanied by murder, homicide, physical injuries,
or rape. (the above may result to qualified mutiny)
 Parricide/infanticide should be included (Judge Pimentel)
 Note the new rape law. Death is imposed in certain types of rape
 There is a conflict between this provision and the provision on rape. Ex. If
rape is committed on someone below 7 – death under the new rape law. But
if rape committed on someone below 7 during the time of piracy – RP to
death. Irreconcilable.
 Murder/rape/homicide/physical injuries must have been committed on the
passengers or complement

Criminal Law Book 2 – Title Two

JAN 25

Posted by Magz
TITLE TWO
I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Classes of Arbitrary Detention:
1. By detaining a person without legal ground
2. Delay in the delivery of detained persons to the proper judicial authorities
3. Delaying release

Article 124
ARBITRARY DETENTION
 ELEMENTS:
1. That the offender is a public officer or employee (whose official duties
include the authority to make an arrest and detain persons; jurisdiction to
maintain peace and order).
2. That he detains a person (actual restraint).
3. That the detention was without legal grounds (cannot be committed if with
warrant).
 Detention: when a person is placed in confinement or there is a restraint on
his person.
 Though the elements specify that the offender be a public officer or
employee, private individuals who conspire with public officers can also be
liable.
 Legal grounds for the detention of any person:
 Without legal grounds:
 Know grounds for warrantless arrest:
 For escaped prisoner – no need for warrant
 Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel)
 Example: Y was killed by unknown assailant. Officers got a tip and arrested
X. X voluntarily admitted to the officers that he did it although he was not
asked. X was detained immediately. According to the SC, there was NO
arbitrary detention. Why? Because once X made a confession, the officers
had a right to arrest him.
 Continuing crime is different from a continuous crime
 Ramos v. Enrile: Rebels later on retire. According to the SC, once you have
committed rebellion and have not been punished or amnestied, then the
rebels continue to engage in rebellion, unless the rebels renounce his
affiliation. Arrest can be made without a warrant because this is a continuing
crime.
1. commission of a crime
2. violent insanity or other ailment requiring compulsory confinement of the
patient in a hospital
1. he has not committed any crime or no reasonable ground of suspicion that
he has committed a crime
 2. not suffering from violent insanity or any other ailment requiring
compulsory confinement in a hospital
1. Crime is about to be, is being, has been committed
2. Officer must have reasonable knowledge that the person probably
committed the crime

Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS
 ELEMENTS:
1. That the offender is a public officer or employee
2. That he has detained a person for some legal grounds
3. That he fails to deliver such person to the proper judicial authority within:
1. 12 hours, if detained for crimes/offenses punishable by light penalties, or
their equivalent
2. 18 hours, for crimes/offenses punishable by correctional penalties, or their
equivalent or
3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive
penalties, or their equivalent
 Really means delay in filing necessary information or charging of person
detained in court. May be waived if a preliminary investigation is asked for.
 Does not contemplate actual physical delivery but at least there must be a
complaint filed. Duty complied with upon the filing of the complaint with the
judicial authority (courts, prosecutors – though technically not a judicial
authority, for purposes of this article, he’s considered as one.)
 The filing of the information in court does not cure illegality of detention.
Neither does it affect the legality of the confinement under process issued by
the court.
 To escape from this, officers usually ask accused to execute a waiver which
should be under oath and with assistance of counsel. Such waiver is not
violative of the accused constitutional right.
 What is length of waiver? Light offense – 5 days. Serious and less serious
offenses – 7 to 10 days. (Judge Pimentel)
 Article does not apply when arrest is via a warrant of arrest
 If offender is a private person, crime is illegal detention

Arbitrary Detention (124) Delay in Delivery of Detained (125)

Detention is legal in the beginning, but illegality
starts from the expiration of the specified periods
without the persons detained having been
Detention is illegal from the beginning. delivered to the proper judicial authority.
Article 126
DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the release of a prisoner or
detention prisoner, or that there is a proceeding upon a petition for the
liberation of such person
3. That the offender without good reason delays:
1. the service of the notice of such order to the prisoner, or
2. the performance of such judicial or executive order for the release of
the prisoner, or
3. the proceedings upon a petition for the release of such person
 Three acts are punishable:
 Wardens and jailers are the persons most likely to violate this provision
 Provision does not include legislation
1. delaying the performance of a judicial or executive order for the release of
a prisoner
2. delaying the service of notice of such order to said prisoner
3. delaying the proceedings upon any petition for the liberation of such person

Article 127
EXPULSION
ELEMENTS:
1. That the offender is a public officer or employee
2. That he expels any person from the Philippines, or compels a person to
change his residence
3. That the offender is not authorized to do so by law
 2 acts punishable:
1. by expelling a person from the Philippines
2. by compelling a person to change his residence

(The crime of expulsion absorbs that of grave coercion. If done by a private

person, will amount to grave coercion)

i.e.,Villavicencio v. Lukban: prostitutes’ case

 Does not include undesirable aliens; destierro; or when sent to prison
 If X (Filipino) after he voluntarily left, is refused re-entry – is considered
forcing him to change his address here
 Threat to national security is not a ground to expel or change his address.
Article 128
VIOLATION OF DOMICILE
ELEMENTS:
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the dwelling and/or to
make a search therein for papers or other effects
3. That he commits any of the following acts:
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
3. refusing to leave the premises, after having surreptitiously entered
said dwelling and after having been required to leave the same
 Aggravating Circumstance (medium and maximum of penalty imposed):
 If the offender who enters the dwelling against the will of the owner
thereof is a private individual, the crime committed is trespass to dwelling
(Art 280)
 When a public officer searched a person “outside his dwelling” without a
search warrant and such person is not legally arrested for an offense, the
crime committed by the public officer is grave coercion, if violence or
intimidation is used (Art 286), or unjust vexation, if there is no violence or
intimidation (Art 287)
 A public officer without a search warrant cannot lawfully enter the dwelling
against the will of the owner, even if he knew that someone in that dwelling
is having unlawful possession of opium
 3 acts punishable:
 “Being authorized by law” – means with search warrant, save himself or do
some things good for humanity
 There must be expression that entry is denied or that he is asked to leave
 Papers and effects need not be part of a crime.
1. offense committed at nighttime
2. papers or effects not constituting evidence of a crime be not returned
immediately
1. person enters dwelling w/o consent or against the will
2. person enters and searches for papers and effects
3. person entered secretly and refuses to leave after being asked to

Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
1. That the offender is a public officer or employee
2. That he procures a search warrant
3. That there is no just cause
ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING
UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY
PROCURED
ELEMENTS:
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant
3. That he exceeds his authority or uses unnecessary severity in executing the
same
 Search warrant is valid for 10 days from its date
 Search warrant is an order in writing issued in the name of the People,
signed by the judge and directed to a public officer, commanding him to
search for personal property described therein and bring it before the court
 No just cause – warrant is unjustified
 Search – limited to what is described in the warrant, all details must be with
particularity
 Malicious warrant. Example. X was a respondent of a search warrant for
illegal possession of firearms. A return was made. The gun did not belong to
X and the witness had no personal knowledge that there is a gun in that
place.
 Abuse examples:
1. X owner was handcuffed while search was going-on.
2. Tank was used to ram gate prior to announcement that a search will be
made
3. Persons who were not respondents were searched

Article 130
 ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:
1. That the offender is a public officer or employee
2. That he is armed with a search warrant legally procured
3. That he searches the domicile, papers or other belongings of any person
4. That the owner, or any member of his family, or two witnesses residing in
the same locality are not present
 Order of those who must witness the search:
 Validity of the search warrant can be questioned only in 2 courts: where
issued or where the case is pending. Latter is preferred for objective
determination.
 1. Homeowner
2. Members of the family of sufficient age and discretion
3. Responsible members of the community (can’t be influenced by the
searching party)

Article 131
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS
 ELEMENTS:
1. Offender is a public officer or employee
2. He performs any of the ff. acts:
1. prohibiting or interrupting, without legal ground the holding of a peaceful
meeting, or dissolving the same (e.g. denial of permit in arbitrary manner).
2. hindering any person from joining any lawful association or from attending
any of its meetings
 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
 If the offender is a private individual, the crime is disturbance of public
order (Art 153)
 Meeting must be peaceful and there is no legal ground for prohibiting,
dissolving or interrupting that meeting
 Meeting is subject to regulation
 Offender must be a stranger, not a participant, in the peaceful meeting;
otherwise, it’s unjust vexation
 Interrupting and dissolving a meeting of the municipal council by a public
officer is a crime against the legislative body, not punishable under this
article
 The person talking on a prohibited subject at a public meeting contrary to
agreement that no speaker should touch on politics may be stopped
 But stopping the speaker who was attacking certain churches in public
meeting is a violation of this article
 Prohibition must be without lawful cause or without lawful authority
 Those holding peaceful meetings must comply with local ordinances.
Example: Ordinance requires permits for meetings in public places. But if
police stops a meeting in a private place because there’s no permit, officer is
liable for stopping the meeting.

Article 132
INTERRUPTION OF RELIGIOUS WORSHIP
  ELEMENTS:
1. That the officer is a public officer or employee
2. That religious ceremonies or manifestations of any religion are about to
take place or are going on
3. That the offender prevents or disturbs the same
 Circumstance qualifying the offense: if committed with violence or threats
 Reading of Bible and then attacking certain churches in a public plaza is not
a ceremony or manifestation of religion, but only a meeting of a religious
sect. But if done in a private home, it’s a religious service
 Religious Worship: people in the act of performing religious rites for a
religious ceremony; a manifestation of religion. Ex. Mass, baptism, marriage
 X, a private person, boxed a priest while the priest was giving homily and
while the latter was maligning a relative of X. Is X liable? X may be liable
under Art 133 because X is a private person.
 When priest is solemnizing marriage, he is a person in authority, although in
other cases, he’s not.

Article 133
OFFENDING RELIGIOUS FEELINGS
 ELEMENTS:
1. That the acts complained of were performed –
1. in a place devoted to religious feelings, or (for this element, no need of
religious ceremony, only the place is material)
2. during the celebration of any religious ceremony
2. That the acts must be notoriously offensive to the feelings of the faithful
(deliberate intent to hurt the feelings)
3. The offender is any person
4. There is a deliberate intent to hurt the feelings of the faithful, directed
against religious tenet
 If in a place devoted to religious purpose, there is no need for an ongoing
religious ceremony
 Example of religious ceremony (acts performed outside the church).
Processions and special prayers for burying dead persons but NOT prayer
rallies
 Acts must be directed against religious practice or dogma or ritual for the
purpose of ridicule, as mocking or scoffing or attempting to damage an
object of religious veneration
 There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or rudeness
is not enough.

CRIME Nature of Crime Who are Liable If Element Missing

Prohibition,
Interruption
and Dissolution Crime against the
of Peaceful fundamental law of Public officers, If not by public officer =
Meeting (131) the state Outsiders tumults

If by insider = unjust
vexation

If not religious = tumult

or alarms

If not notoriously
Interruption of Crime against the offensive = unjust
Religious fundamental law of Public officers, vexation
Worship (132) the state Outsiders

If not tumults = alarms and

scandal

If meeting illegal at onset

Offending the Public officers, = inciting to sedition or
Religious Crime against public private persons, rebellion
Feeling (133) order outsiders

Criminal Law Book 2 –

Title Three
JAN 25

Posted by Magz
TITLE THREE
I. CRIMES AGAINST PUBLIC ORDER
Article 134
REBELLION OR INSURRECTION
 ELEMENTS:
1. That there be –
1. public uprising and
2. taking arms against the government (force/violence)
2. That the purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its laws –

 1. i. the territory of the Philippines or any part thereof, or

ii. any body of land, naval or other armed forces, or

2 To deprive the chief executive or congress, wholly or partially, of any of

their powers or prerogatives

 Persons liable for rebellion

1. Any person who:

1. promotes

2. maintains, or

3. heads a rebellion or insurrection; or

2. Any person who, while holding any public office or employment, takes part
therein by:
1. engaging in war against the forces of the government
2. destroying property or committing serious violence
3. exacting contributions or diverting public funds from the lawful purpose for
which they have been appropriated (Note: “diverting public funds” is
malversation absorbed in rebellion);
4. Any person merely participating or executing the command of others in
rebellion
 Success is immaterial, purpose is always political
 Rebellion used where the object of the movement is completely to
overthrow and supersede the existing government
 Insurrection refers to a movement which seeks merely to effect some
change of minor importance to prevent the exercise of gov’t authority w/
respect to particular matters or subjects
 Actual clash of arms w/ the forces of the gov’t, not necessary to convict the
accused who is in conspiracy w/ others actually taking arms against the gov’t
 Purpose of the uprising must be shown but it is not necessary that it be
accomplished
 A change of government w/o external participation
 RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT – actual
participation. If there is no public uprising, the crime is of direct assault.
 Mere giving of aid or comfort is not criminal in the case of rebellion. Merely
sympathizing is not participation, there must be ACTUAL participation
 Not necessary that there is killing, mere threat of removing Phil is sufficient
 Rebellion cannot be complexed with any other crime. However, illegal
possession of firearms in furtherance of rebellion is distinct from the crime of
 rebellion. Furthermore, it is a continuing crime such along with the crime of
conspiracy or proposal to commit such
 A private crime may be committed during rebellion. Examples: killing,
possessions of firearms, illegal association are absorbed. Rape, even if not in
furtherance of rebellion cannot be complexed
 If killing, robbing were done for private purposes or for profit, without any
political motivation, the crime would be separately be punished and would
not be embraced by rebellion (People v. Fernando)
 Read People v. Hernandez and Enrile v. Salazar
 Person deemed leader of rebellion in case he is unknown:
 Any person who in fact:
1. directed the others
2. spoke for them
3. signed receipts and other documents issued in their name
4. performed similar acts on behalf of the rebels

Article 134-A
COUP D E’TAT
 ELEMENTS:
1. Swift attack
2. Accompanied by violence, intimidation, threat, strategy or stealth
3. Directed against:
4. duly constituted authorities
5. any military camp or installation
6. communication networks or public utilities
1. other facilities needed for the exercise and continued possession of
power
7. Singly or simultaneously carried out anywhere in the Philippines
1. Committed by any person or persons belonging to the military or
police or holding any public office or employment; with or without
civilian support or participation
8. With or without civilian support or participation
9. Purpose of seizing or diminishing state power
 Crime may be committed by a single person, any government employee and
even by civilian
 Taking up of arms not even necessary, what is important is violence, threat, intimidation,
strategy or stealth
Coup d’etat
Treason (114) Rebellion (134) (134-A) Sedition (139)
Natu
r
e

o
f

C
r
i
mCrime against Crime against Public Crime against Crime against Public
e National Security Order Public Order Order

levying war against

the gov’t;
Over
t OR
Public uprising

Aadherence and AND Rising publicly or

c giving aid or tumultuously (caused
by more than 3 armed
t comfort to Taking up arms
men or provided with
s enemies against the gov’t See article. means of violence)

Purpose Seizing or
of Deliver the gov’t to diminishing state See enumeration in
objective enemy during war See article. power. article.

Article 135
Penalties
 Who are liable?
1. Any person who:
1. Promotes
2. Maintains
3. heads a rebellion or insurrection
4. engaging in war against the forces of the gov’t
5. destroying property or committing serious violence
6. exacting contributions or diverting public funds from the lawful purpose for
which they have been appropriated
2. Any person who, while holding any public office or employment, takes part
therein
 3. Any person merely participating or executing the command of other in a rebellion.

In Government Service Not in Government Service

Anyone who leads, directs, commands others to Anyone who participates or in an manner, supports,
undertake a coup. finances, abets, aids in a coup.

 Serious violence is that inflicted upon civilians, which may result in

homicide. It is not limited to hostilities against the armed force.
 Diverting public funds is malversation absorbed in rebellion
1. Public officer must take active part because mere silence or omission not
punishable in rebellion
2. It is not a defense in rebellion that the accused never took the oath of
allegiance to, or that they never recognized the government
3. Rebellion cannot be complexed with murder and other common crimes
committed in pursuance of the movement to overthrow the government
4. Killing, robbing etc for private persons or for profit, without any political
motivation, would be separately punished and would not be absorbed in the
rebellion.

Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
 ELEMENTS:
1. 2 more persons come to an agreement to rise publicly and take arms against
the government
2. For any of the purposes of rebellion
3. They decide to commit it
PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)
 ELEMENTS:
 Organizing a group of soldiers, soliciting membership in, and soliciting funds
for the organization show conspiracy to overthrow the gov’t
 The mere fact of giving and rendering speeches favoring Communism would
not make the accused guilty of conspiracy if there’s no evidence that the
hearers then and there agreed to rise up in arms against the gov’t
 Conspiracy must be immediately prior to rebellion
 If it is during the rebellion, then it is already taking part in it.
1. A person who has decided to rise publicly and take arms the government
2. For any of the purposes of rebellion
3. Proposes its execution to some other person/s

Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
 ELEMENTS:
 Presupposes existence of rebellion
 Must not be in conspiracy with rebels or coup plotters
 If there are means to prevent the rebellion but did not resist it, then
there’s disloyalty. If there are no means, no fault
 If position is accepted in order to protect the people, not covered by this
 The collaborator must not have tried to impose the wishes of the rebels of
the people.
1. Failing to resist rebellion by all the means in their power
2. Continuing to discharge the duties of their offices under the control of
rebels
3. Accepting appointment to office under rebels

Article 138
INCITING TO REBELLION OR INSURRECTION
 ELEMENTS:
1. That the offender does not take arms or is not in open hostility against the
government
2. That he incites others to the execution of any of the acts of rebellion
3. That the inciting is done by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end
 Intentionally calculated to seduce others to rebellion
 There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134

Proposal to Commit Rebellion

(136) Inciting to Rebellion (138)
The person who proposes has decided to Not required that the offender has decided to
commit rebellion. commit rebellion.

The person who proposes the execution of

the crime uses secret means. The inciting is done publicly.

Article 139
SEDITION
 ELEMENTS:
1. That the offenders rise –
1. Publicly (if no public uprising = tumult and other disturbance of public
order)
 2. Tumultuously (vis-à-vis rebellion where there must be a taking of arms)
3. to prevent the promulgation or execution of any law or the holding of any
popular election
4. to prevent the national government, or any provincial or municipal
government, or any public thereof from freely exercising its or his functions,
or prevent the execution of any administrative order
5. to inflict any act or hate or revenge upon the person or property of any
public officer or employee
6. to commit for any political or social end, any act of hate or revenge against
private persons or any social class (hence, even private persons may be
offended parties)
7. to despoil, for any political or social end, any person, municipality or
province, or the national government of all its property or any part thereof
2. That they employ force, intimidation, or other means outside of legal
methods
3. That the offenders employ any of those means to attain any of the following
objects:
 Sedition: raising of commotion or disturbances in the State. Its ultimate
object is a violation of the public peace or at least such measures that
evidently engenders it.
 Difference from rebellion – object or purpose of the surprising. For sedition
– sufficient that uprising is tumultuous. In rebellion – there must be taking up
of arms against the government.
 Sedition – purpose may be either political or social. In rebellion – always
political
 Tumultuous – caused by more than 3 persons who are armed or provided
with means of violence
 Preventing public officers from freely exercising their functions
 In sedition – offender may be a private or public person (Ex. Soldier)
 Public uprising and the object of sedition must concur
 Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO.
Crimes committed in that case were independent of each other.
 Preventing election through legal means – NOT sedition
 But when sugar farmers demonstrated and destroyed the properties of sugar
barons – sedition
 Persons liable for sedition:
1. leader of the sedition, and
2. other persons participating in the sedition

Article 142
INCITING TO SEDITION
  ELEMENTS:
1. That the offender does not take a direct part in the crime of sedition
2. That he incites others to the accomplishment of any of the acts which
constitute sedition (134)
3. That the inciting is done by means of speeches, proclamations, writing,
emblems, cartoons, banners, or other representations tending to the same
end (purpose: cause commotion not exactly against the government; actual
disturbance not necessary)
 Different acts of inciting to sedition:
 When punishable:
1. Inciting others to the accomplishment of any of the acts which constitute
sedition by means of speeches, proclamations, writings, emblems etc.
2. Uttering seditious words or speeches which tend to disturb the public peace
or writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels
against the government or any of the duly constituted authorities thereof,
which tend to disturb the public peace
3. Knowingly concealing such evil practices
1. when they tend to disturb or obstruct any lawful officer in executing the
functions of his office; or
2. when they tend to instigate others to cabal and meet together for unlawful
purposes
3. when they suggest or incite rebellious conspiracies or riots; or
4. when they 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

II. CRIMES AGAINST POPULAR

REPRESENTATION
Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR
BODIES
 ELEMENTS:
1. That there be a projected or actual meeting of Congress or any of its
committees or subcommittees, constitutional commissions or committees or
division thereof, or of any provincial board or city or municipal council or
board
2. That the offender who may be any persons prevents such meeting by force
or fraud
  Chief of Police and mayor who prevented the meeting of the municipal
council are liable under Art 143, when the defect of the meeting is not
manifest and requires an investigation before its existence can be
determined.

Article 144
DISTURBANCE OF PROCEEDINGS
 ELEMENTS:
1. That there be a meeting of Congress or any of its committees, constitutional
commissions or committees or divisions thereof, or of any provincial board or
city or municipal council or board
2. That the offender does any of the following acts
1. he disturbs any of such meetings
2. he behaves while in the presence of any such bodies in such a manner
as to interrupt its proceedings or to impair the respect due it
 Complaint must be filed by member of the Legislative body. Accused may
also be punished for contempt.

Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
 Acts punishable:
1. By using force, intimidation, threats, or frauds to prevent any member of
Congress from –
1. attending the meeting of the assembly or any of its committees,
constitutional commissions or committees or divisions thereof, or from
2. expressing his opinions or
3. casting his vote
2. By arresting or searching any member thereof while Congress is in a regular
or special session, except in case such member has committed a crime
punishable under the code by a penalty higher than prision mayor
Elements:
1. That the offender is a public officer or employee
2. That he arrests or searches any member of Congress
3. That Congress, at the time of arrest or search, is in a regular or special
session
4. That the member searched has not committed a crime punishable under the
code by a penalty higher than prision mayor (1987 constitution: privilege
from arrest while congress in session in all offenses punishable by not more
than 6 years imprisonment).
  Article partly inoperative because of the 1987 Constitution

III. ILLEGAL ASSEMBLIES AND

ASSOCIATIONS
Article 146
ILLEGAL ASSEMBLIES
 Two (2) Types of illegal assemblies:
a. Meeting of the first form
1. Meeting, gathering or group of persons whether in a fixed place or moving
2. purpose : to commit any of crimes punishable under the code
3. meeting attended by armed persons
b. Meeting of the second form
1. Meeting, gathering or group of persons whether in a fixed place or moving
2. Audience whether armed or not, is incited to the commission of the crime
of treason, rebellion or insurrection, sedition or direct assault.
 Not all the persons present at the meeting of the first form of illegal
assembly must be armed
 Persons liable for illegal assembly
 Responsibility of persons merely present at the meeting
 Presumptions if person present at the meeting carries an unlicensed
firearm:
1. the organizers or leaders of the meeting
2. persons merely present at the meeting (except when presence is out of
curiosity – not liable)
1. if they are not armed, penalty is arresto mayor
2. if they carry arms, like bolos or knives, or licensed firearms, penalty is
prision correccional
1. purpose of the meeting is to commit acts punishable under the RPC
2. considered as leader or organizer of the meeting

Article 147
ILLEGAL ASSOCIATIONS
 ELEMENTS:
 Persons liable:
1. Organized totally or partially for the purpose of committing any of the
crimes in RPC
2. Or for some purpose contrary to public morals
 1. founders, directors and president of the association
2. mere members of the association

Illegal Assembly (146) Illegal Association (147)

Must be an actual meeting of armed persons
to commit any of the crimes punishable
under the RPC, or of individuals who,
although not armed, are incited to the
commission of treason, rebellion, sedition or
assault upon a person in authority of his
agent. No need for such

It is the meeting and the attendance at such Act of forming or organizing and membership
that are punished in the association

Persons liable: leaders and those present Founders, directors, president and members

IV. ASSAULT, RESISTANCE AND

DISOBEDIENCE

Article 148
DIRECT ASSAULT
 ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT
1. That the offender employs force or intimidation.
2. That the aim of the offender is to attain any of the purposes of the crime of
rebellion or any of the objects of the crimes of sedition. (victim need not be
person in authority)
3. That there is no public uprising.
 ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:
1. That the offender (a) makes an attack, (b) employs force, (c) makes a
serious intimidation, or (d) makes a serious resistance.
2. That the person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent (a) is
engaged in the actual performance of official duties (motive is not essential),
or that he is assaulted (b) by reason of the past performance of official
duties (motive is essential).
4. That the offender knows that the one he is assaulting is a person in
authority or his agent in the exercise of his duties (with intention to offend,
injure or assault).
5. That there is no public uprising.
  Always complexed with the material consequence of the act (e.g. direct
assault with murder) except if resulting in a light felony, in which case, the
consequence is absorbed
 Hitting the policeman on the chest with fist is not direct assault because if
done against an agent of a person in authority, the force employed must be
of serious character
 The force employed need not be serious when the offended party is a
person in authority (ex. Laying of hands)
 The intimidation or resistance must be serious whether the offended party is an agent only or a
person in authority (ex. Pointing a gun)

Force Employed Intimidation/Resistance

Person in
Authority Need not be serious Serious

Agent Must be of serious character Serious

 Person in authority: any person directly vested with jurisdiction (power or

authority to govern and execute the laws) whether as an individual or as a
member of some court or governmental corporation, board or commission
 A barangay captain is a person in authority, so is a Division Superintendent
of schools, President of Sanitary Division and a teacher
 Agent: is one who, by direct provision of law or by election or by
appointment by competent authority, is charged with the maintenance of
public order and the protection and security of life and property. (Example.
Barrio councilman and any person who comes to the aid of the person in
authority, policeman, municipal treasurer, postmaster, sheriff, agents of the
BIR, Malacañang confidential agent)
 Even when the person in authority or the agent agrees to fight, still direct
assault.
 When the person in authority or the agent provoked/attacked first, innocent
party is entitled to defend himself and cannot be held liable for assault or
resistance nor for physical injuries, because he acts in legitimate self-
defense
 There can be no assault upon or disobedience to one authority by another
when they both contend that they were in the exercise of their respective
duties.
 When assault is made by reason of the performance of his duty there is no
need for actual performance of his official duty when attacked
 Circumstances qualifying the offense (Qualified Assault):
  Complex crime of direct assault with homicide or murder, or with serious
physical injuries.
 Direct assault cannot be committed during rebellion.
1. when the assault is committed with a weapon
2. when the offender is a public officer or employee
3. when the offender lays hand upon a person in authority
Article 149
INDIRECT ASSAULT
 ELEMENTS:
1. That a person in authority or his agent is the victim of any of the forms of
direct assault defined in ART. 148.
2. That a person comes to the aid of such authority or his agent.
3. That the offender makes use of force or intimidation upon such person
coming to the aid of the authority or his agent.
 Indirect assault can be committed only when a direct assault is also
committed
 To be indirect assault, the person who should be aided is the agent (not the
person in authority because it is already direct assault, the person coming to
the aid of the person in authority being considered as an agent and an attack
on the latter is already direct assault). Example. Aiding a policeman under
attack.

Article 150
DISOBEDIENCE TO SUMMONS
 Acts punishable:
1. refusing without legal excuse to obey summons
2. refusing to be sworn or placed under affirmation
3. refusing to answer any legal inquiry to produce books, records etc.
4. restraining another from attending as witness in such body
5. inducing disobedience to a summons or refusal to be sworn

Article 151
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT
OF SUCH PERSON (par. 1)
 ELEMENTS:
1. That a person in authority or his agent is engaged in the performance of
official duty or gives a lawful order to the offender.
2. That the offender resists or seriously disobeys such person in authority or his
agent.
 3. That the act of the offender is not included in the provisions of arts. 148,
149 and 150.
SIMPLE DISOBEDIENCE (par. 2)
 ELEMENTS:
1. That an agent of a person in authority is engaged in the performance of
official duty gives a lawful order to the offender.
2. That the offender disobeys such agent of a person in authority.
3. That such disobedience is not of a serious nature.

Resistant and Disobedience to a Person

in Authority or Agents of such Person
Direct Assault (148) (151)
PIA or his agent must be engaged in the
performance of official duties or that he is PIA or his agent must be in the actual performance
assaulted of his duties.

Direct assault is committed in 4 ways – by

attacking, employing force, and seriously Committed by resisting or seriously disobeying a
resisting a PIA or his agent. PIA or his agent.

Use of force against an agent of a PIA is not so

Use of force against an agent of PIA must serious; no manifest intention to defy the law and
be serious and deliberate. the officers enforcing it.

Article 152
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:
 Persons 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.
1. Barangay captain
2. Barangay chairman
3. Teachers
4. Professors
5. Persons charged with the supervision of public or duly recognized private
schools, colleges and universities
6. Lawyers in the actual performance of their professional duties or on the
occasion of such performance
 Agent of Person in Authority – any person who, by direct provision of law or
by election or by appointment by competent authority, is charged with the
maintenance of public order and the protection and security of life and
property.
1. Barrio councilman
2. Barrio policeman
3. Barangay leader
 4. Any person who comes to the aid of persons in authority
 Section 388 of the Local Gov’t Code provides that “for purposes of the RPC,
the punong barangay, sangguniang barangay members and members of the
lupong tagapamayapa in each barangay shall be deemed as persons in
authority in their jurisdictions, while other barangay officials and members
who may be designated by law or ordinance and charged with the
maintenance of public order, protection and the security of life, property, or
the maintenance of a desirable and balanced environment, and any barangay
member who comes to the aid of persons in authority shall be
deemed AGENT of persons in authority.

V. CRIMES AGAINST PUBLIC

DISORDERS
Article 153
 TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER:
1. Causing any serious disturbance in a public place, office or establishment
2. Interrupting or disturbing public performances, functions, gatherings or
peaceful meetings, if the act is not included in Art 131 and 132 (Public
Officers interrupting peaceful meetings or religious worship).
3. Making any outcry tending to incite rebellion or sedition in any meeting,
association or public place
4. Displaying placards or emblems which provoke a disturbance of public order
in such place
5. Burying with pomp the body of a person who has been legally executed.
 If the act of disturbing or interrupting a meeting or religious ceremony is
NOT committed by public officers, or if committed by public officers they are
not participants therein, this article applies. Art 131 and 132 punishes the
same acts if committed by public officers who are NOT participants in the
meeting
 The outcry is merely a public disorder if it is an unconscious outburst which,
although rebellious or seditious in nature, is not intentionally calculated to
induce others to commit rebellion or sedition, otherwise, its inciting to
rebellion or sedition.
 Tumultuous – if caused by more than 3 persons who are armed or provided
with means of violence (circumstance qualifying the
disturbance/interruption) – “tumultuous in character”
Article 154
 TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES:
 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.
2. Encouraging disobedience to the law or to the constituted authorities or by
praising, justifying or extolling any act punished by law, by the same means
or by words, utterances or speeches
3. Maliciously publishing or causing to be published any official resolution or
document without proper authority, or before they have been published
officially
4. Printing, publishing or distributing or (causing the same) books, pamphlets,
periodicals or leaflets which do not bear the real printer’s name or which are
classified as anonymous.

Article 155
 TYPES OF ALARMS AND SCANDALS:
1. Discharging any firearm, rocket, firecracker, or other explosive within any
town or public place, calculated to cause alarm or danger
2. Instigating or taking active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility
3. Disturbing the public peace while wandering about at night or while
engaged in any other nocturnal amusement
4. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided the act is not covered by Art 153 (tumult).
 Charivari – mock serenade or discordant noises made with kettles, tin horns
etc, designed to deride, insult or annoy
 Firearm must not be pointed at a person, otherwise, it is illegal discharge
 What governs is the result, not the intent

CRIME Nature of Crime Who are Liable

Tumults and other
Disturbances (153) Crime against Public Order Private persons, outsider

Alarms and Scandals (155) Crime against Public Order Private persons, outsider

Article 156
 ELEMENTS OF DELIVERING PRISONERS FROM JAILS:
1. That there is a person confined in a jail or penal establishment.
 2. That the offender removes therefor such person, or helps the escape of such
person (if the escapee is serving final judgement, he is guilty of evasion of
sentence).
3. Offender is a private individual
 Prisoner may be detention prisoner or one sentenced by virtue of a final
judgment
 A policeman assigned to the city jail as guard who while off-duty released a
prisoner is liable here
 It may be committed through negligence
 Circumstances qualifying the offense – is committed by means of violence,
intimidation or bribery.
 Mitigating circumstance – if it takes place outside the penal establishment
by taking the guards by surprise

VI. EVASION OF SENTENCE OR

SERVICE
Article 157
 ELEMENTS OF EVASION OF SERVICE OF SENTENCE:
1. That the offender is a convict by final judgment.
2. That he is serving his sentence which consists in deprivation of liberty
(destierro included)
3. That he evades the service of his sentence by escaping during the term if his
sentence. (fact of return immaterial).
 A continuing offense.
 Offenders – not minor delinquents nor detention prisoners
 If escaped within the 15 day appeal period – no evasion
 No applicable to deportation as the sentence
 Flimsy excuse for violating destierro – not acceptable
 Circumstances qualifying the offense (done thru):
1. unlawful entry (by “scaling”)
2. breaking doors, windows, gates, walls, roofs or floors
3. using picklocks, false keys, disguise, deceit, violence or intimidation
4. connivance with other convicts or employees of the penal institution

Article 158
 ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:
 1. That the offender is a convict by final judgement who is confined in a penal
institution.
2. That there is disorder, resulting from- 1. conflagration,

2. earthquake,

3. explosion, or

4. similar catastrophe, or

5. mutiny in which he has not participated.

1. That the offender 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.
2. That the offender fails to give himself up to the authorities within 48 hours
following the insurance of a proclamation by the chief executive announcing
the passing away of such calamity.
 Penalty: an increase by 1/5 of the time remaining to be served under the
original sentence, in no case to exceed 6 months.
 Offender must escape to be entitled to allowance
 Mutiny – organized unlawful resistance to a superior officer, a sedition, a
revolt
 Disarming the guards is not mutiny

Article 159
VIOLATION OF CONDITIONAL PARDON
 ELEMENTS:
1. That the offender was a convict.
2. That he was granted a conditional pardon by the chief executive.
3. That he violated any of the conditions of such pardon.
 Condition extends to special laws – violation of illegal voting
 Offender must have been found guilty of the subsequent offense before he can be prosecuted
under this Article. But if under Revised Admin Code, no conviction necessary. President has power
to arrest, reincarnate offender without trial.

VIOLATION OF PARDON ORDINARY EVASION

Infringement of conditions/terms of To evade the penalty given by the courts –
President disturbs the public order

 Two penalties provided:

1. prision correccional in its minimum period – if the penalty remitted does not
exceed 6 years
 2. the unexpired portion of his original sentence – if the penalty remitted is
higher than 6 years

VII. COMMISSION OF ANOTHER CRIME

Article 160
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED
FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)
 ELEMENTS
1. That the offender was already convicted by final judgement of one offense.
2. That he committed a new felony before beginning to serve such sentence or
while serving the same.
 Quasi-recidivism : a person after having been convicted by final judgement
shall commit a new felony before beginning to serve such sentence, or while
serving the same.
 Second crimes must belong to the RPC, not special laws. First crime may be
either from the RPC or special laws
 Reiteracion: offender shall have served out his sentence for the prior
offense
 A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual
Delinquent
 If new felony is evasion of sentence – offender is not a quasi-recidivist
 Penalty: maximum period of the penalty for the new felony should be
imposed (mitigating circumstance can only be appreciated if the maximum is
divisible)
 Quasi-Recidivism may be offset by a special privileged mitigating
circumstance (ex. Minority)

Criminal Law Book 2 – Title Four

JAN 25

Posted by Magz

TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST
Article 161
 TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:
1. Forging the great seal of the Government
2. Forging the signature of the President
3. Forging the stamp of the President
 When the signature of the President is forged, it is not falsification but
forging of signature under this article
 Signature must be forged, others signed it – not the President.

Article 162
 USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:
1. That the great seal of the republic was counterfeited or the signature or
stamp of the chief executive was forged by another person.
2. That the offender knew of the counterfeiting or forgery.
3. That he used the counterfeit seal or forged signature or stamp.
 Offender is NOT the forger/not the cause of the counterfeiting

Article 163
 ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:
1. That there be false or counterfeited coins (need not be legal tender).
2. That the offender either made, imported or uttered such coins.
3. That in case of uttering such false or counterfeited coins, he connives with
counterfeiters or importers.
 Coin is counterfeit – if it is forged, or if it is not an article of the
government as legal tender, regardless if it is of no value
 Counterfeiting – imitation of legal or genuine coin (may contain more silver,
different design) such as to deceive an ordinary person in believing it to be
genuine
 Utter – to pass counterfeited coins, deliver or give away
 Import – to bring to port the same
 Both Philippine and foreign state coins
 Applies also to coins withdrawn from circulation
 Essence of article: making of coins without authority

Article 164
 ELEMENTS OF MULTILATION OF COINS – IMPORTATION AND UTTERANCE:

This has been repealed by PD 247. Under this PD, the acts punishable are:
 1. willful defacement
2. mutilation
3. tearing
4. burning
5. destruction of Central Bank notes and coins
 Mutilation – to take off part of the metal either by filling it or substituting it
for another metal of inferior quality, to diminish by inferior means (to
diminish metal contents).
 Foreign notes and coins not included. Must be legal tender.
 Must be intention to mutilate.

Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
 2 Types
1. Possession of coin, counterfeited or mutilated by another person, with
intent to utter the same, knowing that it is false or mutilated.
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
4. Actually uttering such false or mutilated coin, knowing the same to be false
or mutilated.
ELEMENTS:
1. actually uttering, and
2. knowledge.
 Possession does not require legal tender in foreign coins
 Includes constructive possession
 Read RA 427

Article 166
FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING
 Acts punishable:
1. Forging or falsity of treasury/bank notes or documents payable to bearer
2. Importing of such notes
3. Uttering of such false or forged obligations and notes in connivance with
forgers and importers
 Forging – by giving a treasury or bank note or document payable to
bearer/order an appearance of a true and genuine document
  Falsification – by erasing, substituting, counterfeiting or altering by any
means the figures and letters, words, signs contained therein
 E.g. falsifying – lotto or sweepstakes ticket. Attempted estafa through
falsification of an obligation or security of the Phil
 PNB checks not included here – it’s falsification of commercial document
under Article 172
 Obligation or security includes: bonds, certificate of indebtedness, bills,
national bank notes, coupons, treasury notes, certificate of deposits, checks,
drafts for money, sweepstakes money

Article 167
 ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING
INSTRUMENTS NOT PAYABLE TO BEARER:
1. That there be an instrument payable to order or other document of credit
not payable to bearer.
2. That the offender either forged, imported or uttered such instruments.
3. That in case of uttering, he connived with the forger or importer.

Article 168
 ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR
BANK NOTES AND OTHER INSTRUMENT OF CREDIT:
1. That any treasury or bank note or certificate or other obligation and
security payable to bearer, or any instrument payable to order or other
document of credit not payable to bearer is forged or falsified by another
person.
2. That the offender knows that any of those instruments is forged or falsified.
3. That he performs any of these acts –
1. using any of such forged or falsified instrument, or
2. possessing with intent to use any of such forged or falsified
instrument.
 Act sought to be punished: Knowingly possessing with intent to use any of
such forged treasury or bank notes

Article 169
FORGERY
 How forgery is committed:
 if all acts done but genuine appearance is not given, the crime is frustrated
 1. by giving to a treasury or bank note or any instrument payable to bearer or
to order, the appearance of a true and genuine document
2. by erasing, substituting, counterfeiting, altering by any means the figures,
letters or words, or signs contained therein.

Article 170
 ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:
1. That these be a bill, resolution or ordinance enacted or approved or pending
approval by the national assembly or any provincial board or municipal
council.
2. That the offender (any person) alters the same.
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the document.
 Accused must not be a public official entrusted with the custody or
possession of such document otherwise Art 171 applies.

Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR
NOTARY OR ECCLESTASTICAL MINISTER
 ELEMENTS:
1. That the offender is a public officer, employee, or notary public.
2. That he takes advantage of his official position.
3. That he falsifies a document by committing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric.
Requisites:
1. That there be an intent to imitate, or an attempt to imitate
2. That the two signatures or handwritings, the genuine and the forged, bear
some resemblance, to each other
 (lack of similitude/imitation of a genuine signature will not be a ground for
conviction under par. 1 but such is not an impediment to conviction under
par. 2)
1. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate.
2. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them.
Requisites:
1. That the offender caused it to appear in a document that a person/s
participated in an act or a proceeding; and
2. That such person/s did not in fact so participate in the act or proceeding
 3. Making untruthful statements in a narration of facts;
Requisites:
1. That the offender makes in a document statements in a narration of facts
2. That he has a legal obligation to disclose the truth of the facts narrated by
him; (required by law to be done) and
3. That the facts narrated by the offender are absolutely false; and
4. That the perversion or truth in the narration of facts was made with the
wrongful intent of injuring a third person
 There must be a narration of facts, not a conclusion of law. Must be on a
material matter
 Legal obligation means that there is a law requiring the disclosure of the
truth of the facts narrated. Ex. Residence certificates
 The person making the narration of facts must be aware of the falsity of the
facts narrated by him. This kind of falsification may be committed by
omission
1. Altering true dates. – date must be essential
2. Making any alteration or intercalation in a genuine document which changes
its meaning.
Requisites:
1. That there be an alteration (change) or intercalation (insertion) on a
document
2. That it was made on a genuine document
3. That the alteration/intercalation has changed the meaning of the document
4. That the change made the document speak something false.
5. Issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such copy a
statement contrary to, or different from, that of the genuine original; (if no
knowledge, falsification through negligence) or
6. Intercalating any instrument or note relative to the issuance thereof in a
protocol, registry, or official book. (genuine document)
7. In case the offender is an ecclesiastical minister, the act of falsification is
committed with respect to any record or document of such character that its
falsification may affect the civil status of persons.
 There is no crime of attempted or frustrated falsification of public
document
 Persons liable – public officer, employee or notary public or ecclesiastical
minister
 If offender does not take advantage of his public position, he may still be
liable for falsification of documents by a private person
 Document: any written statement by which a right is established or an
obligation is extinguished
  Not necessary that what is falsified is a genuine or real document, enough
that it gives an appearance of a genuine article
 Counterfeiting – imitating any handwriting, signature or rubric
 Feigning – simulating a signature, handwriting, or rubric out of one of which
does not in fact exist

Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A
PRIVATE INDIVIDUAL (par 1)
 ELEMENTS
1. That the offender is a private individual or a public officer or employee who
did not take advantage of his official position.
2. That he committed any of the acts of falsification enumerated in ART. 171.
1. Counterfeiting or imitating any handwriting, signature or rubric.
2. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participated.
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them.
4. Making untruthful statements in a narration of facts;
5. Altering true dates.
6. Making any alteration or intercalation in a genuine document which
changes its meaning.
7. That the falsification was committed in any public or official or
commercial document.
 Under this paragraph, damage is not essential, it is presumed
 Defense: lack of malice or criminal intent
 The following writings are public:
 Examples of commercial documents – warehouse receipts, airway bills, bank
checks, cash files, deposit slips and bank statements, journals, books,
ledgers, drafts, letters of credit and other negotiable instruments
 Cash disbursement vouchers or receipts evidencing payments are not
commercial documents
 A mere blank form of an official document is not in itself a document
 The possessor of falsified document is presumed to be the author of the
falsification
1. the written acts or records of cats of the sovereign authority of official
bodies and tribunals, and of the public officers, legislative, judicial and
executive, whether of the Philippines or of a foreign country.
2. Public records kept in the Philippines.
FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE
DOCUMENT
 ELEMENTS :
1. That the offender committed any of the acts of falsification, except those
in paragraph 7 and 8, enumerated in art. 171.
2. That the falsification was committed in any private document (must affect
the truth or integrity of the document)
3. That the falsification caused damage (essential element; hence, no crime of
estafa thus falsification of private document) to a third party or at least the
falsification was committed with intent to cause such damage.
 Not necessary that the offender profited or hoped to profit from the
falsification
 A document falsified as a necessary means to commit another crime must
be public, official or commercial
 There is no complex crime of estafa through falsification of a private
document because the immediate effect of the latter is the same as that of
estafa
 If the estafa was already consummated at the time of the falsification of a
private document was committed for the purpose of concealing the estafa,
the falsification is not punishable, because as regards the falsification of the
private document there was no damage or intent to cause damage.
 A private document may acquire the character of a public document when it
becomes part of an official record and is certified by a public officer duly
authorized by law
 The crime is falsification of public documents even if falsification took place
before the private document becomes part of the public records.

USE OF FALSIFIED DOCUMENT (par. 3, art. 172)

 ELEMENTS:
1. Introducing in a judicial proceeding:
1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any subdivisions nos.
1 and 2 of art. 172.
3. That he introduced said document in evidence in any judicial proceeding.
(intent to cause damage not necessary)
4. that the offender knew that a document was falsified by another person.
5. That the false document is embraced in art. 171 or in any of subdivisions
nos. 1 and 2 of art. 172.
6. That he used such documents (not in judicial proceedings).
7. That the use of the documents caused damage to another or at least was
used with intent to cause such damage.
 2. Use in any other transaction
 The user of the falsified document is deemed the author of falsification, if:
1. the use is so closely connected in time with the falsification
2. the user had the capacity of falsifying the document

Falsification of Private
Documents Falsification of Public/Official Documents
Prejudice to third persons is immaterial, what is
Prejudice to third party is an punished is the violation of public faith and
element of the offense. perversion of truth which the document proclaims.

Article 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE
MESSAGES, AND USE OF SAID FALSIFIED MESSAGES
 Acts punishable:
1. Uttering fictitious, wireless, telegraph or telephone message

Requisites:

1. That the offender is an officer or employee of the government or an officer

or employee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
2. That the accused commits any of the following acts:

– uttering fictitious wireless, cable, telegraph, or telephone message, or

– falsifying wireless, cable, telegraph, or telephone message

1. Falsifying wireless, telegraph or telephone message

Requisites:
1. That the offender is an officer or employee of the government or an officer
or employee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
2. That the accused commits any of the following acts:

– uttering fictitious wireless, cable, telegraph, or telephone message, or

– falsifying wireless, cable, telegraph, or telephone message

1. Using such falsified message

Requisites:
 1. That the accused knew that wireless, cable, telegraph, or telephone
message was falsified by any of the person specified in the first paragraph of
art. 173.
2. That the accused used such falsified dispatch.
3. That the use of the falsified dispatch resulted in the prejudice of a third
party, or that the use thereof was with intent to cause such prejudice.
 The public officer, to be liable must be engaged in the service of sending or
receiving wireless, cable and telegraph or telephone message

Article 174
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR
SERVICE AND THE LIKE:
 Persons liable:
1. Physician or surgeon who, in connection with the practice of his profession,
issued a false certificate (note: such certificate must refer to the illness or
injury of a person)
2. Public officer who issued a false certificate of merit of service, good
conduct or similar circumstances
3. Private individual who falsified a certificate under (1) and (2)

Article 175
 ELEMENTS OF USING FALSE CERTIFICATES:
1. That a physician or surgeon has issued a false medical certificate, or a
public officer has issued a false certificate of merit or service, good conduct,
or similar circumstances, or a private person had falsified any of said
certificates.
2. That the offender knew that the certificate was false.
3. That he used the same.

Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR
FALSIFICATION:
 Acts punishable:
1. Making or introducing into the Philippines any stamps, dies or marks or
other instruments or implements for counterfeiting or falsification
2. Possessing with intent to use the instruments or implements for
counterfeiting or falsification made in or introduced into the Philippines by
another person
  The implement confiscated need not form a complete set
 Constructive possession is also punished

II. OTHER FALSITIES

Article 177
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:
 2 ways of committing the crime:
1. By knowingly and falsely representing oneself to be an officer, agent or
representative of any department or agency of the Philippine gov’t or any
foreign gov’t.
2. By performing an act pertaining to any person in authority or public officer
of the Phil gov’t or foreign gov’t under the pretense of such official position,
and without being lawfully entitled to do so.
 In usurpation of authority: The mere act of knowingly and falsely
representing oneself is sufficient. Not necessary that he performs an act
pertaining to a public officer.
 In usurpation of official functions: It is essential that the offender should
have performed an act pertaining to a person in authority
 A public officer may also be an offender
 The act performed without being lawfully entitled to do so must pertain:
1. to the gov’t
2. to any person in authority
3. to any public office

Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
 ELEMENTS (using fictitious name) :
1. That the offender uses a name other than his real name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is –
1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing fictitious name for a
passport)
 ELEMENTS (concealing true name):
1. that the offender conceals –
2. his true name, and
3. all other personal circumstances.
1. that the purpose is only to conceal his identity.
 Use of Fictitious Name (178) Concealing True Name (178)
Element of publicity must be present Publicity not necessary

Purpose is to conceal a crime, to evade the

execution of a judgement, or to cause damage Purpose is to conceal identity

Article 179
 ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
1. That the offender makes use of insignia, uniform or dress.
2. That the insignia, uniform or dress pertains to an office not held by the
offender or to a class of persons of which he is not a member.
3. That said insignia, uniform or dress is used publicly and improperly.
 an exact imitation of the dress or uniform is unnecessary

Article 180
 ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:
1. That there be a criminal proceeding.
2. That the offender testifies falsely under oath against the defendant therein.
3. That the offender who gives false testimony knows that it is false.
4. That the defendant against whom the false testimony is given is either
acquitted or convinced in a final judgment (prescriptive period starts at this
point)
 Requires criminal intent, can’t be committed through negligence. Need not
impute guilt upon the accused
 The defendant must at least be sentenced to a correctional penalty or a
fine or must have been acquitted
 The witness who gave false testimony is liable even if the court did not
consider his testimony
 Penalty is dependent upon sentence imposed on the defendant

Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:
 False testimony by negative statement is in favor of the defendant
 False testimony need not in fact benefit the defendant
 A statement of a mere opinion is not punishable
 Conviction or acquittal is not necessary (final judgement is not necessary).
The false testimony need not influence the acquittal
 A defendant who voluntarily goes up on the witness stand and falsely
imputes the offense to another person the commission of the offense is liable
 under this article. If he merely denies the commission of the offense, he is
not liable.
 Basis of penalty: gravity of the felony charged against the defendant

Article 182
 ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:
1. That the testimony must be given in a civil case.
2. That the testimony must relate to the issues presented in said case.
3. That the testimony must be false.
4. That the false testimony must be given by the defendant knowing the same
to be false.
5. That the testimony must be malicious and given with an intent to affect the
issues presented in the said case
 Not applicable when testimony given in a special proceeding (in this case,
the crime is perjury)
 Basis of penalty: amount involved in the civil case

Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN
SOLEMN AFFIRMATION:
1. That an accused made a statement under oath or made an affidavit upon a
material matter.
2. That the statement or affidavit was made before a competent officer,
authorized to receive and administer oath.
3. That in that statement or affidavit, the accused made a willful and
deliberate assertion of a falsehood, and
4. That the sworn statement or affidavit containing the falsity is required by
law.

 2 ways of committing perjury:

 Subornation of perjury: procures another to swear falsely. Solemn
affirmation: refers to non-judicial proceedings and affidavits
 A false affidavit to a criminal complaint may give rise to perjury
 A matter is material when it is directed to prove a fact in issue
 A “competent person authorized to administer an oath” means a person who
has a right to inquire into the questions presented to him upon matters under
his jurisdiction
  There is no perjury through negligence or imprudence since the assertion of
falsehood must be willful and deliberate
 Even if there is no law requiring the statement to be made under oath, as
long as it is made for a legal purpose, it is sufficient
 Perjury is an offense which covers false oaths other than those taken in the
course of judicial proceedings
 False testimony before the justice of the peace during the P.I. may give rise
to the crime of perjury because false testimony in judicial proceedings
contemplates an actual trial where a judgment of conviction or acquittal is
rendered
 A person who knowingly and willfully procures another to swear falsely
commits subornation of perjury and the witness suborned does testify under
circumstances rendering him guilty of perjury.
 The false testimony is not in a judicial proceeding
1. by falsely testifying under oath
2. by making a false statement

Article 184
 ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:

a That the offender offered in evidence a false witness or false

testimony.

b That he knew the witness or the testimony was false.

c That the offer was made in a judicial or official proceeding.

 Article applies when the offender without inducing another, but knowing
him to be a false witness, presented him and the latter testified falsely in a
judicial or official proceeding
 The false witness need not be convicted of false testimony. The mere offer
is sufficient.

III. FRAUDS
Article 185
 ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:

a That there be a public auction.

b That the accused solicited any gift or a promise from any of the
bidders.
c That such gifts or promise was the consideration for his refraining from
taking part in that public auction.

d That the accused had the intent to cause the reduction of the price of
the thing auctioned.

 ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:

a That there be a public auction.

b That the accused attempted to cause the bidders to stay away from
that public auction

c That it was done by threats, gifts, promises, or any other artifice.

d That the accused had the intent to cause the reduction of the price of
the thing auctioned.

Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:
 Acts punished:
1. Combination to prevent free competition in the market
2. By entering into a contract or agreement or taking part in any conspiracy or
combination in the form of a trust or otherwise, in restraint of trade or
commerce or prevent by artificial means free competition in the market (It is
enough that initial steps are taken. It is not necessary that there be actual
restraint of trade)
3. Monopoly to restrain free competition in the market

– By monopolizing any merchandise or object of trade or commerce, by

combining with any person or persons to monopolize said merchandise or
object in order to alter the prices thereof by spreading false rumors or
making use of any other artifice to restrain free competition in the market

4. Manufacturer, producer or processor or importer combining, conspiring or

agreeing with any person to make transactions prejudicial to lawful
commerce or to increase the market price of the merchandise.
 Person/s liable:
 Crime is committed by:
 The purpose is:
 Also liable as principals:
 Aggravated if items are:
1. manufacturer
 2. producer
3. processor
4. importer
1. combining
2. conspiring
3. agreeing with another person
1. to make transactions prejudicial to lawful commerce
2. to increase the market price of any merchandise or object of commerce
manufactured, produced, processed, assembled or imported into the Phil
1. corporation/association
2. agent/representative
3. director/manager – who willingly permitted or failed to prevent commission
of above offense
1. food substance
2. motor fuel or lubricants
3. goods of prime necessity

Article 187
 ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS:

a That the offender imports, sells or disposes of any of those articles or

merchandise.

b That the stamps, brands, or marks or those articles or merchandise fails

to indicate the actual fineness or quality of said metals or alloys.

c That the offender knows that the said stamp, brand, or mark fails to
indicate the actual fineness or quality of the metals or alloys.

Article 188
SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK
 Acts punishable:

a By (a) substituting the trade name (t/n) or trademark (t/m) of some

other manufacturer or dealer or a colorable imitation thereof, for the t/n or
t/m of the real manufacturer or dealer upon any article of commerce and
(b) selling the same.
b By selling or by offering for sale such article of commerce, knowing that
the t/n or t/m has been fraudulently used

c By using or substituting the service mark of some other person, or a

colorable imitation of such marks, in the sale or advertising of services

d By printing, lithographing or reproducing t/n, t/m or service mark of

one person, or a colorable limitation thereof, to enable another person to
fraudulently use the same, knowing the fraudulent purpose for which it is to
be used.

Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME,
TRADEMARK SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND
FALSE DESCRIPTION
 Acts punished:

a Unfair competition by selling his goods, giving them the general

appearance of the goods of another manufacturer or dealer

b Fraudulent designation of origin; false description by (a) affixing to his

goods or using in connection with his services a false designation of origin;
or any false description or representation, and (b) selling such goods or
services

c Fraudulent registration by procuring fraudulently from the patent

office the registration of t/m, t/m or service mark.

 ELEMENTS:

a That the offender gives his goods the general appearance of the goods
of another manufacturer or dealer

b That the general appearance is shown in the (a) goods themselves, or in

the (b) wrapping of their packages, or in the (c) device or words therein, or
in (d) any other feature of their appearance

c That the offender offers to sell or sells those goods or gives other
persons a chance or opportunity to do the same with a like purpose.

d That there is actual intent to deceive the public or defraud a

competitor.
Criminal Law Book 2 – Title Five
JAN 25

Posted by Magz
TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)
THE DANGEROUS DRUGS ACT OF 1972
(RA No. 6425, as amended)

I. Acts Punishable:
1. importation of prohibited drugs
2. sale, administration, delivery, distribution and transportation of prohibited
drugs
3. maintenance of a den, dive or resort for prohibited drug users
4. being employees or visitors of drug den
5. manufacture of prohibited drugs
6. possession or use
7. cultivation of plants
8. failure to comply with provisions relative to keeping of records of
prescription
9. unnecessary prescription
10. possession of opium pipe and other paraphernalia
11. Importation, sale, etc. of regulated drugs
 Importation of prohibited/regulated drugs.
 Sale, administration, delivery, distribution and transaction of
prohibited/regulated drugs.
Qualifying Circumstances – if the victim of the offense is a minor or should a
prohibited/regulated drug involve in any offense under this section be the
proximate cause of the death of a victim thereof, the maximum penalty
herein shall be imposed.
 Maintenance of a den, dive, or resort for prohibited/regulated drug users.
Qualifying Circumstance – where a prohibited/regulated drug is
administered, delivered, or sold to a minor who is allowed to use the same
in such place, or should a prohibited drug be the proximate cause of the
death of the person using the same in such den, dive or resort, the
maximum of the penalty shall be imposed.
 Manufacture of prohibited/regulated drugs.
  Possession of prohibited/regulated drugs.

· Cultivation of plants which are

sources of prohibited drugs.
a Note: The land/portions thereof and/or greenhouses in which any of the
said plants is cultivated or cultured shall be confiscated and escheated to
the State, unless the owner thereof can prove that he did not know of such
cultivation or culture despite the exercise of due diligence on his part.
b Qualifying Circumstance – if the land involved is part of the public
domain, the maximum of the penalty herein provided shall be imposed.

· Failure to keep records of

prescription, sales, purchases,
acquisitions and/or deliveries of
prohibited/regulated drugs
Persons liable:

Pharmacist, Physician, Dentist,

Veterinarian, Manufacturer,
Wholesaler, Importer, Distributor,
Dealer, Retailer
· Unlawful prescription of
prohibited/regulated drugs
· Unnecessary prescription of
prohibited/regulated drugs
Persons Liable: Physician or dentist who shall prescribe any
prohibited/regulated drug for any person whose physical/physiological
condition does not require the use of thereof.
· Possession of opium pipe,
equipment, apparatus or any
paraphernalia fit or intended for
smoking, consuming, administering,
injecting, ingesting, or otherwise
using opium or any other prohibited
drug, shall be prima facie evidence
that the possessor has smoked,
consumed, administered to himself,
injected or used a prohibited drug.
· Attempt and conspiracy to
commit the following offenses:
a Importation of dangerous drugs

b Sale, administration, delivery, distribution and transportation of

dangerous drugs

c Maintenance of a den, dive or resort for prohibited drugs

d Manufacture of dangerous drugs

e Cultivation or culture of plants which are sources of prohibited drugs

 Other persons liable:

a If the violation of the Act is committed by a partnership, corporation,

association or any judicial person, the partner, president, director, or
manager who consents to or knowingly tolerates such violation shall be held
criminally liable as co-principal.

b Partner, president, director, manager, officer or stockholder, who

knowingly authorizes, tolerates, or consents to the use of a vehicle, vessel,
or aircraft as an instrument in the importation, sale, delivery, distribution
or transportation of dangerous drugs, or to the use of their equipment,
machines or other instruments in the manufacture of any dangerous drugs, if
such vehicle, vessel, aircraft, equipment, or other instrument, is owned or
under the control and supervision of the partnership, corporation,
association or judicial entity to which they are affiliated.

c Government official, employee or officer who is found guilty of

“planting” any dangerous drugs in the person or in the immediate vicinity of
another as evidence to implicate the latter.

II. For the purpose of enforcing the provisions of this Act, all school
heads, supervisors and teachers shall be deemed to be persons in
authority and, as such, are vested with the power to apprehend, arrest,
or cause the apprehension or arrest of any person who shall violate any
of the said provision.
1. NOTE: They shall be considered as persons in authority id they are in the
school or within its immediate vicinity, or beyond such immediate vicinity of
they are in attendance in any school or class function in their official
capacity as school heads, supervisors or teachers.
2. Any teacher or school employee who discovers or finds that any person in
the school or within its immediate vicinity is violating this Act shall have the
duty to report the violation to the school head or supervisor who shall, in
turn, report the matter to the proper authorities. Failure to report in either
case shall, after hearing, constitute sufficient cause for disciplinary action.
(Sec. 28)
1. III. Rules:
1. Voluntary submission of a drug dependent to confinement, treatment and
rehabilitation by the drug dependent himself or through his parent, guardian
or relative within the 4th civil degree of consanguinity or affinity, in a center
and compliance with such conditions therefor as the Dangerous Drugs Board
may prescribe shall exempt from criminal liability for possession or use of the
prohibited/regulated drug.
2. Should the drug dependent escape from the center, he may submit himself
for confinement within 1 week from the date of his escape, of his parent
guardian or relative may, within the same period surrender him for
confinement.
3. Upon application of the Board, the Court shall issue an order for
recommitment if the drug dependent does not resubmit himself for
confinement or if he is not surrendered for recommitment.
4. If, subsequent to such recommitment, he should escape again, he shall no
longer be exempt from criminal liability for the use or possession of any
dangerous drug.
 5. If a person charged with an offense is found by the fiscal or by the Court at
any stage of the proceedings, to be a drug dependent, the fiscal or court as
the case may be, shall suspend all further proceedings and transmit records
of the case to the Board.
6. After his rehabilitation, he shall be prosecuted for such violation. In case of
conviction, the judgement shall, if the accused is certified by the treatment
and rehabilitation center to have maintained good behavior, indicate that he
shall be given full credit for the period he was confined in the center.
NOTE: When the offense is possession or use of dangerous drugs and the
accused is not a recidivist, the penalty thereof shall be deemed to have
been served in the center upon his release therefrom.
7. The period of prescription of the offense charged shall not run during the
time that the respondent/accused is under detention or confinement in a
center.
8. Requisites of suspension of sentence for first offense in a minor:
1. If accused is a minor (under 18 years of age at the time of the commission
of the offense but not more than 21 years of age when the judgement should
have been promulgated.
2. He has not been previously convicted of violating any provision of this Act or
of the RPC or placed on probation.
 Sentence shall be deferred and the accused shall be placed on probation
under the supervision of the Board.
 In case of violation of conditions of pardon, court shall pronounce
judgement of conviction and he shall serve sentence.
 If accused did not violate conditions of probation, case shall be dismissed
upon expiration of the designated period.
 Notes:

a Cultivation of plants – Sec 9 – land, portions of land, greenhouse on

which any of the plants is cultivated – confiscated and escheated to the
State. UNLESS: owner can prove that he had no knowledge of the cultivation
despite due diligence

b If land is part of the public domain – maximum penalty imposed

c Possession of opium pipe and other paraphernalia – prima facie

evidence that the possessor has smoked, consumed, administered himself,
used prohibited drugs

d Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000

to 10M apply when:

Opium 40 grams up
Morphine 40 grams up

Shabu 200 grams up

Heroin 40 grams up

Indian hemp 750 grams up

MJ resin 50 grams up

Cocaine 40 grams up

Other drugs Quantity far beyond therapeutic requirement

(if quantity is less than prescribed – penalty is PC to RP depending upon the

quantity)

e RA 7659 – PD 1619 – Possession and Use of Volatile Substances

1. mere attempt to sell, import – already a crime under Article 6

2. conspiracy to sell, deliver, import – already a crime under Article 8
f Buy Bust Operation – no law or rule to require policemen to adopt a
uniform way of identifying BUY MONEY (P v. Abedes)

g Absence of ultraviolet power is not fatal in the prosecution

h Transportation/importation of MJ – immaterial whether there may or

may not be a distinction for the MJ

i Distinguish Entrapment and Instigation:

1. If prosecution can prove the crime without presenting the informer or asset
– not necessary because their testimonies are merely corroborative. Poseur
buyer – it depends on whether the prosecution can prove the crime without
their testimonies (P v. Rosalinda Ramos)
2. Under the RA, special aggravating circumstance if a crime has been
committed while the accused was high on drugs (P v. Anthony Belgar)
3. Delivery or Sale of Prohibited Drugs – the accused must be aware that what
he is selling or delivering was prohibited drug. But the moment the fact of
sale or delivery is proved by prosecution, the burden to prove that the
accused is not aware that drugs are prohibited falls on the defense (P v.
Aranda)
4. P v. Angelito Manalo – burden of proving the authority to possess shabu is a
matter of defense
5. P v. Hilario Moscaling – court may take judicial notice of the word “shabu”
 6. Criminal liabilities of a policeman who sold the drugs confiscated from a
pusher: violation of RA 6425 and malversation under RPC.

j Planting evidence – to implicate another

k Buy Bust Operation – form of entrapment (P v. Alberto) – not necessary

to have prior police surveillance (P v. Carlos Franca)
l Possession – constructive or actual – not necessary to adduce the
marked money as evidence (P v. Romeo Macara)

m Separate crimes – sale/possession of MT found in his possession after he

was frisked but he can’t be convicted for possession of MJ that he sold

n If victim is minor or drug is proximate cause of death – max penalty is

imposed under Sec 4, 5, 15, 15-a

1. If imposable penalty: RP to death – no plea bargaining

2. If offender: government official, employees, officers or found guilty of
planting evidences – same penalty
3. First offense of a minor – suspension of sentence
 under 18 at time of commission but not more than 21 at time when
judgment was promulgated
 found guilty of possession or use of prohibited or regulated drugs
 not been previously convicted of violating any provision of this Act or the
RPC
 not been placed on probation
 defer sentence, place on probation for 6 months to 1 year
 violation of probation – pronounce sentence – convict and serve sentence
 no violation – discharge him and dismiss the proceeding
 if minor is drug dependent – commit to a center for treatment and
rehabilitation

Criminal Law Book 2 – Title Six

JAN 25

Posted by Magz
TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS
GAMBLING (195-99 repealed by PDs 449, 483 and 1602 as amended)
1. Illegal cockfighting (PD 449)
2. Betting, game-fixing or point shaving and machinations in sports contests
(PD 438)
3. Illegal gambling

PENALIZING BETTING, GAME-FIXING OR POINT-SHAVING AND

MACHINATIONS IN SPORTS CONTESTS
PD 483
 Acts Punishable:
1. Betting: Betting money or any object or article of value of representative
value upon the result of any game, races and other sports contests.
2. Game-fixing: any arrangement, combination, scheme or agreement by
which the result of any game, races, or sports contests shall be predicated
and/or known other than on the basis of the honest playing skill or ability of
the players or participants.
3. Point-shaving: any such arrangement combination, scheme or agreement by
which the skill or ability of any player or participant in a fame, races, or
sports contests to make points of scores shall be limited deliberately in order
to influence the result thereof in favor of one or other team, player or
participant.
4. Game Machination: any other fraudulent, deceitful, unfair or dishonest
means, method, manner or practice employed for the purpose of influencing
the result of any game, races or sports contest.

COCKFIGHTING LAW OF 1974

PD 449
1. Scope – This law shall govern the establishment, operation, maintenance
and ownership of cockpits.
2. Rules:
1. Only Filipino citizens not otherwise inhibited by existing laws shall be
allowed to own, manage and operated cockpits.
2. Only one cockpit shall be allowed in each city or municipality with a
population of 100,000 or less.
3. Cockpits shall be constructed and operated within the appropriate
areas as prescribed in the Zoning Law or ordinance.
4. When allowed:
 1. Cockfighting shall be allowed only in licensed cockpits during
Sundays and legal holidays and during local fiestas for not more
than 3 days; or
2. During provincial, city or municipal, agricultural, commercial
or industrial fair, carnival or exposition for a similar period of 3
days upon resolution of the province, city or municipality where
such fair, carnival or exposition is to be held, subject to the
approval of the Chief of Constabulary or his authorized
representative.
Limitations:

a) No cockfighting on the occasion of such fair, carnival or exposition shall

be allowed within the month of the local fiesta or for more than 2 occasions
a year in the same city of municipality.

b) No cockfighting shall be held on December 30, June 12,November 30,

Holy Thursday, Good Friday, Election Day and during registration days for
such election/referendum.

1. If the purpose is for the entertainment of foreign dignitaries or for tourists,

or for returning balikbayans, or for the support of national fund-raising
campaigns for charitable purposes as may be authorized by the Office of the
President upon resolution of a provincial board, city or municipal council, in
licensed cockpits or in playgrounds or parks.

Limitations: This privilege shall be extended for only one time, for a period
not exceeding 3 days, within a year to a province, city or municipality.

1. No gambling of any kind shall be permitted on the premises of the cockpit

or place of cockfighting during cockfights.
2. City or municipal mayors are authorized to issue licenses for the operation
and maintenance of cockpits.

II. OFFENSES AGAINST DECENCY AND

GOOD CUSTOMS
Article 200
 ELEMENTS OF GRAVE SCANDAL:
1. Offender performs an act
2. Act is highly scandalous as offending against decency or good customs
3. Highly scandalous conduct does not expressly fall within any other article of
the RPC
4. Committed in a public place or within the public knowledge or view. (The
public view is not required, it is sufficient if in public place. For public
 knowledge, it may occur even in a private place; the number of people who
sees it is not material).
 Grave scandal: consists of acts which are offensive to decency and good
customs. They are committed publicly and thus, give rise to public scandal to
persons who have accidentally witnessed the acts
 Decency: means properly observing the requirements of modesty, good
taste etc
 Customs: refers to established usage, social conventions carried on by
tradition and enforced by social disapproval in case of violation
 If the acts complained of are punishable under another provision of the RPC,
Art 200 is not applicable
 The essence of grave scandal is publicity and that the acts committed are
not only contrary to morals and good customs but must likewise be of such
character as to cause public scandal to those witnessing it.

Article 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:
 Persons liable:
1. Those who publicly expound or proclaim doctrines that are contrary to
public morals
2. Authors of obscene literature, published with their knowledge in any form
3. Editors publishing such obscene literature
4. Owners or operators of establishments selling obscene literature
5. Those who exhibit indecent or immoral plays, scenes, acts or shows ion
theaters, fairs, cinemas or any other place
6. Those who sell, distribute, or exhibit prints, engraving, sculptures or
literature which are offensive to morals
 Morals: implies conformity to generally accepted standards of goodness or
rightness in conduct or character
 Test of obscenity: whether the matter has a tendency to deprave or corrupt
the minds of those who are open to immoral influences. A matter can also be
considered obscene if it shocks the ordinary and common sense of men as
indecency.
 However, Art 201 enumerates what are considered as obscene literature or
immoral or indecent plays, scenes or acts:
 Mere nudity in paintings and pictures is not obscene
 Pictures w/ a slight degree of obscenity having no artistic value and
intended for commercial purposes fall within this article
 Publicity is an essential element
1. those w/c glorify criminals or condone crimes
 2. those w/c serve no other purpose but to satisfy the market for violence, lust
or pornography
3. those w/c offend against any race or religion
4. those w/c tend to abet the traffic in and the use of prohibited drugs
5. those that are contrary to law, public order, morals, good customs,
established policies, lawful orders, decrees and edicts

Article 202
VAGRANTS AND PROSTITUTES:
 Who are considered vagrants:
1. Those who have no apparent means of subsistence and who have the
physical ability to work yet neglect to apply themselves to some useful
calling
2. Persons found loitering around public and semi-public places without visible
means of support
3. Persons tramping or wandering around the country or the streets with no
visible means of support
4. Idle or dissolute persons lodging in houses of ill-fame
5. Ruffians or pimps and those who habitually associate with prostitutes (may
include even the rich)
6. Persons found loitering in inhabited or uninhabited places belonging to others, without any
lawful or justifiable reason provided the act does not fall within any other article of the RPC
If fenced and with prohibition of entry Trespass to dwelling

If fenced and entered to hunt/fish Attempted theft

If not fenced and with no prohibition of entry Vagrancy

 Who are considered prostitutes – refer to women who habitually indulge in

sexual intercourse or lascivious conduct for money or profit (if a man
indulges in the same conduct: vagrancy)

Criminal Law Book 2 –

Title Seven
JAN 25

Posted by Magz
TITLE SEVEN
 CRIMES COMMITTED BY PUBLIC
OFFICERS
Article 203
 WHO ARE PUBLIC OFFICERS:
1. Takes part in the performance of public functions in the Government, or
2. Performs public duties as an employee, agent or subordinate official in the
gov’t or any of its branches
 Notes:
1. Public officer must derive his authority from:
2. direct provision of law
3. popular election
4. appointment by competent authority
5. Public officers: embraces every public servant from the lowest to the
highest rank
6. A government laborer is not a public officer. However, temporary
performance by a laborer of public functions makes him a public officer
7. Misfeasance: means improper performance of an act which might be
properly be performed
8. Malfeasance: means performance of an act which ought not to be done
9. Nonfeasance: means omission of an act which ought to be done

MALFEASANCE AND MISFEASANCE IN OFFICE

Malfeasance Doing of an act which a public officer should not have done

Misfeasance Improper doing of an act which a person might lawfully do

Nonfeasance Failure of an agent to perform his undertaking for the principal

 ELEMENTS OF KNOWINGLY RENDERING AN UNJUST JUDGMENT:

1. Offender is a judge
2. Renders a judgment in the case submitted to him for judgment
3. Judgment is unjust
4. Knowledge that the decision is unjust
 Notes:
1. Judgment: is a final consideration and determination by a court of
competent jurisdiction of the issues submitted to it in an action or
proceeding
2. Unjust judgment: one which is contrary to law, or not supported by the
evidence, or both
 3. An unjust judgment may result from:
4. error (with bad faith)
5. ill-will or revenge
6. bribery
1. There must be evidence that the decision rendered is unjust. It is not
presumed
2. Abuse of discretion or mere error of judgment cannot likewise serve
as basis for rendering an unjust judgment in the absence of proof or
even an allegation of bad faith (motive or improper consideration).

Article 205
 ELEMENTS OF JUDGMENT RENDERED THROUGH NEGLIGENCE:
1. Offender is a judge
2. Renders a judgment in a case submitted to him for decision
3. Judgment is manifestly unjust
4. Due to inexcusable negligence or ignorance
 Manifestly unjust judgment: one that is so contrary to law that even a
person having meager knowledge of the law cannot doubt the injustice

Article 206
 ELEMENTS OF UNJUST INTERLOCUTORY ORDER:
1. That the offender is a judge.
2. That he performs any of the following acts:
1. knowingly renders unjust interlocutory order or decree, or
2. renders a manifestly unjust interlocutory order or decree through
inexcusable negligence or ignorance.
 Interlocutory order: one issued by the court deciding a collateral or
incidental matter. It is not a final determination of the issues of the action or
proceeding

Article 207
 ELEMENTS OF MALICIOUS DELAY IN THE ADMINISTRATION OR JUSTICE:
1. That the offender is a judge.
2. That there is a proceeding in his court.
3. That he delays the administration of justice.
4. That the delay is malicious, that is, the delay is caused by the judge with
deliberate intent to inflict damage on either party in the case.
 Mere delay without malice is not punishable
Article 208
 ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES:
1. That the offender is a public officer or officer of the law who has a duty to
cause the prosecution of, or to prosecute offenses.
2. That there is dereliction of the duties of his office, that is, knowing the
commission of the crime, he does not cause (a) the prosecution of the
criminal (People vs. Rosales, G.R. no. 42648) or (b) knowing that a crime is
about to be committed he tolerates its commission (if gift/promise is a
consideration for his conduct: direct bribery)
3. That the offender acts with malice and deliberate intent to favor the
violator of the law.
 PREVARICACION: negligence and tolerance in the prosecution of an offense
 There must be a duty on the part of the public officer to prosecute or move
for the prosecution of the offender. Note however, that a fiscal is under no
compulsion to file an information based upon a complaint if he is not
convinced that the evidence before him does not warrant filing an action in
court
 The crime must be proved first before an officer can be convicted of
dereliction of duty
 A public officer who harbors, conceals, or assists in the escape of an
offender, when it is his duty to prosecute him is liable as principal in the
crime of dereliction of duty in the prosecution of offenses. He is not an
accessory
 Article not applicable to revenue officers

Article 209
 ELEMENTS OF BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR (NOT
NECESSARILY A PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS OF
THE COURT):
1. Causing damage to client (prejudice is essential) either
1. by any malicious breach of professional duty, or
2. by inexcusable negligence or ignorance.
3. Revealing any of the secrets of his client learned by him in his
professional capacity (damage not necessary)
4. Undertaking the defense of the opposing party of the 1st client and/or
having received confidential information from the latter and without
the latter’s consent (damage not necessary)
Article 210
 ELEMENTS OF DIRECT BRIBERY:
1. That the offender be a public officer within the scope of Art 203
2. That the offender accepts an offer or promise or receives a gift or present
by himself or through another
3. That such offer or promise be accepted or gift/present received by the
public officer (mere agreement consummates the crime)
1. with a view to committing some crime (delivery of consideration is
not necessary) or
2. in consideration of an execution if an act which does not constitute a
crime, but the act must be unjust (delivery of consideration is
necessary), or
3. to refrain from doing something which is his official duty to do
4. That the act which the offender agrees to perform or which he
executes be connected with the performance of his official duties
 For purposes of this article, temporary performance of public functions is
sufficient to constitute a person a public officer. A private person may
commit this crime only in the case in which custody of prisoners is entrusted
to him
 Applicable also to assessors, arbitrators, appraisal and claim commissioners,
experts or any other person performing public duties
 Cannot be frustrated, only attempted or consummated.
 Bribery exists when the gift is:
 Actual receipt of the gift is not necessary. 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
 The gift must have a value or capable of pecuniary estimation. It could be in
the form of money, property or services
 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 type of bribery and prevaricacion (art 208) are similar offenses,
both consisting of omissions to do 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
1. voluntarily offered by a private person
2. solicited by the public officer and voluntarily delivered by the private
person
3. solicited by the public officer but the private person delivers it out of fear of the consequences
should the public officer perform his functions (here the crime by giver is not corruption of public
officials due to involuntariness).

Bribery (210) Robbery (294)

When the victim has committed a crime When the victim did not commit a crime and he is
and gives money/gif to avoid arrest or intimidated with arrest and/or prosecution to deprive
prosecution. him of his personal property.

Victim parts with his money or property Victim is deprived of his money or property by force or
voluntarily. intimidation.

ANTI-GRAFT AND CORRUPT PRACTICES ACT

RA 3019
 Persons Liable:
1. Any public officer who shall perform any of the following acts:
2. Any person having family or close personal relation with any public official
who shall capitalize or exploit or take advantage of such family or close
personal relation by directly or indirectly requesting or receiving any
present, gift, or material, or pecuniary advantage from any person having
some business, transaction, application, request, or contact with the
government in which such public official has to intervene (Sec. 4)
3. Any person who shall knowingly induce or cause any public official to
commit any of the offenses under (A). (Sec. 4)
4. Spouse or any relative, by consanguinity or affinity, within the 3 rd civil
degree, of the president of the Philippines, the vice-president, the president
of the Senate, or speaker of the house of Representatives, who shall
intervene, directly or indirectly, in any business transaction, contract or
application with the gov’t (Sec. 5).
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 allowing himself to be persuaded, induced, or influenced to
commit such violation or offense.
2. 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.
3. 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 of capacity, has secured or obtained,
or will secure or obtain, any Government permit or license, in consideration
for the held given or to be given.
4. 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.
 5. 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 function 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.
6. 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 of giving undue advantage in
favor of or discriminating against any other interested party.
7. 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.
8. Directly or indirectly having financial or pecuniary interest in any business,
contract or transaction in connection with which he intervenes or take part
in his official capacity, or in which he is prohibited by the constitution or by
any law from having any interest.
9. 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.
10. 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.
11. 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.
This prohibition shall not apply to:
1. Any person who, prior to the assumption of office of any of the above
officials to whom he is related, has been already dealing with the gov’t along
the same line of business;
2. Any transaction, contract or application already existing or pending at the
time of such assumption of public office;
3. Any application filed by him, the approval of which is not discretionary on
the part of the official(s) concerned but depends upon compliance with
requisites provided by law, or rules or regulations issued pursuant to law;
4. Any act lawfully performed an official capacity or in the exercise of a
profession.
 5. Any member of congress, during the term for which he has been elected,
who shall acquire or receive any personal pecuniary interest in any specific
business enterprise which shall be directly and particularly favored or
benefited by any law or resolution authored by him previously approved or
adopted by Congress during his term.
6. Any public officer who shall fail to file a true, detailed and sworn statement
of assets and liabilities within 30 days after assuming office and thereafter
on or before the 15th day of April following the close of every calendar year,
as well as upon the expiration of his term of office, or upon his resignation or
separation from office (Sec. 7).

II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)

 If a public official has been found to have acquired during his incumbency,
whether in his name or in the name of other persons, an amount of property
and/or money manifestly out of proportion to his salary and to his other
lawful income.
 Properties in the name of the spouse and dependents of such public official
may be taken into consideration, when their acquisition through legitimate
means cannot be satisfactorily shown.
 Bank deposits in the name of or manifestly excessive expenditures incurred
by the public official, his spouse or any of their dependents including but not
limited to activities in any club or association or any ostentatious display of
wealth including frequent travel abroad of a non-official character by any
public official when such activities entail expenses evidently out of
proportion to legitimate income.

III. Competent court: All prosecutions under this Act shall be within the
original jurisdiction of the

Sandiganbayan (Sec. 10).

IV. Prescription of offenses: all offenses punishable under this Act shall
prescribe in 15 years (Sec. 11).

V. Exceptions: Unsolicited gifts or presents of small or insignificant value

offered or given as a mere ordinary token of gratitude of friendship
according to local customs or usage, shall be excepted from the provisions
of this act (Sec. 14).
Article 211
 ELEMENTS OF INDIRECT BRIBERY:
1. That the offender is a public officer.
2. That he accepts gifts.
 3. That the said gifts are offered to him by reason of his office.
 The gift is given in anticipation of future favor from the public officer
 There must be clear intention on the part of the public officer to take the
gift offered and 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
 There is no attempted or frustrated indirect bribery
 The principal distinction between direct and indirect bribery is that in the
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
 Public officers receiving gifts and private persons giving gifts on any
occasion, including Christmas are liable under PD 46.
 The criminal penalty or imprisonment is distinct from the administrative
penalty of suspension from the service

Article 211-A
 ELEMENTS OF QUALIFIED BRIBERY
1. Public officer entrusted with law enforcement
2. Refrains from arresting/prosecuting offender for crime punishable
by reclusion perpetua and/or death
3. (if lower penalty than stated above, the crime is direct bribery)
4. In consideration of any offer, promise or gift

Article 212
 ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS:
1. That the offender makes offers or promises or gives gifts or present to a
public officer.
2. That 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
 Under PD 749, givers of bribes and other gifts as well as accomplices in
bribery and other graft cases are immune from prosecution under the
following circumstances:
1. information refers to consummated violations
2. necessity of the information or testimony
3. the information and testimony are not yet in the possession of the State
 4. information and testimony can be corroborated on its material points
5. informant has been previously convicted of a crime involving moral
turpitude
 See the Anti-graft and Corrupt Practices Act

II. FRAUDS AND ILLEGAL EXACTIONS

AND TRANSACTIONS
Article 213
 ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: (par. 1)
1. That the offender be a public officer.
2. That he should have taken advantage of his office, that is, he intervened in
the transaction in his official capacity.
3. That he entered into an agreement with any interested party or speculator
or made use of any other scheme with regard to (a) furnishing supplies (b)
the making of contracts, or (c) the adjustment or settlement of account
relating to a public property or funds.
4. That the accused had intent to defraud the government.
 Notes:
1. The public officer must act in his official capacity
2. The felony is consummated by merely entering into an agreement with any
interested party or speculator or by merely making use of any scheme to
defraud the Government
 ELEMENTS OF ILLEGAL EXACTIONS:
1. The offender is a public officer entrusted with the collection of taxes,
licenses, fees and other imposts.
2. He is guilty of any of the following acts or omissions:
1. demanding, directly or indirectly the payment of sums different from
or larger than those authorized by law, or
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 objects of a nature different from that provided by
law.
 Notes:
1. Mere demand of a larger or different amount is sufficient to consummate
the crime. The essence is the improper collection (damage to gov’t is not
required)
2. 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
 3. When there is deceit in demanding larger fees, the crime committed is
estafa
4. May be complexed with malversation
5. Officers and employees of the BIR or Customs are not covered by the article
6. The NIRC of Administrative Code is the applicable law

Article 214
 ELEMENTS OF OTHER FRAUDS:
1. That the offender is a public officer.
2. That he takes advantage of his official position.
3. That he commits any of the frauds or deceits enumerated in art. 315 and
316. (estafa; swindling)
 Note: RTC has jurisdiction over the offense because the principal penalty is
disqualification

Article 215
 ELEMENTS OF PROHIBITED TRANSACTIONS:
1. That the offender is an appointive public officer.
2. That he becomes interested, directly or indirectly, in any transaction of
exchange or speculation.
3. That the transaction takes place within the territory subject to his
jurisdiction.
4. That he becomes interested in the transaction during his incumbency.
 Notes:
1. 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
2. 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

Article 216
POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER :
 Who are liable:
1. Public officer – in any contract or business in which it is his official duty to
intervene.
 2. Experts, arbitrators and private accountants – in any contract or transaction
connected with the estate or property in the approval, distribution or
adjudication of which they had acted.
3. Guardians and executors – with respect to property belonging to their wards
or the estate.
 Notes:
1. Actual fraud is not necessary.
2. Act is punished because of the possibility that fraud may be committed or
that the officer may place his own interest above that of the Government or
party which he represents

AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER

RA 7080
1. Definition of Ill-gotten wealth:

Any asset, property, business enterprise or material possession of any person

acquired by him directly or indirectly through dummies, nominees, agents,
subordinates, and/or business associates by any combination or series of the
following means or similar schemes:

1. Through misappropriation, conversion, misuse or malversation of public

funds or raids on the public treasury.
2. By receiving, directly or indirectly, any commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any person and/or
entity in connection with any government contract or project or by reason of
the office or position of the public officer concerned;
3. By the illegal or fraudulent conveyance or disposition of assets belonging to
the National Government or any of its subdivisions, agencies or
instrumentalities or government-owned or controlled corporations and their
subsidiaries;
4. By obtaining, receiving or accepting, directly or indirectly, any shares of
stock, equity or any other form of interest or participation, including the
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;
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 or prejudice of the Filipino people and the
Republic of the Philippines.
 1. Persons Liable:
1. Any public officer who, by himself or in connivance with members of
his family, relatives by affinity or consanguinity, business associates and
subordinates or other persons, amasses, accumulates, or acquires ill-
gotten wealth through a combination or series of overt or criminal acts
as described under (I) in the aggregate amount or total value of at least
50 million pesos, shall be guilty of the crime of plunder (as amended by
RA 7659).
2. Any person who participated with the said public officer in the
commission of plunder.
1. Jurisdiction: All prosecutions under this At shall be within the original
jurisdiction of the Sandiganbayan.
1. 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 accused in furtherance of
the scheme and 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.

1. Prescription of Crime:

The crime of plunder shall prescribe in 20 years. However, the right of the
State to recover properties unlawfully acquired by public officers from them
or from their nominees or transferees shall not be barred by prescription,
laches or estoppel.

III. MALVERSATION OF PUBLIC FUNDS

OR PROPERTY
Article 217
 ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR
PROPERTY :
1. That the offender be a public officer (or private person if entrusted with
public funds or connived with public officers)
2. That he had the custody or control of funds or property (if not accountable
for the funds, theft or qualified theft)
3. That those funds or property were public funds or property (even if private
funds if attached, seized, deposited or commingled with public funds)
4. That he:
1. Appropriated the funds or property
2. Took or misappropriated them
3. Consented or, through abandonment or negligence, permitted any
other person to take such public funds or property. (it is not necessary
that the offender profited thereby. His being remiss in the duty of
safekeeping public funds violates the trust reposed)
 Malversation is otherwise called embezzlement
 It can be committed either with malice or through negligence or
imprudence
 In determining whether the offender is a public officer, what is controlling
is the nature of his office and not the designation
 The funds or property must be received in an official capacity. Otherwise,
the crime committed is estafa
 When a public officer has official custody or the duty to collect or receive
funds due the government, or the obligation to account for them, his
misappropriation of the same constitutes malversation
 A public officer who has qualified charge of gov’t property without authority
to part with its physical possession upon order of an immediate superior, he
cannot be held liable under this article
 Private individuals can also be held liable for malversation under 2
circumstances:
1. when they are in conspiracy with public officers; and
2. when they have charge of national, provincial or municipal funds, revenues
or property in any capacity
 In malversation through negligence, the negligence of the accountable
public officer must be positively and clearly shown to be inexcusable,
approximating fraud or malice
 The measure of negligence to be observed is the standard of care
commensurate with the occasion
 When malversation is not committed through negligence, lack of criminal
intent or good faith is a defense
 The failure of a public officer to have any duly forthcoming public funds or
property upon demand, by any authorized officer, shall be prima facie
evidence that he has put such missing funds or property to personal use.
However, if at the very moment when the shortage is discovered, the
accountable officer is notified, and he immediately pays the amount from his
pocket, the presumption does not arise
 Returning the embezzled funds is not exempting, it is only mitigating
  There is also no malversation when the accountable officer is obliged to go
out of his office and borrow the amount corresponding to the shortage and
later, the missing amount is found in an unaccustomed place
 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

Malversation (217) Estafa with Abuse of Confidence (315)

Funds or property usually public Funds/property are always private

Offender is a private individual or even a public

Offender is usually a public officer who is officer who is not accountable for public
accountable for the public funds/property funds/property

Crime is committed by approaching, taking,

or misappropriating/consenting, or through
abandonment or negligence, permitting any Crime is committed by misappropriating,
other person to take the public converting, or denying having received money,
funds/property goods or other personal property

Article 218
 ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS
:
1. That the offender is a public officer, whether in the service or separated
therefrom.
2. That he must be an accountable officer for public funds property.
3. That he is required by law or regulation to render accounts to the
commission on audit, or to a provincial auditor.
4. That he fails to do so for a period of two months after such accounts should
be rendered.
 Note: Demand and misappropriation are not necessary

Article 219
 ELEMENTS OF FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER
ACCOUNTS BEFORE LEAVING THE COUNTRY :
1. That the offender is a public officer.
2. That he must be an accountable officer for public funds or property.
3. That he must have unlawfully left (or be on the point of leaving) the
Philippines without securing from the Commission on Audit a certificate
showing that his accounts have been finally settled.
  Note: The act of leaving the Philippines must be unauthorized or not
permitted by law

Article 220
 ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical
malversation):
1. That the offender is a public officer.
2. That there is public fund or property under his administration.
3. That such public fund or property has been appropriated by law or
ordinance (without this, it is simple malversation even if applied to other
public purpose).
4. That he applies the same to a public use other than for which such fund or
property has been appropriated by law or ordinance.
 To distinguish this article with Art 217, just remember that in illegal use of
public funds or property, the offender does not derive any personal gain, the
funds are merely devoted to some other public use
 Absence of damage is only a mitigating circumstance

Article 221
 ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR
PROPERTY
1. Offender has gov’t funds or property in his possession
2. He is under obligation to either:
1. make payment from such funds
2. to deliver property in his custody or administration when ordered by
competent authority
3. He maliciously fails or refuses to do so
 Note: Penalty is based on value of funds/property to be delivered

Article 222
 PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221
1. Private individual who, in any capacity, have charge of any national,
provincial or municipal funds, revenue, or property
2. Administrator or depositary of funds or property that has been attached,
seized or deposited by public authority, even if owned by a private individual
 Sheriffs and receivers fall under the term “administrator”
  A judicial administrator in charge of settling the estate of the deceased is
not covered by the article

IV. INFIDELITY OF PUBLIC OFFICERS

Article 223
 ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION
1. That the offender is a public officer (on duty).
2. That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment.
3. That such prisoner escaped from his custody
4. That he was in connivance with the prisoner in the latter’s escape
 Detention prisoner: refers to a person in legal custody, arrested for and
charged with some crime or public offense
 The release of a detention prisoner who could not be delivered to judicial
authorities within the time fixed by law is not infidelity in the custody of a
prisoner. Neither is mere leniency or laxity in the performance of duty
constitutive of infidelity
 There is real and actual evasion of service of sentence when the custodian
permits the prisoner to obtain a relaxation of his imprisonment

Article 224
 ELEMENTS OF EVASION THROUGH NEGLIGENCE:
1. That the offender is a public officer.
2. That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment.
3. That such prisoner escapes through his negligence.
4. Penalty based on nature of imprisonment
 The article punishes a definite laxity which amounts to deliberate non-
performance of a duty
 The fact that the public officer recaptured the prisoner who had escaped
from his custody does not afford complete exculpation
 The liability of an escaping prisoner:
1. if he is a prisoner by final judgment, he is liable for evasion of service (art
157)
2. if he is a detention prisoner, he does not incur criminal liability (unless
cooperating with the offender).
Article 225
 ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A PERSON
NOT A PUBLIC OFFICER :
1. That the offender is a private person (note: must be on duty)
2. That the conveyance or custody of a prisoner or person under arrest is
confined to him.
3. That the prisoner or person under arrest escapes.
4. That the offender consents to the escape of the prisoner or person under
arrest, or that the escape takes place through his negligence
 Note: This article is not applicable if a private person made the arrest and
he consented to the escape of the person he arrested

Article 226
 ELEMENTS OF REMOVAL, CONCEALMENT, OR DESTRUCTION OF
DOCUMENTS Infidelity in custody of documents:
1. That the offender be a public officer.
2. That he abstracts, destroys or conceals a document or papers.
3. That the said document or paper should have been entrusted to such public
officer by reason of his office.
4. That damage, whether serious or not, to a third party or to the public
interest should have been caused.
 The document must be complete and one by which a right could be
established or an obligation could be extinguished
 Books, periodicals, pamphlets etc are not documents
 “Papers” would include checks, promissory notes and paper money
 A post office official who retained the mail without forwarding the letters
to their destination is guilty of infidelity in the custody of papers
 Removal of a document or paper must be for an illicit purpose. There is
illicit purpose when the intention of the offender is to:
1. tamper with it
2. to profit by it
3. to commit any act constituting a breech of trust in the official thereof
 Removal is consummated upon removal or secreting away of the document
from its usual place. It is immaterial whether or not the illicit purpose of the
offender has been accomplished
 Infidelity in the custody of documents through destruction or concealment
does not require proof of an illicit purpose
 Delivering the document to the wrong party is infidelity in the custody
thereof
  The damage may either be great or small
 The offender must be in custody of such documents

Article 227
 ELEMENTS OF OFFICER BREAKING SEAL :
1. That the offender is a public officer.
2. That he is charged with the custody of papers or property.
3. That these papers or property are sealed by proper authority.
4. That he breaks the seals or permits them to be broken.
 It is the breaking of the seals and not the opening of a closed envelope
which is punished
 Damage or intent to cause damage is not necessary; damage is presumed

Article 228
 ELEMENTS OF OPENING OF CLOSED DOCUMENTS:
1. That the offender is a public officer.
2. That any closed papers, documents, or objects are entrusted to his custody.
3. That he opens or permits to be opened said closed papers, documents or
objects.
4. That he does not have proper authority.
 Note: Damage also not necessary

Article 229
REVELATION OF SECRET BY AN OFFICER:
 ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY
1. That the offender is a public officer.
2. That he knows of a secret by reason of his official capacity.
3. That he reveals such secret without authority or justifiable reasons.
4. That damage, great or small, be caused to the public interest.
5. (damage is essential)
 Notes:
1. Secret must affect public interest
2. Secrets of a private individual is not included
3. Espionage for the benefit of another State is not contemplated by the
article. If regarding military secrets or secrets affecting state security, the
crime may be espionage.
  ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY PAPERS OR COPIES OF
PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE
PUBLISHED:
1. That the offender is a public officer.
2. That he has charge of papers.
3. That those papers should not be published.
4. That he delivers those papers or copies thereof to a third person.
5. That the delivery is wrongful.
6. That damage be caused to public interest.
 Notes:
1. “Charge”: means custody or control. If he is merely entrusted with the
papers and not with the custody thereof, he is not liable under this article
2. If the papers contain secrets which should not be published, and the public
officer having charge thereof removes and delivers them wrongfully to a
third person, the crime is revelation of secrets. On the other hand, if the
papers do not contain secrets, their removal for an illicit purpose is infidelity
in the custody of documents
3. Damage is essential to the act committed

Article 230
 ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE
INDIVIDUAL:
1. That the offender is a public officer
2. That he knows of the secret of a private individual by reason of his office.
3. That he reveals such secrets without authority or justification reason.
 Revelation to one person is sufficient
 If the offender is an attorney, he is properly liable under Art 209 (betrayal
of trust by an attorney)
 Damage to private individual is not necessary

V. OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC
OFFICERS

Article 231
 ELEMENTS OF OPEN DISOBEDIENCE:
 1. That the offender is a judicial or executive officer.
2. That there is a judgment, decision or order of superior authority.
3. That such judgment, decision or order was made within the scope of the
jurisdiction of the superior authority and issued with all the legal formalities.
4. that the offender without any legal justification openly refuses to execute
the said judgment, decision or under which he is duty bound to obey.
 Note: Judgment should have been rendered in a hearing and issued within
proper jurisdiction with all legal solemnities required

Article 232
 ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID
ORDER WAS SUSPENDED BY INFERIOR OFFICER:
1. That the offender is a public officer.
2. That an order is issued by his superior for execution.
3. That he has for any reason suspended the execution of such order.
4. That his superior disapproves the suspension of the execution of the order.
5. That the offender disobeys his superior despite the disapproval of the
suspension.
 Note: A public officer is not liable if the order of the superior is illegal

Article 233
 ELEMENTS OF REFUSAL OF ASSISTANCE:
1. That the offender is a public officer.
2. That a competent authority demands from the offender that he lend his
cooperation towards the administration of justice or other public service.
3. That the offender fails to do so maliciously.
 Involves a request from one public officer to another
 Damage to the public interest or third party is essential
 Demand is necessary

Article 234
 ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE:
1. That the offender is elected by popular election to a public office.
2. That he refuses to be sworn in or discharge the duties of said office.
3. That there is no legal motive for such refusal to be sworn in or to discharge
the duties of said office.
 Note: Even if the person did not run for the office on his own will as the
Constitution provides that every citizen may be required to render service
Article 235
 ELEMENTS OF MALTREATMENT OF PRISONERS:
1. That the offender is a public officer or employee.
2. That he has under charge a prisoner or detention prisoner (otherwise the
crime is physical injuries)
3. That he maltreats such prisoner in either of the following manners:
1. by overdoing himself in the correction or handling of a prisoner or
detention prisoner under his charge either –
 by the imposition of punishments not authorized by the regulations, or
 by inflicting such punishments (those authorized) in a cruel and humiliating
manner, or
1. by maltreating such prisoner to extort a confession or to obtain some
information from the prisoner.
 The public officer must have actual charge of the prisoner in order to be
held liable
 To be considered a detention prisoner, the person arrested must be placed
in jail even for just a short while
 Offender may also be held liable for physical injuries or damage caused

Article 236
 ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC OFFICE:
1. That the offender is entitled to hold a public office or employment, either
by election or appointment.
2. That the law requires that he should first be sworn in and/or should first
give a bond.
3. That he assumes the performance of the duties and powers of such office.
4. That he has not taken his oath of office and./or given the bond required by
law.

Article 237
 ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS:
1. That the offender is holding a public office.
2. That the period provided by law, regulations or special provisions for
holding such office has already expired.
3. That he continues to exercise the duties and powers of such office.
 Note: The article contemplates officers who have been suspended,
separated or declared over-aged or dismissed

Article 238
 ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION :
 1. That the offender is a public officer.
2. That he formally resigns from his position.
3. That his resignation has not yet been accepted.
4. That he abandons his office to the detriment of the public service.
 There must be formal or written resignation
 The offense is qualified if the purpose behind the abandonment is to evade
the discharge of duties consisting of preventing, prosecuting or punishing any
of the crimes against national security. The penalty is higher. This involves
the following crimes:
1. treason
2. conspiracy and proposal to commit conspiracy
3. misprision of treason
4. espionage
5. inciting to war or giving motives to reprisals
6. violation of neutrality
7. correspondence with hostile country
8. flight to enemy country
9. piracy and mutiny on the high seas
10. rebellion
11. conspiracy and proposal to commit rebellion
12. disloyalty to public officers
13. inciting to rebellion
14. sedition
15. conspiracy to commit sedition
16. inciting to sedition

Abandonment of Office or
Position (238) Dereliction of Duty (208)
There is actual abandonment through
resignation to evade the discharge of Public officer does not abandon his office but
duties. merely fails to prosecute a violation of the law.

Article 239
 ELEMENTS OF USURPATION OF LEGISLATIVE POWERS:
1. That the offender is an executive or judicial officer.
2. That he (a.) makes general rules or regulations beyond the scope of his
authority or (b.) attempts to repeal a law or (c.) suspends the execution
thereof.

Article 240
  ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS:
1. That the offender is a judge.
2. That he (a.) assumes a power pertaining to the executive authorities, or (b.)
obstructs executive authorities in the lawful exercise of their powers.
 Note: Legislative officers are not liable for usurpation of executive functions

Article 241
 ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS:
1. That the offender is an officer of the executive branch of the government.
2. That he (a.) assumes judicial powers, or (b.) obstruct the execution of any
order decision rendered by any judge within his jurisdiction.
 Note: A mayor is guilty under this article when he investigates a case while
a justice of the peace is in the municipality

Article 242
 ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION:
1. That the offender is a public officer.
2. That a proceeding is pending before such public officer.
3. That there is a question brought before the proper authority regarding his
jurisdiction, which is not yet decided.
4. That he has been lawfully required to refrain from continuing the
proceeding.
5. That he continues the proceeding.

Article 243
 ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER
TO ANY JUDICIAL AUTHORITY:
1. That the offender is an executive officer.
2. That the addresses any order or suggestion to any judicial authority.
3. That the order or suggestion relates to any case or business coming within
the exclusive jurisdiction of the courts of justice.
 Note: Legislative or judicial officers are not liable under this article

Article 244
 ELEMENTS OF UNLAWFUL APPOINTMENTS:
1. That the offender is a public officer.
2. That he nominates or appoints a person to a public office.
3. That such person lacks the legal qualification therefor.
 4. That the offender knows that his nominee or appointee lacks the
qualification at the time he made the nomination or appointment.
 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

Article 245
 ELEMENTS OF ABUSES AGAINST CHASTITY:
1. That the offender is a public officer.
2. That he solicits or makes immoral or indecent advances to a woman.
3. That such woman must be –
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 care and custody of prisoners or person
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 mother of the person in the custody of the public officer is not included
 Solicit: means to propose earnestly and persistently something unchaste and
immoral to a woman
 The advances must be immoral or indecent
 The crime is consummated by mere proposal
 Proof of solicitation is not necessary when there is sexual intercourse

Criminal Law Book 2 –

Title Eight
JAN 25

Posted by Magz

TITLE EIGHT
I. CRIMES AGAINST PERSONS

DESTRUCTION OF LIFE
A. ELEMENTS OF PARRICIDE: (246)
 1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or
illegitimate, or a legitimate other ascendant or other descendant, or the
legitimate spouse of the accused.
Notes:
1. The relationship of the offender with the victim is the essential element of
the felony
2. Parents and children are not included in the term “ascendants” or
“descendants”
3. The other ascendant or descendant must be legitimate. On the other hand,
the father, mother or child may be legitimate or illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is
infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for murder or
homicide
7. Even if the offender did not know that the person he had killed is his son,
he is still liable for parricide because the law does not require knowledge of
the relationship
B. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES
Requisites:
1. A legally married person or parent surprises his spouse or daughter (the
latter must be under 18 and living with them) in the act of committing sexual
intercourse with another person
2. He/she kills any or both of them or inflicts upon any or both of them any
serious physical injury in the act or immediately thereafter
3. He has not promoted or facilitated the prostitution of his wife or daughter,
or that he has not consented to the infidelity of the other spouse.
Notes:
1. Article does not define or penalize a felony
2. Not necessary that the parent be legitimate
3. Article applies only when the daughter is single
4. Surprise: means to come upon suddenly or unexpectedly
5. Art 247 is applicable when the accused did not see his spouse in the act
sexual intercourse with another person. However, it is enough that
circumstances reasonably show that the carnal act is being committed or has
been committed
6. Sexual intercourse does not include preparatory acts
7. Immediately thereafter: means that the discovery, escape, pursuit and the
killing must all form parts of one continuous act
8. The killing must be the direct by-product of the rage of the accused
 9. No criminal liability is incurred when less serious or slight physical injuries
are inflicted. Moreover, in case third persons caught in the crossfire suffer
physical injuries, the accused is not liable. The principle that one is liable for
the consequences of his felonious act is not applicable because he is not
committing a felony
C. ELEMENTS OF MURDER: (248)
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the following qualifying
circumstances
1. with treachery, taking advantage of superior strength, with the aid or
armed men, or employing means to weaken the defense or of means or
persons to insure or afford impunity
2. in consideration of price, reward or promise
3. by means of inundation, fire, poison, explosion, shipwreck, stranding
of vessel, derailment or assault upon a street car or locomotive, fall of
airship, by means of motor vehicles or with the use of any other means
involving great waste or 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 inhumanely augmenting the
suffering of the victim or outraging or scoffing at his person or corpse
4. The killing is not parricide or infanticide.
Notes:
1. The victim must be killed in order to consummate the offense. Otherwise, it
would be attempted or frustrated murder
2. Murder will exist with only one of the circumstances. The other
circumstances are absorbed or included in one qualifying circumstance. They
cannot be considered as generic aggravating circumstances
3. Any of the qualifying circumstances must be alleged in the information.
Otherwise, they will only be considered as generic aggravating circumstances
4. Treachery and premeditation are inherent in murder with the use of poison.
D. ELEMENTS OF HOMICIDE: (249)
1. That a person was killed.
2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill, which is presumed.
4. That the killing was not attended by any of the qualifying circumstances of
murder, or by that of parricide or infanticide.
Notes:
 1. Intent to kill is conclusively presumed when death resulted. Hence,
evidence of intent to kill is required only in attempted or frustrated
homicide
2. There is no crime of frustrated homicide through negligence
3. When the wounds that caused death were inflicted by 2 different persons,
even if they were not in conspiracy, each one of them is guilty of homicide
4. In all crimes against persons in which the death of the victim is an element,
there must be satisfactory evidence of (1) the fact of death and (2) the
identity of the victim
E. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE (250)
F. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251)
1. That there be several persons.
2. That they did not compose groups organized for the common purpose of
assaulting and attacking each other reciprocally.
3. That these several persons quarreled and assaulted one another in a
confused and tumultuous manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the deceased.
6. That the person or persons who inflicted serious physical injuries or who
used violence can be identified.
Notes:
1. Tumultuous affray exists hen at least 4 persons take part in it
2. When there are 2 identified groups of men who assaulted each other, there
is no tumultuous affray
3. Persons liable are:
1. person/s who inflicted serious physical injuries
2. if it is not known who inflicted serious physical injuries on the
deceased, all persons who used violence upon the person of the victim.
G. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY:
(252)
1. that there is a tumultuous affray as referred to in the preceding article.
2. That a participant or some participants thereof suffer serious physical
injuries or physical injuries of a less serious nature only.
1. that the person responsible therefor cannot be identified.
2. That all those who appear to have used violence upon the person of the
offended party are known.
H.GIVING ASSISTANCE TO SUICIDE: (253)
 Acts punishable:
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.
  Notes:
1. A person who attempts to commit suicide is not criminally liable
2. 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
3. Assistance to suicide is different from mercy-killing. Euthanasia/mk is the
practice of painlessly putting to death a person suffering from some
incurable disease. In this case, the person does not want to die. A doctor
who resorts to euthanasia may be held liable for murder
4. Penalty is mitigated if suicide is not successful.
I. ELEMENTS OF DISCHARGE OF FIREARMS: (254)
1. that the offender discharges a firearm against or at another person.
2. That the offender has no intention to kill that person.
 Notes:
1. The offender must shoot at another with any firearm without intention of
killing him. If the firearm is not discharged at a person, the act is not
punished under this article
2. A discharge towards the house of the victim is not discharge of firearm. On
the other hand, firing a gun against the house of the offended party at
random, not knowing in what part of the house the people were, it is only
alarm under art 155.
3. Usually, the purpose of the offender is only to intimidate or frighten the
offended party
4. Intent to kill is negated by the fact that the distance between the victim
and the offender is 200 yards
5. A person can be held liable for discharge even if the gun was not pointed at
the offended party when it fired for as long as it was initially aimed at or
against the offended party.
J. ELEMENTS OF INFANTICIDE: (255)
1. That a child was killed.
2. That the deceased child was less than three days (72 hours) of age.
3. That the accused killed the said child.
Notes:
1. When the offender is the father, mother or legitimate ascendant, he shall
suffer the penalty prescribed for parricide. If the offender is any other
person, the penalty is that for murder. In either case, the proper
qualification for the offense is infanticide
2. When infanticide is committed by the mother or maternal grandmother in
order to conceal the dishonor, such fact is only mitigating
3. The delinquent mother who claims that she committed the offense to
conceal the dishonor must be of good reputation. Hence, if she is a
 prostitute, she is not entitled to a lesser penalty because she has no honor to
conceal
4. 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.
K. ELEMENTS OF INTENTIONAL ABORTION: (256)
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or beverages administered, or that the
accused otherwise acts upon such pregnant woman.
3. That as a result of the use of violence or drugs or beverages upon her, or
any other act of the accused, the fetus dies, either in the womb or after
having been expelled therefrom.
4. That the abortion is intended.
L. ELEMENTS OF UNINTENTIONAL ABORTION: (257)
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an
abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence that fetus dies, either in the womb or after
having been expelled therefrom.
Notes:
1. Unintentional abortion can also be committed through negligence
1. The accused can only be held liable if he knew that the woman was
pregnant
2. If there is no intention to cause abortion and neither was violence
exerted, arts 256 and 257 does not apply.
M. ELEMENTS OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY
HER PARENTS: (258)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the 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 dishonor.
Notes:
1. Liability of the pregnant woman is mitigated if the purpose is to conceal her
dishonor. However, there is no litigation for the parents of the pregnant
women even if their purpose is to conceal their daughter’s dishonor
2. In infanticide, parents can avail of the mitigating circumstance of
concealing the dishonor of their daughter. This is not so for art 258
N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND
DISPENSING OF ABORTIVES: (259)
 1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife, causes or assists in
causing the abortion.
4. That said physician or midwife takes advantage of his or her scientific
knowledge or skill.
Notes:
1. It is not necessary that the pharmacist knew that the abortive would be
used to cause abortion. What is punished is the act of dispensing an abortive
without the proper prescription. It is not necessary that the abortive be
actually used
2. If the pharmacist knew that the abortive would be used to cause abortion
and abortion results, he is liable as an accomplice
O. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260)
Acts punished:
1. Killing one’s adversary in a duel
2. Inflicting upon the adversary serious physical injuries
3. Making a combat although no physical injuries have been inflicted
Persons liable:
1. Principals – person who killed or inflicted physical injuries upon his
adversary, or both combatants in any other cases
2. Accomplices – as seconds
Notes:
1. Duel: a formal or regular combat previously concerted between 2 parties in
the presence of 2 or more seconds of lawful age on each side, who make the
selection of arms and fix all the other conditions of the fight
2. If death results, the penalty is the same as that for homicide
P. CHALLENGING TO A DUEL: (261)
Acts punishable:
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 liable:
1. Challenger
2. Instigators
II. PHYSICAL INJURIES
1. A. MUTILATION: (262)
Kinds of Mutilation
1. Intentionally mutilating another by depriving him, totally or partially, of
some essential organ for reproduction
 2. Intentionally making another mutilation, i.e. lopping, 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 the body
Elements:
1. There be a castration i.e. mutilation of organs necessary for generation
2. Mutilation is caused purposely and deliberately
Notes:
1. In the first kind of mutilation, the castration must be made purposely.
Otherwise, it will be considered as mutilation of the second kind
2. Mayhem: refers to any other intentional mutilation
1. B. SERIOUS PHYSICAL INJURIES: (263)
How Committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances
What are serious physical injuries:
1. Injured person becomes insane, imbecile, impotent or blind
2. Injured person –
1. loses the use of speech or the power to hear or to smell, loses an eye,
a hand, foot, arm or leg
2. loses the use of any such member
3. becomes incapacitated for the work in which he had been habitually
engaged
3. Injured person –
1. becomes deformed
2. loses any other member of his body
3. loses the use thereof
4. becomes ill or incapacitated for the performance of the work in
which he had been habitually engaged in for more than 90 days
1. Injured person becomes ill or incapacitated for labor for more
than 30 days (but not more than 90 days)
Notes:
1. Serious physical injuries may be committed through reckless imprudence or
simple imprudence
2. There must be no intent to kill
3. Impotent should include inability to copulate and sterility
4. Blindness requires lost of vision in both eyes. Mere weakness in vision is not
contemplated
5. Loss of power to hear must involve both ears. Otherwise, it will be
considered as serious physical injuries under par 3
6. Loss of use of hand or incapacity of usual work in par 2 must be permanent
 7. Par 2 refers to principal members of the body. Par 3 on the other hand,
covers any other member which is not a principal part of the body. In this
respect, a front tooth is considered as a member of the body, other than a
principal member
8. Deformity: means physical ugliness, permanent and definite abnormality.
Not curable by natural means or by nature. It must be conspicuous and
visible. Thus, if the scar is usually covered by a dress, it would not be
conspicuous and visible
9. The loss of 3 incisors is a visible deformity. Loss of one incisor is not.
However, loss of one tooth which impaired appearance is a deformity

10. Deformity by loss of teeth refers to injury which cannot be impaired by

the action of the nature

11. Loss of both outer ears constitutes deformity and also loss of the power
to hear. Meanwhile, loss of the lobule of the ear is only a deformity

12. Loss of the index and middle fingers is either a deformity or loss of a
member, not a principal one of his body or use of the same

13. Loss of the power to hear in the right ear is considered as merely loss of
use of some other part of the body

14. If the injury would require medical attendance for more than 30 days,
the illness of the offended party may be considered as lasting more than 30
days. The fact that there was medical attendance for that period of time
shows that the injuries were not cured for that length of time

15. Under par 4, all that is required is illness or incapacity, not medical
attendance

16. In determining incapacity, the injured party must have an avocation at

the time of the injury. Work: includes studies or preparation for a profession

17. When the category of the offense of serious physical injuries depends on
the period of the illness or incapacity for labor, there must be evidence of
the length of that period. Otherwise, the offense will only be considered as
slight physical injuries

18. There is no incapacity if the injured party could still engage in his work
although less effectively than before

19. Serious physical injuries is qualified when the crime is committed

against the same persons enumerated in the article on parricide or when it
is attended by any of the circumstances defining the crime of murder.
However, serious physical injuries resulting from excessive chastisement by
parents is not qualified serious physical injuries

1. C. ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES OR

BEVERAGES: (264)
1. That the offender inflicted upon another person any serious physical
injury
2. That it was done knowingly administering to him any injurious
substances or beverages or by taking advantage of his weakness of mind
of credulity
3. He had no intent to kill
Notes:
1. It is frustrated murder when there is intent to kill
2. Administering means introducing into the body the substance, thus throwing
of the acid in the face is not contemplated.
1. D. ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES: (265)
1. That the 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. That the physical injuries must not be those described in the
preceding articles
Notes:
1. Circumstances qualifying the offense:
1. when there is manifest intent to insult or offend the injured person
2. when there are circumstances adding ignominy to the offense
3. when the victim is either the offender’s parents, ascendants,
guardians, curators or teachers
4. when the victim is a person of rank or person in authority, provided
the crime is not direct assault
5. It falls under this article even if there was no incapacity but the
medical treatment was for 13 days
1. E. SLIGHT PHYSICAL INJURIES: (266)
3 Kinds:
1. That which incapacitated the offended party for labor from 1-9 days or
required medical attendance during the same period
2. That which did not prevent the offended party from engaging in his habitual
work or which did not require medical attendance (ex. Black-eye)
3. Ill-treatment of another by deed without causing any injury (ex. slapping
but without causing dishonor)
 1. F. RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape
as Crime Against Persons incorporated into Title 8 of the RPC to be known
as Chapter 3
Elements: Rape is committed
1. By a man who have carnal knowledge of a woman under any of the following
circumstances:
1. through force, threat or intimidation
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,
even though none of the circumstances mentioned above be present
5. By any person who, under any of the circumstances mentioned in par
1 hereof, shall commit an ac of sexual assault by inserting
1. his penis into another person’s mouth or anal orifice, or
2. any instrument or object, into the genital or anal orifice of
another person
Rape committed under par 1 is punishable by:
1. reclusion perpetua
2. reclusion perpetuato DEATH when
1. victim became insane by reason or on the occasion of rape
2. b. the rape is attempted and a homicide is committed by reason or
on the occasion thereof
3. DEATH when
1. homicide is committed
2. victim under 18 years and offender is:
1. parent
2. ascendant
3. step-parent
4. guardian
5. relative by consanguinity or affinity with the 3rd civil degree or
6. common law spouse of parent of victim
3. c. under the custody of the police or military authorities or any
law enforcement or penal institution
4. committed in full view of the spouse, parent or any of the children or
other relatives within the 3rd degree of consanguinity
5. victim is a religious engaged in legitimate religious vocation or
calling and is personally known to be such by the offender before or at
the time of the commission of the crime
6. a child below 7 years old
 7. g. offender knows he is afflicted with HIV or AIDS or any other
sexually transmissible disease and the virus is transmitted to the
victim
8. h. offender; member of the AFP, or para-military units thereof, or
the PNP, or any law enforcement agency or penal institution, when the
offender took advantage of his position to facilitate the commission of
the crime
9. victim suffered permanent physical mutilation or disability
10. j. the offender knew of the pregnancy of the offended party at
the time of the commission of the crime; and
11. k. when the offender knew of the mental disability, emotional
disorder and/or physical handicap or the offended party at the time of
the commission of the crime
Rape committed under par 2 is punishable by:
1. 1. prision mayor
2. 2. prision mayor to reclusion temporal
1. use of deadly weapon or
2. by two or more persons
3. reclusion temporal – when the victim has become insane
4. reclusion temporal to reclusion pepetua – rape is attempted and homicide is
committed
5. reclusion perpetua – homicide is committed by reason or on occasion of
rape
6. reclusion temporal – committed with any of the 10 aggravating
circumstances mentioned above
Notes:
1. The underscored words are the amendments provided by RA 8353
2. Dividing age in rape:
1. less than 7 yrs old, mandatory death
2. less than 12 yrs old, statutory rape
3. less than 18 yrs old and there is relationship (e.g. parent etc);
mandatory death

Criminal Law Book 2 –

Title Eleven
JAN 25

Posted by Magz
 TITLE ELEVEN
CRIMES AGAINST CHASTITY
A. ELEMENTS OF ADULTERY: (333)
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.
Notes:
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
B. ELEMENTS OF CONCUBINAGE: (334)
1. That the man must be married.
2. That he committed any of the following acts:
1. Keeping a mistress in the conjugal dwelling.
2. Having sexual intercourse under scandalous circumstances with a
woman who is not his wife.
3. Cohabiting with her in any other place.
3. That as regards the woman she must know him to be married.
Note: “Scandal” consists in any reprehensible word/deed that offends public
conscience, redounds to the detriment of the feelings of honest persons and
gives occasions to the neighbor’s spiritual damage and ruin
C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)
1. That the offender commits any act of lasciviousness or lewdness.
2. That it is done under any of the following circumstances:
1. by using force or intimidation, or
2. when the offended party is deprived of reason or otherwise
unconscious, or
3. when the offended party is under 12 years of age.
3. That the offended party is another person of either sex.
D. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337)
Two classes of qualified seduction:
1. Seduction of a virgin over 12 and under 18 years of age by certain persons,
such as a person in authority, priest, teachers etc and
2. Seduction of a sister by her brother or descendant by her ascendant,
regardless of her age or reputation (incestuous seduction)
Elements:
1. That the offended party is a virgin, which is (presumed if she unmarried
and of good reputation.)
2. That she must be over 12 and under 18 years of age.
3. That the offender has sexual intercourse with her.
 4. That there is abuse of authority, confidence or relationship on the part of
the offender ( person entrusted with education or custody of victim; person
in public authority, priest; servant)
Persons liable:
1. Those who abuse their authority:
1. persons in public authority
2. guardian
3. teacher
4. person who, in any capacity, is entrusted with the education or
custody of the woman seduced
2. Those who abused the confidence reposed in them:
1. priest
2. house servant
3. domestic
3. Those who abused their relationship:
1. brother who seduced his sister
2. ascendant who seduced his descendant
E. ELEMENTS OF SIMPLE SEDUCTION: (338)
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
F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE
OFFENDED PARTY: (339)
1. that the offender commits acts of lasciviousness or lewdness.
2. That the acts are committed upon a woman who is virgin or single or widow
of good reputation, under 18 years of age but over 12 years, or a sister or
descendant regardless of her reputation or age.
3. that the offender accomplishes the acts by abuse of authority, confidence,
relationship, or deceit.
G. ELEMENTS OF CORRUPTION OF MINORS: (340)

Act punishable: By promoting or facilitating the prostitution or corruption of

persons underage to satisfy the lust of another

H. ELEMENTS OF WHITE SLAVE TRADE: (341)

Acts penalized

1. Engaging in the business of prostitution

2. Profiting by prostitution
3. Enlisting the servicxe of women for the purpose of prostitution

I. ELEMENTS OF FORCIBLE ABDUCTION: (342)

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.
J. ELEMENTS OF CONSENTED ABDUCTION: (343)
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.
K. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION
RAPE AND ACTS OF LASCIVIOUSNESS (344)
1. Adultery and concubinage must be prosecuted upon complaint signed by the
offended spouse
2. Seduction, abduction, rape or acts of lasciviousness must be prosecuted
upon complaint signed by:
1. offended party
2. by her parents
3. grandparents
4. 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.
L. Civil liability of persons guilty of rape, seduction or abduction (345)
1. To idemnify the offended women
2. To acknowledge the offspring, unless the law should prevent him from doing
so
3. In every case to support the offspring
M. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH
CUSTODY OF OFFENDED PARTY WHO BY ABUSE OF AUTHORITY OR
CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346)
Criminal Law Book 2 – Title Ten
JAN 25

Posted by Magz
TITLE TEN
I. CRIMES AGAINST PROPERTY
A. ELEMENTS OF ROBBERY IN GENERAL: (293)
1. That there be personal property belonging to another.
2. That there is unlawful taking of that property.
3. That the taking must be with intent to gain, and
4. That there is violence against or intimidation of any person, or force upon
anything.
Notes:
1. Belonging to another – person from whom property was taken need not be
the owner, legal possession is sufficient
2. Name of the real owner is not essential so long as the personal property
taken does not belong to the accused except if crime is robbery with
homicide
3. Taking of personal property – must be unlawful; if given in trust – estafa
4. As to robbery with violence or intimidation – from the moment the offender
gains possession of the thing even if offender has had no opportunity to
dispose of the same, the unlawful taking is complete
5. As to robbery with force upon things – thing must be taken out of the
building
6. Intent to gain – presumed from unlawful taking
7. Taking must not be under the claim of title or ownership
8. When there’s no intent to gain but there is violence in the taking – grave
coercion
9. Violence or intimidation must be against the person of the offended party,
not upon the thing
10. General rule: violence or intimidation must be present before the
“taking” is complete
11. Except: when violence results in – homicide, rape, intentional
mutilation or any of the serious physical injuries in par 1 and 2 of art 263,
the taking of the property is robbery complexed with any of these crimes
under art 294, even if taking is already complete when violence was used by
the offender

12. Use of force upon things – entrance to the building by means described
in arts 299 and 302 (offender must enter)
13. When both violence or intimidation and force upon things concur – it is robbery with violence

Robbery with
violence Grave threats Grave coercion
Intent to gain No intent to gain None

Intimidation (effect) is immediate and

Intimidation; promises offended party is compelled to do
some future harm or something against his will (w/n right or
Immediate harm injury wrong)

Robbery Bribery
X has committed a crime and gives
X didn’t commit crime but is intimidated to money as way to avoid arrest or
deprive him of his property prosecution

Deprived of Php thru force or intimidation Giving of Php is in one sense voluntary

Neither Transaction is voluntary and mutual

Ex. defendant demands payment of P2.00

with threats of arrest and prosecution,
therefore, robbery because (a) intent to gain
and (b) immediate harm

A. ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION

OF PERSON: (294)

Acts punished as robbery with violence against or intimidation of persons

By reason or on occasion of the robbery, the following are committed:

1. homicide
2. robbery accompanied with rape or intentional mutilation, SPI – insane,
imbecile, impotent or blind
3. SPI – lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of
any such member, incapacitated for work habitually engaged in
4. Violence/intimidation shall have been carried to a degree clearly
unnecessary for the crime or when in the cause of its execution –
SPI/deformity, or shall have lost any part of the body or the use thereof or
shall have been ill or incapacitated for the performance of the work for > 90
days; > 30 days
5. Any kind of robbery with less serious physical injuries or slight physical
injuries
Notes:
 1. special complex crimes (specific penalties prescribed)
1. robbery with homicide – if original design is robbery and homicide is
committed – robbery with homicide even though homicide precedes the
robbery by an appreciable time. If original design is not robbery but
robbery was committed after homicide as an afterthought – 2 separate
offenses. Still robbery with homicide – if the person killed was an
innocent bystander and not the person robbed and if death supervened
by mere accident.
2. robbery with rape – intent to commit robbery must precede rape.
Prosecution of the crime need not be by offended party – fiscal can sign
the information. When rape and homicide co-exist, rape should be
considered as aggravating only and the crime is still robbery with
homicide
3. robbery with intimidation – acts done by the accused which by their
own nature or by reason of the circumstances inspire fear in the person
against whom they are directed
4. qualifying circumstances in robbery with violence or intimidation of
persons, if any of the offenses defined in subdivisions 3, 4 and 5 of Art
294 is committed:
1. in an uninhabited place or
2. by a band or
3. by attacking a moving train, street car, motor vehicle or
airship, or
4. by entering the passenger’s 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, the offender shall be punished by
the max period of the proper penalties prescribed in art 294
B. QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295)
Notes:
1. Must be alleged in the information
2. Can’t be offset by generic mitigating
3. Art 295 will not apply to: robbery w/ homicide, rape or SPI under par 1 of
art 263
C. ROBBERY BY A band: (296)
notes:
1. More than 3 armed malefactors
2. Liability for the acts of the other members of the band
3. Conspiracy to commit robbery with homicide – even if less than 4 armed
men
 4. Conspiracy to commit robbery only but homicide was committed also on the
occasion thereof – all members of the band are liable for robbery with
homicide
5. Conspiracy is presumed when 4 or more armed persons committed robbery
6. Unless the others attempted to prevent the assault – guilty of robbery by
band only
1. he was a member of the band
2. he was present at the commission of a robbery by that band
3. other members of the band committed an assault
4. he did not attempt to prevent the assault
D. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE: (297)
Notes:
1. Whether robbery is attempted or frustrated, penalty is the same
2. Where offense committed is attempted or frustrated robbery with serious
physical injuries – article 48 is applicable

E. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR

INTIMIDATION: (298)
1. That the offender has intent to defraud another.
2. That the offender compels him to sign, execute, or deliver any public
instrument or document.
3. That the compulsion is by means of violence or intimidation.

F. ELEMENTS OF ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING

OR EDIFICE DEVOTED TO WORSHIP: (299)
1. That the offender entered (a) an inhabited house, or (b) public buildings, or
(c) edifice devoted to religious worship.
2. That the 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 breaking any 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.
5. That once inside the building, the offender took personal property
belonging to another with intent to gain.
Notes:
1. Includes dependencies (stairways, hallways, etc.)
 2. Inhabited house – any shelter, ship or vessel constituting the dwelling of one
or more person even though temporarily absent – dependencies, courts,
corals, barns, etc.
3. NOT INCLUDED – ORCHARD, LANDS FOR CULTIVATION.
4. Important for robbery by use of force upon things, it is necessary that
offender enters the building or where object may be found. NO ENTRY, NO
ROBBERY
5. Entrance is necessary – mere insertion of hand is not enough (whole body);
not to get out but to enter – therefore, evidence to such effect is necessary
6. P v. Lamahang – intent to rob being present is necessary
7. Place: house or building; not car
8. Public building – every building owned, rented or used by the government
(though owned by private persons) though temporarily vacant
9. Not robbery – passing through open door but getting out of a window

10. Outside door must be broken, smashed. Theft – if lock is merely removed
or door was merely pushed

11. False keys – genuine keys stolen from the owner or any keys other than
those intended by the owner for use in the lock

12. Picklocks – specially made, adopted for commission of robbery

13. Key – stolen not by force, otherwise, it’s robbery by violence and
intimidation against persons

14. False key – used in opening house and not furniture inside, otherwise,
theft (for latter to be robbery., must be broken and not just opened)

15. Gen. Rule: outside door. Exception: inside door in a separate dwelling

16. E.g. pretending to be police to be able to enter (not pretending after

entrance)

G. ELEMENTS OF ROBBERY WITH FORCE UPON SUBDIVISION (B) OR ART.

299
1. That the offender is inside a dwelling house, public building, or edifice
devoted to religious worship, regardless of the circumstances under which he
entered it
2. That the offender takes personal property belonging to another with intent
to gain, under any of the following circumstances.
1. by the breaking of doors, wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle, or
 2. by taking such furniture or objects away to be broken or forced open
outside the place of the robbery.
Notes:
1. Entrance ( no matter how done)
2. Offender may be servants or guests
3. Destruction of keyhole of cabinet is robbery here
4. When sealed box is taken out for the purpose of breaking it, no need to
open – already consummated robbery
5. Estafa – if box is in the custody of acc
6. Theft – if box found outside and forced open
H. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND: (300)
I. WHAT IS AN UNINHABITED HOUSE, PUBLIC BUILDING OR BUILDING
DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES: (301)
Notes:
1. dependencies – are all interior courts, corrals, warehouses, granaries or
enclosed places:
1. contiguous to the building
2. having an interior entrance connected therewith
3. which form part of the whole

2. Garage – must have 3 requirements. Exception: orchards/lands

J. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE

BUILDING: (302)
1. That the offender entered an uninhabited place or a building which was not
a dwelling house, not a public building, or not an edifice devoted to religious
worship.
2. that any of the following circumstances was present:
3. That with intent to gain the offender took therefrom personal property
belonging to another.
1. That entrance was effected through an opening not intended for entrance
or egress.
2. A wall, roof, floor, or outside door or window was broken.
3. The entrance was effected through the use of false keys, picklocks or other
similar tools.
4. A door, wardrobe, chest, or any sealed or closed furniture or receptacle
was broken or
5. A closed or sealed receptacle was removed, even if the same be broken
open elsewhere.
Notes:
1. Second kind of robbery with force upon things
 2. Uninhabited place – is an uninhabited building (habitable, not any of the 3
places mentioned)
3. Ex. warehouse, freight car, store. Exception: pigsty
4. Same manner as 299 except that was entered into was an uninhabited place
or a building other than the 3 mentioned in 299. Exception: does not include
use of fictitious name or pretending the exercise of public authority
5. Breaking of padlock (but not door) is only theft
6. False keys – genuine keys stolen from the owner or any other keys other
than those intended by the owner for use in the lock forcibly opened
K. ROBBERY OF CEREALS, FRUITS OR FIRE WOOD IN AN UNINHABITED
PLACE OR PRIVATE BUILDING: (303)
L. ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS:
(304)
1. That the offender has in his possession picklocks or similar tools.
2. That such picklocks or similar tools are specially adopted to the commission
of robbery.
3. That the offender does not have lawful cause for such possession.
Note: Actual use of the same is not necessary
M. ELEMENTS OF FALSE KEYS: (305)
1. Picklocks, etc.
2. Genuine key stolen from owner.
3. Any key other than those intended by owner for use in the lock forcibly
opened by the offender
Notes:
1. Possession of false keys here not punishable
2. If key was entrusted and used to steal, not robbery (not stolen)

II. BRIGANDAGE
A. BRIGANDAGE: (306)

Brigands – more than three armed persons forming a band

Purpose:
a. Robbery in highway
1. b. Kidnapping for extortion or ransom.
1. Any other purpose to be obtained by means of force and violence.
Presumption of Brigandage:
1. if members of lawless band and possession of unlicensed firearms (any of
them)
2. possession of any kind of arms (not just firearm)
 BRIGANDAGE ROBBERY IN BAND
Purposes are given Only to commit robbery, not necessarily in hi-way

Mere formation of a band for

the above purpose If the purpose is to commit a part robbery

Necessary to prove that band actually committed robbery

B. ELEMENTS OF AIDING AND ABETTING A BAND OF BRIGANDS: (307)

1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
3. That the offender does any of the following acts:
1. he in any manner aids, abets or protects such band if brigands, or
2. he gives them information of the movements of the police or other peace
officers of the government or
3. He acquires or receives the property taken by such brigands.
Notes:
1. PD 532 – brigandage. Seizure of any person for: (a) ransom; (b) extortion or
other unlawful purpose; (c) taking away of property by violence or
intimidation or force upon things or other unlawful means
2. Committed by any person
3. On any Phil hi-way

III. THEFT
A. ELEMENTS OF THEFT: (308)
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence against or
intimidation of persons or force upon things.
Persons liable:
1. Those who

a) with intent to gain

b) but without violence against or intimidation of persons not force upon

things

c) take
d) personal property

e) of another

f) without the latter’s consent

1. Those who

a) having found lost property

b) fail to deliver the same to local authorities or its owner

Notes:
1. Retention of money/property found is theft. Retention is failure to return
(intent to gain)
2. Knowledge of owner is not required, knowledge of loss is enough
3. Finder in law is liable
4. Those who

a) after having maliciously damaged the property of another

b) remove or make use of the fruits or object of the damage caused by

them

Note: Killing of cattle of another which destroyed his property and getting
meat for himself
1. Those who

a) enter an enclosed estate or a field where

b) trespass is forbidden or which belongs to another and, without the

consent of its owner

c) hunts or fish upon the same or gather fruits, cereals or other forest or
farm products

Notes:
1. Theft is consummated when offender is able to place the thing taken under
his control and in such a situation as he could disclose of it at once (though
no opportunity to dispose) i.e, the control test
2. P v. Dino – applies only in theft of bulky goods (meaning there has to be
capacity to dispose of the things). Otherwise, P v. Espiritu – full possession is
enough
3. Servant using car without permission deemed qualified theft though use was
temporary
 4. Reyes says: there must be some character of permanency in depriving owner
of the use of the object and making himself the owner, therefore must
exclude “joyride”
5. Theft: if after custody (only material possession) of object was given to the
accused, it is actually taken by him (no intent to return) e.g. felonious
conversion. But it is estafa if juridical possession is transferred e.g., by
contract of bailment
6. Includes electricity and gas
1. inspector misreads meter to earn
2. one using a jumper
7. Selling share of co-partner is not theft
8. Salary must be delivered first to employee; prior to this, taking of Php is
theft
9. If offender claims property as his own (in good faith) – not theft (though
later found to be untrue. If in bad faith – theft)

10. Gain is not just Php – satisfaction, use, pleasure desired, any benefit
(e.g. joyride)

11. Actual gain is not necessary (intent to gain necessary)

12. Allege lack of consent in info is important

B. ELEMENTS OF HUNTING, FISHING OR GATHERING FRUITS, ETC. IN

ENCLOSED ESTATE
(PAR. NO.3, ART. 308)
1. That there is an enclosed estate or a field where trespass is forbidden or
which belongs to another;
2. That the offender enters the same.
3. That the offender hunts or fishes upon the same or gathers fruits, cereals or
other forest or farm products, and
4. That the hunting or fishing or gathering of products is without the consent
of the owner.
Note: Fish not in fishpond, otherwise, qualified
C.PENALTIES FOR QUALIFIED THEFT; (309)
D. ELEMENTS OF QUALIFIED THEFT: (310)
1. Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
1. motor vehicle
2. mail matter
 3. large cattle
4. coconut from plantation
5. fish from fishpond or fishery, or
6. On occasion of calamities and civil disturbance.
Notes:
1. “grave abuse” – high degree of confidence e.g. guests
2. no confidence, not qualified theft
3. theft – material possession’ estafa – juridical possession
4. qualified: if done by one who has access to place where stolen property is
kept e.g., guards, tellers
5. novation theory applies only if there’s a relation
6. industrial partner is not liable for QT (estafa)
7. when accused considered the deed of sale as sham (modus) and he had
intent to gain, his absconding is QT
8. see carnapping law: RA 6539
9. motor vehicle in kabit system sold to another-theft. Motor vehicle not used
as PU in kabit system but under K of lease-estafa
10. 10. mail matter – private mail to be QT, Not postmaster – Art. 226

11. theft of large cattle

E. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND

NATIONAL MUSEUM: (311)

IV. USURPATION
A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF
REAL RIGHTS IN PROPERTY: (312)
1. That the offender takes possession of any real property or usurps any real
rights in property.
2. That the real property or real rights belong to another.
3. That violence against or intimidation of persons is used by the offender in
occupying real property or usurpation real rights in property.
4. That there is intent to gain.
B. ELEMENTS OF ALTERING BOUNDARIES OR LANDMARKS: (313)
1. That there be boundary marks or monuments of towns, provinces, or
estates, or any other marks intended to designate the boundaries of the
same.
2. That the offender alters said boundary marks.
V. CULPABLE INSOLVENCY
A. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency)
1. That the offender is a debtor; that is, he was obligations due and payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.

VI. SWINDLING AND OTHER DECEITS

A. ELEMENTS OF ESTAFA IN GENERAL: (315)
1. That the accused defrauded another (a.) by abuse of confidence, or (b) or
means of deceit and
2. That damage or prejudice capable of pecuniary estimation is caused to the
offended party or third person
B. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315)
1. That the offender has an onerous obligation to deliver something of value.
2. That he alters its substance, quantity, or quality.
3. That damage or prejudice is caused to another.
C. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER
SUBDIVISION NO.1 PAR. (B), OF ART.315
1. That money, goods, or other personal property be received by the offender
in trust, or on commission, or for administration, or under any other
obligation involving the duty to make delivery of or to return, the same.
2. That there be misappropriation or conversion of such money or property by
the offender, or dental on his part of such receipt.
3. that such misappropriation or conversion or dental is to the prejudice of
another and
4. That there is a demand made by the offended party to the offender.
D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER
PARAGRAPH (B), SUBDIVISION N0.1, ART. 315 = 3 WAYS OF COMMITTING:
1. By misappropriating the thing received.
2. By converting the thing received.
3. By denying that the thing was received.
Notes:
1. Unfaithful or Abuse of Confidence

a. by altering the substance

b. existing obligation to deliver – even if it is not a subject of lawful

commerce

c. thing delivered has not been fully or partially paid for – not estafa
 3. no agreement as to quality – No estafa if delivery is unsatisfactory

1. By misappropriating and converting

1. thing is received by offender under transactions transferring juridical
possession, not ownership
2. under PD 115 (Trust Receipts Law) – failure to turn over to the bank the
proceeds of the sale of the goods covered by TR – Estafa
3. same thing received must be returned otherwise estafa; sale on credit by
agency when it was to be sold for cash – estafa
4. Estafa – not affected by Novation of Contract because it is a public offense
5. Novation must take place before criminal liability was incurred or perhaps
prior to the filing of the criminal information in court by state prosecutors
6. Misappropriating – to take something for one’s own benefit
g. Converting – act of using or disposing of another’s property as if it was
one’s own; thing has been devoted for a purpose or use different from that
agreed upon
1. There must be prejudice to another – not necessary that offender should
obtain gain
2. When in the prosecution for malversation the public officer is acquitted, the
private individual allegedly in conspiracy with him may be held liable for
estafa
9. Partners – No estafa of money or property received for the partnership when
the business is commercial and profits accrued. BUT if property is received
for specific purpose and is misappropriated – estafa!
10. Failure to account after the DEMAND is circumstantial evidence of
misappropriation
11. DEMAND is not a condition precedent to existence of estafa when
misappropriation may be established by other proof
12. In theft, upon delivery of the thing to the offender, the owner expects an
immediate return of the ting to him – otherwise, Estafa
13. Servant, domestic or employee who misappropriates a thing he received from his master is NOT
guilty of estafa but of qualified thef

Estafa with Abuse of Confidence Malversation

Offenders are entrusted with funds or offenders are entrusted with funds or
property and are continuing offenses property and are continuing offenses

Funds: always private Funds: public funds or property

Offender: private individual, or public Offender: public officer accountable for

officer not accountable public funds

Committed by misappropriating, Committed by appropriating, taking,

 misappropriating
converting, denying having received money

E. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE

SIGNATURE IN BLANK: (315)
1. That the paper with the signature of the offended party be in blank.
2. That the offended party should have delivered it to offender.
3. That above the signature of the offended party a document is written by the
offender without authority to do so.
4. That the document so written creates a liability of, or causes damage to,
the offended party or any third person.
Note: If the paper with signature in blank was stolen – Falsification if by
making it appear that he participated in a transaction when in fact he did
not so participate.
F. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315)
1. that there must be a false pretense, fraudulent means must be made or
executed prior to or
2. That such false pretense, fraudulent act or fraudulent means must be made
or executed prior to or simultaneously with the commission of the fraud.
3. That the offended party must have relied on the false pretense, fraudulent
act, or fraudulent means, that is, he was induced to part with his money or
property because of the false pretense, fraudulent act, or fraudulent means.
4. That as a result thereof, the offended party suffered damage.
Notes:
1. False pretenses or fraudulent acts – executed prior to or simultaneously with
delivery of the thing by the complainant
2. There must be evidence that the pretense of the accused that he possesses
power/influence is false.
G. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK
IN PAYMENT OF AN OBLIGATION: (315)
1. That the offender postdated a check, or issued a check in payment of an
obligation.
2. That such postdatig 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.
Notes:
1. good faith is a defense. (PP. VS. VILLAPANDO, 56 PHIL.31)
2. dishonor from lack of funds to prima facie evidence of deceit or failure to
make good within three days after notice of.
3. No funds in the bank or his funds are not sufficient
4. If check was issued in payment of pre-existing debt – no estafa
 5. Offender must be able to obtain something from the offended party by
means of the check he issues and delivers
6. If postdating a check issued as mere guarantee/promissory note – no estafa.
H. ELEMENTS OF OFFENSE DEFINED IN THE FIRST PARAGRAPH OF SECTION
1: BP 22
1. That a person makes or draws and issues any check.
2. That the check is made or drawn and issued to apply on account or for
value.
3. That the person who makes or draws and issues the check knows at the
time of issue 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.
1. That 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 drawee, without any valid
reason, ordered the bank to stop payment.

Note: Failure to make good within 5 banking days prima facie evidence of
knowledge of lack and insufficiency
I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF
SECTION 1: BP 22
1. That a person has sufficient funds in or credit with the drawee bank when
he makes or draws and issues a check.
2. That 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 90 days from the date appearing thereon.

1. That the check is dishonored by the drawee bank.

Note: Failure to make good within 5 banking days prima facie evididence of
knowledge of lack and insufficiency
J. BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS, RESTAURANTS ETC.
K. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY
DOCUMENTS: (315)
1. That the offender induced the offended party to sign a document.
2. That deceit be employed to make him sign the document.
3. That the offended party personally signed the document.
4. That prejudice be caused.
Note: If offended party willingly signed the document and there was deceit
as to the character or contents of the document – falsification; but where
the accused made representation to mislead the complainants as to the
character of the documents – estafa
L. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING
DOCUMENTS: (315)
1. That there be court records, office files, documents or any other papers.
2. That the offender removed, concealed or destroyed any of them.
3. That the offender had intent to defraud another.
Note: No intent to defraud – destroying or removal = malicious mischief
M. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION:
(315) (second element of any form of estafa)
THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST OF THE FF.:
1. The offender party being deprived of his money or property, as a result of
the defraudation.
2. Disturbance in property right or
3. Temporary prejudice.
N. ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING, SELLING,
ENCUMBERING, OR MORTGAGING ANY REAL PROPERTY, PRETENDING TO
BE THE OWNER OF THE SAME: (316)
1. That the thing be immovable, such as a parcel of land or a building.
2. That the offender who is not the owner of said property represented that he
is the owner thereof.
3. That the offender should have executed an act of ownership (selling,
leasing, encumbering or mortgaging the real property).
4. That the act be made to the prejudice of the owner or a third person.

INFIDELITY IN THE CUSTODY OF

ESTAFA DOCUMENTS

Private individual was

entrusted Public officer entrusted

Intent to defraud No intent to defraud

O. ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING OF REAL PROPERTY

AS FREE FROM ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE NOT
RECORDED: (316)
1. that the thing disposed of be real property.
2. That the offender knew that the real property was encumbered, whether
the encumbrance is recorded or not.
3. That there must be express representation by the offender that the real
property is free from encumbrance.
 4. That the act of disposing of the real property be made to the damage of
another.
P. ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY TAKING BY THE
OWNER HIS PERSONAL FROM ITS LAWFUL POSSESSOR: (316)
1. That the offender is the owner of personal property.
2. That said personal property is in the lawful possession of another.
3. That the offender wrongfully takes it from its lawful possessor.
4. That prejudice is thereby caused to the possessor or third person.
Q. ELEMENTS OF SWINDLING (PAR. 6) BY SELLING, MORTGAGING OR
ENCUMBERING REAL PROPERTY OR PROPERTIES WITH WHICH THE
OFFENDER GUARANTEED THE FULFILLMENT OF HIS OBLIGATION AS
SURETY: (316)
1. That the offender is a surety in a bond given in a criminal or civil action.
2. That he guaranteed the fulfillment of such obligation with his real property
or properties.
3. That he sells, mortgages, or, in any other manner encumbers said real
property.
4. That such sale, mortage or encumbrance is (a) without express authority
from the court, or (b) made before the cancellation of his bond, or (c) before
being relieved from the obligation contracted by him.
R. ELEMENTS OF SWINDLING A MINOR: (317)
1. That the offender takes advantage of the inexperience or emotions or
feelings of a minor.
2. That he induces such minor (a) ro assume an obligation, or (b) to give
release, or (c) to execute a transfer of any property right.
3. That the consideration is (a) some loan of money (b) credit or (c) other
personal property.
4. That the transaction is to the detriment of such minor.
S. ELEMENTS OF OTHER DECEITS: (318)
1. not mentioned above;
2. interpretation of dreams, forecast, future-telling for profit or gain.

VII. CHATTEL MORTGAGE

A. ELEMENTS OF SELLING OR PLEDGING PERSONAL PROPERTY ALREADY
PLEDGED: (319)
1. That personal property is already pledged under the terms of the chattel
mortgage law.
2. That the offender, who is the mortgagee of such property, sells or pledges
the same or any part thereof.
 3. That there is no 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.
B. ELEMENTS OF KNOWINGLY REMOVING MORTGAGED PERSONAL
PROPERTY: (319)
1. that personal property is mortgaged under the chattel mortage law.
2. That the offender knows that such property is so mortaged.
3. That he removes such mortgaged personal to any province or city other than
the one in which it was located at the time of the execution of the
mortgage.
4. that the removal is permanent.
5. That there is no written consent of the mortgagee or his executors,
administration or assigns to such removal.

VIII. ARSON AND OTHER CRIMES INVOLVING

DESTRUCTIONS
(Note: PD 1613 expressly repealed or amended Arts 320-326, but PD 1744
revived Art 320)
A. ELEMENTS OF ARSONS OF PROPERTY OF SMALL VALUES
1. That an uninhabited hut, storehouse, barn, shed or any other property is
burned
2. That the value of the property burned does not exceed 25 pesos
3. That the burning was done at a time or under circumstances which clearly
exclude all danger of the fire spreading
B. ELEMENTS OF CRIME INVOLVING DESTRUCTION
1. That the offender causes destruction of the property
2. That the destruction was done by means of:
1. explosion
2. discharge of electric current
3. inundation
4. sinking or stranding of a vessel
5. damaging the engine of the vessel
6. taking up rails from the railway track
7. destroying telegraph wires and posts or those of any other system
8. other similar effective means of destruction
C. ELEMENTS OF BURNING ONE’S PROPERTY AS A MEANS TO COMMIT
ARSON
1. That the offender set fire to or destroyed his own property
2. That the purpose of the offender in doing so was to commit arson or to
cause a great destruction
3. That the property belonging to another was burned or destroyed
D. ELEMENTS OF ARSON
 1. That the property burned is the exclusive property of the offender
2. That (a) the purpose of the offender is burning it is to defraud or cause
damage to another or (b) prejudice is actually caused, or (c) the thing
burned is a building in an inhabited place

IX. MALICIOUS MISCHIEF

A. ELEMENTS OF MALICIOUS MISCHIEF: (326)
1. That the offender deliberately caused damage to the property of another.
2. That such act does not constitute arson or other crimes involving
destruction.
3. That the act damaging another’s property be committed merely for the sake
of damaging it.
Notes:
1. Malicious mischief – willful damaging of another’s property for the sake of
causing damage due to hate, revenge or other evil motive
2. No negligence
3. Example. Killing the cow as revenge
4. If no malice – only civil liability
5. Damage is also diminution in value
6. But after damaging the thing, he used it = theft
7. Damage is not incident of a crime (breaking windows in robbery)
B. SPECIAL CASES OF MALICIOUS MISCHIEF: (328)
1. Obstruct performance of public functions.
2. Using poisonous or corrosive substances.
3. Spreading infection or contagious among cattle.
4. Damage to property of national museum or library, archive, registry,
waterworks, road, promenade, or any other thing ised in common by the
public.
Note: Qualified malicious mischief – no uprising or sedition (#1)
C. ELEMENTS OF OTHER MISCHIEF: (329)
1. Not included in 328
1. scattering human excrement
2. killing of cow as an act of revenge
D. ELEMENTS OF DAMAGE AND OBSTIVATION TO MEANS OF
COMMUNICATION: (330)
Notes:
1. done by damaging railways, telegraph, telephone lines, electric wires,
traction cables, signal system of railways
2. removing rails from tracks is destruction (art 324)
 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:
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
1. murder – if derailment is means of intent to kill
2. none – art 48
E. ELEMENTS OF DESTROYING OR DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS: (331)
F. ELEMENTS OF EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES
AGAINST PROPERTY: (332)
Persons exempt from criminal liability:
1. Spouse, ascendants and descendants or relatives by affinity in the same line
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
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:
1. stepfather/mother (ascendants by affinity)
2. adopted children (descendants)
3. concubine/paramour (spouse)
4. common law spouse (propert is part of their earnings)

Criminal Law Book 2 –

Title Eleven
JAN 25

Posted by Magz
TITLE ELEVEN
CRIMES AGAINST CHASTITY
A. ELEMENTS OF ADULTERY: (333)
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.
Notes:
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
B. ELEMENTS OF CONCUBINAGE: (334)
1. That the man must be married.
2. That he committed any of the following acts:
1. Keeping a mistress in the conjugal dwelling.
2. Having sexual intercourse under scandalous circumstances with a
woman who is not his wife.
3. Cohabiting with her in any other place.
3. That as regards the woman she must know him to be married.
Note: “Scandal” consists in any reprehensible word/deed that offends public
conscience, redounds to the detriment of the feelings of honest persons and
gives occasions to the neighbor’s spiritual damage and ruin
C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)
1. That the offender commits any act of lasciviousness or lewdness.
2. That it is done under any of the following circumstances:
1. by using force or intimidation, or
2. when the offended party is deprived of reason or otherwise
unconscious, or
3. when the offended party is under 12 years of age.
3. That the offended party is another person of either sex.
D. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337)
Two classes of qualified seduction:
1. Seduction of a virgin over 12 and under 18 years of age by certain persons,
such as a person in authority, priest, teachers etc and
2. Seduction of a sister by her brother or descendant by her ascendant,
regardless of her age or reputation (incestuous seduction)
Elements:
1. That the offended party is a virgin, which is (presumed if she unmarried
and of good reputation.)
2. That she must be over 12 and under 18 years of age.
3. That the offender has sexual intercourse with her.
4. That there is abuse of authority, confidence or relationship on the part of
the offender ( person entrusted with education or custody of victim; person
in public authority, priest; servant)
Persons liable:
1. Those who abuse their authority:
 1. persons in public authority
2. guardian
3. teacher
4. person who, in any capacity, is entrusted with the education or
custody of the woman seduced
2. Those who abused the confidence reposed in them:
1. priest
2. house servant
3. domestic
3. Those who abused their relationship:
1. brother who seduced his sister
2. ascendant who seduced his descendant
E. ELEMENTS OF SIMPLE SEDUCTION: (338)
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
F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE
OFFENDED PARTY: (339)
1. that the offender commits acts of lasciviousness or lewdness.
2. That the acts are committed upon a woman who is virgin or single or widow
of good reputation, under 18 years of age but over 12 years, or a sister or
descendant regardless of her reputation or age.
3. that the offender accomplishes the acts by abuse of authority, confidence,
relationship, or deceit.
G. ELEMENTS OF CORRUPTION OF MINORS: (340)

Act punishable: By promoting or facilitating the prostitution or corruption of

persons underage to satisfy the lust of another

H. ELEMENTS OF WHITE SLAVE TRADE: (341)

Acts penalized

1. Engaging in the business of prostitution

2. Profiting by prostitution

3. Enlisting the servicxe of women for the purpose of prostitution

I. ELEMENTS OF FORCIBLE ABDUCTION: (342)

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.
J. ELEMENTS OF CONSENTED ABDUCTION: (343)
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.
K. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION
RAPE AND ACTS OF LASCIVIOUSNESS (344)
1. Adultery and concubinage must be prosecuted upon complaint signed by the
offended spouse
2. Seduction, abduction, rape or acts of lasciviousness must be prosecuted
upon complaint signed by:
1. offended party
2. by her parents
3. grandparents
4. 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.
L. Civil liability of persons guilty of rape, seduction or abduction (345)
1. To idemnify the offended women
2. To acknowledge the offspring, unless the law should prevent him from doing
so
3. In every case to support the offspring
M. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH
CUSTODY OF OFFENDED PARTY WHO BY ABUSE OF AUTHORITY OR
CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346)

Criminal Law Book 2 –

Title Twelve
JAN 25

Posted by Magz
TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF PERSONS

A. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER,

AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD: (347)
Acts Punished:

1. Simulation of births

2. Substitution of one child for another

3. Concealing or abandoning any legitimate child with the intent to cause

such child to lose its civil status

Requisites:
1. The child must be legitimate
2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to lose its civil status
Elements of Simulation of Birth:
1. Child is baptized or registered in the Registry of birth as hers
2. Child loses its real status and acquiires a new one
3. Actor’s purpose was to cause the loss of any trace as to the child’s true
filiation
B. USURPATION OF CIVIL STATUS: (348)
Notes:
1. Committed by a person who represents himself as another and assumes the
filiation or rights pertaining to such person
2. There must be criminal intent to enjoy the civil rights of another by the
offender knowing he is not entitled thereto
3. Committed by asuming the filiation, or the parental or conjugal rights of
another
4. Circumstances qualifying the offense: penalty is heavier when the purpose
of the impersonation is to defraud the offended party or hios heirs.
C. ELEMENTS OF BIGAMY: (349)
1. That the offender has been legally married.
2. That the marriage has not been legally dissolved or, in case his or her
spouse is absent, the absent spouse could not yet be presumed dead
according to the civil code.
3. That he contracts a second or subsequent marriage.
 4. That the second or subsequent marriage has all the essential requisites for
validity.
Notes:
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. A simulated marriage is not marriage at all and can be used as a defense for
bigamy
3. There must be a summary proceeding to declare the absent spouse
presumptively dead for purposes of remarriage
4. Failure to exercise due diligence to ascertain the whereabouts of the
1st wife is bigamy through reckless imprudence
5. A judicial declaration of the nullity of a marriage void ab initio is now
required
6. One convicted for bigamy may be prosecuted for concubinage as both are
distinct offenses
7. One who vouches that there is no legal impediment knowing that one of the
parties is already married is an accomplice.
D. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS:
(350)
1. That the offender contracted marriage.
2. That he knew at the time that
1. the requirement of the law were not complied with, or
2. The marriage was in disregard of a legal impediment.
Note: Circumstance qualifying the offense: if either of the contracting
parties obtains the consent of the other by means of violence, intimidation
or fraud.
E. ELEMENTS OF PREMATURE MARRIAGE: (351)

Acts punished:

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.
F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352)

Act punished: performance of any illegal marriage ceremony by a priest or

minister of any religious denomination or sect or by civil authorities
Criminal Law Book 2 –
Title Thirteen
JAN 25

Posted by Magz

TITLE THIRTEEN
CRIMES AGAINST HONOR
A. ELEMENTS OF LIBEL DEFAMATION: (353)
1. That there must be an imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status, or circumstances.
2. That the imputation must be made publicly.
3. That it must be malicious.
4. That the imputation must be directed at a natural or juridical person, or
one who is dead.
5. That the imputation must tend to cause the dishonor, discredit or contempt
of the person defamed.
Notes:
1. Libel is a public and malicious imputation of a crime, or a vice or defect,
real or imaginary or any act, commission, condition, status or circumstances
tending to cause the dishonor, discredit or contempt of a natural or juridical
person, or to blacken the memory of one who is dead
2. Kinds of malice: (a) malice in law; (b) malice in fact
3. Malice is presumed to exist in injurious publications
4. Publication is the communication of the defamatory matter to some third
person/s
5. Person libeled must be identified. But the publication need not refer by
name to the libeled party. If not named it must be shown that the
description of the person referred to in the defamatory publication was
sufficiently clear so that at least a 3rd person would have identified the
plaintiff.
6. There are as many crimes as there are persons defamed.
7. To presume publication there must be a reasonable probability that the
alleged a libelous matter was thereby exposed to be read or seen by
3rd persons.
Criterion to determine whether statements are defamatory
1) words are calculated to induce the hearers to suppose and understand
that the person against who they are uttered were guilty of certain
offenses, or are sufficient to impeach their honesty, virtue or reputation, or
to hole the person up to public ridicule(US v O’Connel)
2 )construed not only as to the expression used but also with respect to the
whole scope and apparent object of the writer.(P v Encarnacion)

Libel Perjury
-false accusation need not be made under oath

-false accusation is made under oath

Newsweek v IAC

Newsweek portrayed the island province of Negros Occidental as a place

dominated by big landowners. Plaintiffs are associations of sugarcane
planters. HELD: Dismissed. To maintain a libel suit, the specific victim must
be identifiable. Defamatory remarks directed at a group of persons are not
actionable unless the statements are all-embracing or sufficiently specific
for victim to be identifiable. An action for libel allegedly directed against a
group of sugar planters cannot be done by resort to filing a class suit as each
victim has his specific reputation to protect. In this case, each of the
plaintiffs has a separate and distinct reputation in the community.

A. REQUIREMENT OF PUBLICITY: (354)

Kinds of privileged communication
1. Absolutely privileged – not actionable even if the actor has acted in bad
faith
2. Qualifiedly privileged – those which although containing defamatory
imputations could not be actionable unless made with malice or bad faith
General Rule:

Every defamatory imputation is presumed malicious even if it be true, if no

good intention and justifiable motive for making it is shown

Exception:
1. private communication in performance of legal, moral or social duty
Requisites:
1. that the person who made the communication had a legal, moral or social
duty to make the communication or at least he had an interest to be upheld
2. that the communication is addressed to an officer or a board, or superior,
having some interest or duty on the matter
3. that the statements in the communication are made in good faith without
malice in fact
 4. fair and true report, made in good faith, without any comments and
remarks
Requisites:
1. that the publication of a report of an official proceeding is a fair and true
report of a judicial, legislative, or other official proceedings which are not of
confidential nature, or of a statement, report, or speech delivered in said
proceedings, or of any other act performed by a public officer
2. that it is made in good faith
3. that it is made without any comments or remarks

Santos v CA

HELD: No malice, he simply furnished the readers with the info that a
complaint has been filed against the brokerage firm and reproduced the
pleading verbatim with no embellishments.

B. LIBEL BY MEANS OF WRITING OR SIMILAR MEANS: (355)

Note: Enumerates the means by which libel may be committed: writing,
printing, lithography, engraving, radio phonograph, painting, theatrical or
cinematographic exhibitions or any similar means

C. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH

PUBLICATION FOR A COMPENSATION: (356)
Note: Clearly, just a case of blackmail-any unlawful extortion of money by
threats of accusation and exposure

-possible in light threats Art 283 and in threat to publish Art 356.

D. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE

COURSE OF OFFICIAL PROCEEDINGS: (357)
1. That the offender is a reporter, editor or manager of a newspaper, daily or
magazine.
2. That he publishes facts connected with the private life of another.
3. That such facts are offensive to the honor, virtue and reputation of said
person.
Note:
Even though made in connection with or under the pretext that it is
necessary in the narration of any judicial or administrative proceedings
wherein such facts have been mentioned.

Lacsa v IAC

Lacsa found that Marquez was not a proprietary member of PCA thus not
qualified to be president. He wrote to the BOD and to Marquez. He caused
to publish the second letter. HELD: Letter is not privileged communication.
To be classified as such it must be free from malice. Granting that the letter
was privileged communication, written out of a duty of an officer towards
the members, such character was lost when it was published.

E. ELEMENTS OF ORAL DEFAMATION/SLANDER: (358)

1. action of a serious and insulting nature (Grave slander)
2. light insult or defamation – not serious in nature (simple slander)

Factors that determine gravity of the offense:

a) expressions used

b) personal relations of the accused and the offended party

c) circumstances surrounding the case

Notes:
Words uttered in the heat of anger constitute light oral defamation (P v
Doronilla)
If the utterances were made publicly and were heard by many people and
the accused at the same time levelled his finger at the complainant, oral
defamation is committed (P v Salleque)

F. ELEMENTS OF SLANDER BY DEED: (359)

1. That the offender performs any act not included in any other crime against
honor.
2. That such act is performed in the presence of other person or persons.
3. That such act casts dishonor, discredit or contempt upon the offended
party.
Notes:
a. Seriousness depends on the social standing of offended party, the
circumstances surrounding the act, the occasion, etc.

b. The acts of slapping and boxing the woman, a teacher, in the presence of
many people has put her to dishonor, contempt and ridicule. (P v Costa)

P v Motita

Accused held a mirror between the legs of complainant to reflect her

private parts. The crowd laughed. Guilty of slander by deed.

Distinctions:

a. Unjust Vexation-irritation or annoyance/anything that annoys or irritates

without justification.

b. Slander by Deed-irritation or annoyance + attendant publicity and

dishonor or contempt.

c. Acts of lasciviousness-irritation or annoyance + any of 3 circumstance

provided in Art335 of RPC on rape

i. use of force or intimidation

ii.deprivation of reason or rendering the offended unconscious

offended party under 12 yrs of age+lewd designs

PERSONS RESPONSIBLE FOR LIBEL (360)

1) Who are liable

a. person who publishes, exhibits or causes the publication or exhibition of

any defamation in writing or similar means(par.1)

b. author or editor of a book or pamphlet

c. editor or business manager of a daily newspaper magazine or serial

publication(par.2)
d. 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 (US v Ortiz)

2) Venue of criminal and civil action for damages in cases of written

defamation:

a. where the libelous article is printed and 1st published OR

b. where any of the offended parties actually resides at the time of the
commission of the offense

3) Where one of the offended parties is a public officer:

a. if his office is in the City of Manila

– RTC of Manila OR

– city/province where the article is printed and 1 st published

b. Otherwise

– RTC of the city/province where he held office at the time of offense OR

– where the article is 1st published

4) Where one of the offended parties is a private individual:

– RTC of province/city where he actually resides at the time of the crime

– where article was printed or 1st published

Note: Offended party must file complaint for defamation imputing a crime
which cannot be prosecuted de oficio (e.g. adultery, concubinage, rape,
seduction, abduction, and acts of lasciviousness)

Soriano v IAC

The Philippines follows the multiple publication rule which means that every
time the same written matter is communicated, such communication is
considered a distinct and separate publication of libel.
PROOF OF THE TRUTH (361)
Admissible when:

a. the act or omission imputed constitutes a crime regardless of whether the

offended party is a private individual or a public officer

b. the offended party is a government employee, even if the act or omission

imputed does not constitute a crime provided it is related to the discharge
of his official duties

Requisites for Acquittal:

a. it appears that the matter charged as libelous is TRUE (for situations 1

and 2 above)

b. it was published with good motives and for a justifiable end (for situation
1 only)

Notes: The proof of the truth of the accusation cannot be made to rest upon
mere hearsay, rumors, or suspicion. It must rest upon positive direct
evidence, upon which a definite finding may be made by the court (US v
Sotto)

LIBELOUS REMARKS (362)

Libelous remarks or comments on privileged matters (under Art. 354) if

made with malice in fact will not exempt the author and editor.

*This article is a limitation to the defense of privileged communication.

ELEMENTS OF INCRIMINATING INNOCENT PERSON: (363)

1. That the offender performs an act.
2. That by such act he directly incriminates or imputes to an innocent person
the commission of a crime.
3. That such act does not constitute perjury.
Two Kinds:

a. making a statement which is

i. defamatory or

ii. perjurious (if made under oath and is false)

b. planting evidence

Note: article is limited to planting evidence and the like

INTRIGUING AGAINST HONOR (364)

How committed:

-by any person who shall make any intrigue which has for its principal
purpose to blemish the honor or reputation of another person

Notes:

a. Intriguing against honor refers to any scheme or plot designed to blemish

the reputation of another or of such trickery or secret plot.

b. Committed by saying to others an unattributable thing, if said to the

person himself it is slander.

RA4200 The Anti-WireTapping Act

Acts punished:

1) any person, not authorized by all the parties to any private

communication or spoken word

a) taps any wire of cable OR

b) uses 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 walkie talkie or tape recorder

2) any person, whether or not a participant in the above-mentioned acts:

a) knowingly possesses any tape record, wire record, disc record, or any
other such record or copies thereof of any communication or spoken word

b) replays the same for any other person

c)communicates the contents thereof, whether complete or partial, to any

other person

Notes:

a. Peace officer is exempt if acts done under lawful order of the court. You
can only use the recording for the case for which it was validly requested.
b. Information obtained in violation of the Act is inadmissible in evidence in
any hearing or investigation.

c. Gaanan v IAC

An extension phone is not one of those prohibited under RA 4200. There

must be either a physical interruption through the wiretap or the deliberate
installation of a device or arrangement in order to overhear, intercept or
record the spoken words. The extension phone was not installed for such
purpose.

ELEMENTS OF RECKLESS IMPRUDENCE: (365)

1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution on the part of the offender,
taking into consideration
1. his employment or occupation
2. degree of intelligence, physical condition, and
3. other circumstances regarding persons, time and place.

ELEMENTS OF SIMPLE IMPRUDENCE: (365)

1. That there is lack of precaution on the part of the offender.
2. That the damage impending to be caused in not immediate or the danger is
not clearly manifest.
Notes:
1) Art.64 on mitigating and aggravating circumstances not applicable.

2) Failure to lend on the spot assistance to victim of his negligence:penalty

next higher in degree.

3) Abandoning usually punishable under Art 275, if charged under Art365 is

only qualifying and if not alleged cannot even be an aggravating
circumstance.

4) Contributory negligence—not a defense, only mitigating

Last clear chance doctrine –

The contributory negligence of the injured party will no t 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

Emergency rule-

An automobile driver, who, by the negligence of another, is suddenly placed

in an emergency and compelled to act instantly to avoid a collision or injury
is not guilty of negligence if he makes a choice which a person of ordinary
prudence placed in such a position might make even though he did not make
the wisest choice.

P v Cano

Negligence is a quasi-offense. What is punished is not the effect of the

negligence but the recklessness of the accused.

P v Carillo

13 yr old girl dies 3 days after surgery due to an overdose of Nubain which
triggered a heart attack that caused brain damage. HELD: Guilty of simple
negligence resulting to homicide. Carillo was the anesthesiologist, he and
his co-accused failed to monitor and provide close patient care, to inform
the parents of the child’s true condition, to prove that they exercised
necessary and appropriate degree of care and diligence to prevent the
condition.

Buearano v CA

Conviction of the accused in the charge of slight and less serious physical
injuries through reckless imprudence constitutes double jeopardy to the
charge of the crime of damage to property through reckless imprudence.