b.

Article 115 – Conspiracy and Proposal to

TABLE OF CONTENTS Commit Treason ....................................... 110
CRIMINAL LAW I .......................................... 1 c. Article 116 – Misprision of Treason ... 110
d. Article 117 – Espionage ....................... 111
I. GENERAL PRINCIPLES ................................ 2 Espionage vs. Treason ............................. 111
A. Mala in Se and Mala Prohibita......................2 SECTION 2. Provoking War and Disloyalty
B. Applicability and Effectivity of the RPC 3 in Case of War .......................................... 112
C. Interpretation of Penal Laws .................. 7 e. Article 118 – Inciting to War or Giving
D. Retroactive Effect of Penal Laws .......... 7 Motives for Reprisals................................ 112
II. FELONIES ....................................................... 9 f. Article 119 - Violation of Neutrality.... 112
A. Criminal Liabilities and Felonies ..................9 g. Article 120 – Correspondence with
1. Classification of Felonies (Grave, Less Hostile Country ........................................ 112
Grave, and Light Felonies) .......................... 9 h. Article 121 – Flight to Enemy’s Country
2. Abberatio Ictus, Error in Personae, and .................................................................... 112
Praeter Intentionem ................................... 10 i. Article 122 – Piracy in General and Mutiny
3. Impossible Crimes.................................. 11 on the High Seas or in Philippine Waters
4. Stages of Execution................................ 12 .................................................................... 113
5. Continuing Crimes ................................. 15 j. Article 123 – Qualified Piracy............... 114
6. Complex Crimes and Composite Crimes B. CRIMES AGAINST THE FUNDAMENTAL
[Art. 48] ....................................................... 16 LAW OF THE STATE [ARTS. 124 - 133] ..... 115
B. Circumstances Affecting Criminal Liability 1. Chapter I: Arbitrary Detention or Expulsion,
............................................................................17 Violation of Dwelling, Prohibition,
1. Justifying Circumstances ........................ 17 Interruption, and Dissolution of Peaceful
2. Exempting Circumstances [Art. 12]...... 22 Meetings and Crimes Against Religious
3. Mitigating Circumstances [Art. 13] ....... 27 Worship .......................................................... 115
4. Aggravating Circumstances [Art. 14] .... 33 SECTION 1 – Arbitrary Detention or
6. Absolutory Causes.................................. 54 Expulsion .................................................. 115
C. Persons Liable and Degree of Participation a. Article 124 - Arbitrary Detention ........ 115
............................................................................56 b. Article 125 - Delay in the Delivery of
1. Principals, Accomplices, and Accessories Detained Persons to the Proper Judicial
...................................................................... 56 Authorities................................................. 115
D. Penalties .......................................................70 c. Article 126 - Delaying Release ............. 116
1. Imposable Penalties................................ 70 d. Article 127 – Expulsion ....................... 116
2. Classification ........................................... 70 e. Article 128 – Violation of Domicile.... 117
3. Duration and Effects ............................. 70 f. Article 129 - Search Warrants Maliciously
4. Application and Graduation of Penalties Obtained and Abuse in the Service of those
...................................................................... 75 Legally Obtained ....................................... 118
5. Accessory Penalties ................................ 79 g. Article 130 - Searching Domicile Without
6. Subsidiary Imprisonment....................... 81 Witnesses ................................................... 119
E. Execution and Service of Penalties ............82 Crimes under Section Two - Violation of
1. Three-Fold Place .................................... 83 Domicile, Distinguished................................ 119
2. Probation Law [P.D. 968, As Amended by SECTION 3 – Prohibition, Interruption and
R.A. 10707] ................................................. 84 Dissolution of Peaceful Meetings ........... 119
3. Juvenile Justice and Welfare Act (R.A. h. Article 131 - Prohibition, Interruption and
9344, As Amended) .................................... 88 Dissolution of Peaceful Meetings ........... 119
F. Extinction of Criminal Liabilities (As SECTION 4 - Crimes Against Religious
Amended by R.A. No. 10592) .........................95 Worship ..................................................... 120
1. Total Extinction ..................................... 95 i. Article 132 - Interruption of Religious
2. Partial Extinction.................................... 99 Worship ..................................................... 120
G. Civil Liabilities Arising from Criminal Cases j. Article 133 - Offending the Religious
..........................................................................101 Feelings ...................................................... 120
CRIMINAL LAW 2 ...................................... 107 C. CRIMES AGAINST PUBLIC ORDER
A. CRIMES AGAINST NATIONAL [ARTS. 134 - 160] ............................................... 121
SECURITY AND THE LAW OF NATIONS 1. Chapter I: Rebellion, Coup d’etat, Sedition,
[ARTS. 114-123] ................................................. 108 and Disloyalty................................................. 121
1. Chapter I: Crimes against National Security a. Article 134 - Rebellion or Insurrection121
..........................................................................108 b. Article 134-A - Coup d’État ................ 122
a. Article 114 - Treason ........................ 108 c. Art 135 - Penalty for Rebellion,
Insurrection or Coup d’état ..................... 122
 d. Article 136 - Conspiracy and Proposal to b. Article 158 - Evasion of Service of
Commit Coup d’état, Rebellion or Sentence on the Occasion of Disorders,
Insurrection............................................... 123 Conflagrations, Earthquakes, or Other
e. Article 137 - Disloyalty of Public Officers Calamities .................................................. 134
or Employees ............................................ 123 c. Article 159 - Other Cases of Evasion of
f. Article 138 - Inciting to Rebellion or Service of Sentence................................... 134
Insurrection............................................... 123 7. Chapter VII: Commission of Another Crime
g. Article 139 – Sedition........................... 124 During Service of Penalty Imposed for Another
h. Art. 140 - Penalty for sedition ............. 125 Previous Offense ........................................... 135
i. Article 141 - Conspiracy to Commit a. Article 160 - Commission of another crime
Sedition...................................................... 125 during service of penalty imposed for
j. Article 142 - Inciting to Sedition.......... 125 another previous offense - Penalty ......... 135
2. Chapter II: Crimes against Popular
D. CRIMES AGAINST PUBLIC INTEREST
Representation ................................................126
[ARTS. 161 - 187] ............................................... 137
SECTION 1. Crimes against Legislative
1. Chapter I: Forgeries................................... 137
Bodies and Similar Bodies ....................... 126
SECTION 1. Forging The Seal of The
a. Article 143 - Acts Tending to Prevent the
Government of The Philippine Islands, the
Meeting of the Assembly and Similar Bodies
Signature or Stamp of the Chief Executive
.................................................................... 126
.................................................................... 137
b. Article 144 - Disturbance of Proceedings
1. Acts of Counterfeiting ......................... 137
.................................................................... 126
a. Article 161 – Counterfeiting the Great Seal
SECTION 2. Violation of Parliamentary
of the Government of the Philippine Islands,
Immunity ................................................... 127
Forging the Signature or Stamp of the Chief
c. Article 145 - Violation of Parliamentary
Executive ................................................... 137
Immunity ................................................... 127
b. Article 162 – Using Forged Signature or
3. Chapter III: Illegal Assemblies and
Counterfeit Seal or Stamp ........................ 137
Associations ....................................................128
SECTION 2. Counterfeiting Coins ........ 137
a. Article 146 - Illegal Assemblies ........... 128
c. Article 163 – Making and Importing and
b. Article 147 - Illegal Associations......... 128
Uttering False Coins ................................. 137
4. Chapter IV: Assault upon, and Resistance and
d. Article 164 – Mutilation of Coins ....... 137
Disobedience to Persons in Authority and Their
e. Article 165 – Selling of False or Mutilated
Agents..............................................................129
Coin, without Connivance ....................... 138
a. Article 148 - Direct Assaults ................ 129
SECTION 3. Forging Treasury or Bank
b. Article 149 - Indirect Assaults ............. 130
Notes, Obligations and Securities; Importing
c. Article 150 - Disobedience to summons
and Uttering False or Forged Notes,
issued by the National Assembly, its
Obligations and Securities........................ 139
Committees or Subcommittees, or divisions
f. Article 166 – Forging Treasury or Bank
.................................................................... 130
Notes or Other Documents Payable to
d. Article 151 - Resistance and Disobedience
Bearer; Importing and Uttering Such False
to a Person in Authority or the Agents of
or Forged Notes and Documents ........... 139
Such Person .............................................. 130
g. Article 167 – Counterfeiting, Importing,
e. Article 152 - Persons in authority and
and Uttering Instruments Not Payable to
agents of persons in authority ................. 131
Bearer ......................................................... 139
5. Chapter V: Public Disorders .....................131
2. Acts of Forgery ..................................... 139
a. Article 153 - Tumults and Other
h. Article 168 – Illegal Possession and Use of
Disturbances of Public Order Acts
False Treasury or Bank Notes and Other
Punishable: [SIODB] ............................... 131
Instruments of Credit ............................... 139
b. Article 154 - Unlawful Use of Means of
i. Article 169 – How Forgery is Committed
Publication and Unlawful Utterances ..... 132
.................................................................... 140
c. Article 155 - Alarms and Scandals ...... 132
Section 4. Falsification of Legislative, Public,
d. Article 156 - Delivering Prisoners from Jail
Commercial, and Private Documents and
.................................................................... 132
Wireless, Telegraph and Telephone Messages
6. Chapter VI: Evasion of Service of Sentence
......................................................................... 140
..........................................................................133
3. Acts of Falsification.............................. 140
Evasion of Service of Sentence vs. Evasion
j. Article 170 – Falsification of Legislative
of Service of Sentence on the Occasion of
Documents ................................................ 140
Calamities vs. Other Cases of Evasion ... 133
k. Article 171 – Falsification by Public
a. Article 157 - Evasion of Service of
Officer, Employee or Notary or
Sentence .................................................... 134
Ecclesiastical Minister .............................. 140
 l. Article 172 – Falsification by Private [REPEALED] e. Article 189 – Unfair
Individual and Use of Falsified Documents Competition and Fraudulent Registration of
.................................................................... 142 Trade-mark or Trade-name. .................... 150
m. Article 173 – Falsification of Wireless,
[REPEALED] - CRIMES RELATIVE TO
Cable, Telegraph and Telephone Messages,
OPIUM AND OTHER PROHIBITED DRUGS
and Use of Said Falsified Messages......... 145
.............................................................................. 150
SECTION 5. Falsification of Medical
Certificates, Certificates of Merit Or Service F. CRIMES AGAINST PUBLIC MORALS
and The Like ............................................. 145 [ARTS. 194 - 202] ............................................... 151
n. Article 174 – False Medical Certificates, 1. Chapter I: Gambling and Betting ............. 151
False Certificates of Merits of Service, Etc. a. PD. 1602 (Anti-Gambling Law) as amended
.................................................................... 145 by RA 9287 [Anti-Illegal Numbers Games Law]
o. Article 175 – Using False Certificates. 145 ......................................................................... 151
SECTION 6. Manufacturing, Importing f. Article 199 – Illegal Cockfighting
And Possession of Instruments or [amended by PD 449]............................... 151
Implements Intended for the Commission b. RA 9287: INCREASING THE PENALTY
of Falsification .......................................... 146 FOR ILLEGAL NUMBERS GAMES ....... 152
p. Article 176 – Manufacturing and Illegal Numbers Game ............................. 152
Possession of Instruments or Implements c. Article 196 – Importation, Sale and
for Falsification ......................................... 146 Possession of Lottery Tickets and
2. Chapter II: Other Falsities .........................146 Advertisements ......................................... 153
SECTION 1. Usurpation of Authority, d. Article 197 – Betting in Sports Contests
Rank, Title, and Improper Use of Names, (Repealed by PD 483) .............................. 153
Uniforms and Insignia ............................. 146 PD 483 - PENALIZING BETTING,
a. Article 177 – Usurpation of Authority or GAME FIXING OR POINT-SHAVING
Official Functions..................................... 146 AND MACHINATIONS IN SPORT
b. Article 178 – Using Fictitious and CONTESTS.............................................. 153
Concealing True Name ............................ 146 e. Article 198 – Illegal Betting On Horse
c. Article 179 – Illegal Use of Uniforms and Races [Repealed by Act. 309, as amended by
Insignia ...................................................... 147 RA 983]...................................................... 153
SECTION 2. False Testimony ................ 147 f. Article 199 – Illegal Cockfighting
d. Article 180 – False Testimony Against a [amended by PD 449]............................... 154
Defendant ................................................. 147 2. Chapter II: Offenses Against Decency and
e. Article 181 – False Testimony Favorable Good Customs............................................... 155
to the Defendant ...................................... 148 a. Article 200 – Grave Scandal ................ 155
f. Article 182 – False Testimony in Civil b. Article 201 – Immoral Doctrines,
Cases .......................................................... 148 Obscene Publications and Exhibitions and
g. Article 183 – False Testimony in Other Indecent Shows (as amended by PD 960 and
Cases and Perjury in Solemn Affirmation 969) ............................................................ 155
.................................................................... 148 c. Article 202 – Vagrants and Prostitutes (as
h. Article 184 – Offering False Testimony in amended by RA 10158) ............................ 156
Evidence.................................................... 149
G. CRIMES COMMITTED BY PUBLIC
3. Chapter III: Frauds ....................................149
OFFICERS [ARTS. 203 - 245] ......................... 158
SECTION 1. Machinations, Monopolies
1. Chapter I: Preliminary Provisions ............ 158
and Combinations .................................... 149
a. Article 203 – Who Are Public Officers
a. Article 185 – Machinations in Public
.................................................................... 158
Auctions .................................................... 149
2. Chapter II: Malfeasance and Misfeasance in
b. [REPEALED] Article 186 – Monopolies
Office .............................................................. 158
and Combinations in Restraint of Trade 149
SECTION 1. Dereliction of Duty .......... 158
SECTION 2. Frauds in Commerce and
a. Article 204 – Knowingly Rendering Unjust
Industry ..................................................... 149
Judgment; and ........................................... 158
c. Article 187 – Importation and Disposition
b. Article 205 – Judgment Rendered
of Falsely Marked Articles or Merchandise
Through Negligence ................................. 158
Made of Gold, Silver, or other Precious
c. Article 206 – Unjust Interlocutory Order
Metals or their Alloys ............................... 149
.................................................................... 159
[REPEALED] d. Article 188 – Substituting
d. Article 207 – Malicious Delay in the
and Altering Trade-marks and Trade-names
Administration of Justice ......................... 159
.................................................................... 150
Elements [JP-DeM]: ................................. 159
 e. Article 208 – Prosecution of Offenses; SECTION 1. Disobedience, Refusal of
Negligence and Tolerance ....................... 160 Assistance, and Maltreatment Of Prisoners
f. Article 209 – Betrayal of Trust by an .................................................................... 176
Attorney or a Solicitor – Revelation of a. Article 231 – Open Disobedience ....... 176
Secrets........................................................ 160 b. Article 232 – Disobedience to the Order
SECTION 2. Bribery ............................... 162 of Superior Officer When Said Order Was
g. Article 210 – Direct Bribery ................ 162 Suspended by Inferior Officer................. 176
h. Article 211 – Indirect Bribery ............. 164 c. Article 233 – Refusal of Assistance ..... 176
i. Article 211-A – Qualified Bribery ........ 164 d. Article 234 – Refusal to Discharge
j. Article 212 – Corruption of Public Elective Office .......................................... 176
Officials ..................................................... 165 e. Article 235 – Maltreatment of Prisoners
3. Chapter III: Frauds and Illegal Exactions and .................................................................... 176
Transactions ....................................................166 SECTION 2. Anticipation, Prolongation,
a. Article 213 – Fraud Against the Public and Abandonment of the Duties and Powers
Treasury and Similar Offenses ................ 166 of Public Office ........................................ 178
b. Article 214 – Other Frauds ................. 168 f. Article 236 – Anticipation of Duties of a
c. Art. 215 – Prohibited Transactions..... 168 Public Officer............................................ 178
d. Article 216 – Possession of Prohibited g. Article 237 – Prolonging Performance of
Interest by a Public Officer ..................... 168 Duties and Powers.................................... 178
4. Chapter IV: Malversation of Public Funds or h. Article 238 – Abandonment of Office or
Property ...........................................................168 Position...................................................... 178
a. Article 217 – Malversation of Public Funds SECTION 3. Usurpation of Powers and
or Property - Presumption of Malversation Unlawful Appointments........................... 179
.................................................................... 168 i. Article 239 – Usurpation of Legislative
b. Article 218 – Failure of Accountable Powers ....................................................... 179
Officer to Render Accounts .................... 170 j. Article 240 – Usurpation of Executive
c. Article 219 – Failure of a Responsible Functions................................................... 179
Public Officer to Render Accounts Before k. Article 241 – Usurpation of Judicial
Leaving the Country................................. 171 Functions................................................... 179
d. Article 220 – Illegal Use of Public Funds l. Article 242 – Disobeying Request for
or Property ................................................ 171 Disqualification ......................................... 179
e. Article 221 - Failure to Make Delivery of m. Article 243 – Orders or Request by
Public Funds or Property......................... 171 Executive Officer to Any Judicial Authority
f. Article 222 – Officers Included in the .................................................................... 180
Preceding Provisions ................................ 172 n. Article 244 – Unlawful Appointments 180
o. Article 245 – Abuses Against Chastity 180
5. Chapter V: Infidelity of Public Officers ....... 172
SECTION 1. Infidelity in the Custody Of H. CRIMES AGAINST PERSONS [ARTS. 246 -
Prisoners.................................................... 172 266-D].................................................................. 182
a. Article 223 – Conniving With or 1. Chapter I: Destruction of Life.................. 182
Consenting to Evasion............................. 172 SECTION 1. Parricide, Murder, Homicide
b. Article 224 – Evasion through Negligence .................................................................... 182
.................................................................... 173 a. Article 246 – Parricide .......................... 182
c. Article 225 – Escape of Prisoner under the b. Article 247 – Death or Physical Injuries
Custody of a Person Not a Public Officer Under Exceptional Circumstances .......... 182
.................................................................... 173 c. Article 248 – Murder ............................ 183
SECTION 2. Infidelity in the Custody Of d. Article 249 – Homicide........................ 184
Documents................................................ 173 e. Article 250 - Penalty for Frustrated
d. Article 226 – Removal, Concealment, or Parricide, Murder or Homicide ............... 184
Destruction of Documents...................... 173 f. Article 251 - Death Caused in Tumultuous
e. Article 227 – Officer Breaking Seal .... 174 Affray ......................................................... 185
f. Article 228 – Opening of Closed g. Article 252 - Physical Injuries Caused in
Documents................................................ 174 Tumultuous Affray ................................... 185
g. Article 229 – Revelation of Secrets by an h. Article 253 - Giving Assistance to Suicide
Officer ....................................................... 175 .................................................................... 185
h. Article 230 – Public Officers Revealing i. Article 254 - Discharge of Firearms..... 186
Secrets of Private Individuals .................. 175 If Offended Party is Hit and Wounded .. 186
SECTION 2. Infanticide and Abortion . 186
6. Chapter VI: Other Offenses or Irregularities by
j. Article 255 – Infanticide ....................... 187
Public Officers .................................................... 176
k. Article 256 - Intentional Abortion ...... 187
 l. Article 257 - Unintentional Abortion .. 188 f. Article 280 - Qualified Trespass to
m. Article 258 - Abortion Practiced by the Dwelling .................................................... 208
Woman Herself or by Parents ................. 188 g. Article 281 - Other Forms of Trespass
n. Article 259 - Abortion by a Physician or .................................................................... 209
Midwife and Dispensing of Abortives.... 189 SECTION 3. Threats and Coercion ....... 209
SECTION 3. Duel ................................... 189 h. Article 282 - Grave Threats ................. 209
o. Article 260 - Responsibility of Participants Third Type of Grave Threats .................. 210
in a Duel .................................................... 189 i. Article 283 - Light Threats.................... 210
p. Article 261 - Challenging to a Duel .... 190 j. Article 284 - Bond for Good Behavior 211
2. Chapter II: Physical Injuries ......................190 k. Article 285 – Other Light Threats ...... 211
a. Article 262 – Mutilation ....................... 190 l. Article 286 - Grave Coercions .............. 211
b. Article 263 - Serious Physical Injuries 190 m. Article 287 - Light Coercions ............. 212
c. Article 264 - Administering Injurious n. Article 288 - Other Similar Coercions 213
Substances or Beverages .......................... 192 o. Article 289 - Formation, Maintenance, and
d. Article 265 - Less Serious Physical Injuries Prohibition of Combination of Capital or
.................................................................... 192 Labor through Violence or Threats (repealed
e. Article 266 - Slight Physical Injuries and by Labor Code) place labor code provision
Maltreatment ............................................. 192 which repealed .......................................... 213
3. Chapter III : Rape ......................................193 3. Chapter III: Discovery and Revelation of
a. Article 266 - A – Rape (as amended by RA Secrets ............................................................. 214
8353) .......................................................... 193 a. Article 290 - Discovering Secrets through
b. Article 266 - B – Qualified Rape......... 197 Seizure of Correspondence...................... 214
c. Art. 266 - C - Effect of Pardon ........... 198 b. Article 291 - Revealing Secrets with Abuse
d. Art. 266 - D - Presumptions ............... 198 of Office .................................................... 214
c. Article 292 - Revelation of Industrial
I. CRIMES AGAINST PERSONAL LIBERTY
Secrets ........................................................ 215
AND SECURITY [ARTS. 267 - 292] .............. 199
1. Chapter I: Crimes Against Liberty ............199 J. CRIMES AGAINST PROPERTY [ARTS. 293 -
SECTION 1. Illegal Detention ............... 199 332] ...................................................................... 216
a. Article 267 - Kidnapping and Serious 1. Chapter I: Robbery in General ................. 216
Illegal Detention ....................................... 199 a. Article 293 – Who Are Guilty of Robbery
b. Article 268 - Slight Illegal Detention .. 200 .................................................................... 216
c. Article 269 - Unlawful Arrest .............. 201 SECTION 1. Robbery with Violence
SECTION 2. Kidnapping of Minors ..... 201 Against or Intimidation of Persons......... 217
d. Article 270 - Kidnapping and Failure to b. Article 294 – Robbery with Violence or
Return a Minor ......................................... 201 Intimidation of Persons ........................... 217
e. Article 271 - Inducing a Minor to Abandon c. Art. 295 – Robbery with Physical Injuries
His Home .................................................. 202 Committed in an Uninhabited Place and by
SECTION 3. Slavery and Servitude ....... 202 a Band or With the Use of a Firearm on a
f. Article 272 – Slavery ............................. 202 Street, Road or Alley ................................ 221
g. Article 273 - Exploitation of Child Labor d. Art. 296 – Definition of a Band and
.................................................................... 202 Penalty Incurred by the Members thereof
h. Article 274 - Services Rendered Under .................................................................... 221
Compulsion in Payment of Debt ............ 203 e. Article 297 – Attempted and Frustrated
2. Chapter II: Crimes Against Security .........204 Robbery Committed under Circumstances
SECTION 1. Abandonment of Helpless .................................................................... 222
Persons and Exploitation of Minors....... 204 f. Article 298 – Execution of Deeds by
a. Article 275 - Abandonment of Persons in Means of Violence or Intimidation ......... 222
Danger and Abandonment of Own Victim SECTION 2. Robbery By the Use of Force
.................................................................... 204 Upon Things ............................................. 222
b. Article 276 - Abandoning a Minor...... 204 g. Article 299 – Robbery in an Inhabited
c. Article 277 - Abandonment of Minor by House/Public Building or Edifice Devoted
Person Entrusted With Custody; to Worship ................................................ 223
Indifference of Parents ............................ 204 h. Article 300 – Robbery in an Uninhabited
d. Article 278 - Exploitation of Minors .. 205 Place and by a Band.................................. 224
Summary of Ages of Minors .........................207 i. Article 301 – What is an Inhabited House,
e. Article 279 – Additional Penalties for Public Building or Building Dedicated to
Other Offenses ......................................... 208 Religious Worship and Their Dependencies
SECTION 2. Trespass to Dwelling ........ 208 .................................................................... 224
 j. Article 302 – Robbery in an Uninhabited 1. Chapter I – Adultery and Concubinage... 245
Place or in a Private Building .................. 224 a. Article 333 – Adultery .......................... 245
k. Article 303 – Robbery of Cereals, Fruits, b. Article 334 – Concubinage .................. 246
or Firewood in an Uninhabited Place or Chapter II – Rape and Acts of Lasciviousness
Private Building ........................................ 225 ......................................................................... 247
l. Article 304 – Possession of Picklocks or a. Article 335 – When and How Rape is
Similar Tools ............................................. 225 Committed (repealed by RA No. 8353) .. 247
m. Article 305 – False Keys ..................... 225 b. Article 336 - Acts of Lasciviousness ... 247
3. Chapter III – Seduction, Corruption of
2. Chapter II: Brigandage ................................... 226
Minors and White Slave Trade ..................... 248
PD 532: Anti-Piracy and Anti-Highway
a. Article 337 - Qualified Seduction ........ 248
Robbery Law of 1974.....................................226
b. Article 338 - Simple Seduction ............ 250
a. Article 306 – Brigandage ...................... 226
c. Article 339 - Acts of Lasciviousness with
b. Article 307 – Aiding and Abetting a Band
the Consent of the Offended Party ........ 251
of Brigands ................................................ 227
d. Article 340 - Corruption of Minors (as
3. Chapter III: Theft.......................................227
amended by BP Blg. 92) ........................... 251
a. Article 308 – Who are Liable for Theft
e. Article 341 - White Slave Trade........... 252
.................................................................... 227
4. Chapter IV - Abduction........................... 252
b. Article 309 – Penalties ......................... 228
a. Article 342 - Forcible Abduction......... 252
c. Article 310 – Qualified Theft .............. 229
b. Article 343 - Consented Abduction .... 253
d. Article 311 – Theft of Property of the
5. Chapter V: Provisions Relating to the
National Library and National Museum. 230
Preceding Chapters of Title 11 ..................... 254
4. Chapter IV: Usurpation .............................230
a. Article 344 - Prosecution of Private
a. Article 312 – Occupation of Real Property
Offenses .................................................... 254
or Usurpation of Real Rights in Property
b. Article 345: Civil Liability of Persons
.................................................................... 230
Guilty of Crimes Against Chastity .......... 255
b. Article 313 – Altering Boundaries or
c. Article 346 – Liability of Ascendants,
Landmarks................................................. 231
Guardians, Teachers and Other Persons
5. Chapter V: Culpable Insolvency ...............231
Entrusted with the Custody of the Offended
a. Article 314 – Fraudulent Insolvency ... 231
Party ........................................................... 255
6. Chapter VI: Swindling and Other Deceits
..........................................................................231 L. CRIMES AGAINST THE CIVIL STATUS OF
a. Article 315 – Swindling or Estafa........ 231 PERSONS [ARTS. 347 - 352] ........................... 256
c. Article 317 – Swindling a Minor.......... 239 1. Chapter I: Simulation of Births and
d. Article 318 – Other Deceits ................ 240 Usurpation of Civil Status............................. 256
Chapter VII: Chattel Mortgage .....................240 a. Article 347 - Simulation of Births,
a. Article 319 - Removal, Sale, or Pledge of Substitution of One Child for Another, and
Mortgaged Property ................................. 240 Concealment or Abandonment of a
Chapter VIII : Arson and Other Crimes Legitimate Child........................................ 256
Involving Destruction ....................................240 b. Article 348 - Usurpation of Civil Status
a. Articles 320-326B (Initially repealed by PD .................................................................... 256
1613, but reinstated partially by P.D. 1744 2. Chapter II: Illegal Marriages ..................... 257
and further amended by RA 7659) ......... 240 a. Article 349 – Bigamy ............................ 257
Arson under PD 1613, as Terrorism ...... 242 Elements [LeNSEs]: ................................. 257
Chapter IX – Malicious Mischief ..................242 b. Article 350 - Marriage Contracted against
a. Art. 327 - Who are Liable for Malicious Provisions of Laws ................................... 258
Mischief ..................................................... 242 c. Article 351 - Premature Marriage
b. Art. 328 - Special Cases of Malicious (Repealed by RA No. 10655) ................... 258
Mischief [OP- CM]................................... 243 d. Article 352 - Performance of Illegal
c. Art. 329 – Other Mischiefs .................. 243 Marriage Ceremony .................................. 258
d. Art. 330 – Damage and Obstruction to
M. CRIMES AGAINST HONOR [ARTS. 353 -
Means of Communication ....................... 243
364] ...................................................................... 260
e. Art. 331 – Destroying or Damaging
1. Chapter I – Libel ....................................... 260
Statues, Public Monuments or Paintings 244
SECTION 1. Definition, Forms, And
10. Chapter X – Exemption from Criminal
Punishment of This Crime ...................... 260
Liability Against Property ..............................244
a. Article 353 - Libel ................................. 260
a. Art. 332 – Persons Exempt from Criminal
b. Art. 354 – Requirement of Publicity... 261
Liability ...................................................... 244
c. Art. 355 – Libel by Means of Writings or
K. CRIMES AGAINST CHASTITY [ARTS. 333 Similar Means ............................................ 263
- 346] .................................................................... 245
 d. Art. 356 – Threatening to Publish and VIII. ANTI-TORTURE ACT OF 2009 [SECS. 3
Offer to Prevent such Publication for a (A,B), 4 AND 5, R.A. 9745] .............................. 293
Compensation ........................................... 264
IX. ANTI-TRAFFICKING IN PERSONS ACT
e. Art. 357 – Prohibited Publication of Acts
OF 2003 [SECS. 3 TO 12, R.A. 9208] .............. 295
Referred to in the Course of Official
Proceedings ............................................... 264 X. ANTI-VIOLENCE AGAINST WOMEN
f. Art. 358 – Slander ................................. 265 AND THEIR CHILDREN ACT OF 2004 [SECS.
g. Art. 359 – Slander by Deed ................. 265 3, 5 AND 26, R.A. 9262] ................................... 301
SECTION 2. General Provisions ........... 266
XI. ANTI-WIRE TAPPING ACT [SECS. 1 TO 4,
h. Art. 360 – Persons Responsible for Libel
R.A. 4200]............................................................ 305
.................................................................... 266
i. Art. 361 – Proof of Truth ..................... 267 XII. BOUNCING CHECKS LAW [B.P. BLG.
j. Art. 362 – Libelous Remarks ................ 268 22] ........................................................................ 307
2. Chapter II – Incriminatory Machinations 268
XIII. COMPREHENSIVE DANGEROUS
a. Art. 363 – Incriminating Innocent Persons
DRUGS ACT OF 2002 [R.A. 9165 AS
.................................................................... 268
AMENDED BY R.A. 10640] ........................... 309
b. Art. 364 – Intriguing Against Honor .. 268
XIV. CYBERCRIME PREVENTION ACT OF
N. QUASI-OFFENSES .................................... 270
2012 [R.A. 10175] ............................................... 316
a. Art. 365 – Criminal Negligence ........... 270
PUNISHABLE ACTS .................................. 316
SPECIAL PENAL LAWS ............................ 272
XV. NEW ANTI-CARNAPPING ACT OF 2016
I. ANTI-CHILD PORNOGRAPHY ACT [SECS. 3 TO 4, R.A. 10883] .............................. 320
OF 2009 [SECS. 3 (A-C), 4 AND 5, R.A. 9775]
XVI. SPECIAL PROTECTION OF
273
CHILDREN AGAINST ABUSE,
Acts penalized by R.A. 9775 ..........................273
EXPLOITATION, AND DISCRIMINATION
Definition of Child .........................................273
ACT [SECS. 3 (A), 5 AND 10, R.A. 7610] ...... 321
Explicit Sexual activity ...................................273
XVII. SWINDLING BY SYNDICATE [P.D.
II. ANTI-FENCING LAW OF 1979 [SECS. 2 TO
NO. 1689] ........................................................... 325
6, P.D. 1612] ....................................................... 274
Fencing ............................................................274
Fence ......................................................... 274
Liability of Officials of Juridical Persons......274
Presumption of Fencing ................................274
Fencing v. Theft .............................................275
III. ANTI-GRAFT AND CORRUPT
PRACTICES ACT [R.A. 3019, AS AMENDED
BY R.A. 3047, P.D. 677, P.D. 1288, B.P. BLG. 195
AND R.A. 10910]............................................... 276
OFFENDERS COVERED BY R.A. 3019 .276
CORRUPT PRACTICES PENALIZED ....276
IV. ANTI-HAZING ACT OF 2018 [R.A. 8049,
AS AMENDED BY R.A. 11053] ..................... 281
Hazing .............................................................281
Prohibition on Hazing. ..................................281
V. ANTI-MONEY LAUNDERING ACT OF
2001 [R.A. 9160] ................................................. 283
Money Laundering Offense...........................283
Predicate Crimes / “Unlawful Activities” ....283
Jurisdiction of Money Laundering Cases .....284
Covered Persons [Sec 3 (a), R.A. 9160] ........285
Penalties...........................................................287
VI. ANTI-PHOTO AND VIDEO
VOYEURISM ACT OF 2009 [SECS. 3 AND 4,
R.A. 9995] ........................................................... 289
VII. ANTI-PLUNDER ACT [SECS. 1, 2 AND 6,
R.A. 7080, AS AMENDED BY R.A. 7659] .... 291
CRIMINAL LAW I
CRIMINAL LAW
CRIM1 CRIMINAL LAW
intent as a
I. GENERAL PRINCIPLES defense.
2. Accused
A. Mala in Se and Mala Prohibita has a
pending
Mala in Se Mala application
(“Evil in Prohibita for
Itself” (“Prohibited permanent
Evil”) permit to
A crime or an An act that is possess a
act that is considered a firearm
inherently crime [People v.
immoral, such because it is Mallari, G.R.
as murder, prohibited by No. L-58886
arson, or rape statute, (1988)].
[Black’s Law although the As to Criminal intent Criminal
Definition Criminal is necessary. intent is not
Dictionary, 9th act itself is
ed.]. not Intent as necessary.
necessarily an
immoral Element
[Black’s Law Taken into Not taken
Dictionary, account in into account;
As to
9th ed.]. determining the act is
Degree of
General Special Laws the penalty to punishable
Accom-
Rule: RPC be imposed. only when
plishment
consumma-
Exception: A ted.
crime is mala Taken into Not taken
in se, even if account in into account
As to
punishable determining in
Effect of
under a the imposable determining
As to Mitigating
special law, penalty. the
Laws and
when the acts imposable
Violated Aggrava-
are inherently penalty,
ting
immoral (e.g., unless
Circum-
plunder) provided for
stances
[Estrada v. by special
Sandiganbaya law.
n, G.R. No. Degree of Degree of
148560 As to participation participation
(2001)]. Degree of of each of each
Valid defense General Participa- offender is offender is
Rule: Not a tion taken into not taken into
valid defense account. account and
*Presuppo all who
Exceptions: ses more participated
1. Civilian than one in the act are
As to Use (1) punished to
guards acting
of Good offender the same
in good faith
Faith as a extent.
in carrying
Defense Principal, Only the
firearms with
no intention As to accomplice & principal is
of committing Persons accessory. liable.
an offense Criminally Penalty is
were able to Liable computed Penalty of
claim lack of based offenders is
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CRIM1 CRIMINAL LAW
whether he is same under Philippine
a principal whether they laws.
offender or acted as Crime is Philippines has
merely an mere punishable under primary but
accomplice or accompli-ces both US and concurrent
accessory. or accesso- Philippine laws. jurisdiction with the
ries. US.

There are No stages of Rules on Concurrent Jurisdiction [Art. V (3),

three stages: execution. VFA]
As to
attempted, General Rule: Philippine authorities shall have
Stages of
frustrated & the primary right to exercise jurisdiction over
Execution
consumma- offenses committed by United States
ted. personnel.
As to Penalties may There is no
Division be divided such division Exceptions:
of into degrees of penalties. a. If the offense was committed solely
Penalties and periods. against the property or security of the
United States.
B. Applicability and Effectivity of the b. If the offense was solely against the
property or person of United States
RPC
personnel.
c. If the offense arose out of any act or
1. Generality omission done in performance of
official duty.
General Rule:
Penal laws are obligatory on all persons who Note: The authorities of the Philippines and the
live or sojourn in Philippine territory, regardless United States shall notify each other of the
of nationality, gender, or other personal disposition of all cases in which both the
circumstances, subject to the principles of authorities of the Philippines and the United
public international law and to treaty States have the right to exercise jurisdiction.
stipulations [Art. 14, NCC].
Offenses Relating to Security for purposes
Exceptions: of the VFA [Art. V (2)(c), VFA]
a. Treaty Stipulations a. Treason
b. Laws of Preferential Application b. Sabotage
c. Principles of Public International Law c. Espionage
d. Warship Rule d. Violation of any law relating to national
defense
a. Treaty Stipulations [Arts. 2 and 14,
NCC] Waiver of Jurisdiction
The Visiting Forces Agreement (VFA) signed The authorities of either government may
on Feb. 10, 1988 is an agreement between the request the authorities of the other government
Philippine and US Government regarding the to waive their primary right to exercise
treatment of US Armed Forces visiting the jurisdiction in a particular case.
Philippines.
General Rule: Philippine authorities will, upon
Rules on Jurisdiction under the VFA request by the United States, waive their
Crime Jurisdiction primary right to exercise jurisdiction.
Crime is Philippines has
punishable under exclusive Exceptions: In cases of particular importance
Philippine laws, but jurisdiction. to the Philippines, for example, crimes
not under US laws. punishable under:
Crime is US has exclusive a. R.A. 7659 (Heinous crimes)
punishable under jurisdiction. b. R.A. 7610 (Child Abuse cases)
US laws, but not c. R.A. 9165 (Dangerous Drugs cases)
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CRIM1 CRIMINAL LAW
b. Laws of Preferential Application [Art. f. Plenipotentiary [Art. 14, Vienna
2, NCC] Convention on Diplomatic Relations]
RA No. 75 penalizes acts which would impair
the proper observance by the Republic and Who are Not Exempt [CVC]
inhabitants of the Philippines of the immunities, a. Consuls
rights, and privileges of duly accredited foreign b. Vice-consuls
diplomatic representatives in the Philippines. c. Other Commercial representatives of
foreign nations who do not possess
Rules on Jurisdiction [Secs. 4 to 5, R.A. 75] such status and cannot claim the
General Rule: The following persons are privileges and immunities accorded to
exempt from arrest and imprisonment, and ambassadors and ministers [Sec. 249,
their properties exempt from distraint, seizure Wheaton, International Law].
and attachment [AMS]:
a. Ambassadors Condition for Immunity to Apply
b. Public Ministers Diplomatic immunity only applies when the
c. Domestic Servants of ambassadors or diplomatic officer is engaged in the
ministers performance of his official functions [Minucher
v. Court of Appeals, G.R. No. 142396 (2003)].
Exceptions: If the writ or process sued out or
prosecuted is [PhDs]: d. Warship Rule
a. Against a person who is a citizen or
inhabitant of the Philippines, A warship of another country, even though
provided: docked in the Philippines, is considered an
i. The person is in the service of extension of the territory of its respective
an ambassador or a public country [Art. 27, United Nations Convention on
minister; and the Laws of the Sea].
ii. Process is founded upon a
debt contracted before he 2. Territoriality
entered upon such service.
b. Against the Domestic Servant of an General Rule:
ambassador or a public minister, Penal laws of the country have force and effect
provided: only within its territory. It cannot penalize
i. The name of the servant has crimes committed outside its territory.
been registered in the
Department of Foreign Affairs Scope of Territory
(DFA), and transmitted by the The territory of the country is not limited to the
Secretary of Foreign Affairs to land where its sovereignty resides but includes
the Chief of Police of the City of also its maritime and interior waters as well as
Manila; but its atmosphere [Art. 2, RPC].
ii. The registration was only made
after the writ or process has Theory on Aerial Jurisdiction – Absolute
been issued or commenced. Theory
The subjacent state has complete jurisdiction
Note: R.A. No. 75 is not applicable when the over the atmosphere above it subject only to
foreign country adversely affected does not the innocent passage by aircraft of a foreign
provide similar protection to our diplomatic country.
representatives [Sec. 7, R.A. No. 75].
If the crime is committed in an aircraft, no
c. Principles of Public International Law matter how high, as long as it is within the
Philippine atmosphere, Philippine criminal law
Who are Exempt [SCAMMP] will govern. The Philippines has complete and
a. Sovereigns and other heads of state exclusive sovereignty over the airspace above
b. Charges d’ affaires its territory [Art. 1, Convention on International
c. Ambassadors Civil Aviation].
d. Ministers
e. Minister resident
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Exceptions [SCIONS] [Art. 2, RPC]: b. Forging/Counterfeiting of Coins or
a. Crimes committed while on a Philippine Currency Notes in the Philippines [Art.
Ship or airship 2 (2), RPC]
b. Forging/Counterfeiting of Coins or
Currency Notes in the Philippines Forgery
c. Introduction of #2 into the country Committed by giving a treasury or bank note or
d. Offenses committed by public officers any instrument payable to bearer or to order
or employees in the exercise of their the appearance of a true genuine document or
functions by erasing, substituting, counterfeiting or
e. Crimes against National Security and altering, by any means, the figures, letters,
the law of nations, defined in Title One words, or signs contained therein [Art. 169,
of Book Two of this Code RPC].

a. Crimes committed aboard a c. Introduction of Forged/Counterfeited

Philippine ship or airship [Art. 2 (1), Obligations and Securities in the
RPC] Country [Art. 2 (3), RPC]
Requisites: Those who introduced the counterfeit items are
a. Crime is committed while the ship is criminally liable even if they were not the ones
treading in: who counterfeited the obligations and
i. Philippine waters securities. On the other hand, those who
(intraterritorial), or counterfeited the items are criminally liable
ii. The high seas (extraterritorial). even if they did not introduce the counterfeit
b. The ship or airship must not be within items.
the territorial jurisdiction of another
country.
d. When Public Officers or Employees
c. The ship or airship must be registered
in the Philippines under Philippine laws Commit an Offense in the Exercise of
[US v. Fowler, G.R. No. 496 (1902)]. their Functions [Art. 2 (4), RPC]

Difference between jurisdiction of Merchant Crimes committed in the exercise of their

Vessels and Foreign Warships Merchant functions
Vessels (applying English Rule) a. Direct bribery [Art. 210]
Acts committed on a merchant vessel within b. Qualified Bribery [Art. 211-A]
the territorial limits of the Philippines are c. Indirect bribery [Art. 211]
subject Philippine penal laws if they breach d. Corruption [Art. 212]
public order [People v. Wong Cheng, G.R. No. e. Frauds against the public treasury [Art.
L-18924 (1922)] and local courts are not 213]
deprived of jurisdiction over offenses on board f. Possession of prohibited interest [Art.
a merchant vessel if they disturb the order of 216]
the country [US v. Bull, G.R. No. L-5270 g. Malversation of public funds or
(1910)]. property [Art. 217]
h. Failure to render accounts [Art. 218]
Foreign Warships are reputed to be the i. Illegal use of public funds or property
territory of the country to which they belong and [Art. 220]
are not subject to the laws of another state [US j. Failure to make delivery of public funds
v. Fowler, G.R. No. L-496 (1902)]. or property [Art. 221]
• Nationality of Vessel – determined by k. Falsification by a public officer or
the country of registry and not its employee by abuse of his official
ownership. position [Art. 171]
• Example: A Filipino-owned vessel l. Crimes committed in relation to the
registered in China must fly the performance of a public officer or
Chinese flag. employee of his/her duties in a foreign
country.

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CRIM1 CRIMINAL LAW
Embassy d. Commit said crimes directly against the
Embassy grounds are considered as Philippine Government. [Sec. 58, R.A.
extensions of the sovereignty of the country No. 9372].
occupying them [Minucher v. Court of Appeals,
G.R. No. 142396 (1992)]. Anti-Terrorism Act of 2020
Repealed the Human Security Act of 2007.
e. Crimes against National Security and Sec. 49 of the Anti-Terror Law now provides
the Law of Nations [Art. 2 (5), RPC] that extraterritoriality shall apply to [OTSECG]:
a. Filipino Citizens or Nationals
Crimes against national security Who commit any of the acts defined
a. Treason [Art. 114] and penalized under Sec. 4–12 of this
b. Conspiracy and proposal to commit Act Outside the territorial jurisdiction of
treason [Art. 115] the Philippines;
c. Misprision of treason [Art. 116] b. Individual Persons, although
d. Espionage [Art. 117] physically outside the territorial
e. Terrorism [R.A. 9372] limits of the Philippines – who
commit any of the said crimes:
Crimes against the law of nations a. Inside the Territorial limits of
a. Inciting to war or giving motives for the Philippines;
reprisals [Art.118] b. On board Philippine Ship or
b. Violation of neutrality [Art. 119] Philippine airship;
c. Correspondence with hostile country c. Within any Embassy,
[Art. 120] consulate, or diplomatic
d. Flight to enemy’s country [Art.121] premises belonging to or
e. Piracy in general and mutiny on the occupied by the Philippine
high seas or in Philippine waters [Art. government in an official
122] capacity;
f. Terrorism [R.A. 9372] d. Against Philippine Citizens or
persons of Philippine descent,
Note: Crimes against public order (e.g., where their citizenship or
rebellion, coup d’etat, sedition) committed ethnicity was a factor in the
abroad is under the jurisdiction of the host commission of the crime; and
country. e. Directly against the Philippine
Government.
Human Security Act
Sec. 58: Subject to the provision of an existing Specific Rule for Aliens:
treaty of which the Philippines is a signatory If the individual who committed said crimes
and to any contrary provision of any law of outside the territorial limits of the Philippines is
preferential application, the provisions of this neither a citizen nor a national, the Philippines
Act shall apply to individuals who although shall exercise jurisdiction only when such
physically outside the territorial limits of individual enters or is inside the territory of the
the Philippines [TSCG]: Philippines.
a. Commit, conspire or plot to commit any
of the crimes defined and punished in In the absence of any request for extradition or
this Act inside the Territorial limits of denial thereof, from the State where the crime
the Philippines; was committed or where such alien was a
b. Commit any of the said crimes on citizen or national, the Anti-Terrorism Council
board Philippine Ship or Philippine (ATC) shall refer the case to the:
airship; a. Bureau of Immigration (BI) for
c. Commit said crimes against Philippine deportation; or
Citizens or persons of Philippines b. Department of Justice (DOJ) for
descent, where their citizenship or prosecution ...in the same manner as if
ethnicity was a factor in the the act constituting the offense had
commission of the crime; and been committed in the Philippines
[Sec. 49, RA No. 11479].

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3. Prospectivity Effects of Repeal:
Partial/
Absolute/
No felony shall be punishable by any penalty Relative
Total Repeal
not prescribed by law prior to its commission Repeal
[Art. 21, RPC]. Nature of Crime Crime
Repeal punished by punished
Without prejudice to Art. 22, felonies and repealed law is under the
misdemeanors, committed prior to the decriminalized/ repealed
effectivity of the RPC, shall be punished in no longer law
accordance with the Code or Acts in force at punishable, so continues to
the time of their commission [Art. 366, RPC]. it is be a crime.
obliterated.
C. Interpretation of Penal Laws
Example:
Equipoise Doctrine When the
When the evidence of the prosecution and the repealing law
defense are equally balanced, the scale should fails to
be tilted in favor of the accused, according to penalize the
the constitutional presumption of innocence offense under
[Tin v. People, G.R. No. 126480 (2001)]. the old law.
Effect as Pending cases If repeal is
Spanish Text of the RPC Prevails over its to Pending are dismissed favorable to
English Translation Cases and unserved the
In the construction or interpretation of the penalties are accused,
provision of the RPC, the Spanish text is remitted. repealing
controlling, because it was approved by the law must be
Philippine Legislature in its Spanish text applied
[People v. Manaba, G.R. No. L-38725 (1933)]. except
when
reservation
D. Retroactive Effect of Penal Laws in the law
states it
General Rule: does not
No felony shall be punishable by any penalty apply to
not prescribed by law prior to its commission pending
[Art. 21, RPC]. cases.
Effect Offenders are The more
Exception: when entitled to lenient law
Insofar as they favor the person guilty of a Sentence release. must be
felony although at the time of the publication of is Already applied
such laws, a final sentence has been Being except
pronounced and the convict is serving the Served when: (1)
same [Art. 22, RPC]. reservation
exists in
Exceptions to the Exception: law; or (2)
1. The new law is expressly made when
inapplicable to pending actions or offender is
existing cause of actions; and a habitual
2. The offender is a habitual criminal. criminal.
Rationale:
Effects of Amendment:
The punishability of an act must be reasonably
Amendment Effect
known for the guidance of society. [People v.
Makes penalty New law applies
Jabinal, G.R. No. L-300661 (1974)].
lighter (see Exception
above)

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Makes penalty Law in force at the
heavier time of commission
of the offense
applies
Increases fine but Not ex post facto, so
decreases penalty of law and penalty is
imprisonment retroactively applied
[Cruz]

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II. FELONIES b. Less Grave Felonies

Those which the law punishes with penalties

A. Criminal Liabilities and which in their maximum period are correctional.
Felonies It includes those punishable by:
1. Prision correccional
2. Arresto mayor
1. Classification of Felonies (Grave, 3. Suspension
Less Grave, and Light Felonies) 4. Destierro
5. Fine not exceeding ₱1,200,000 but is
DEFINITION OF TERMS not less than ₱40,000
1. Crime.
An act committed or omitted in violation
of a public law forbidding or
c. Light Felonies [Art. 7]
commanding it [Ching v. Secretary of
It includes those punishable by:
Justice, G.R. No. 164317 (2006)].
1. Arresto menor; or
2. Felony.
2. Fine not exceeding ₱40,000; or
Crime punishable under the Revised
3. Both of the above
Penal Code (RPC).
3. Offense.
When Punishable
Crime punishable under special laws.
General Rule: Only when consummated.
4. Misdemeanor
Minor infraction of the law, such as a
Exception: If it involves crimes committed
violation of an ordinance.
against persons or property.
Classification According to Penalties [Art.
Who are Punished
9]:
Principals and accomplices only [Art. 16, RPC].
1. Grave Felonies
2. Less Grave Felonies
Examples of Light Felonies [MATHS]:
3. Light Felonies
1. Malicious mischief when the value of
the damage does not exceed ₱40,000
Importance of Classification is to
or cannot be estimated [Art. 328, RPC,
Determine:
as amended by R.A. 10951]
1. Whether these felonies can be
2. Alteration of boundary marks
complexed;
3. Theft when the value of the thing stolen
2. The prescription of the crime and of the
is less than ₱500 and theft is
penalty; and
committed under the circumstances
3. The duration of subsidiary penalty to be
enumerated under Art. 308 (3) [Art.
imposed.
309, (7) and (8), RPC, as amended by
R.A. 10951]
a. Grave Felonies 4. Intriguing against Honor
5. Slight physical injuries
Those to which the law attaches the capital
punishment or penalties which in any of their Reconciling Discrepancy in Treatment of a
periods are afflictive. It includes those Fine Amounting to Exactly ₱40,000
punishable by: • Art. 9 in re: Art. 25 - light felony; use
1. Reclusion perpetua this article in determining prescription
2. Reclusion temporal of crimes.
3. Perpetual or Absolute Disqualification • Art. 26 - correctional penalty; use this
4. Perpetual or Temporary Special article in determining prescription of
Disqualification penalty.
5. Prision mayor
6. Fine more than ₱1,200,000.00

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2. Abberatio Ictus, Error in Personae, Three (3) Modes under Art. 4 (1)
and Praeter Intentionem Definition Penalty
Error in Mistake in Penalty for
Article 4. Criminal Liability – Criminal liability shall personae identity. lesser crime
be incurred: in its
1. By any person committing a felony (delito) A felony is maximum
although the wrongful act done be different from intended, period [Art.
that which he intended.
but there is 49]
a mistake in
Wrongful Act Different from that Intended is the identity
Punishable. of the victim;
Rationale: El que es causa de la causa es injuring one
causa del mal causado. “He who is the cause person
of the cause is the cause of the evil caused.” mistaken for
The presumption is that a person intends the another.
ordinary consequences of his voluntary act
Aberratio Mistake in Penalty for
[People v. Toling, G.R. No. L-27097 (1975)].
ictus blow. graver
offense in its
One who commits an intentional felony is
When an maximum
responsible for all the consequences which
offender period [Art.
may naturally and logically result therefrom,
intending to 48 on
whether foreseen or intended or not [People v.
do an injury complex
Herrera, G.R. Nos. 140557-58 (2001)].
to one crimes]
person
Requisites [I-DC]:
actually
1. An Intentional felony has been committed.
inflicts it on
2. The wrong done to the aggrieved party is
another.
the Direct, natural and logical
Praeter No Mitigating
Consequence of the felony committed by
intentionem intention to circumstance
the offender.
commit a of not
grave so intending to
Proximate Cause
wrong. commit a
Proximate cause has been defined as that
grave so
which, in natural and continuous sequence,
wrong [Art.
unbroken by any efficient intervening cause,
13]
produces injury, and without which the result
would not have occurred [Abrogar v. Cosmos
In certain cases, the Court ruled that the
Bottling Company and INTERGAMES, Inc.,
mitigating circumstance of lack of intent to
G.R. No. 164749 (2017)].
commit so grave a wrong cannot be
appreciated where the acts employed by the
When not Considered as Proximate Cause:
accused were reasonably sufficient to produce
1. There is an active force between the
the death of the victim [People v. Sales, G.R.
felony and resulting injury.
No. 177218 (2011)].
2. Resulting injury is due to the intentional
act of victim.
There is no felony in the following
instances:
Efficient Intervening Cause
1. There is no law punishing the crime
An intervening cause, to be considered
(i.e., attempting suicide is not a crime,
efficient, must be "one not produced by a
per se) [See U.S. v. Villanueva, G.R.
wrongful act or omission, but independent of it,
No. 10606 (1915)].
and adequate to bring the injurious result.”
2. There is a justifying circumstance (i.e.,
[Abrogar v. Cosmos Bottling Company and
one acting in self-defense is not
INTERGAMES, Inc, G.R. No. 164749 (2017)]
committing a felony) [Art. 11].

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3. Impossible Crimes a. Legal impossibility – where
the intended acts, even if
Article 4. Criminal Liability – Criminal liability shall completed, do not amount to a
be incurred: crime [Intod v. CA, G.R. No.
xxx 103119 (1992)].
2. By any person performing an act which would be Example: Killing a person who
an offense against persons or property, were it not
for the inherent impossibility of its accomplishment is already dead [Intod v. CA,
or on account of the employment of inadequate or G.R. No. 103119 (1992)].
ineffectual means. b. Physical or factual
impossibility – Extraneous
Rationale: circumstances unknown to the
To suppress criminal propensity or criminal actor or beyond his control
tendencies. Objectively, the offender has not prevent the consummation of
committed a felony, but subjectively, he is a the intended crime.
criminal. Example: The alteration, or
even destruction, of a losing
Requisites [OPP-EI-III-NV]: sweepstakes ticket could
1. Act performed would be an Offense cause no harm to anyone and
against Persons or Property. would not constitute a crime
2. Act was done with Evil Intent. were it not for the attempt to
3. Its accomplishment is inherently cash the ticket so altered as a
Impossible, or that the means prize-winning number. [People
employed is either Inadequate or v. Balmores, G.R. No. L-1896
Ineffectual. (1950)]
4. Act performed does Not constitute a
Violation of another provision of the No Attempted or Frustrated Impossible
RPC. Crime
Since the offender in an impossible crime has
DEFINITION OF TERMS: already performed the acts for the execution of
1. Inadequate the same, there could be no attempted
Insufficient (e.g. small quantity of impossible crime.
poison).
2. Ineffectual There is no frustrated impossible crime either,
Means employed did not produce the because the acts performed by the offender
result expected (e.g. pressed the are considered as constituting a consummated
trigger of the gun not knowing that it is offense.
empty).
3. Inherent Impossibility Not a Defense Impossibility of accomplishing
Can pertain to: the criminal intent is not a defense but an act
penalized in itself.

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Impossible Crime v. Attempted v. Frustrated v. Consummated
Impossible Crime Attempted Frustrated Consummated

Mens Rea ✓ ✓ ✓ ✓

Concur-
✓ ✓ ✓ ✓
rence

✗
✗
Not produced by ✗
Not produced by
reason of inherent Not produced by
Result reason of causes ✓
impossibility or reason of
independent of the
employment of desistance
will of the perpetrator
inadequate means

Causation ✗ ✗ ✗ ✓

4. Stages of Execution offense, the crime is merely

attempted. On the other hand,
THREE (3) STAGES OF ACTS OF the subjective phase is
EXECUTION completely passed in case of
1. Attempted frustrated crimes, for in such
When the offender commences the instances, "[s]ubjectively the
commission of a felony directly by overt crime is complete." [People v.
acts but does not produce the felony by Villanueva, supra]
reason of some cause or accident
other than his own spontaneous DEVELOPMENT OF A CRIME
desistance. 1. Internal Acts
2. Frustrated Intent, ideas and plans; not punishable,
When the offender performs all the acts even if, had they been carried out, they
of execution which would produce the would constitute a crime [Reyes, Book
felony but does not produce it by 1].
reason of causes independent of the 2. External Acts
will of the perpetrator. a. Preparatory Acts – means or
3. Consummated measures necessary for
When all the elements necessary for its accomplishment of a desired
execution and accomplishment are object or end [People v. Lizada,
present; the felony is produced. G.R. Nos. 143468-71 (2003)].
(in this case, a crime)
TWO (2) PHASES OF FELONY b. Acts of Execution – Usually
1. Subjective Phase overt acts with a logical relation
It is that portion of the act constituting to a particular concrete offense
the crime, starting from the point where and is already punishable
the offender begins the commission of under the RPC [People v.
the crime to that point where he still has Lamahang, G.R. No. 43530
control over his acts, including their (1935)].
natural course [People v. Villanueva,
G.R. No. 160188 (2007)]. FACTORS IN DETERMINING STAGE OF
2. Objective Phase EXECUTION OF FELONY
It is that portion of acts after the 1. Manner of Committing the Crime
subjective phase, the result of the acts a. Formal Crimes –
of execution [People v. Villanueva, consummated in one instant,
supra]. no attempt [Albert, cited in
• It has been held that if the Reyes, Book 1 at 120].
offender never passes the Formal crimes such as libel are
subjective phase of the not punishable unless
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consummated [Disini v. b. Such external acts have a direct
Secretary of Justice, G.R. No. connection with the crime intended to
203335 (2014)]. be committed.
Example: The mere act of
selling or even acting as a Definition of Terms:
broker to sell marijuana or a. Overt Act – Some physical activity or
other prohibited drugs deed, indicating the intention to commit
consummates the crime. a particular crime, more than a mere
[People v. Marcos, G.R. No. planning or preparation, which if
83325 (1990)] carried out to its complete termination
b. Crimes Consummated by following its natural course, without
Mere Attempt or Proposal by being frustrated by external obstacles
Overt Act nor by the spontaneous desistance of
Examples: Flight to enemy’s the perpetrator, will logically and
country [Art. 121] and necessarily ripen into a concrete
Corruption of Minors [Art. 340] offense [Rait v. People, G.R. No.
c. Crimes Consummated by 180425 (2008)].
Mere Agreement b. Desistance
Examples: For betting in General Rule: Desistance is an
sports contests and corruption absolutory cause which negates
of public officer [Art. 197 and criminal liability provided that the
Art. 212], the manner of desistance was made when the acts
committing the crime requires done have not yet resulted in any
the meeting of the minds felony. Desistance is recognized only
between the giver and the in the attempted stage of the felony.
receiver [US v. Basa, 8 Phil. 89 Exemption: In certain cases, although
(1907)]. negated by the attempted stage, there
d. Material Crimes – those may be other felonies arising from his
committed with three (3) stages act.
of execution. Example: An attempt to kill that results
2. Nature of the Crime Itself in physical injuries still leads to liability
There are certain crimes requiring a for the injuries inflicted.
specific intent.
Examples: Robbery, Theft, Rape b. Frustrated
(See: Discussion on Specific Criminal
Intent) Elements [AFN]:
a. Offender performs All the acts of
THREE (3) STAGES OF EXECUTION: execution
b. All the acts performed would produce
a. Attempted the Felony as a consequence
c. But the felony is Not produced by
Elements [CNDO]: reason of causes independent of the
a. The offender Commences the will of the perpetrator.
commission of the felony directly by
overt acts. Not all crimes have a Frustrated Stage
b. He does Not perform all the acts of General Rule: Felonies that do not require any
execution which should produce the result do not have a frustrated stage.
felony.
c. The non-performance of all acts of Crimes which do not admit of frustrated
execution was Due to cause or stage [RABT]:
accident Other than his own a. Rape – Once there is penetration, no
spontaneous desistance. matter how slight it is, the offense is
consummated [People v. Orita, G.R.
When is a Crime Commenced: No. 88724 (1990)].
a. There are external acts. b. Arson – The crime of arson is already
consummated even if only a portion of
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the wall or any part of the house is Attempted v. Frustrated v. Consummated
burned. The consummation of the Attempted Frustrated Consummated
crime does not depend upon the extent Felony Felony Felony
of the damage caused [People v.
Hernandez, G.R. No. L-31770 (1929)]. As to Acts Performed
c. Bribery and Corruption of Public
Officers – If there is a meeting of the Overt acts of All acts of All acts of
minds, there is consummated bribery execution execution execution are
or consummated corruption [US v. are started are finished finished
Basa, 8 Phil. 89 (1907)]. BUT BUT
d. Theft – Once there is unlawful taking, Not all acts Crime
theft is consummated. It does not of execution sought to be
matter how long the property was in the are present committed
possession of the accused; it does not is not
matter whether the property was achieved
disposed of or not [Valenzuela v.
As to Why a Felony is Not Produced
People, G.R. No. 160188 (2007)].
Due to Due to –
c. Consummated reasons intervening
other than causes
Requisite: the independent
All the elements necessary for its execution spontaneous of the will of
and accomplishment are present. desistance the
of the perpetrator
Indeterminate Offense perpetrator
It is one where the intent of the offender in
performing an act is not certain. The accused As to Position in the Timeline
may be convicted of a felony defined by the Offender still Offender is Offender is in
acts performed by him up to the time of in subjective already in the objective
desistance. phase the phase as all
because he objective acts of
The intention of the accused must be viewed still has phase execution are
from the nature of the acts executed by him and control of his because all already present
the attendant circumstances, and not from his acts, acts of and a felony is
admission. including execution produced
their natural are already
cause. present and
the cause of
its non-
accomplish-
ment is
other than
the
offender’s
will

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5. Continuing Crimes Real or Material Plurality v. Continuing
Crime
Continuing Crime Real or Material
A single crime consisting of a series of acts Continuing Crime
Plurality
arising from a single criminal resolution or
intent not susceptible of division. There is a series of acts performed by the
offender.
Requisites [PA-UP-UCIP]:
1. Plurality of Acts; As to the Number of Crimes Committed
2. Unity of Penal provision infringed upon; Each act performed The different acts
and constitutes a constitute only one
3. Unity of Criminal Intent and Purpose separate crime crime because all of
because each act is the acts performed
One Larceny Doctrine generated by a arise from one
For prosecution of theft cases, the one larceny criminal impulse criminal resolution.
doctrine provides that the taking of several
things, whether belonging to the same or
different owners, at the same time and place, Examples on Real Plurality:
constitutes one larceny only so long as there is 1. The act of firing one’s revolver twice in
a single criminal impulse [Santiago v. People, succession, killing one person and
G.R. No. 109266 (1993)]. wounding another [U.S. v. Ferrer, 1
Phil. 56 (1901)].
Examples: 2. Two persons are killed one after
1. Insurrection, Rebellion, Subversion, another by different acts [People v.
and other crimes and offenses Olfindo, 47 Phil. 1 (1924)].
committed in the furtherance, on the
occasion thereof, or incident thereto [In Transitory Crime v. Continuing Crime
the Matter of Petition for Habeas Offense where some acts material and
Corpus of Roberto Umil, G.R. No. essential to the crimes and requisite to their
81567 (1990)]. commission occur in one territory and some
2. Eight robberies as component parts of acts are done in another [AAA v. BBB, G.R. No.
a general plan [People v. De la Cruz, 212448 (2018)].
G.R. No. L-1745 (1950)].
The theory is that a person charged with a
How Applied transitory offense may be tried in any
Whenever the Supreme Court concludes that jurisdiction where the offense is in part
the criminals should be punished only once, committed [Tuzon v. Cruz, G.R. No. L-27410
because they acted in conspiracy or under the (1975)].
same criminal impulse:
• It is necessary to embody these crimes Examples:
under one single information. 1. Estafa – its necessary elements
• It is necessary to consider them as (deceit and damage) may take place in
complex crimes even if the essence of different territorial jurisdictions
the crime does not fit the definition of [Gamboa v. CA, G.R. No. L-41054
Art 48, because there is no other (1975)]
provision in the RPC. 2. Violation of BP No. 22 (Bouncing
Checks Law) [Uy v. CA, G.R. No.
Application to Special Laws 119000 (1997)]
The concept is applicable to crimes under
special laws. This is in line with Art. 10, which
states that the RPC shall be supplementary to
special laws, unless the latter provides the
contrary.

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6. Complex Crimes and Composite 7. When the other crime is an
Crimes [Art. 48] indispensable element of the other
offense.
a. Compound Crime GENERAL RULES IN COMPLEXING
CRIMES
Requisites [S-S21]:
1. Information – only one (1) shall be
1. That only a Single act is performed by
filed
the offender
2. Jurisdiction – When two crimes
2. That the single act produces:
produced by a single act are
a. 2 or more grave felonies; or
respectively within the exclusive
b. 1 or more grave and 1 or more
jurisdiction of two courts of different
less grave felonies, or 2 or
jurisdiction, the court of higher
more less grave felonies.
jurisdiction shall try the complex crime.
3. Penalty
Examples:
• Where both penalties provide
1. A single bullet killing two persons
for imprisonment - penalty to
[People v. Pama, C.A., 44 O.G. 3339
be imposed is the penalty for
(1992)].
the most serious crime, applied
2. The act of raping a girl, causing her
in its maximum.
physical injuries which required
medical attention for about 20 days. • Where one of the penalties is
This is a complex crime of rape with imprisonment and the other is
less serious physical injuries [U.S. v. fine - only the penalty of
Andaya, 34 Phil. 690 (1916)]. imprisonment should be
imposed.
Light Felonies 4. When the other offense is not
Light felonies produced by the same act should proven – accused can be convicted of
be treated and punished as separate offenses the other.
or may be absorbed by the grave felony.
Art. 48 is Not Applicable in the following
instances:
b. Complex Crime 1. When the crimes have common
elements;
Requisites [2-N-SS]: 2. When the crimes involved are subject
1. That at least 2 offenses are committed to the rule of absorption;
2. That one or some of the offenses must 3. Where the two offenses resulting from
be Necessary to commit the other a single act are specifically punished
• Does not need to be as a single crime.
“indispensable means” Example: Less serious physical
3. That both or all the offenses must be injuries with serious slander of deed,
punished under the Same Statute. since this is punished under Art. 265 (2)
4. Acts penalized under Art. 365 (those
When No Complex Crime Proper resulting criminal negligence) [Ivler v.
1. Subsequent acts of intercourse, after Modesto-San Pedro, supra].
forcible abduction with rape, are 5. In special complex crimes or composite
separate acts of rape. crimes.
2. When trespass to dwelling is a direct
means to commit a grave offense.
c. Special Complex Crimes
3. When one offense is committed to
conceal the other.
In substance, there is more than one crime; but
4. Where one of the offenses is penalized
from the eyes of the law, there is only one. The
by special law.
law treats it as a single crime for which it
5. There is no complex crime of rebellion
prescribes a single penalty. It is also called a
with murder, arson, robbery, or other
composite crime.
common.
6. In case of continuous crimes.

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Requisites [2-SI-SCI]: Examples:
1. 2 or more crimes are committed 1. Robbery with Homicide [Art. 294 (1)]
2. But the law treats them as a Single, 2. Robbery with Rape [Art. 294 (2)]
Indivisible, and unique offense 3. Kidnapping with serious physical
3. Product of Single Criminal Impulse injuries [Art. 267 (3)]
4. Rape with Homicide [Art. 335]

Compound Crime v. Complex Crime Proper v. Special Complex Crime

Compound Crime Complex Crime Proper Special Complex Crime
(delito compuesto) (delito complejo) (delito especial complejo)
Definition
Single act constitutes two or An offense is a necessary The law fixes one penalty for
more grave or less grave means to commit another two or more crimes committed.
felonies [Art. 48]. offense [Art. 48].
Elements
Requisites [S-S21]: Requisites [2-N-SS]: Requisites [2-SI-SCI]:
1. That only a Single act is 1. That at least 2 offenses are 1. 2 or more crimes are
performed by the offender committed committed
2. That the single acts 2. That one or some of the But the law 2. treats them as a
produces: offenses must be Necessary to Single, Indivisible, and unique
a. 2 or more grave felonies, commit the other offense
or 3. That both or all the offenses 3. Product of Single Criminal
b. 1 or more grave and 1 or must be punished under the Impulse
more less grave felonies, or Same Statute.
2 or more less grave felonies
Imposable Penalty
Penalty for most serious crime Penalty for most serious crime That which is indicated in the
shall be imposed in its shall be imposed in its Revised Penal Code
maximum period [Art. 48] maximum period [Art. 48]

B. Circumstances Affecting Mitigating Decreased With

Criminal Civil
Criminal Liability Liability Liability
Aggrava- Increased
Circumstances Affecting Criminal Liability,
ting Criminal
Distinguished
Liability
As to
As to Alterna- Increased
As to prese-
presence tive or
lawful- nce of
of Decreased
ness civil
criminal Criminal
of act liabili-
liability Liability
ty
Justifying No No No [Art. 15]
Felony Criminal Civil
Liability Liability 1. Justifying Circumstances
[Art. 11] Except
Par. 4 Justifying Circumstances
Exemp- There With Where the act of the person is said to be in
ting is a Civil accordance with the law, so that such person
Felony Liability is deemed not to have transgressed the law.
Except [Art. 11, RPC]
Par. 4 • Basis: Lack of dolo
&7 • Criminal Liability: None; there is no
crime committed, the act being
justified.
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• Civil Liability: None, except in par. 4, 2. The injury caused or the
Art. 11 (avoidance of greater evil), offense committed be the
where the civil liability is borne by the Necessary consequence
persons benefited by the act in of the due performance of
proportion to the benefit they may have duty or the lawful exercise
received [Art. 101, RPC]. of such right or office.
• Burden of Proof: Rests on the Obedience to 1. Order must have been
accused [People v. Corecor, G.R. No. Superior Order issued by a superior;
L-63155 (1988)]. (OPM) 2. The order is for some
lawful Purpose; and
Requisites of Each Circumstance [D3AFS]: 3. Means used to carry it
Justifying Requisites out must be lawful.
Circumstance
Defense of 1. Unlawful aggression; a. Defense of Person, Rights, Property
person, right, 2. Reasonable necessity of and Honor (Self-Defense)
property, or means employed to
honor (URL) prevent or repel it; and Requisites [URL]:
3. Lack of sufficient 1. Unlawful aggression;
provocation on the part of 2. Reasonable necessity of means
the person defending employed to prevent or repel it; and
himself. 3. Lack of sufficient provocation on the
Defense of 1. Unlawful aggression; part of the person defending himself.
relatives 2. Reasonable necessity of
(URN) means employed to Why Self-Defense is Lawful
prevent or repel it; and • Impulse of self-preservation;
3. Lack of sufficient • State cannot provide protection for
provocation on part of each of its constituents [Castanares v.
relative, or, in case of Court of Appeals, Nos. L-41269-70
provocation, the one (1979)].
making the defense had
No part therein. No Accidental Self-Defense
Defense of 1. Unlawful aggression; Self-defense implies a deliberate and positive
strangers 2. Reasonable necessity of overt act of the accused to prevent or repel an
(URI) the means employed to unlawful aggression of another with the use of
prevent or repel it; and reasonable means. The accused has freedom
3. The person defending of action, and is aware of the consequences of
was not Induced by his acts. From necessity, and limited by it,
revenge, resentment or proceeds the right of self-defense [People v.
other evil motive. Toledo, G.R. No. L-28655 (2004)].
Avoidance of 1. Evil sought to be
greater evil avoided actually Exists. REQUISITES:
(ENIM) 2. Evil or injury must Not
1. Unlawful Aggression
have been produced by the
Unlawful aggression is an indispensable
one invoking the justifying
element of self-defense, whether complete or
circumstances.
incomplete under Articles 11 or 13,
3. Injury feared be greater
respectively [People v. San Juan, G.R. No.
than that done to avoid it;
144505 (2002)].
and
4. There are no other
Peril to one’s life, limb, or right is actual and
practical and less harmful
imminent.
Means of preventing it.
Fulfillment of 1. Offender acted in
It presupposes actual, sudden, and
duty or lawful Performance of duty or in
unexpected attack or imminent danger thereof,
exercise of the lawful exercise of a
not merely threatening or intimidating attitude
right (PN) right or office; and
[People v. Colinares, G.R. No. 182748 (2011)].

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Rules in Unlawful Aggression: a. For the fulfillment of a duty [People v.
a. Aggression must be unlawful. Gayraina, G.R. Nos. 39270 & 29271
b. The peril to one’s life, limb, [People v. (1934)]
Sumicad, G.R. No. 35524 (1932)] or b. In the exercise of a right in a more or
right is actual and imminent [People v. less violent manner [U.S. v. Merced &
Crisostomo, G.R. No. L-38180 (1981)]. Patron, G.R. No. 14170 (1918)]
c. Unlawful aggression must be a
continuing circumstance or must have No Unlawful Aggression
been existing at the time the defense is There is no unlawful aggression in the following
made [People v. Dijan, G.R. No. circumstances:
142682 (2002)]. a. When there is an agreement to fight
d. Retaliation is not allowed when and the challenge to fight was
unlawful aggression ceases [People v. accepted [People v. Navarro, G.R. No.
Cajurao, G.R. No. 122767 (2004)]. L-1878 (1907)].
Exception: When the aggressor Exception: When the aggression
retreats to obtain a more advantageous which is ahead of an agreed time or
position to ensure the success of the place is unlawful aggression [Severino
initial attack, unlawful aggression is Justo v. Court of Appeals, G.R. No. L-
deemed to continue [Reyes, Book 1]. 8611 (1956)].
e. Picking up a weapon is unlawful b. When the paramour kills the offended
aggression if circumstances show that husband who was assaulting him
the intention is to harm the defendant. because the husband’s aggression
[People v. Javier, 46 O.G. No. 7 (1950)] was lawful [Art. 247, RPC] [U.S. v.
f. Mere belief of an impending attack is Merced, G.R. No. 14170 (1918)].
not sufficient but in relation to “mistake c. Reasonable force made by a police
of fact,” the belief of the accused may officer to arrest a suspect [People v.
be considered in determining the Calip, et al., 3 C.A. Rep. 808].
existence of unlawful aggression
[People v. Bautista, G.R. No. L-8611 2. Reasonable Necessity of Means
(1956)]. Employed
Considerations in Determining Existence of Requisites:
Unlawful Aggression: a. Necessity of the:
a. Physical & objective circumstance (e.g. • course of action taken
wound received by deceased) [People • means employed
v. Dorico, G.R. No. L-31568 (1973)] b. The above must be reasonable [Art. 11
b. Lack of motive of person defending (1), RPC]
himself [People v. Berio, G.R. No.
40602 (1934)] Doctrine of Rational Equivalence
c. Conduct of accused immediately after Rational equivalence presupposes the
the incident [People v. Boholst- consideration not only of the nature and quality
Caballero, G.R. No. L-23249 (1974)] of the weapons used by the defender and the
assailant, but of the totality of circumstances
When in Retaliation surrounding the defense vis-à-vis the unlawful
When the killing of the deceased by the aggression [Espinosa v. People, G.R. No.
accused was after the attack made by the 181071 (2010)].
former, the accused must have no time nor
occasion for deliberation and cool thinking. As to whether the means employed is in
When unlawful aggression ceases, the proportion to the harm done does not depend
defender has no longer any right to kill or on harm done, but the imminent danger of such
wound the former aggressor, otherwise, injury [People v. Gutual, G.R. No. 115233
retaliation and not self-defense is committed (1996)].
[People v. Bates, G.R. No. 139907 (2003)].
Perfect equality between the weapon used by
Lawful Aggression the one defending himself and that of the
Aggression is lawful when it is done: aggressor is not required, nor is the material
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commensurability between the means of attack Provocation is sufficient when it is
and defense. Rational equivalence is enough proportionate to the aggression [People v.
[People v. Samson, G.R. No. 214883 (2015)]. Boholst-Caballero, supra].

Test of Reasonableness [Escoto v. Court of Insults

Appeals, G.R. No. 118002 (1997)] General Rule: Verbal argument is not
Reasonableness depends upon the: considered sufficient provocation.
a. Nature and quality of the weapon used
by the aggressor Exception: Insults in vulgar language are.
b. Aggressor’s physical condition,
character, size, and other SUBJECTS OF SELF-DEFENSE
circumstances 1. Defense of person
c. Circumstances of those of the person 2. Defense of rights
defending himself 3. Defense of property [People v.
d. Place and occasion of the assault Narvaez, G.R. No. L-33466-67 (1983)]

When the Assault was Without Use of Defense of Property

Weapon The defense of property rights can be invoked
General Rule: A man is not justified in taking if there is an attack upon the property, although
the life of one who assaults him with his fist it is not coupled with an attack upon the person
only, without the use of a dangerous weapon. of the owner of the premises, so long as all the
elements for justification must however be
Exception: Where the person assaulted has present [People v. Narvaez, G.R. No. L-33466-
retreated to the wall and uses in a defensive 67 (1983)].
way the only weapon at his disposal [People v.
Sumicad, G.R. No. 35524 (1932)]. EXAMPLES OF OTHER SUBJECTS OF
SELF-DEFENSE
Note: The general rule contemplates the 1. Defense of Home
situation where the contestants are in the open Violent entry to another’s house at
and the person can opt to run away. nighttime; by a person who is armed
with a bolo; and forcing his way into the
Rules in the Use of Firearms house, shows he was ready and
a. If the attacker is already disarmed – looking for trouble [People v. Mirabiles,
there is no need to further use violence 45 O.G., 5th Supp., 277].
[People v. Masangkay, G.R. No. L- 2. Defense of Honor and Reputation
73461 (1988)]. Placing a hand by a man on the
b. If the attacker was disarmed but woman’s upper thigh is unlawful
struggled to re-obtain the weapon – aggression [People v. Jaurigue, C.A.
violence may be justified [People v. No. 384 (1946)].
Rabandaban, G.R. No. L-2228 (1950)].
c. The one defending must aim at the A slap on the face is also considered as
defendant and not indiscriminately fire unlawful aggression since the face
his deadly weapon [People v. represents a person and his dignity
Galacgac, C.A., 54 O.G. 1027]. [Rugas v. People, G.R. No. 147789
(2004)].
Interpretation
This element should be interpreted liberally in Stand Your Ground Principle
favor of the law-abiding citizen. [People v. So, A person is justified in the use of deadly force
5 CAR [2s] 671, 674] and does not have a duty to retreat if he
reasonably believes that such force is
3. Lack of Sufficient Provocation necessary to prevent imminent death or great
bodily harm to himself or herself [U.S. v.
The accused who claims self-defense must not Domen, G.R. No. L-12963 (1917)].
have provoked the aggression of the victim.

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b. Defense of Relatives d. State of Necessity (Avoidance of a
Greater Evil)
Requisites [URL]
1. Unlawful aggression Requisites [ENIM]:
2. Reasonable necessity of means 1. Evil to be avoided actually Exists;
employee; and 2. Evil or injury is Not produced by the one
3. Lack of sufficient provocation on part of invoking the justifying circumstance;
relative, or, in case of provocation, the 3. Injury feared by greater than that done
one making the defense had no part to avoid it; and
therein. 4. No other practical and less harmful
Means of preventing it.
Relatives Covered by Par. 2 [SAD-SiRC]
1. Spouse Civil Liability
2. Ascendants It is only in this paragraph that the person
3. Descendants accused incurs civil liability despite the
4. Legitimate, natural, or adopted justifying circumstance. Said liability is borne
Siblings, or relatives by affinity in the by the person benefited by the act.
same degrees (parents-in-laws,
children-in-law, siblings-in-law) State of Necessity
5. Relatives by Consanguinity within 4th There is necessity when the situation is of
civil degree grave peril, actual or imminent. It is
indispensable that the state of necessity is not
Person Being Defended Still in Danger brought about by intentional provocation on the
Unlawful aggression can be made to depend part of the party invoking the same. [People v.
on the honest belief of the one making a Retubado, G.R. No. 124058 (2003)]
defense. However, one may no longer be
exempt from criminal liability when he or the Kind of Evil
person being defended is no longer in danger The evil contemplated includes injury to
of bodily harm by the aggressor [US v. persons and damage to property. This greater
Esmedia, G.R. No. L-5740 (1910)]. evil must not be brought about by the
negligence or imprudence of the accused. [Ty
c. Defense of Stranger v. People, G.R. No. 149275 (2004)]

Requisites [URN] e. Fulfillment of Duty or Lawful Exercise

1. Unlawful aggression of Right or Office
2. Reasonable necessity of the means
employed; and Requisites [PN]:
3. Person defending was Not induced by 1. The accused acted in the Performance
revenge, resentment, or other evil of a duty or on the lawful exercise of a
motive right or office; and
2. The injury caused or offense
Note: Motive is relevant only in this kind of committed be the Necessary
defense. consequence of the due performance
of duty or the lawful exercise of such
Rationale: What one may do in his defense, right or office.
another may do for him. The ordinary man
would not stand idly by and see his companion Police Officers
killed without attempting to save his life [U.S. v. The law does not clothe police officers with
Aviado, G.R. No. 13397 (1918)]. authority to arbitrarily judge the necessity to kill,
but must be within reasonable limits [People v.
Stranger Ulep, G.R. No. 132547 (2000)].
Any person not included in the enumeration of
relatives under par. 2 of Art. 11. Warning Shot
To justify the killing by a policeman of a
suspected robber as fulfillment of his lawful
duty, he must have first fire a warning shot
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before shooting. [Mamangun v. People, G.R. 2. Exempting Circumstances [Art. 12]
No. 149152 (2007)]
Exempting Circumstances
However, the directive to issue a warning Grounds for exemption from punishment
contemplates a situation where several options because the agent of the crime is wanting any
are available to the officers. When the threat to of the conditions which make the act voluntary
the life of the law enforcer was imminent and or negligent.
there was no other option but to use force, a
police officer conducted himself in the lawful The reason for the exemption lies on the
exercise of a right. [People v. Cabanlig, G.R. complete absence of intelligence, freedom of
No. 148431 (2005)]. action, or intent, or on the absence of
negligence on the part of the accused.
f. Obedience to an Order Issued for [Guevarra v. Almodovar, G.R. No. 75256
Some Lawful Purpose (1989)]

Requisites [OPM] Burden of Proof

1. An Order has been issued by a Prosecution has the burden of proof to
superior establish the guilt of the accused. However,
2. Such order must be for some lawful once the defendant admits the commission of
Purpose; and the offense charged, but raises an exempting
3. The Means used by the subordinate to circumstance as a defense, the burden of proof
carry out said order is lawful. is shifted to him. [People v. Concepcion, G.R.
No. 148919 (2002)]
Examples:
1. Where the accused acted upon orders of Justifying v. Exempting Circumstances
superior officers that they, as military Justifying Exempting
subordinates, could not question, and Circum- Circum-
obeyed in good faith, without being aware stances stances
of their illegality, without any fault or [Art. 11, [Art. 12,
negligence on their part, the act is not RPC] RPC]
accompanied by criminal intent. A crime is As to It affects the It affects the
not committed if the mind of the person Effect of act, not the actor, not the
performing the act be innocent [People. v. Circum- actor. act.
Beronilla, G.R. No. L-4445 (1955)]. stance
2. One who prepared a falsified document As to The act is The act
with full knowledge of its falsity is not Lawfulness considered to complained
excused even if he merely acted in of Act have been of is actually
obedience to the instruction of his superior, done within wrongful, but
because the instruction was not for a lawful the bounds of the actor is
purpose [People. v. Barroga, G.R. No. L- law; hence, not liable.
31563 (1930)]. legitimate
3. A soldier who tortured to death the and lawful in Since the act
deceased in obedience to the order of his the eyes of complained
sergeant is not exempt from liability the law. of is actually
because the order to torture the deceased wrong, there
was illegal, and the accused was not bound Since the act is a crime,
to obey it [People. v. Margen, et al., G.R. is considered but since the
No. L-2681 (1950)]. lawful, there actor acted
is no crime. without
voluntariness
or
negligence,
there is no
dolo or
culpa.

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As to There is no There is no Physical
Liability criminal criminal force;
liability and liability but 2. Physical
no civil there is civil force must be
liability liability Irresistible;
(except: (except: and
avoidance of accident; 3. Physical
greater evil insuperable force must
where civil cause). come from a
liability is Third person.
borne by Uncontrollabl 1. Existence Absence
persons for e fear of an of freedom
whose (ERIGE) uncontrollabl
benefit the e fear
harm has 2. Fear must
been be Real and
prevented). Imminent.
3. Fear of an
Requisites of Each Circumstance [IMDAI- injury is
UI] Greater than
Exempting Requisites Basis or Equal to
Circum- that
stance committed.
Insanity or Imbecile or Absence Insuperable 1. That an act Lack of
imbecility insane of or lawful is Required intent
person did intelligenc cause (RFLi) by law to be
not act during e done;
lucid interval 2. That a
Minority; 1. Accused is Absence person Fails
Without 15 years old of to perform
Discernment and Below; intelligenc such act;
(15B- and e 3. That his
Bet1518 2. Accused is failure to
WD) Between 15 perform such
and 18 years act was due
old, and he to some
acted Without Lawful or
Discernment insuperable
Accident 1. A person is Lack of cause
(LDAW) performing a negligence
Lawful act; and intent a. Insanity or Imbecility
2. Act was
done with Imbecile
Due care; One who, while advanced in age, has a mental
3. He causes development comparable to that of a child
an injury to between 2 and 7 years of age [People v.
another by Cayetano, G.R. Nos. 112429-30 (1997)].
mere
Accident; and Feeblemindedness is not Imbecility
4. Without For imbecility, it is necessary that there is a
fault or complete deprivation of intelligence in
intention of committing the act. Feeblemindedness may,
causing it. however, be considered a mitigating
Irresistible 1. There is Absence circumstance [People v. Formigones, G.R. No.
force (PIT) compulsion is of freedom L-3246 (1950)].
by means of
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Insanity How Proven
A complete deprivation of intelligence in The state or condition of a person’s mind can
committing the act, but capable of having lucid only be measured and judged by his behavior.
intervals. Mere abnormality of mental faculties
is not enough especially if the offender has not Opinion Testimony
lost consciousness of his acts [People v. Establishing the insanity of an accused
Formigones, supra]. requires opinion testimony which may be given
by a witness who is intimately acquainted with
General Rule: Insanity is an exempting the accused, by a witness who has rational
circumstance basis to conclude that the accused was insane
based on the witness’ own perception of the
Exception: During a lucid interval, the insane accused, or by a witness who is qualified as an
acts with intelligence, thus, is not exempt from expert, such as a psychiatrist. The testimony or
criminal liability. proof of the accused’s insanity must relate to
the time preceding or coetaneous with the
Remission of Symptoms commission of the offense with which he is
One suffering from psychosis who takes charged [People v. Madarang, G.R. No.
medication is “in remission of symptoms”; 132319 (2000)].
meaning, he would not actively exhibit the
symptoms of psychosis and it is only when one TWO (2) TESTS: Test of:
fails to take his medication and/or drinks 1. Cognition - Whether the accused
alcohol that the symptoms of psychosis may be acted with complete deprivation of
triggered, depriving one of his will. However, intelligence; and
that one is in remission of symptoms or has 2. Volition - Whether the accused acted
failed to take the prescribed medicine is not a in total deprivation of freedom of will
conclusive finding as to the sanity of the [People v. Rafanan, G.R. No. L-54135
accused at the time of the commission of the (1991)].
crime. Psychotic may have varying degrees of
awareness of the consequences of his acts, Mental Illnesses Covered
which awareness would also depend on the Cases covered under this article are:
degree of psychosis at the time of the [MEPSleD]
commission of the act [People v. Antonio, Jr., 1. Malignant malaria, which affects the
G.R. No. 144266 (2002)]. nervous system [People v. Lacena,
G.R. No. 46836 (1940)]
Rules in Insanity 2. Epilepsy [People v. Mancao and
1. Presumption of Sanity Aguilar, G.R. No. L-26361 (1927)]
Burden of proof of insanity is on the 3. Psychosis or schizophrenia, except
defense [People v. Aquino, G.R. No. when in remission of symptoms
87084 (1990)]. [People v. Antonio, Jr., G.R. No.
2. Insanity should exist before or at the 144266 (2002)]
moment of the act or acts under 4. Somnambulism: Sleep-walking
prosecution [People v. Aquino, supra] [People v. Taneo, G.R. No. L-37673
Insanity subsequent to commission of (1933)]
crime is not exempting. He is 5. Dementia praecox [People v. Bonoan,
presumed to be sane when he G.R. No. L-45130 (1937)]
committed it [U.S. v. Guevara, G.R. No.
9265 (1914)]. Conditions Not Considered as Insanity
3. There must be a complete 1. Amnesia – in and of itself, it is no
deprivation of intelligence in defense to a criminal charge unless it is
committing the act. shown by competent proof that the
Mere abnormality of the mental accused did not know the nature and
faculties will not exclude imputability quality of his action and that it was
[People v. Formigones, supra; Art. 13, wrong [People v. Tabugoca, G.R. No.
par. 9, RPC]. 125334 (1998)].
2. Craziness – Unusual behaviors, such
as smiling to oneself and calling a

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chicken late at night, are not proof of treatment program which may include
complete absence of intelligence counseling, skills training, education,
because not every aberration of the and other activities that will enhance
mind or mental deficiency constitutes his/her psychological, emotional, and
insanity [People v. Miraña, G.R. No. psycho-social well-being [Sec. 4(l),
219113 (2018)]. R.A. 9344]
3. Pedophilia – Despite his affliction, a
pedophile could still distinguish When Exempt from Criminal Liability:
between right and wrong [People v. 1. A child 15 years or under at the time of
Diaz, G.R. No. 130210 (1999)]. the commission of the offense shall be
exempt from criminal liability. A child is
Juridical Effects of Insanity deemed to be 15 years of age on the
date of his/her 15th birthday.
When Insanity Effect on liability
2. A child above 15 years but below 18
is Present
years of age who acted without
At the time of Exempt from liability discernment shall be exempt from
the commission [People v. Formigones, criminal liability. [Sec. 6, R.A. 9344]
of the crime supra]
In both cases, the child shall be subjected to an
During Trial He is criminally liable but intervention program. [Sec. 6, R.A. 9344]
the proceedings will be
suspended and the Discernment
accused is committed to a Capacity of the child at the time of the
hospital. commission of the offense to understand the
differences between right and wrong and the
After Judgment Execution of judgment is consequences of the wrongful act. [Sec. 4,
or while serving suspended and the A.M. No. 01-1-18-SC, Revised Rule on
sentence accused is committed to a Children in Conflict with the Law]
Hospital.
Presumption of Minority
The period of confinement A child in conflict with the law enjoys the
in the hospital is counted presumption of minority. [Sec. 5, A.M. No. 01-
for the purpose of the 1-18-SC]. In case of doubt as to the age of the
prescription of the child, it shall be resolved in his/her favor. [Sec.
penalty. 7, R.A. 9344]

Determination of Age
b. Minority 1. Child’s birth certificate
2. Baptismal certificate
Note: Pars. 2 and 3 of Art. 12, and Art. 80 of 3. Other pertinent documents
the RPC, have been amended/repealed by 4. In the absence of such documents, age
P.D. 603, as amended, and R.A. 9344. may be based on:
a. Testimony of the child
JUVENILE JUSTICE AND WELFARE ACT b. Testimony of a member of the
OF 2006 (R.A. 9344) family related by affinity or
Definition of Terms: consanguinity
1. Child - person under 18 years. c. Testimony of other persons
2. Child in conflict with the law - child d. Physical appearance of the
who is alleged as, accused of, or child
adjudged as, having committed an e. Other relevant evidence [Sec.
offense under Philippine laws. [Sec. 5, A.M. No. 01-1-18-SC]
4(e), R.A. 9344]
3. Intervention – a series of activities Any person alleging the age of the child in
designed to address issues that conflict with the law has the burden of proving
caused the child to commit an offense. the age of such child. [Sec. 7, R.A. 9344]
It may take the form of an individualized

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Civil Liability Actus me invite factus non est meus actus.
The exemption from criminal liability does not An act done by me against my will is not my
include exemption from civil liability, which act.
shall be enforced in accordance with existing
laws. [Sec. 6, R.A. 9344] The person invoking this circumstance must
show that the force exerted was such that it
General Rule: The parents shall be liable for reduced him to a mere instrument who acted
damages. not only without his will but against it [People v.
Lising, G.R. No. 106210-11 (1998)].
Exception: If they were able to prove that they
were exercising reasonable supervision over The duress, force, fear or intimidation must be
the child at the time the child committed the present, imminent and impending, and of such
offense and exerted reasonable effort and nature as to induce a well-grounded
utmost diligence to prevent or discourage the apprehension of death or serious bodily harm if
child from committing another offense. [Sec. the act is not done [People v. Villanueva, G.R.
20-D, R.A. 9344, as amended by R.A. 10630] No. L-9529 (1958)].

c. Accident e. Uncontrollable Fear

An unintended and unforeseen injurious Requisites [ERIGE]

occurrence; something that does not occur in 1. Existence of an uncontrollable fear
the usual course of events or that could not be 2. Fear must be Real and Imminent.
reasonably anticipated; an unforeseen and 3. Fear of an injury is Greater than or
injurious·occurrence not attributable to Equal to that committed [People v.
mistake, negligence, neglect, or misconduct Petenia, G.R. No. L-51256 (1986)].
[Calera v. Hoegh Fleet Services Philippines,
Inc., G.R. No. 250584 (2021)]. Fear should not be speculative, fanciful, or
remote. Such compulsion must leave no
Requisites [LDAW] opportunity to the accused for escape or self-
1. A person is performing a Lawful act; defense in equal combat [People v. Moreno,
2. Act was done with Due care; G.R. No. L-64 (1946)].
3. He causes injury by mere Accident;
and In Treason
4. Without fault or intention of causing it. In the eyes of the law, nothing will excuse that
act of joining an enemy, but the fear of
Accident v. Avoidance of greater evil immediate death [People v. Bagalawis, G.R.
Accident Avoidance No. L-262 (1947)].
[Art. 12 (4)] of Greater
Evil Uncontrollable Fear v. Irresistible Force
[Art. 11 (4)] Irresistible Uncontrollable
As to Type of Exempting Justifying Force Fear
Circumstance As to Irresistible Uncontrollable
As to Cause Offender Offender Recipient force must fear may be
of Damage accidentally deliberately of operate generated by a
causing the caused the Force/Fear directly threatened act
damage. damage. upon the directly to a
person of third person.
d. Irresistible Force the
accused.
Requisites [PIT] As to Type Injury Evil feared
1. There was compulsion by means of of feared may must be greater
Physical force Evil/Injury be lesser or at least equal
2. Physical force must be Irresistible Feared degree to the damage
3. Physical force comes from a Third than the caused to avoid
person damage it.
caused by
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the proper, in view of the number and nature of the
accused. conditions of exemption present or lacking.
As to Offender Offender
Source of uses employs Applicability
Force/Fear physical intimidation or Applicable when not all the requisites
force or threat in necessary to justify the act or to exempt from
violence to compelling criminal liability under articles 11 and 12 are
compel another to attendant. Provided, the majority of such
another commit a crime. conditions are present.
person to
commit a Effect
crime. The courts have the discretion of imposing the
penalty lower by one or two degrees than that
INSUPERABLE OR LAWFUL CAUSE prescribed by law, in view of the number and
nature of the conditions of exemption present
Insuperable or lacking.
It means insurmountable. A cause which has
lawfully, morally or physically prevented a Rules on Incomplete Justification
person to do what the law commands [People 1. When the justifying or exempting
v. Bandian, G.R. No. 45186 (1936)]. circumstance has only two (2)
requisites, the presence of one
Requisites [RFLi] element is sufficient [People v. Macbul,
1. An act is Required by law to be done G.R. No. L-48976 (1943)].
2. The person Fails to perform such act 2. Incomplete justification is a privileged
3. His failure to perform such act was due mitigating circumstance (it cannot be
to some Lawful or insuperable cause offset by aggravating circumstances)
[People v. Ulep, supra].
Examples:
1. A woman cannot be held liable for INCOMPLETE SELF-DEFENSE, DEFENSE
infanticide when she left her newborn OF RELATIVES AND STRANGERS
child in the bushes without being aware 1. Unlawful Aggression - should always
that she had given birth at all [People v. be present to be appreciated as a
Bandian, supra]. mitigating circumstance.
2. A municipal president was exempt from 2. Ordinary mitigating circumstance - if
liability in the arbitrary detention of a only unlawful aggression is present.
prisoner because it was impossible to 3. Privileged mitigating circumstance -
deliver him to the nearest judicial if two of the three requisites are present
authority within the period provided by [People v. Oanis, G.R. No. L-47722
law given the only means of (1943)].
transportation available [U.S. v.
Vincentillo, G.R. No. L-6082 (1911)]. b. Under 18 or Over 70 Years Old
(Conditional Minority)
3. Mitigating Circumstances [Art. 13]
Article 68. Penalty to be imposed upon a person
under eighteen years of age. – When the offender is
a. Incomplete Justification or a minor under eighteen years and his case is one
Exemption coming under the provisions of the paragraphs next
to the last of Article 80 of this Code, the following
Article 69. Penalty to be imposed when the crime rules shall be observed:
committed is not wholly excusable. – A penalty 1. A person aged fifteen years of age or under
lower by one or two degrees than that prescribed by at the time of the commission of the
law shall be imposed if the deed is not wholly offense shall be exempt from criminal
excusable by reason of the lack of some of the liability [R.A. 9344, Sec. 6, as amended by
conditions required to justify the same or to exempt R.A. 10630, Sec. 3].
from criminal liability in the several cases mentioned 2. Upon a person over fifteen and under
in Article 11 and 12, provided that the majority of eighteen years of age, the penalty next
such conditions be present. The courts shall impose lower than that prescribed by law shall be
the penalty in the period which may be deemed imposed, but always in the proper period.

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Effect of Minority of the Offender Considerations in Determining Existence of
When the offender is a minor under 18 years, Praeter Intentionem
the penalty next lower than that prescribed by The intention, as an internal act, is judged not
law shall be imposed, but always in the proper only by the proportion of the means employed
period [People v. Jacinto, G.R. No. 182239 by him to the evil produced by his act, but also
(2011)]. by the:
1. Weapon used [People v. Reyes, G.R.
Age How appreciated No. 42117 (1935), People v. Datu
15 and below Exempting Baguinda, G.R. No. L-14388 (1960)]
circumstance 2. Part of the body injured [People v.
Above 15 but under Without Banlos, G.R. No. L-3412 (1950)]
18 discernment: 3. Injury inflicted [People v. Flores, G.R.
Exempting No. 27093 (1927)]
circumstance 4. Manner it is inflicted. [People v. Banlos,
G.R. No. L-3412 (1950)]
With discernment: 5. Subsequent acts of the accused
Privileged Mitigating immediately after committing the
Circumstance offense. [People v. Ural, G.R. No. L-
Over 70 Ordinary Mitigating 30801 (1974)]
Circumstance
except when the d. Sufficient Provocation or Threat
penalty imposable is
death, in such case, Provocation
the penalty shall be Any unjust or improper conduct or act of the
reduced to reclusion offended party capable of exciting, inciting, or
perpetua. irritating anyone [Pepito v. Court of Appeals,
G.R. No. 119942 (1999)].
c. No Intention to Commit So Grave a
Wrong (Praeter Intentionem) Threat
Threat must not be offensive and positively
Praeter Intentionem strong, otherwise, it may result to unlawful
The offender had no intention to commit a aggression, justifying self-defense. See:
grave so wrong as what was actually discussion on self-defense [People v.
committed. [Art. 13 (3), RPC]. Guysayco, G.R. No. 4912 (1903)].

Requisites [NED] Requisites [SOPDI]

There is Notable and Evident Disproportion 1. Provocation must be Sufficient.
between the means employed to execute the 2. It must Originate from the offended
criminal act and its consequences [U.S. v. party.
Reyes, G.R. No. 12635 (1917)]. 3. It must be Personal and Directed to the
accused.
Applicability 4. It must be Immediate to the act.
Only applicable to offenses resulting in death, 5. When there is an interval of time
physical injuries, or material harm (including between the provocation and the
property damage) [People v. Galang de commission of the crime, the
Bautista, C.A., 40 O.G. 4473]. perpetrator has time to regain his
reason [People v. Pagal, G.R. No. L-
When Not Applicable 32040 (1977)].
1. Where the acts were reasonably
sufficient and did actually produce the
death of the victim. [People v. Sales,
G.R. No. 177218 (2011)]
2. Cases involving defamation or slander.
[People v. Galang de Bautista, supra]

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it was held that the influence thereof, by reason
Provocation as a Provocation as a
of its gravity, lasted until the moment the crime
Requisite of Mitigating
was committed [People v. Parana, G.R. No. L-
Incomplete Circumstance
45373 (1937)].
Self-Defense

It pertains to its It pertains to its However, this circumstance cannot be

absence on the part presence on the part considered where sufficient time has elapsed
of the person of the offended party. for the accused to regain his composure
defending himself. [People v. CA, G.R. [People v. Ventura, G.R. No. 148145-46
[People v. CA, G.R. No. 103613 (2001)] (2004)].
No. 103613 (2001)]
Gravity of Personal Offense
The question whether or not a certain personal
BAR TIP: The common set-up given in a bar offense is grave is dependent on the following
problem is that of provocation given by must be decided by the court, having in mind
somebody against whom the person provoked [TimPlaS]:
cannot retaliate; thus the person provoked 1. Time when the insult was made;
retaliated on a younger brother or on the father. 2. Place; and
Although in fact, there is sufficient provocation, 3. Social standing of the person.
it is not mitigating because the one who gave
the provocation is not the one against whom Provocation v. Vindication
the crime was committed. Provocation Vindication
[Art. 13 (6)] [Art. 13 (5)]
Look at two criteria As to It is made The grave
1. Element of time; consider: Offended directly only offense may
a. Material lapse of time, and Party to the be
b. Effect of the threat of person committed
provocation. committing against the
2. If at the time the offender committed the felony. offender’s
the crime, he is still suffering from relatives
outrage of the threat or provocation mentioned
done to him., then he will still get the by law.
benefit of this mitigating circumstance. As to The offense The
Graveness need not be offended
e. Immediate Vindication of a Grave of Offense a grave party must
Offense offense. have done a
grave
Requisites [GC-V-N] offense to
1. That there be a Grave offense done to the offender
the one Committing the felony, his of his
spouse, ascendants, descendants, relatives.
legitimate, natural or adopted brothers As to The The grave
or sisters, or Relatives by affinity within Immediate- provocation offense may
the same degree. ness of or threat be
2. That the felony is committed in Offense must proximate,
Vindication of such grave offense. A immediately which admits
lapse of time is allowed between the precede the of an interval
vindication and the doing of the grave act. of time.
offense. As to It Is a mere It concerns
3. The vindication need Not be done by Subject of spite against the honor of
the person upon whom the grave Offense the one the person.
offense was committed. giving the
provocation
Lapse of Time Allowed or threat.
Although the grave offense which engendered
the perturbation of mind was not so immediate,
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f. Passion or Obfuscation As to Passion/ Irresistible
Source of obfuscation force comes
Requisites [I-P-AUS-L]: Circum- comes from from a third
1. The accused acted upon an Impulse stance the offender person.
[Art. 13 (6), RPC]; himself.
2. The impulse must be so Powerful that As to Must arise Irresistible
it naturally produces passion or Source of from lawful force is
obfuscation in him [Art. 13(6), RPC; Sentiments sentiments unlawful.
People v. Danafrata, G.R. No. 143010 to be
(2003)]; mitigating.
3. That there be an Act, both Unlawful
and Sufficient to produce such Passion/Obfuscation vs. Provocation
condition of mind [People v. Comillo, Passion or Provocation
G.R. No. 186538 (2009)]; and Obfuscation [Art. 13 (4)]
4. That said act which produced the [Art. 13 (6)]
obfuscation was not far removed from As to Provocation comes from the
the commission of the crime by a Source of injured party.
considerable Length of time, during Provocation
which the perpetrator might recover his As to The offense Must
normal equanimity [Del Poso v. Immediate- which immediately
People, G.R. No. 210810 (2016)]. ness of endangers precede the
Commis- the commission
There is passion or obfuscation when there are sion perturbation of the crime.
causes naturally producing in a person the of the mind
following: need not be
1. Powerful excitement immediate. It
2. Loss of reason and self-control is only
3. Diminution the exercise of his will required that
power [U.S. v. Salandanan, G.R. No. the influence
951 (1902)]. thereof lasts
When Not Applicable until the
1. When the act is committed in a spirit of moment the
lawlessness or revenge [People v. crime is
Bates, G.R. No. 139907 (2003)]. committed.
2. If the cause of loss of self-control is In both, the effect is the loss
trivial and slight, obfuscation is not of reason and self-control
mitigating [U.S. v. Diaz, G.R. No. 5155 on the part of the offender.
(1910)].
3. Act causing obfuscation does not come Passion and Obfuscation Considered
from the offended party [Alforte v. Alongside Other Circumstances. Passion
People, G.R. No. 159672 (Notice) and obfuscation cannot be considered
(2014)]. separately from:
1. Treachery (Aggravating
Passion/Obfuscation vs. Irresistible Force Circumstance). Passion cannot co-
Passion or Irresistible exist with treachery because in
Obfuscation Force passion, the offender loses his control
[Art. 13 (6)] [Art. 12 (5)] and reason while in treachery the
As to Type Mitigating Exempting means employed are consciously
of Circum- Circum- Circum- adopted [People v. Germina, G.R. No.
stance stance stance 120881 (1998)].
As to Role Does not Physical 2. Provocation (Mitigating
of Physical involve force is a Circumstance). They cannot be
Force physical condition considered as two separate mitigating
force. sine qua circumstances. If these two
non. circumstances are based on the same
facts, they should be treated together
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CRIM1 CRIMINAL LAW
as one mitigating circumstance headquarters of the province
[Romera v. People, G.R. No. 151978 [People v. Casalme, G.R. No.
(2004)]. L-18033 (1966)].
3. Vindication (Mitigating
Circumstance). Vindication of a grave 3. Surrender was Voluntary
offense and passion or obfuscation Surrender is voluntary if it is
cannot be counted separately and spontaneous either because he:
independently. If these two a. Acknowledges his guilt., or
circumstances arise from one and the b. Wishes to save them the
same incident, they should be trouble and expenses that
considered as only one mitigating would be necessarily incurred
circumstance [People v. Torpio, G.R. in his search and capture
No. 138984 (2004)]. [Andrada v. People, G.R. No..
135222 (2005)]
g. Voluntary Surrender or Plea of Guilt
Not Considered Voluntary Surrender
1. Merely requesting a policeman to
1. Voluntary Surrender
accompany the accused to the police
headquarters [People v. Flores, G.R.
Requisites [NA-SV]:
No. 137497 (1994)].
1. Offender has Not been actually
2. If the only reason for the supposed
Arrested
surrender is to ensure the safety of the
Exception: Where a person, after
accused whose arrest is inevitable, the
committing the offense and having
surrender is not spontaneous and
opportunity to escape, voluntarily
hence not voluntary [People v. Pinca,
waited for the agents of the authorities
G.R. No. 129256 (1999)].
and voluntarily gave up, he is entitled
3. When the accused surrendered only 14
to the benefit of the circumstance, even
days after the commission of the
if he was placed under arrest by a
offense, as this shows that his
policeman then and there [People v.
surrender was merely an afterthought
Parana, G.R. No. L-45373 (1937)].
[People v. Agacer, G.R. No. 177751
(2011)].
2. Offender Surrendered himself to a
person in authority or to the latter’s
agent 2. Plea of Guilt
Person in authority – one directly
vested with jurisdiction. [Art. 152] Requisites [SOP]:
Agent of person in authority – 1. Offender Spontaneously confessed his
person, who, by direct provision of law, guilt;
or by election or by competent 2. Confession of guilt was made in Open
authority, is charged with the court; and
maintenance of public order and the 3. Confession of guilt was made Prior to
protection and security of life and the presentation of evidence [People v.
property and any person who comes to Crisostomo, G.R. No. L-32243 (1988)].
the aid of persons in authority. [Art.
152] Legal Effects
General Rule: While the plea of guilty is
Examples: mitigating, it is also considered an admission of
a. When the accused surrenders all material facts alleged in the information,
himself to the commanding including aggravating circumstances. The
officer [Ebajan v. Court of admission covers both the crime and its
Appeals, G.R. No. 77930-31 attendant circumstances qualifying and/or
(1989)]. aggravating [People v. Jose, G.R. No. L-28232
b. When the accused who first (1971)].
surrendered to the Municipal
Court later surrenders himself Exception: Plea of guilty cannot be held to
to the Constabulary include treachery and evident premeditation
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where the evidence adduced does not 2. Physical defect must have a Relation to
adequately disclose its existence [People v. the commission of the crime [REYES,
Gravino, G.R. No. L-31327-29 (1983)]. Book 1]

When Mitigating Note: Illness must only diminish and not

1. Change of plea if made at the first deprive the offender of the consciousness of
opportunity when his arraignment was his acts. Otherwise, he will be exempted from
first set [People v. Hermino, G.R. No. criminal liability [People v. Javier, G.R. No.
45466 (1937)]. 130654 (1999)].
2. Withdrawal of plea of not guilty before
presentation of evidence by i. Illness
prosecution [People v. Kayanan, G.R.
No. L-30355(1978)]. Requisites [DWP-DC]:
3. A plea of guilty on an amended 1. Illness of the offender must Diminish
information will be considered as an the exercise of his Will-Power.
attenuating circumstance if no 2. Illness should Not Deprive the offender
evidence was presented in connection of Consciousness of his acts [People v.
with the charges made therein [People Javier, G.R. No. 130654 (1999)].
v. Ortiz, G.R. No. L-19585 (1965)].
Illness vs. Insanity
When Not Mitigating Illness Insanity
1. Conditional plea of guilty - It is when [Art. 13 (9)] [Art. 12 (1)]
an accused admits his guilt provided Definition Refers only Insanity is a
that a certain penalty be imposed upon to diseases “manifestation
him [People v. Moro Sabilul, G.R. No. of in language or
L-3765 (1951)]. pathological conduct, of
2. Extrajudicial Confession – It is not state that disease or
voluntary confession because it was trouble the defect of the
made outside the court [People v. conscience brain, or a
Pardo, G.R. No. L-562 (1947)]. or will. more or less
3. Plea of Guilt on Appeal - Plea must permanently
be made at the first opportunity [People diseased or
v. Hermino, G.R. No. 45466 (1937)]. disordered
condition of
Plea to a Lesser Offense the mentality,
The accused may be allowed to plead guilty to functional or
a lesser offense which is necessarily included organic, and
in the offense charged, with the consent of the characterized
offended party and prosecutor. This may be by perversion,
done at arraignment or after withdrawing his inhibition, or
plea of not guilty [Sec. 2, Rule 116, ROC]. by disordered
function of the
h. Physical Defects sensory or of
the intellective
Requisites: faculties, or by
1. The offender is: impaired or
a. Deaf and Dumb disordered
b. Blind, or volition”
c. Otherwise suffering from some [People v.
physical defect which thus Dungo, G.R.
restricts his means of: No. 89420
i. Action (1991)].
ii. Defense, or As to Diminution of Complete
iii. Communication with Effect intelligence. deprivation of
his fellow beings intelligence
[People v.
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Ambal, G.R. 4. Aggravating Circumstances [Art.
No. 52688 14]
(1980); People
v. Renegado, KINDS OF AGGRAVATING CIRCUMSTAN-
G.R. No. L- CES
27031 (1974); 1. GENERIC. Those that can generally
People v. apply to all crimes. Nos. 1, 2, 3
Cruz, 109 Phil. (dwelling), 4, 5, 6, 9, 10, 14, 18, 19, and
288, 292; 20 except “by means of motor
People v. vehicles”. A generic aggravating
Puno y circumstance may be offset by a
Filomeno, generic mitigating circumstance.
G.R. No. L- 2. SPECIFIC. Those that apply only to
33211 (1981)]. particular crimes. Nos. 3 (except
How Mitigating Exempting dwelling), 15, 16, 17 and 21.
Apprecia- circumstance circumstance 3. QUALIFYING. Those that change the
ted nature of the crime (i.e. Art. 248
enumerate the qualifying AC which
j. Analogous Mitigating Circumstances qualifies the killing of person to
murder). If two or more possible
Any other circumstance of similar nature and qualifying circumstances were alleged
analogous to the nine mitigating circumstances and proven, only one would qualify the
enumerated in Art. 13 may be mitigating. offense and the others would be
generic aggravating.
Examples:
1. Stealing because of extreme poverty is Examples of qualifying aggravating
considered as analogous to incomplete circumstances:
state of necessity [People v. Macbul, a. Circumstance of treachery or
G.R. No. 48976 (1943)]. evident premeditation qualifies
2. Over 60 years old with failing sight is the killing of a person to
considered as analogous to over 70 murder. [Art. 248]
years of age mentioned in par. 2 b. Circumstances of grave abuse
[People v. Reantillo, G.R. No L-45685 of confidence and calamity
(1938)]. qualifies the crime of theft to
3. Voluntary restitution of stolen goods is qualified theft. [Art. 310]
considered as analogous to voluntary c. Circumstances of minority or
surrender [People v. Luntao, 50 O.G. taking advantage of public
1182]. office qualifies the crime of
4. Impulse of jealous feelings is simple seduction to qualified
considered as analogous to passion seduction. [Art. 337]
and obfuscation [People v. Libria, G.R.
No. L-6585 (1954)]. Generic v. Specific v. Qualifying [Reyes,
5. Testifying for the prosecution, without Book 1]
previous discharge is considered as Generic Specific Qualifying
analogous to a plea of guilty [People v.
Navasca, G.R. No. L-29107 (1977)]. As to Penalty Imposed
6. Voluntarily taking a stolen cow back to
the authorities to save them the time Increases Increases It places the
and effort of looking for the cow is the penalty the penalty author of the
considered as analogous to voluntary to the to the crime in such a
surrender [Canta v. People, G.R. No. maximum maximum situation as to
140937 (2001)]. period. period. deserve another
penalty, as
specially

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d. Taking advantage of public
prescribed by
position [Art. 171]
law.
e. Membership in an
As to Applicability organized/syndicated crime
group [Art. 62]
Applicable Applicable Applicable only f. Certain Circumstances in
to all to to relevant relation to Arson [Sec. 4, P.D.
crimes. particular provisions 1613]
crimes. where such
circumstances Penalty Not Increased Despite Presence of
were specified Aggravating Circumstances:
(e.g. Art. 248- 1. Aggravating circumstances which are
Murder). included by the law in defining a crime
and prescribing the penalty [Art. 62,
As to the Nature of the Circumstance par. 1].
2. Aggravating circumstances inherent in
It is not an It is not an Circumstance the crime to such a degree that it must
ingredient ingredient affects the of necessity accompany the
of the of the nature of the commission thereof [Art. 62, par. 2].
crime. It crime. It crime itself such Aggravating Circumstances Personal to
only affects only affects that the Offenders
the penalty the penalty offender shall Aggravating circumstances which arise from:
to be to be be liable for a 1. Moral attributes of offender (evident
imposed. imposed. more serious premeditation);
crime. 2. His private relations with offended
party (consanguinity and affinity); and
Circumstance is 3. Any other personal cause (recidivism).
actually an
ingredient of the Effect: Above circumstances shall only serve
crime. to aggravate the liability of the principals,
accomplices, and accessories as to whom
As to being offset such circumstances apply [Art. 62, par. 3].
Can be Can be Cannot be Aggravating Circumstances which Depend
offset by an offset by offset by any on the Knowledge for their Application
ordinary ordinary mitigating The following circumstances shall serve to
mitigating mitigating circumstance. aggravate the liability of only the persons who
circum- circum- had knowledge of them at the time of the
stance. stance. execution of the act or their cooperation
therein:
4. INHERENT. Those that are already 1. Circumstances related to the material
elements of the felony and are thus no execution of the act; and
longer considered against the offender 2. Circumstances related to the means
in the determination of the felony. employed to accomplish it (e.g.
[Boado Comprehensive Reviewer, p. nighttime) [Art. 62, par. 4]
55]
5. SPECIAL. Those which arise under Aggravating/Qualifying Circumstance Must
special conditions to increase the be Alleged in the Information
penalty of the offense and cannot be Every Complaint or Information must state the
offset by mitigating circumstances: qualifying and aggravating circumstances
a. Quasi-recidivism [Art. 160] [Sec. 8, Rule 110, Revised Rules of Criminal
b. Complex crimes [Art. 48] Procedure]. If not alleged, they may still be
c. Error in personae [Art. 49] considered in the award for damages [People
v. Evina, G.R. Nos. 12430-31 (2003)].

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Requisites of Aggravating Circumstances [PuCoRDAOP NiCARHAP IECSTIU BUMOC]
Aggravating Requisites Basis
Circumstance

Par. 1. Taking [PIPAM] Personal

advantage of Public 1. Offender is a Public Officer circumstance of the
office 2. Such officer used the Influence, Prestige or offender and the
Ascendancy which his office gives him means to secure the
3. The same was used as Means by which he commission of the
realizes his purpose. crime

Par. 2. In Contempt [ENOKP] Lack of respect for

of or with insult to 1. Public authority is Engaged in the exercise of his the public authorities
public authorities functions.
2. Public authority is Not the person against whom
the crime is committed.
3. Offender Knows him to be a public authority.
4. His Presence has not prevented the offender
from committing the criminal act.

Par. 3. With insult or [RASD] Personal circum-

lack of regard due to 1. Insult or disregard was made on account of: stances of the
offended party by a. Rank – designation or title used to fix the offended party
reason of Rank, relative position of the offended party in
age, or sex reference to others. There must be a
difference in the social condition of the
offender and offended party
b. Age - May refer to old age or tender age of
the victim.
c. Sex - Refers to the female sex [(People v.
Inggo, G.R. No. 140872 (2003)]
2. Such insult or disregard was Deliberately
intended.

Par. 3. Dwelling [BS(ReCo) + NP] Place of the commis-

1. Act was committed in the dwelling, which may sion of the crime
pertain to a:
1. Building; or
2. Structure, which is
3. Exclusively used for Rest and
Comfort.
2. Offended party must Not give Provocation.

Par. 4. Abuse of [TAF] Means and ways

confidence 1. Offended party had Trusted the offender. employed in commis-
2. Offender Abused such trust by committing a sion of the crime
crime against the offended party.
3. The abuse of confidence Facilitated the
commission of the crime.

Par. 4. Obvious [TAU] Means and ways

ungratefulness 1. Offended party Trusted the offender; employed in commis-
2. Offender Abused such trust; and sion of the crime

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Aggravating Requisites Basis
Circumstance

3. Act was committed with obvious

Ungratefulness.

Par. 5. In the palace Crime was committed: [PalPreDRW] Place of the commis-
of the Chief 1. In the Palace of the Chief Executive, or sion of the crime
Executive or in his 2. In his Presence, or
presence, or where 3. Where public authorities are engaged in the
public authorities Discharge of their duties, or
are engaged in the 4. In a place dedicated to Religious Worship
discharge of their
duties, or in a Place
dedicated to
religious worship

Par. 6. Nighttime, Circumstances of nighttime, uninhabited place or Time, place, and

uninhabited place, band: [FES] means of the
by a band 1. Facilitated the commission of the crime; commis-sion of the
[Reyes, Book 1, p. 364]; and crime
2. Was Especially Sought for by the offender to
insure the commission of the crime or for the
purpose of impunity; [People v. Pardo, G.R.
No. L-562 (1947)].

Par. 7. On occasion The offender must take advantage of the calamity Time and place of the
of a Calamity or misfortune commis-sion of the
crime

Par. 8. Aid of Armed [ArMC AAA] Means and ways

men or means to 1. That the armed men or persons took part in employed in commis-
ensure impunity the Commission of the crime, directly or sion of the crime
indirectly; and
2. Accused Availed himself of their Aid or relied
upon them when the crime was committed.

Par. 9. Recidivism [TPCSC] Inclination to commit

1. Offender is on Trial for an offense; crime
2. He was Previously Convicted by final judgment
of another crime;
3. That both the 1st and 2nd offenses are
embraced in the Same title of the Code; and
4. Offender is Convicted of the new offense.

Par. 10. Reiteracion [TP-SEG2-C] Inclination to commit

or Habituality 1. Accused is on Trial for an offense; crime
2. He Previously Served sentence for another
offense to which the law attaches:
1. an equal or greater penalty, or
2. For 2 or more crimes to which it
attaches lighter penalty than that
for the new offense; and
3. That he is Convicted of the new offense.

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Aggravating Requisites Basis
Circumstance

Par. 11. Price, [TOAI] Motivating power

reward, or promise 1. There must be Two or more principals
1. One who gives or Offers price or
promise
2. One who Accepts it
2. Price, reward, or promise must be for the
purpose of Inducing another to perform the deed.

The price, reward or promise need not: [MAD]

1. Consist of or refer to Material things; or
2. Be Actually Delivered; it being sufficient that the
offer made by the principal by inducement was
accepted by the principal by direct participation
before the commission of the offense.

Par. 12. Inundation, Crime was committed by means of: [IFPESIDO] Means and ways
fire, poison, 1. Inundation employed in commis-
explosion, etc. 2. Fire sion of the crime
3. Poison
4. Explosion
5. Stranding of a vessel
6. Intentional damage to a vessel
7. Derailment of a locomotive
8. Any Other artifice involving great waste and ruin

Par. 13. Evident Prosecution must prove: [TAL] Means and ways
premeditation 1. Time when the offender determined to commit employed in
the crime; commission of the
2. An Act manifestly indicating that the culprit has crime
clung to his determination; and
3. A sufficient Lapse of time between the
determination and execution, to allow him to reflect
upon the consequences of his act and to allow his
conscience to overcome the resolution of his will.

Par. 14. Craft, fraud, That the crime was committed by means of: Means and ways
or disguise 1. Craft: Intellectual trickery and cunning on the employed in commis-
part of the accused; sion of the crime
2. Fraud: Insidious words or machinations used to
induce the victim to act in a manner which would
enable the offender to carry out his design; or
3. Disguise: Any device to conceal identity

Par. 15. Superior [NIP] Means and ways

strength or means 1. There is a Notorious Inequality of forces employed in commis-
to weaken defense between victim and aggressor. sion of the crime
2. Offender Purposely used excessive force out of
proportion to the means of defense available to the
persons attacked.

Par. 16. Alevosia [CAN] Means and ways

(Treachery) employed in commis-
sion of the crime

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Aggravating Requisites Basis
Circumstance

1. Offender Consciously Adopts particular means,

methods, or forms tending directly and specially to
ensure the execution of the crime.
2. The employment of such means gave the
offended party No opportunity to defend himself or
retaliate.

Par. 17. Ignominy The means employed or the circumstances Means and ways
brought about must tend to make the effects of the employed in commis-
crime more humiliating or to put the offended party sion of the crime
to shame.

Par. 18. Unlawful Entrance is effected by a way not intended for the Means and ways
entry purpose. employed in
commission of the
crime

Par. 19. Breaking [WaRFDWiE] Means and ways

wall, floor, roof 1. Breaking the Wall, Roof, Floor, Door, or Window employed in commis-
is a means to the commission of the crime; and sion of the crime
2. Breaking was used as a means to effect
Entrance and not merely for escape.

Par. 20. With aid of Commission of the crime is committed with the aid Means and ways
persons Under 15 of children under 15 years of age employed in commis-
sion of the crime

Repress practice of
criminals to avail of
minors and take
advantage of their
irresponsibility

Par. 20. By Motor [MS-MC(GoCaF)] Means and ways

vehicles, airships, or 1. That any of the following was used: employed in commis-
other similar means a. Motorized vehicles; or sion of the crime
b. Other efficient means of transportation
Similar to automobile or airplane. To counteract the
2. The same was used as Means of Committing great facilities found
the crime, such as by using the same to: by modern criminals
a. Go to the place of the crime as means to commit
b. Carry away the effects thereof; and crime, and flee and
c. Facilitate their escape abscond

Par. 21. Cruelty [DIUE] Means and ways

1. Injury caused be was Deliberately Increased by employed in commis-
causing other wrong; sion of the crime
2. Other wrong was Unnecessary for the Execution
of the purpose of the offender.
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a. Taking Advantage of Public Office c. Insult or Disregard of the Respect
Due the Offended Party on Account of
Kind: Generic & Special Aggravating His: (a) Rank; (b) Age; or (c) Sex, or that
Circumstance [R.A. 7659] It Be Committed in the Dwelling of the
Offended Party
Requisites [PIPAM]
1. Offender is a Public Officer These may be considered singly when their
2. Such officer used the Influence, elements are distinctly perceived and can
Prestige or Ascendancy which his subsist independently [People v. Santos, 91
office gives him Phil. 320, 327-328 (1952)].
3. The same was used as Means by
which he realizes his purpose. [U.S. v. 1. Insult or Disregard
Rodriguez, G.R. No. 6344 (1911)]
Kind: Specific Aggravating Circumstance
Test: “Did the accused abuse his office in order Specific to crimes against persons or honor
to commit the crime?” [U.S. v. Rodriguez, G.R. [People v. Pagal, G.R. No. L-32040 (1977)].
No. 6344 (1911)]
Requisites: [RASD]
If the accused could have perpetrated the 1. Insult or disregard was made on
crime even without occupying his position, account of:
there is no abuse of public position [People v. a. Rank – designation or title
Villamor, G.R. Nos. 140407-08 (2002)]. used to fix the relative position
of the offended party in
b. Contempt or Insult to Public reference to others. There
Authorities must be a difference in the
social condition of the offender
Kind: Generic Aggravating Circumstance and offended party
b. Age - May refer to old age or
Requisites [ENOKP] tender age of the victim.
1. Public authority is Engaged in the c. Sex - Refers to the female sex
exercise of his functions [Art. 14 (3), RPC]
2. Public authority is Not the person 2. Such insult or disregard was
against whom the crime is committed Deliberately intended
3. Offender Knows him to be a public
authority Deliberately Intended
4. His Presence has not prevented the There must be evidence that in the commission
offender from committing the criminal of the crime, the accused deliberately intended
act. to offend or insult the sex or age of the offended
party [People v. Mangsat, G.R. No. L-34675].
Note: If the crime is committed against the
public authority while in the performance of his Not Considered as Aggravating
duty, the offender commits direct assault Circumstance:
instead [Art. 148, RPC]. 1. When the offender acted with passion
and obfuscation [People v. Ibañez,
Effect of Failure to Allege Knowledge in G.R. No. 197813].
Information 2. When there exists a relationship
Failure to expressly allege in the Information between the offended party and the
that the accused had the knowledge that the offender [People v. Valencia, G.R. No.
person attacked was a person in authority does L-39864 (1993)].
not render the information defective so long as 3. When the condition of being a woman
there are facts therein from which it can be is indispensable in the commission of
implied that the accused knew that the person the crime (e.g., rape, abduction, or
attacked was a person in authority [People v. seduction). [Reyes, Book 1, p. 348]
Balbar, G.R. Nos. L-20216-17 (1967)].

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Guidelines to Prove Age c. Exclusively used for Rest and
1. The Court established the guidelines in Comfort.
appreciating age, either as an element 2. Offended party must Not give
of the crime or as a qualifying Provocation.
circumstance, as follows:
2. Best evidence - original or certified Dwelling
true copy of the certificate of live birth Building or structure, exclusively used for rest
of such party. and comfort. It is not necessary that the victim
3. In the absence of a certificate of live owns where she lives or dwells. A lessee,
birth, similar authentic documents boarder, or bedspacer can consider such place
(e.g., baptismal certificate and school as his home, the sanctity of which the law
records which show the date of birth) seeks to uphold [People v. Daniel, G.R. No. L-
4. In the absence of the foregoing, 40330 (1978)].
testimony, if clear and credible, of the
victim's mother or a member of the Dwelling includes dependencies such as the
family either by affinity or consanguinity foot of the staircase and enclosure under the
who is qualified to testify on matters house [U.S. v. Tapan, G.R. No. 6504 (1911)].
respecting pedigree such as the exact
age or date of birth of the offended Dwelling cannot be appreciated as an
party pursuant to Section 40, Rule 130 aggravating circumstance when the rape is
of the Rules on Evidence shall be committed on the ground floor of a two-story
sufficient under the following structure, the lower floor being used as a video
circumstances: rental store and not as a private place of abode
a. If the victim is alleged to be or residence [People v. Tao, G.R. No. 133872
below 3 years of age and what (2000)].
is sought to be proved is that
she is less than 7 years old; Dwelling v. Domicile
b. If the victim is alleged to be Dwelling should not be understood in the
below 7 years of age and what concept of a domicile. A person can have more
is sought to be proved is that than one dwelling.
she is less than 12 years old;
c. If the victim is alleged to be Considered as Aggravating
below 12 years of age and what Circumstances:
is sought to be proved is that 1. Even without entry to dwelling - it is
she is less than 18 years old. enough that the victim was attacked
5. In the absence of the foregoing, the inside his own house [People v.
complainant's testimony will suffice Ompaid, G.R. No. L-23513 (1969)].
provided that it is expressly and clearly 2. When crime was committed outside
admitted by the accused. the dwelling - Dwelling is still
aggravating if the commission of the
Note: It is the prosecution that has the burden crime began inside the dwelling [U.S. v.
of proving the age of the offended party. The Lastimosa, G.R. No. 9178 (1914)].
failure of the accused to object to the
testimonial evidence regarding age shall not be Not Considered as an Aggravating
taken against him [People v. Arpon, G.R. No. Circumstance:
183563 (2011)]. 1. When both offender and offended party
are occupants of the same house [U.S.
2. Act Committed in Dwelling v. Rodriguez, supra.], and this is true
even if offender is a servant of the
Kind: Generic Aggravating Circumstance house [People v. Caliso, supra].
2. When the owner of the dwelling gave
Requisites [BS(ReCo) + NP] sufficient and immediate provocation
1. Act was committed in the dwelling, [People v. Molina y Flores, G.R. No.
which may pertain to a: 129051 (1999)].
a. Building; or 3. Crimes where Dwelling is Inherent:
b. Structure, which is
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a. Trespass to Dwelling [Art. 280, 2. In his Presence, or
RPC] 3. Where public authorities are engaged
b. Robbery with force upon things in the Discharge of their duties, or
[Art. 299, RPC] 4. In a place dedicated to Religious
Worship.
d. Abuse of Confidence or Obvious
Ungratefulness Note: Offender must have the intention to
commit a crime when he entered the place
Kind: Generic Aggravating Circumstance [People v. Jaurigue, C.A. No. 384 (1946)].

Where public authorities are engaged in the

1. Abuse of Confidence discharge of their duties (Par. 5) v.
Contempt or insult to public authorities
Requisites: [TAF] (Par. 2)
1. Offended party Trusted the offender
Public Contempt
2. Offender Abused such trust
Authorities or Insult to
3. Abuse of confidence Facilitated the
Engaged in Public
commission of the crime
Discharge Authorities
of Duties (Par. 2)
Confidence
(Par. 5)
Confidence between the offender and the
Public authorities are
offended party must be immediate and
engaged in the performance
personal. If two persons just met for the first
of their duties.
time, there can be no personal or immediate
As to Acts Crime was Crime was
relationship upon which confidence might rest
Punished committed in committed in
between them [People v. Mandolado, G.R. No.
a place here the presence
L-51304-05 (1983)].
public of a public
authorities authority
Abuse Confidence is an Inherent
Circumstance of: are engaged engaged in
in the the
1. Qualified seduction [Art. 337, RPC]
discharge of performance
2. Qualified theft [Art. 310, RPC]
their duties. of his
3. Estafa by conversion or
function,
misappropriation [Art. 315, RPC]
regardless of
4. Malversation [Art. 217, RPC]
the place.
As to Offended Public
2. Obvious Ungratefulness Offended party may or authority
Party may not be should not
Requisites: [TAU] the public be the
1. Offended party Trusted the offender authority. offended
2. Offender Abused such trust party.
3. Act was committed with obvious
Ungratefulness
f. Crime was Committed (1) in the Night
e. Crime was Committed in the Palace Time, or (2) in an Uninhabited Place, or
of the Chief Executive or In His (3) by a Band, Whenever Such
Circumstances May Facilitate the
Presence, or Where Public Authorities
are Engaged in the Discharge of their Commission of the Offense
Duties, or In A Place Dedicated to Kind: Generic Aggravating Circumstance
Religious Worship
Requisites:
Kind: Generic Aggravating Circumstance Circumstances of nighttime, uninhabited place
or band: [FES]
Four (4) Circumstances Contemplated 1. Facilitated the commission of the
Crime was committed: [PalPreDRW] crime;
1. In the Palace of the Chief Executive, or
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2. Was Especially Sought for by the 2. Uninhabited Place
offender to insure the commission of
the crime or for the purpose of impunity It is determined not by the distance of the
[People v. Pardo, G.R. No. L-562 nearest house to the scene of the crime but
(1947)]. whether or not in the place of the commission
of the offense, there was a reasonable
Can be Considered Separately possibility of the victim receiving some help
General Rule: If they concur in the [People v. Desalisa, G.R. No. 95262 (1994)].
commission of the crime, they are considered
as one aggravating circumstance. Solitude must be sought to better attain the
criminal purpose [People v. Aguinaldo, G.R.
Exception: When the following are present: No. 33843 (1931)].
1. When their elements are distinctly
perceived When place of crime could be seen and the
2. When they can subsist independently. voice of the victim could be heard from a
3. When it reveals a greater degree of nearby house, the place of the crime is not
perversity [People v. Santos, G.R. No. “uninhabited” [People v. Laoto, G.R. No. 1928
L41-89 (1952)]. (1928)].

1. Nighttime (Nocturnidad) 3. Band (Cuadrilla)

The commission of the crime must begin and It is necessary that there be more than three
be accomplished in the nighttime (after sunset armed malefactors acting together in the
and before sunrise, cf. Art. 13, Civil Code). commission of the offense [Art. 14(6); People
v. Atencio, G.R. No. L-22518 (1968)]
Two (2) Tests for Nocturnity
1. Objective test – nighttime is This aggravating circumstance requires that
aggravating because the darkness there should be at least four persons who
facilitated the commission of the commit the crime, all of whom should be
offense; [People v. Pardo, G.R. No. L- armed. Even if there are four offenders, but
562 (1947)] and only three or less are armed, it is not a band.
2. Subjective test – nighttime is Here, there is no evidence that all four accused
aggravating because the darkness was were armed at the time of the perpetration of
purposely sought by the offender the crime. Hence, this circumstance cannot be
[People v. Ventura, supra]. appreciated against the appellants [People v.
Solamillo, G.R. No. 123161 (2003)].
Nighttime and Treachery
General Rule: Nighttime is absorbed in If only two of the accused carried firearms, en
treachery if it is part of the treacherous means cuadrilla cannot be appreciated as aggravating
to insure the execution of the crime [People v. circumstance [People v. Oco, G.R. Nos.
Ong, G.R. No. 34497 (1975)]. 137370-71 (2003)].

Exception: Where both the treacherous mode Requisites:

of attack and nocturnity were deliberately 1. More than three malefactors
chosen upon the same case. Both may be 2. All of them should be armed [People v.
perceived distinct from one another [People v. Solamillo, supra; People v. Oco, supra]
Berdida, G.R. No. L-20183 (1966)]. 3. Malefactors acted together in the
commission of the offense
Well-lit place
When the place is illuminated by light, Abuse of superior strength and use of firearms
nighttime is not aggravating [People v. Bato, are absorbed by the aggravating circumstance
G.R. No. L-23405 (1967)]. of by a band [People v. Escabarte, G.R. No. L-
42964 (1988)].

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Not Considered as Aggravating commission of the crime acted under
Circumstance in Brigandage the same plan and for the same
Brigandage is committed by more than three purpose [People v. Piring, G.R. No.
armed persons forming a band of robbers [Art. 45053 (1936)].
306, RPC]. Thus, that the crime was committed 3. Casual presence, or when the offender
by a band is inherent in the definition of the did not avail himself of their aid nor
crime and is not aggravating [Reyes, Book 1, knowingly count upon their assistance
p. 374]. in the commission of the crime [U.S. v.
Abaigar, G.R. No. 1255 (1903)].
g. On the Occasion of a Conflagration,
Shipwreck, Earthquake, Epidemic or By a Band (Par. 6) v. Aid of Armed Men (Par.
Other Calamity or Misfortune 8)
By a Band With Aid of
Kind: Generic Aggravating Circumstance (Par. 6) Armed Men
(Par. 8)
Rationale: The debased form of criminality of As to Requires At least 2
one who, in the midst of a great calamity, Number of more than 3 armed men
instead of lending aid to the afflicted, adds to Malefactors armed
their suffering by taking advantage of their malefactors
misfortune and despoiling them [U.S. v. (at least 4)
Rodriguez, G.R. No. 6344 (1911)]. As to Band Armed men
Degree of members are mere
Requisite: Participation are all accomplices
Offender must take advantage of the calamity principals [Reyes,
or misfortune. [Reyes, Book 1, p.
Book 1, p. 376]
“Or Other Calamity or Misfortune” 372]
Refers to other conditions of distress similar to
“conflagration, shipwreck, earthquake or i. Recidivism
epidemic.”
Kind: Generic Aggravating Circumstance
h. Aid of Armed Men or Persons Who
Insure or Afford Impunity Requisites [TPCSC]
1. Offender is on Trial for an offense;
Kind: Generic Aggravating Circumstance 2. He was Previously Convicted by final
judgment of another crime;
Requisites: [ArMAAA] 3. Both the first and second offenses are
1. Armed men or persons took part in the embraced in the Same title of the Code;
commission of the crime, directly or 4. Offender is Convicted of the new
indirectly; and offense.
2. Accused Availed himself of their Aid or
relied upon them while the crime was See: Recidivism under Multiple Offenders for
committed. detailed discussion

Armed Men j. Reiteracion

Persons equipped with weapons. It also covers
armed women [People v. Licop, G.R. No. Kind: Generic Aggravating Circumstance
L06061 (1954)].
Requisites: [TP-SEG2-C]
Not Considered as an Aggravating 1. Offender is on Trial for an offense.
Circumstance: 2. He was Previously Served sentence
1. When both the attacking party and the for:
party attacked were equally armed. a. Another offense of Equal or
[Albert] Greater penalty than the new
2. When the accused as well as those offense; or
who cooperated with him in the
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b. 2 or more crimes of lighter 2. Fire
penalty 3. Poison
3. Offender is Convicted of the new 4. Explosion
offense. 5. Stranding of a vessel
6. Intentional damage to a vessel
See: Reiteracion under Multiple Offenders for 7. Derailment of a locomotive
detailed discussion. 8. Any Other artifice involving great waste
and ruin
k. In Consideration of a Price, Reward,
or Promise Use of Fire as to Arson and Murder
1. If intent is to kill – crime is murder and
Kind: Generic Aggravating Circumstance fire is considered as a qualifying
circumstance, even if the house is
Requisites: [TOAI] burned in the process. [Art. 248, RPC]
1. There must be Two or more principals: 2. If the intent is to destroy property –
a. One who gives or Offers price crime is arson even if someone dies as
or promise; and consequence [People v. Paterno, et al.,
b. One who Accepts it [Reyes, G.R. No. L-2665 (1950)].
Book 1].
2. Price, reward, or promise must be for m. Evident Premeditation
the purpose of Inducing another to
perform the deed. [Reyes, Book 1] Kind: Generic Aggravating Circumstance

The price, reward or promise need not: [MAD] Requisites [TAL]

1. Consist of or refer to Material things; or The prosecution must prove:
2. Be Actually Delivered; it being 1. The Time when the offender
sufficient that the offer made by the determined to commit the crime;
principal by inducement was accepted 2. An Act manifestly indicating that the
by the principal by direct participation culprit has clung to his determination;
before the commission of the offense. and
[Regalado, pp. 100-101] 3. Sufficient Lapse of time between the
determination and execution, to allow
When this circumstance is present, it affects him to reflect upon the consequences
not only the person who received the price or of his act and to allow his conscience
reward, but also the person who gave it. to overcome the resolution of his will
[Reyes, Book 1] [People v. Raquipo, G.R. No. 90766
(1990)].
Voluntarily giving such price or reward without
previous promise, as an expression of Evident premeditation must be based on
appreciation for the sympathy and aid, is not external facts which are evident, not merely
takn into consideration to increase the penalty suspected, which indicate deliberate planning
[U.S. v. Flores, G.R. No. 9008 (1914)]. [People v. Abadies, G.R. No. 135975 (2002)].

l. Committed by Means of Inundation, There must be direct evidence showing a plan

Fire, Poison, Explosion, Stranding of a or preparation to kill, or proof that the accused
Vessel or Intentional Damage Thereto, meditated and reflected upon his decision to kill
Derailment of a Locomotive, or By the the victim. Criminal intent must be evidenced
by notorious outward acts evidencing a
Use of Any Other Artifice Involving determination to commit the crime. In order to
Great Waste and Ruin be considered an aggravation of the offense,
the circumstance must not merely be
Kind: Generic Aggravating Circumstance "premeditation" but must be "evident
premeditation" [People v. Abadies, G.R. No.
Requisites: [IFPESIDO] 135975 (2002)].
Crime was committed by means of:
1. Inundation
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Essence of premeditation by which he intends to
1. An opportunity to coolly and serenely accomplish it (e.g. arson, theft,
think and deliberate estafa, etc.) [People v. Cu,
a. On the meaning; and G.R. No. L-13413 (1977)].
b. Consequences of what he b. Robbery; except in robbery
planned to do. with homicide if the
2. An interval long enough for his premeditation includes the
conscience and better judgment to killing of the victim [People v.
overcome his evil desire and scheme Valeriano, G.R. No. L-2159
[People v. Durante, G.R. No. L-31101 (1951)].
(1929)]. c. Treason [People v. Racaza,
G.R. No. L-365 (1942)]
Note: 3. Error in personae – Premeditation is
• Premeditation must be based upon not aggravating when there is mistake
external facts, and must be evident, of identity as the victim is not the object
not merely suspected indicating of premeditation [People v. Dueño,
deliberate planning [People v. Mariano, G.R. No. L-31102 (1979)].
G.R. No. 134847 (2000)]. 4. Aberratio ictus – When the victim is
• The date and time when the offender different from that intended,
determined to commit the crime is premeditation is not aggravating
essential, because the lapse of time [People v. Hilario, et al., G.R. No.
for the purpose of the third requisite is 128083 (2001)].
computed from that date and time
[Rabor v. People, G.R. No. 140344 n. Craft, Fraud, or Disguise was
(2000)]. Employed
• Conspiracy presupposes
premeditation [U.S. v. Cornejo, G.R. Kind: Generic Aggravating Circumstance
No. 9773 (1914)] Exception: When
conspiracy is merely implied [People v. Crime was committed by means of:
Upao Moro, G.R. No. L-6771 (1957)]. 1. Craft - It is chicanery resorted to by the
• It is not necessary that the accused accused to aid in the execution of his
premeditated the killing of a criminal design [People v. Zea, G.R.
particular individual. If the offender No. L-23109 (1984)].
premeditated on the killing of any 2. Fraud - When there is a direct
person (general attack), it is proper to inducement by insidious words or
consider as an aggravating machinations, fraud is present. [People
circumstance because whoever was v. Labuguen, G.R. No. 127849 (2000)]
killed was contemplated in the 3. Disguise - When one uses some
premeditation [US v. Manalinde, G.R. device to prevent recognition [People
No. L-5292 (1909)]. v. Bermas, G.R. Nos. 76416 & 94312
(1999)].
Not Considered as Aggravating TEST: Whether the device or
Circumstance: contrivance was intended to or did
1. Anger or Grudge - The mere make identification more difficult, such
existence of ill-feeling or grudge as the use of a mask, false hair or
between the parties is not sufficient to beard [People v. Reyes, G.R. No.
establish premeditated killing. There 118649 (1998)].
must be an outward act showing or
manifesting criminal intent [People v. If Disguise was Ineffective
Bernal, G.R. No. 113685 (2002)]. When in spite of the use of disguise, the culprits
2. Crimes Where Premeditation is were recognized by the victim, disguise is not
Inherent: considered as an aggravating circumstance
a. Preconceived act – where the [People v. Sonsona, G.R. No. L-8966 (1956)].
accused would execute the
preconceived act only after
having thought out the method
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Craft v. Fraud v. Disguise 1. Advantage of Superior Strength
Craft Fraud Disguise
To use purposely excessive force out of
As to Purpose proportion to the means of defense available to
the person attacked [People v. Martinez, G.R.
Done in Done to induce Done to No. L-31755 (1980)].
order to not someone through conceal
arouse insidious words identity Requisites: [NIP]
suspicion and 1. There is a Notorious Inequality of
machinations forces between victim and aggressor
[People v. Barcelon, G.R. No. 144308
(2002)].
Craft and Fraud absorbed in Treachery 2. Offender Purposely used excessive
Craft and fraud may be absorbed in treachery force out of proportion to the means of
if they have been deliberately adopted as the defense available to the persons
means, methods or forms for the treacherous attacked [People v. Sansaet, G.R. No.
strategy. Otherwise, they may co-exist 139330 (2002)].
independently where they are adopted for a
different purpose in the commission of the Considerations in Determining Abuse of
crime [People v. Lab-eo, supra]. Superior Strength
1. Age;
Not Considered as an Aggravating 2. Size; and
Circumstance 3. Strength of the parties [People v.
1. Qualified theft [Art. 310, RPC] – Craft Cabato, G.R. No. L-37400 (1988)]
is an element of qualified theft [People
v. Tiongson, C.A., 59 O.G. 4521]. The means used must not totally eliminate
2. Crimes where Fraud is inherent: possible defense of the victim, otherwise it will
a. Preventing the meeting of fall under treachery.
Congress and similar bodies
[Art. 143, RPC] Not Considered as an Aggravating
b. Violation of parliamentary Circumstance:
immunity [Art. 145, RPC] 1. When one who attacks is overcome
c. Crimes against public interest with passion and obfuscation [Reyes,
under Chapter Three Book 1]
d. Crimes committed by public 2. When quarrel arose unexpectedly
officers under Chapter Three [U.S. v. Badines, G.R. No. 1951
e. Execution of deeds by means (1905)]
of violence or intimidation [Art. 3. When treachery is present, superior
298, RPC] strength is absorbed. [People v. Mobe,
f. Crimes against property under G.R. No. L-1292 (1948)]
Chapters 5 and 6 4. Crimes where Abuse of Superior
g. Marriage contracted against Strength is Inherent:
the provisions of the law [Art. a. Parricide [People v. Galapia,
350, RPC] G.R. Nos. L-39303-05 (1978)]
h. Rape through fraudulent b. Rape [People v. de Leon, G.R.
machination [Art. 266-A (1)(c), No. 128436 (1999)]
RPC]
Note: For superior strength to aggravate a
o. (i) Taking Advantage of Superior crime, it must be clearly shown that there was
Strength; or (ii) Means were Employed deliberate intent to take advantage of it. The
to Weaken the Defense mere fact that the accused were superior in
number is not sufficient to consider the use of
Kind: Specific Aggravating Circumstance superior strength [People v. Martinez, supra].

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By a Band v. Abuse of Superior Strength upon the result thereof but upon the means
itself. Thus, frustrated murder could be
By a band Abuse of superior
aggravated by treachery [People v. Parana,
strength
G.R. No. 45373 (1937)].
When the offense is The gravamen of
committed by more abuse of superiority Sudden Attack
than 3 armed is the taking The mode of attack must be consciously
malefactors advantage by the adopted. The accused must make some
regardless of the culprits of their preparation to kill the deceased in such manner
comparative collective strength to as to insure the execution of the crime or to
strength of the overpower their make it impossible or hard for the person
victim. weaker victims. attacked to defend himself or retaliate [People
v. Tumaob, G.R. Mo. 125690 (1998)].

2. Means Employed to Weaken Defense Treachery may still be appreciated even when
the victim was forewarned of danger to his
The offender employs means that materially person. What is decisive is that the execution
weakens the resisting power of the offended of the attack made it impossible for the victim
party [People v. Ducusin, G.R. No. 30724 to defend himself or to retaliate [People v.
(1929)]. Malejana, G.R. No. 145002 (2006)].

Where one, struggling with another, suddenly Hence, a sudden attack by the assailant,
throws a cloak over the head of his opponent, whether frontally or from behind, is treachery if
and, while in this situation, wounds or kills him he deliberately adopted such mode of attack
employs means to weaken the defense [U.S. v. with the purpose of depriving the victim of a
Devela, G.R. No. 1542 (1904)]. chance to either fight or retreat [People v. Lab-
eo, supra].
This aggravating circumstance is appreciated
where the accused intentionally intoxicated the In a 2019 decision penned by J. Zalameda, the
victim [People v. Ducusin, supra]. Court emphasized that the mere suddenness
of an attack does not necessarily equate to
p. Treachery (Alevosia) treachery. Even though the victim may have
been unarmed and was stabbed at the
Kind: Specific Aggravating Circumstance; doorstep, that it was done in broad daylight, in
Specific to crimes against persons a house shared with other tenants, and within
the immediate view and proximity of the
Requisites: [CAN] witness, negates that the attack was done
1. Offender Consciously Adopts deliberately to ensure the victim would not be
particular means, methods, or forms able to defend himself, or to retreat, or even to
tending directly and specially to ensure seek help from others [People v. Dela Cruz,
the execution of the crime. G.R. No. 227997 (2019)].
2. The employment of such means gave
the offended party No opportunity to Example of Frontal Attack: There is
defend himself or retaliate [Art. 14, par. treachery when the victim is shot, albeit
16, RPC]. frontally, with his hands raised to show that he
would not fight, or because of fright, or to try to
The essence of treachery is that by virtue of the ward off the shots that were to come [People v.
means, method or form employed by the Dulos, G.R. No. 107328 (1994)].
offender, the offended party was not able to put
up any defense [People v. Tiozon, G.R. No. Continuous and Non-continuous
89823 (1991)]. Aggression
1. When aggression is continuous –
Appreciation of Treachery Does Not treachery must be present in the
Depend on the Results beginning of the assault. [U.S. v.
The treacherous character of the means Balagtas, G.R. No. 6432 (1911)]
employed in the aggression does not depend
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2. When aggression was not Treachery v. Evident Premeditation
continuous – in that there was an Treachery Evident
interruption, it is sufficient that Premeditation
treachery was present at the moment As to Swiftness and Cool thought
the fatal blow was given [U.S. v. essen- unexpectedness and reflection
Baluyot, G.R. No. 14476 (1919)]. ce of the attack
upon the
Degree of Proof unsuspecting
Treachery cannot be presumed. The and unarmed
suddenness of the attack does not, of itself, victim who does
suffice to support a finding of alevosia, so long not give the
as the decision was made all of a sudden and slightest
the victim’s helpless position was accidental provocation
[People v. Lubreo, G.R. No. 74146 (1991)]. [People v. Rebamontan, G.R. No. 125318
(1999)]
Conspiracy
When there is conspiracy in the commission of q. Ignominy
a crime, treachery can be appreciated against
all conspirators [People v. Ong, G.R. No. L- Kind: Specific Aggravating Circumstance;
34497 (1975)]. Specific to the following [C MaRia CLaRa]
1. Coercion (light or grave) [People v.
No Aggravating Circumstance: Cantong, C.A., 50 O.G. 5899]
1. When the offended party was able to 2. Murder [U.S. v. de Leon, G.R. No. 522
put up a defense [People v. Butler, (1902)]
G.R. No. L-50276 (1983)] 3. Wanton Robbery for personal gain
2. When victim’s helpless position was [People v. Racaza, supra]
accidental [People v. Cadag, G.R. No. 4. Crimes against Chastity
L-13830 (1961)] 5. Less serious physical injuries [Art. 265,
3. When there was no other witness to the RPC]
offense or when such witness could not 6. Rape
provide full details of the attack.
[People v. Tiozon, G.R. No. 89823 Ignominy
(1991)] It is a circumstance pertaining to the moral
4. Crimes where treachery is inherent: order, which adds disgrace to the material
a. Murder by poisoning [People v. injury caused by the crime [People v. Acaya,
Caliso, G.R. No. L-37271 G.R. No. L-72998 (1988)].
(1933)]
b. Treason [People v. Racaza, When Appreciated
supra] Ignominy is appreciated when the offense is
committed in a manner that tends to make its
Treachery Absorbs the Following effect more humiliating, adding to the victim’s
Aggravating Circumstances: [CANAMBES] moral suffering. Thus, where the victim was
1. Craft [People v. Malig, G.R. No. L-2083 already dead when his body or a part thereof
(1949)] was dismembered, ignominy cannot be taken
2. Abuse of superior strength [People v. against the accused [People v. Cachola, G.R.
Siaotong, G.R. No. L-9242 (1957)] No. 135047 (2004)].
3. Nighttime [People v. Corpuz &
Serquiña, G.R. No. L-12718 (1960)] Examples:
4. Aid of Armed men [People v. Siaotong, 1. Raping a woman from behind. It is
supra] something which offends the morals of
5. Band [People v. Ampo-an, G.R. No. the offended woman because this is
75366 (1990)] how animals do it [People v. Siao, G.R.
6. Employing means to weaken the No. 126021 (2000)].
defense [People v. Siaotong, supra] 2. Examining a woman’s genitals before
7. Disregard of Sex [People v. Clementer, raping her in the presence of her old
G.R. No. L-33490 (1974)] father were deliberately done to
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humiliate her, thereby aggravating and Entrance Yes No
compounding her moral sufferings Actually
[People v. Bumidang, G.R. No. 130630 Happened
(2000)]. Used as No Yes
Means of
r. Unlawful Entry Committing
the Crime
Kind: Generic Aggravating Circumstance
When Breaking of Door or Window is Lawful
Unlawful Entry When an officer, after giving notice of his
There is unlawful entry when an entrance is purpose and authority, is refused admittance:
effected by a way not intended for that purpose 1. To make an arrest in any building or
[Art. 14 (18), RPC]. enclosure where the person to be
arrested is or is reasonably believed to
Inherent in the Following Crimes: be [Rule 113, Sec. 11, Revised Rules
1. Trespass to dwelling under Art. 280 of Criminal Procedure];
[Reyes, Book 1] 2. To effect search in the place of directed
2. Robbery with force upon things under search [Rule 126, Sec. 7, Revised
Art. 299(a) and Art. 302 [Reyes, Book Rules of Criminal Procedure];
1] 3. To liberate himself or any person
lawfully aiding him when unlawfully
Effect if Dwelling and Unlawful Entry are detained in the place of directed search
Both Present [Rule 126, Sec. 7, Revised Rules of
Dwelling and unlawful entry are taken Criminal Procedure].
separately in murders committed in a dwelling
[People v. Barruga, G.R. No. 42744 (1935)]. For Entrance, Not Escape/Exit
This circumstance is aggravating only when
s. As a Means to the Commission of the the offender resorted to any means in order to
enter the place [Reyes, Book 1].
Crime, a Wall, Roof, Floor, Door, or
No Aggravating Circumstance:
Window Be Broken Inherent in Robbery with force upon things
under Art. 299 (a) and Art. 302.
Kind: Generic Aggravating Circumstance

Requisites: [WaRFDWiE] t. Crime was Committed (a) With the Aid

1. Any of the following be broken: of Persons Under Fifteen Years of Age
a. Wall or (b) By Means of Motor Vehicles,
b. Roof Motorized Watercraft, Airships, or Other
c. Floor Similar Means
d. Door
e. Window Kind: Generic Aggravating Circumstance
2. Breaking was used as a means to
effect Entrance and not merely for 1. With the Aid of Persons Under 15 Years
escape. Old
Unlawful Entry v. Breaking Rationale: To repress the frequent practice
Unlawful Breaking of resorted to by professional criminals of availing
Entry Wall, Roof, themselves of minors taking advantage of their
[Art. 14 etc. lack of criminal responsibility (since minors are
(18)] [Art. 14 given leniency when they commit a crime)
(19)] [Reyes, Book 1].
Actual No Yes
Breaking of 2. By Means of a Motor Vehicle
the
Entrance
Requisites: [MS-MC(GoCaF)]
1. That any of the following was used:
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a. Motorized vehicles; or, dead or
b. Other efficient means of alive.
transportation Similar to
automobile or airplane. v. Special Aggravating and Qualifying
2. That the same was used as Means of Circumstances
Committing the crime, such as by using
the same to: Other Special Aggravating and Qualifying
a. Go to the place of the crime
Circumstances [SELDA]
b. Carry away the effects thereof; 1. Organized or Syndicated crime group
and
2. Use of Explosives
c. Facilitate their escape [People
3. Use of Loose firearms
v. Espejo, G.R. No. L-27708 4. Use of Dangerous drugs
(1970)]
5. Arson under P.D. 1613

u. Cruelty 1. Organized or Syndicated Crime Group

Kind: Specific Aggravating Circumstance; Organized/syndicated crime group
Specific to crimes against persons A group of two or more persons collaborating,
confederating, or mutually helping one another
Requisites [DIUE]: for purposes of gain committing any crime [Art.
1. That the injury caused be Deliberately 62, RPC as amended by R.A. 7659].
Increased by causing the other wrong
2. The other wrong was Unnecessary for Effect
the Execution of the purpose of the When a crime is committed by an
offender organized/syndicated group, and the purpose
of such crime was to gain, the maximum
For cruelty to exist, there must be proof penalty shall be imposed [Art. 62, RPC as
showing that the accused delighted in making amended by R.A. 7659].
their victim suffer slowly and gradually, causing
him unnecessary physical and moral pain in Crimes where Purpose is to Gain: [TERI]
the consummation of the criminal act [People 1. Theft
v. Catian, G.R. No. 139693 (2002)]. 2. Estafa
3. Robbery
Outraging the Corpse 4. Illegal recruitment
If the victim was already dead when the acts of
mutilation were being performed, this would
also qualify the killing to murder due to 2. Use of Explosives
outraging of his corpse [Art. 248, par. 6, RPC].
The Decree Codifying the Laws on Illegal/
There must be proof that the wounds inflicted Unlawful Possession, Manufacture, Dealing in,
on the victim were done while he was still alive Acquisition or Disposition, of Firearms,
in order to be considered cruelty [People v. Ammunition or Explosives [P.D. 1866, as
Pacris, G.R. No. 69986 (1991)]. amended by R.A. 8294] provides that the use
of explosives or incendiary devices in the
Ignominy v. Cruelty commission of a crime, resulting to death of a
person, shall be considered an aggravating
Ignominy Cruelty
circumstance.
As to Type Shocks the Physical
of Suffering moral
Requisites [RS-HaREID]
conscience
1. Offender commits a crime in the RPC
of man
or in a Special law;
As to It pertains to Refers to the
2. In its commission, the offender uses
Whether the the moral physical
any of the following:
Vicim has order, suffering of
a. Hand grenade/s
to be Alive whether or the victim so
b. Rifle grenade/s
not the victim has to
victim is be alive.
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c. Other Explosives such as the crime of rebellion, insurrection, or
pillbox, Molotov cocktail attempted coup d’ etat, such violation
bombs, and fire bombs shall be absorbed as an element of the
d. Other Incendiary devices said crimes [Sec. 29 (2), R.A. 10591].
capable of producing
destructive effect on • To be considered as a separate and
contiguous objects or causing distinct offense - If the crime is
injury or death to any person; committed by the person without using
and the loose firearm, the violation of this
3. Results in the Death of a person [Sec. Act shall be considered as a distinct
3, P.D. 1866, as amended by R.A. and separate offense. [Sec. 29 (3),
8294]. R.A. 10591]

3. Use of “Loose Firearms” Special Aggravating Circumstance

RA 8294 does not specify whether or not the
Special Aggravating Circumstance use of an unlicensed firearm in murder or
RA 10591 or the Comprehensive Firearms and homicide is generic or special aggravating. It
Ammunition Regulation Act (2013) expressly merely states that the use of the unlicensed
repealed Sec. 1 of P.D. 1866 as amended: firearm is appreciated as “aggravating.”

Loose firearms: [UPI SOLAR] In Palaganas v. People [G.R. No. 165483

Pertains to firearms that are (2006)], the Court interpreted this as making
1. Unregistered; the use of unlicensed firearm in murder or
2. Possessed by non-licensee; homicide as special aggravating. Applying the
3. Illegally manufactured logic of Palaganas by analogy, Section 29 in
4. Stolen; RA 10591 should be interpreted as assigning
5. Obliterated; the use of loose firearms as special
6. Lost; aggravating as well.
7. Altered; or
8. With Revoked license [Sec. 3(v), 4. Use of Dangerous Drugs
R.A. 10591]
Rules: Qualifying Aggravating Circumstance
• To be considered as an aggravating A positive finding for the use of dangerous
circumstance – if the use of a loose drugs is a qualifying aggravating circumstance
firearm is inherent in the commission of and the application of the penalty provided for
a crime punishable under the RPC or in the RPC shall be applicable [Sec. 25, R.A.
other special laws [Sec. 29, R.A. 9165].
10883]
5. Arson under P.D. 1613
If the crime committed is penalized with
a maximum penalty lower than that Special Aggravating Circumstance
prescribed for illegal possession of The following are considered special
firearm – penalty for illegal possession aggravating circumstances when the crime of
of firearm shall instead be imposed. Arson is committed; that the crime was
committed: [BaHaGS]
If the crime committed is penalized by 1. For the Benefit of another
the law with a maximum penalty 2. Because of Hatred towards
equal to that imposed for illegal owner/occupant
possession of firearms – penalty of 3. With Intent to Gain
prision mayor in its minimum period 4. By a Syndicate
shall be imposed in addition to the
penalty for the crime committed. Syndicate
Offense is committed by a syndicate if it is
• To be absorbed as an element of the planned or carried out by a group of three (3)
crime – if the violation is in furtherance or more persons [Sec. 4, P.D. 1613].
of, or incident to, or in connection with
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Under Art. 62 of RPC, a syndicate needs at exception of accessories falling within
least TWO persons. Under P.D. 1613, a the provisions of paragraph 1 of the
syndicate needs at least THREE persons. next preceding article [Art. 20, RPC].

5. Alternative Circumstances [Art. 15] Exception: When said relatives

profited themselves or assisted the
Alternative Circumstances offender to profit by the effects of the
Those which must be taken into consideration crime [Art. 19 (1), RPC].
as aggravating or mitigating according to the
nature and effects of the crime and the other 2. Death under exceptional
conditions attending its commission [Art. 15]. circumstances. A legally married
person who having surprised his
TYPES UNDER ART. 15. [RIE] spouse in the act of committing sexual
1. Relationship intercourse with another person who
2. Intoxication shall inflict upon them physical injuries
3. Degree of Education/instruction of any other kind (i.e. less serious and
slight physical injuries) [Art. 247, RPC].
a. Relationship 3. Select Crimes Against Property. For
crimes of theft, swindling (estafa), and
The alternative circumstance of relationship malicious mischief there is no criminal
shall be taken into consideration when the liability if they be caused by the
offended party is the: [SAD SiRA] following persons [SADRAS-WiS-BS]:
1. Spouse a. Spouses, Ascendants and
2. Ascendant Descendants, or Relatives by
3. Descendant Affinity in the Same line.
4. Legitimate, natural, or adopted brother b. The Widowed Spouse with
or sister (Siblings) respect to the property which
5. Relative by Affinity in the same degree belonged to the deceased
of the offender [People v. Marco, G.R. spouse before the same shall
No. 132392 (2001)] have passed into the
possession of another; and
Relatives by Affinity c. Brothers and Sisters and
Includes in-laws, stepfather, or stepmother, brothers-in-law and sisters-in-
stepchild and the like. It is the duty of the law, if living together [Art. 322,
stepparents to bestow upon their stepchildren RPC].
a mother’s or father’s affection, care and
protection [People v. Bersabal, G.R. No. 24532 Relationship as Mitigating Circumstance:
(1925)]. 1. In crimes against property [RUFA]
a. Robbery [Arts. 294-302, RPC]
Other relatives included b. Usurpation [Art. 312, RPC]
The relationship of stepfather or stepmother c. Fraudulent insolvency [Art.
and stepson or stepdaughter is included by 314, RPC]
analogy as similar to that of ascendant and d. Arson [Arts. 321-322, 325-326,
descendant [People v. Bersabal, G.R. No. RPC]
24532 (1925); People v. Portento, C.A., 38
O.G. 46]. 2. When the crime is less serious or
slight physical injuries – if the
Relationship as Exempting Circumstance: offended party is a relative of a lower
1. When the accessory is related to the degree than the offender [Art. 263,
principal. RPC].
General Rule: This includes spouses, 3. In trespass to dwelling - Where a
ascendants, descendants, legitimate, son-in-law, believing his wife to be in
natural, and adopted brothers and her father's house, attempted to force
sisters, or relatives by affinity within the an entry therein, the relationship is to
same degrees, with the single
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be considered in mitigation [U.S. v. b. Intoxication
Ostrea, 2 Phil. 93, 95 (1903)].
Requisites to be Considered as Mitigating
Relationship as Aggravating Circumstance: Circumstance: [DSC-NHD-NWIR]
Crimes Against Crimes Against 1. Act was done due to alcoholic intake of
Person Chastity the offender, he suffers from
Diminished Self-Control.
General Rule: Relationship is 2. Offender is Not a Habitual Drinker.
Higher degree; or always aggravating 3. Offender did Not take the alcoholic
Relatives of the same [People v. Orilla, drink With the Intention to Reinforce his
level [People v. G.R. Nos. 148949- resolve to commit crime [Reyes, Book
Alisub, 69 Phil. 362 40 (2004)]. 1]
(1969)].
When Aggravating Circumstance
Exception: 1. If intoxication is habitual; or
Always aggravating 2. If it is intentional to embolden offender
in the following: to commit crime [Reyes, Book 1].
1. Serious Physical
Injuries [Reyes, Book Meaning of Habitual Drunkard
1] A habitual drunkard is one given to intoxication
2. Homicide or by excessive use of intoxicating drinks. The
Murder [Reyes, Book habit should be actual and confirmed. It is
1] unnecessary that it be a matter of daily
3. Rape [People v. occurrence [People v. Camano, G.R. Nos. L-
Delen, G.R. No. 36662-6 (1982)].
194446 (2014)]
Accused’s State of Intoxication Must be
Proved
Relationship Not Appreciated: The defendant testified that before the murder,
1. When relationship is an element of he took a bottle of wine and drank little by little
the offense: [PAC] until he got drunk. The policeman who arrested
a. Parricide the accused testified that the latter smelled of
b. Adultery wine and vomited. The Court held that the
c. Concubinage [Reyes, Book 1] evidence presented was not satisfactory to
warrant a mitigation of the penalty. [People v.
2. For Persons Attached by Common- Noble, supra]
Law Relations. The law cannot be
stretched to include such relations The person pleading intoxication must prove
because there is no blood relationship that he took such quantity of alcoholic
or legal bond that links the parties beverage, prior to the commission of the crime,
[People v. Atop, G.R. Nos. 124303-05 as would blur his reason [People v. Bernal,
(1998)]. G.R. No. 132791 (2002)].
3. For Relationships by Affinity.
c. Degree of Education or Instruction
Relationships by affinity should not be
deemed to aggravate the crime in the
Low Degree of Education or Instruction
absence of evidence to show that the
The court may exercise its sound discretion to
offended party is of a higher degree in
justify a more lenient treatment of an “ignorant
the relationship than that of the
and semicivilized offender” [U.S. v. Marqui,
offender [People v. Canitan, G.R. No.
G.R. No. 8931 (1914)].
L-16498 (1963)].
General Rule:
Low degree of education is a mitigating
circumstance [U.S. v. Reguera, G.R. No. L-
16639 (1921)].

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Lack of instruction is generally mitigating, opportunities, may yet be highly or
except in crimes against property and chastity exceptionally intelligent and mentally alert that
[People v. Baltazar, G.R. No. L-30557 (1980)]. he easily and ever realizes the full significance
of his acts, in which case he may not invoke
Exceptions [ProChaTRaM]: this mitigating circumstance in his favor
1. Crimes against Property [U.S. v. [People v. Ripas, supra].
Pascual, G.R. No. L-3777 (1908)], theft
and robbery [U.S. v. Marqui, G.R. No. High degree of education or Instruction
8931 (1914)] The alternative circumstance of instruction may
2. Crimes against Chastity [People v. be considered as aggravating circumstance
Baltazar, supra] when the accused took advantage of his
3. Treason [People v. Lansanas, G.R. No. education or instruction in committing the
L-1622 (1948)] crime.
4. Rape; No one is so ignorant as not to
know that the crime of rape is wrong 6. Absolutory Causes
and in violation of the law [U.S. v.
GamillaI, G.R. No. 13981 (1918)] Absolutory Causes
5. Murder or homicide; to kill is forbidden Those where the act committed is a crime but
by natural law which every rational for reasons of public policy and sentiment there
being is endowed to know and feel is no penalty imposed [People v. Talisic, G.R.
[People v. Laspardas, G.R. No. L- No. 97961 (1997)].
46146 (1979)]. One does not have to
be educated or intelligent to be able to Types of Absolutory Causes [IPON]:
know that it is unlawful to take the life 1. Instigation
of another person even if it is to redress 2. Pardon by the offended party
a wrong committed against him 3. Other absolutory causes
(People v. Lapaz, G.R. No. 68898 4. Acts Not covered by law and in case of
(1989)]. excessive punishment [Art. 5, RPC].
If the accused studied up to sixth grade, the
Court said that “that is more than sufficient
a. Instigation
schooling to give him a degree of instruction as
to properly apprise him of what is right and Instigation
wrong” [People v. Pujinio, G.R. No. L-21690 It is the means by which the accused is lured
(1969)]. into the commission of the offense charged in
order to prosecute him [People v. Bartolome,
Illiteracy (not able to read and write) alone G.R. No 191726 (2013)].
is insufficient
The fact that [the accused] thumbmarked the The law officers conceive the commission of
document attesting of the promulgation of the the crime and suggest it to the accused, who
decision, a sign that he did not know how to adopts the idea and carries it into execution
write, is not sufficient to prove the existence of (People v. De la Peña, G.R. No. 92534 (1991)].
this alternative circumstance [People v. Ripas,
G.R. No. L-6246 (1954)]. The involvement of a law officer in the crime
itself in the following manner:
Not illiteracy alone but also lack of sufficient 1. He induces a person to commit a crime
intelligence are necessary to invoke the benefit for personal gain.
of this circumstance. A person able to sign his 2. He doesn’t take the necessary steps to
name but otherwise so densely ignorant and of seize the instrument of the crime & to
such low intelligence that he does not realize arrest the offenders before he obtained
the full consequences of a criminal act, may still the profits in mind.
be entitled to this mitigating 3. He obtained the profits in mind, even
circumstance [People v. Ripas, supra]. though afterwards does take the
necessary steps to seize the
On the other hand, another unable to write instrument of the crime and to arrest
because of lack of educational facilities or the offenders.

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Instigation as defense against government becomes a
Instigation is recognized as a valid defense that co-principal.
can be raised by an accused. To use this as a As to Origin The means The law
defense, however, the accused must prove of the originate enforcer
with sufficient evidence that the government Crime from the conceives
induced him to commit the offense (People v. mind of the the
Legaspi y Lucas, G.R. No. 173485 (2011)]. criminal. commission
of the crime
Entrapment is Different from Instigation and
There is entrapment when law officers employ suggests to
ruses and schemes to ensure the the accused
apprehension of the criminal while in the actual who carries
commission of the crime. There is instigation it into
when the accused was induced to commit the execution.
crime [People v. Periodica, Jr., G.R. No. 73006 As to A person A public
(1989)]. Means has planned officer or a
or is about to private
The difference in the nature of the two lies in commit a detective
the origin of the criminal intent. In entrapment, crime and induces an
the mens rea originates from the mind of the ways and innocent
criminal. The idea and the resolve to commit means are person to
the crime comes from him. In instigation, the resorted to commit a
law officer conceives the commission of the by a public crime and
crime and suggests to the accused who adopts officer to would arrest
the idea and carries it into execution [People v. trap and him upon or
Periodica, Jr., supra]. catch the after the
criminal. commission
The legal effect of entrapment and instigation of the crime
are also different. Xxx Entrapment does not by the latter.
exempt the criminal from liability. Instigation As to Not a bar to The accused
does [People v. Periodica, Jr., supra]. Conviction the must be
or Acquittal prosecution acquitted
The law officers shall not be guilty to the crime and because the
if they have done the following: conviction of offender
1. He does not induce a person to commit the simply acts
a crime for personal gain or is not lawbreaker. as a tool of
involved in the planning of the crime. the law
2. Does take the necessary steps to seize enforcers.
the instrument of the crime and to
arrest the offenders before he obtained
b. Pardon by Offended Party
the profits in mind.
Crimes of adultery and concubinage shall not
Entrapment v. Instigation
be prosecuted except upon a complaint filed by
Entrapment Instigation the offended spouse. The offended party
As to Ways and The cannot institute criminal prosecution without
Nature means are instigator including both the guilty parties, if they are both
resorted to practically alive, nor, in any case, if he shall have
for the induces the consented or pardoned the offenders [Art. 344,
purpose of would-be RPC].
trapping and accused into
capturing the the See: Art. 344 for detailed discussion.
lawbreaker commission
in the of the
execution of offense and
his criminal himself
plan.
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c. Other Absolutory Causes Parties to a Crime
1. Active Subject – the offender (e.g.,
[DALS-PARTS] principal, accomplice, accessory).
1. Death under exceptional
circumstances [Art. 247, RPC] General Rule: Only natural persons
2. Accessories in light felonies [Art. 16, can be the active subjects of a crime
RPC] due to the highly personal nature of
3. Light felonies not consummated [Art. criminal responsibility. Juridical
16, RPC] persons cannot be active subjects.
4. Spontaneous desistance [Art. 6, RPC]
5. Prescription of crimes [Art. 89, RPC] Rationale: Only natural persons can
6. Accessories exempt under Art. 20 [Art. act with personal malice or negligence.
20, RPC] Moreover, penalties such as
7. Exemptions from criminal liability for substitution of deprivation of liberty
cases of theft, swindling and malicious (subsidiary imprisonment) for
mischief, by virtue of his Relationship pecuniary penalties in case of
to the offended party. [Art. 332, RPC] insolvency, or destierro can only be
8. Trespass to dwelling to prevent serious executed against individuals.
harm to self [Art. 280, RPC]
9. Discovering secrets through Seizure of Exception: Special laws where
correspondence of the ward by their corporations are expressly penalized
guardian [Art. 219, RPC] for their violations (e.g. Corporation
Law, Public Service Law, Securities
Law, Election Code, etc.).
C. Persons Liable and Degree of
Participation Officers of Corporation are Liable
General Rule: If the offender is a
1. Principals, Accomplices, and corporation, the directors, trustees,
Accessories stockholders, members, officers, or
employees may be held liable if they
Persons Criminally Liable [Art. 16, RPC] are responsible for the violation or
When more than one person participated in the indispensable to the commission of the
commission of the felony, the law looks into offense [Sec. 171, Revised
their participation. The RPC classifies them as: Corporation Code].
1. Principal
2. Accomplice 2. Passive Subject – the injured party.
3. Accessory
a. Principals [Art. 17]
This classification is true only under the RPC
and not under special laws, because the Requisites to be Considered as Principal
penalties under the latter are never graduated. Principal by Principal Principal by
If the crime is punishable under special laws, Direct by Indispensa-
the more appropriate term would be Participa- Induce- ble
“offender/s, culprit/s, accused”. tion [PCP] ment Cooperation
[IDC] [PAC-CI]
Grave and Less Grave Felonies v. Light 1. Offender 1.Indu- 1. Offender
Felonies [Art. 16, RPC] Participated cement Participated in
Grave and Less Grave Light Felonies in the was made the criminal
Felonies criminal with the resolution such
resolution; Intention that there is
All participants Only principal and of Anterior
(principal, and accomplice procuring Conspiracy or
accomplice, are liable. the unity of
accessory) are commis- criminal
criminally liable. sion of purpose and
intention
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the crime; before the conjectures. Proof beyond reasonable doubt is
and commission of required to establish the presence of criminal
the crime. conspiracy [People v. Jorge, G.R. No. 99379
(1994)].

2. Offen-der 2. Said 2. Cooperation 2. Principal by Inducement [RPC, Art. 17

Carried out induce- in the (2)]
their plan ment is commission of
and the the offense by Those who directly forces or induces others to
Personally Determi- performing commit a criminal act.
took part in ning another act
its execution Cause of which is Requisites [IDC]:
by acts the Indispensable, 1. Inducement be made with the Intention
which commis- and without of procuring the commission of the
directly sion of which it would crime
tended to the crime not have been 2. Said inducement is the Determining
the same by the accomplished Cause of the commission of the crime
end [People material [REYES, Book by the material executor [US v.
v. Ong Chiat executor 1]. Indanan, G.R. No. L-8187 (1913)].
Lay, G.R. [US v.
No. L-39086 Indanan, TWO (2) WAYS OF INDUCEMENT
(1934)]. G.R. No. 1. By using irresistible force or
L-8187 causing uncontrollable fear
(1913)]. a. Irresistible Force - Such
physical force as would
produce an effect upon the
1. Principal by Direct Participation [RPC, individual that despite all his
Art. 17 (1)] resistance, it reduces him to a
mere instrument.
An active participant in the commission of the
offense. One who participated in the criminal Force, fear, duress, or
resolution to commit the offense [People v. intimidation must be present,
Solomon, G.R. No. 77206 (1988)]. imminent, impending; and of
such nature as to induce a well-
Those who cooperate in the commission of the grounded apprehension of
crime by performing overt acts which by death or serious bodily harm if
themselves are acts of execution [People v. the act be done [People v.
Pilola, G.R. No. 121828 (2003)]. Anod, G.R. No. 186420 (2009].

Requisites: [PCP] b. Uncontrollable Fear – Such

1. Offender Participated in the criminal fear that must be grave, actual,
resolution; and serious and of such kind that
2. Offender Carried out their plan and majority of men would
Personally took part in its execution by acts succumb to such moral
which directly tended to the same end compulsion.
[People v. Ong Chiat Lay, supra]
Mere threat of future injury is
Principal by Direct Participation in a not sufficient. Compulsion must
Conspiracy be such that it reduced the
In order to convict [the accused conspirator] as offender to a mere instrument
a principal by direct participation, it is acting not only without will but
necessary that conspiracy among him and his against his will as well. It must
co-accused be proved. Conspiracy; like any be of such character to leave
other ingredient of the offense, must be proved the accused no opportunity for
as sufficient as the crime itself through clear escape [Ty v. People, G.R. No.
and convincing evidence, not only by mere 149275 (2004)].
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2. By giving of price or offering of by direct not commit
reward or promise or using words of participation the crime
command As to Involves any Proposal to
a. By giving of price or offering Crimes crime be
of reward or promise – The Included punishable
one giving the price or offering must involve
the reward or promise is a only treason/
principal by inducement while rebellion
the one committing the crime in
consideration thereof is a Effect of Acquittal of Principal by Direct
principal by direct participation. Participation
There is collective criminal General Rule: Conspiracy is negated by
responsibility. acquittal of co-defendant. One cannot be held
b. By using words of command guilty of having instigated the commission of a
– person who used the words crime without first being shown that the crime
of command is a principal by has been actually committed by another
inducement while the person [People v. Ong Chiat Lay, supra].
who committed the crime
because of the words Exception: When principal actor is acquitted
command is a principal by because he acted without malice or criminal
direct participation. intent. [People v. Po Giok To, G.R. No. L-7236
(1955)].
Requisites of Using Words of
Command: [II-DPM] 3. Principal by Indisipensable
a. The one who made the Cooperation [RPC, Art. 17 (3)]
command must have:
i. Intention of procuring Those who cooperate in the commission of the
the commission of the offense by another, without which it would not
crime have been accomplished.
ii. Ascendancy/Influence
over the person who Requisites [PAC-CI]:
acted 1. Participation in criminal resolution such
iii. Words used must be: that there is Anterior Conspiracy or unity of
iv. So Direct, efficacious, criminal purpose and intention before the
and powerful to amount commission of the crime.
to physical/moral 2. Cooperation in the commission of the
coercion offense by performing another act which is
v. Uttered Prior to the Indispensable and without which it would
commission of the not have been accomplished [Reyes,
crime Book 1].
vi. Material executor has
no personal reason to Cooperation
commit the crime To cooperate is to help, to aid, and
[Reyes, Book 1]. presupposes knowledge of the ultimate
purpose in view [Samson v. CA, G.R. Nos. L-
Principal by Inducement v. Proposal to 10364 & L-10376 (1958)].
Commit a Felony [Reyes, Book 1]
Principal by Proposal to
Inducement Commit a b. Accomplices [Art. 18]
Felony
As to Inducement to commit a An accomplice cooperates in the execution of
the offense by previous or simultaneous acts,
Purpose crime
provided he has no direct participation in its
As to Liable only Person to
execution or does not force or induce others to
Liability when crime whom
commit it, or his cooperation is not
is committed proposal is
indispensable to its accomplishment [People v.
by principal made should
Mandolado, supra].
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Requisites: [CD-CR] As to From its Only after the
a. Community of Design: Knowing and When inception, principals
concurring with the criminal design of Criminal because have reached
the principal by direct participation Intention is they the decision
b. Cooperation in the execution of the Known themselves to commit it.
offense by previous/simultaneous acts have
with the intent of supplying decided
material/moral aid; and upon such
c. Relationship between acts of the course of
principal and those attributed to the action.
accomplice [Reyes, Book 1] As to Who Conspirators Accomplices
Decides to decide that merely assent
Knowledge of Actual Crime Not Required Commit a crime to the plan
One can be an accomplice even if he did not the Crime should be and
know of the actual crime intended by the committed. cooperate in
principal, provided he was aware that it was an its
illicit act [People v. Doctolero, G.R. No. 34386 accomplish-
(1991) ]. ment.
As to Conspirators Accomplices
Accomplice does Not Decide the Crime Authorship are the are merely
Accomplices do not decide whether the crime of the authors of a instruments
should be committed; they merely assent to the Crime crime. who perform
plan of the principal by direct participation and acts that are
cooperate in its accomplishment [People v. useful for, but
Pilola, G.R. No. 121828 (2003)]. not essential
to, the
Accomplice in Bigamy perpetration
A person, whether man or woman, who of the offense,
knowingly consents or agrees to be married to giving
another already bound in lawful wedlock is material/moral
guilty as an accomplice in the crime of bigamy. aid without
[Santiago v. People, G.R. No. 200233 (2015)] conspiracy.

Liability of Accomplice c. Accessories [Art. 19]

The liability of accomplices is less than
principals and they shall be meted with the PUNISHABLE ACTS OF ACCESSORIES
penalty next lower in degree (1 degree) than [PACE]:
that prescribed by law [Arts. 52, 54, & 56, 1. Profiting themselves or Assisting the
RPC]. offender to profit by the effects of the
crime
It is also possible for an accomplice to be liable Examples:
as such for a different crime than what the a. Profiting Themselves –
principal committed, such as when he/she Receiving stolen property
provides transport for someone committing knowing that it had been stolen
robbery but does not participate in the killing [People v. Tanchoco, G.R. No.
committed by the latter [People v. Doble, G.R. L-38 (1946)].
No. L-30028 (1982)]. Note: This must be with the
consent of the principal,
Conspirator v. Accomplice otherwise he is a principal of
Conspirator Accomplice theft [Reyes, Book 1]
As to They know They know
Criminal of and join in and agree b. Assisting the Offender to
Design the criminal with the Profit by the Effects of the
design. criminal Crime - Knowingly receiving
design. stolen property and selling it for
the thief’s profit [US v.
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Galanco, G.R. No. 4440 Liability of Accessories
(1908)] Liability is subordinate to the principal because
An accessory should not be in their participation is subsequent to the
conspiracy with the principal commission of the crime [US v. Mendoza, G.R.
[US v. Tan Tiap Co, G.R. No. No. 7540 (1912)]. The penalty to be imposed
11643 (1916)] for accessories is two (2) degrees lower than
that prescribed for the felony [Art. 53, 55, & 57
2. Concealing/destroying the body of the RPC].
crime to prevent its discovery
Effect of Acquittal of Principal
Body of the Crime (“corpus delicti”) General Rule: If the facts alleged are not
Fact of the commission of the crime, proven or do not constitute a crime, the legal
not the physical body of the deceased grounds for convicting the accessory do not
[Rimorin v. People, G.R. No. 146481 exist [US v. Mendoza, G.R. No. 7540 (1912)].
(2003)].
Examples: Exemption: If the principal was convicted but
a. Assisting in the burial of a not held criminally liable for an exempting
homicide victim to prevent the circumstance (i.e. insanity, minority, etc.) [Art.
discovery of the crime [US v. 12, RPC], the accessory may still be held
Leal, G.R. No. 432 (1902)] criminally liable since the crime was still
b. Making the victim appear committed [US v. Villaluz, G.R. No. 10726
armed to show the necessity of (1915)]. Determination of the liability of the
killing him [US v. Cuison, G.R. accessory can proceed independently of that of
No. L-6840 (1911)] the principal [Vino v. People, G.R. No. 84163
c. Concealing the (1989)].
effects/instruments of the
crime, such as concealing a Exemptions from Criminal Liability
gun [Reyes, Book 1] An accomplice is exempted from criminal
liability when:
3. Harboring/concealing/assisting in the 1. Crime is a light felony [Art. 19 (c),
Escape of the principal of the crime RPC]; or
committed by either a public officer or 2. Principal is a relative under the
a private person exemptions in RPC Art. 20, except if
said accessory has profited or assisted
Elements under the Two (2) Classes of the principal in profiting from the crime
Accessories
Relatives Included Under Art. 20 [SAD-
Public Officer Private Person
BSR]
[PAHAL] [PH-TPaMAPH]
a. Spouse
Offender is a Offender is a Private b. Ascendant
Public officer person c. Descendant
who acts with d. Legitimate/natural/adopted Brother
Abuse of his or Sister
public functions e. Relative by affinity within the same
degree
Offender Harbors/conceals/assists in the
escape of the principal Rationale: The ties of blood and the
preservation of the cleanliness of one’s name,
Principal Crime is either Treason, which compels one to conceal crimes
commits Any Parricide, Murder, committed by relatives so near as those
crime except Attempt against the life of mentioned in this article [People v. Mariano,
Light felonies the President, or principal G.R. No. 134847 (2000)].
is known to be Habitually
guilty of another crime

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Principal v. Accomplice v. Accessory As to Necessity of Cooperation
Principal Accom-plice Accessory Indispensa- Not Not
[Art. 17] [Art. 18] [Art. 19] ble to the indispensa- indispensa-
As to Acts Committed commission ble ble
One who: One who One who: of the crime
1. Directly cooperated in 1. Made a
participated the profit from d. Special Laws
in the commission or assisted
offense; or of the offense the Anti-Fencing Law v. Anti-Piracy and
2. Induced without being offender in Highway Robbery Law of 1974
or forced covered by profiting v. Accomplice
others to Art. 17. from effects Anti-Piracy
commit the of the Anti- and
crime; or crime; or Fencing Highway Accessory
3. 2. Concea- Law Robbery [Art. 19 (1)]
Committed led or [P.D. 1612] Law [P.D.
acts which destroyed 532]
are the body of As to Punishable Act
indispen- the crime; Knowingly Knowingly Profiting
sable to the or profiting or acquiring or themselves
commission 3. assisting the receiving or assisting
of the crime. Harbored, principal to property the offender
concealed profit by the taken by to profit by
or assisted effects of a pirates or the effects of
in the robbery or brigands or the crime
escape of theft in any
the manner
principal. benefiting
As to Imposable Penalty therefrom
Penalty 1 degree 2 degrees As to Crimes Applicable
prescribed lower [Arts. lower [Arts. Robbery Robbery of
by law 52, 54, & 56, 53, 55, & Any Crime
or Theft Theft
RPC] 57, RPC] Whether Possession Beings About
As to When Acts Were Committed Presumption of Committing the Crime
During the Before or After the Mere No such No such
commission after the commission possession presumption. presumption.
of the commission of the brings about
offense of the offense offense the
presumption
Except: of fencing.
When there As to Imposable Penalty
is a
Higher than Penalty 2 degrees
conspiracy
mere imposed for lower than
and the
accessory to the that of the
principal has
robbery/theft accomplice principal
already
[Sec. 3, P.D. [Sec. 4, P.D. [Art. 53 to
performed
1612] 532] 55, RPC]
his part prior
to its
Decree Penalizing Obstruction of
commission.
Apprehension and Prosecution of Criminal
[People v.
Offenders [P.D. 1829]
Santos,
Any person who knowingly or willfully
G.R. No.
obstructs, impedes, frustrates or delays the
117873
apprehension of suspects and the investigation
(1997)]
and prosecution of criminal cases, shall be
punished:
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1. Prision correccional in its maximum another
period, or crime)
2. Fine ranging from PhP 1,000 – 6,000,
or If
3. Both committed
by public
Accessory v. Principal in Obstruction of officer
Justice – applies to
Accessory Laws any crime,
[Art. 19 (3)] Penalizing except light
“Obstruction felonies
of Justice”
[P.D. 1829] e. Conspiracy and Proposal [Art. 8]
As to Acts Harboring, Knowingly or
Punished concealing, willfully Rule on When Conspiracy and Proposal
or assisting obstructing, Constitutes a Crime
in the impeding, Conspiracy and proposal to commit felony are
escape of frustrating, or punishable only in the cases in which the law
the principal delaying the specially provides a penalty therefor [Art. 8,
of the crime apprehension RPC].
of suspects
and the
1. Conspiracy as a Felony
investigation
and
Exists when two or more persons come to an
prosecution
agreement concerning the commission of a
of criminal
felony and decide to commit it [Art. 8, RPC].
cases
Agreement may be oral or written, express or
As to Offender is Offender is implied.
Liability of merely an liable as the
the accessory to principal of Requisites of Conspiracy [ACE]:
Offender the crime P.D. 1829. 1. Two or more persons come to an
charged and Agreement.
another 2. Agreement pertains to a Commission
person is
of a felony; and
charged as 3. Execution of the felony was decided
the upon.
principal.
As to If Applies to Note: Mere knowledge, acquiescence to or
Crimes committed any crime agreement to cooperate, is not enough to
Applicable by private constitute one as party to conspiracy, absent
person any active participation in the commission of
– only the crime. Conspiracy transcends
applies to companionship [People v. Patano, G.R. No.
the specified 129306 (2003)].
crimes (e.g.,
treason, Examples of Felonious Conspiracy
parricide, [METRICS DATA]:
murder, 1. Monopolies and combinations in
attempt restraint of trade [Art. 186, RPC]
against the 2. Espionage [Sec. 3, C.A. 616]
life of the 3. Treason [Art. 115, RPC]
President, 4. Rebellion [Art. 136, RPC]
or principal 5. Insurrection [Art. 136, RPC]
is habitually 6. Coup d’état [Art. 136, RPC]
guilty of 7. Sedition [Art. 141, RPC]

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8. Selected acts under the Dangerous or proposal,
Drugs Act [Sec. 26, R.A. 9165] there is no
9. Arson [Sec. 7, P.D. 1613] crime to be
10. Terrorism [Sec. 4, R.A. 9372] punished.
11. Access device fraud [Sec. 11, R.A. As to Conspiracy Conspiracy
8484] Quantum of as a crime must be
Proof must be established
Conspiracy as a Felony v. Conspiracy as a established by positive
Manner of Incurring Criminal Liability beyond and
Conspiracy as a felony refers to the mere reasonable conclusive
agreement to commit the said acts and NOT doubt. evidence
the actual execution thereof [People v. Fabro, [People v.
G.R. No. 114261 (2000)]. Laurio, G.R.
No. 181539
Conspiracy Conspiracy (1991)].
as a Felony as Basis for As to Only applies Any crime
Incurring Crimes conspiracy
Criminal Applicable to commit
Liability treason,
As to Stage Preparatory Executory coup d’etat,
acts acts rebellion,
How Mere Commission insurrection,
Incurred agreement of overt acts and
As to Legal RPC must Participants sedition.
Requiremen specifically acted in
ts punish the concert or 2. Conspiracy as a Manner of Incurring
act of simultaneou Criminal Liability
conspiring sly or in any
(and way which is Liability When Conspiracy is Established
proposing). indicative of General Rule: The act of one becomes the act
a meeting of of all. All who participated therein, irrespective
The acts the minds of the quantity or quality of his participation is
must be towards a liable equally, whether conspiracy is pre-
accomplishe common planned or instantaneous [Reyes, Book 1].
d, else the criminal goal
conspiracy or criminal Exception – Unless one or some of the
is absorbed objective. conspirators committed some other crime
and the act which is not part of the intended crime.
itself is The act of
punished. meeting Exception to the Exception – When the act
together is constitutes a “single indivisible offense.”
not
necessary Collective Criminal Responsibility v.
as long as a Individual Criminal Responsibility
common Collective Individual
objective can Criminal Criminal
be discerned Responsibili- Responsibili-
from the ty ty
overt acts. As to When When each of
Definition offenders are the
The act must criminally participants in
be liable in the an offense is
accomplishe same manner responsible
d, if there is and to the only for the
only same extent consequences
conspiracy of his own
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acts in the 2. Presumption of Conspiracy (Band)
absence of Conspiracy need not be proved if the
previous existence of the band is clearly
conspiracy, established (e.g, crime of robbery with
unity of a band). The law presumes the
criminal attendance of conspiracy so much so
purpose and that "any member of a band who is
intention, or present at the commission of a robbery
community of by the band, shall be punished as
criminal principal of any of the assaults
design [U.S. committed by the band, unless it be
v. Magcomot, shown that he attempted to prevent the
G.R. No. 4329 same" [People v. Peralta, supra].
(1909)]
As to Once Each of the Note: Spontaneity does not preclude
Liability conspiracy is participants is conspiracy, which after all, can be
proven, the responsible consummated in a moment’s notice — through
act of one is only for his a single word of assent to a proposal or an
the act of all own acts unambiguous handshake. Yet it is more difficult
[People v. [Araneta, Jr. to presume conspiracy in extemporaneous
Zafra, G.R. v. Court of outbursts of violence; hence, the demand that
No. 225784 Appeals, G.R. it be established by positive evidence [Li v.
(2019)] and No. 43527 People, G.R. No. 127962 (2004)].
they all share (1990)].
the same Doctrine of Implied Conspiracy
liability as co- Conspiracy may be inferred from the conduct
principals of the parties, their joint purpose, community of
[People v. interest and in the mode and manner of
Aliben, G.R. commission of the offense [People v.
No. 140404 Pangilinan, G.R. Nos. 134823-25 (2003)].
(2003)].
Existence of Implied Conspiracy must be
Degree of Proof based on:
General Rule: Conspiracy must be 1. Overt acts done before, during, or after
established by positive and conclusive the commission of the crime; or
evidence, not by conjectures or speculations. 2. Words, remarks or language used
[People v. Laurio, G.R. No. 181539 (1991)] before, during or after the commission
of the crime [People v. Sandiganbayan,
Exceptions: G.R. No. 158754 (2007)].
1. Circumstantial Evidence may be
Used The above must show that they acted in unison
Conspiracy may be established with each other, evincing a common purpose
through the collective acts of the or design. It must be shown that they
accused before, during and after the cooperated in the commission of the offense,
commission of a felony that all the either morally, through advice, encouragement
accused aimed at the same object, one or agreement or materially through external
performing one part and the other acts indicating a manifest intent of supplying
performing another for the attainment aid in the perpetration of the crime in an
of the same objective; and that their efficacious way [People v. Ramos, G.R. No.
acts, though apparently independent, 118570 (2004)].
were in fact concerted and cooperative,
indicating closeness of personal No Criminal Liability in the Following
association, concerted action and Cases:
concurrence of sentiments [People v. 1. Mere acquiescence to or approval of the
Talaogan, G.R. No. 178198 (2008)]. commission of the crime, without any act of
criminal participation, shall not render one

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criminally liable as co-conspirator [People 3. Multi-recidivism/Habitual Delinquency
v. Izon, G.R. L-10397 (1958)]. [Art. 62 (5), RPC]
4. Quasi-recidivism [Art. 160, RPC]
However, having community of design with
the principal does not prevent a malefactor 1. Recidivism
from being regarded as an accomplice if his
role in the perpetration of the homicide or Recidivist
murder was, relatively speaking, of a minor One who, at the time of his trial for one crime,
character [People v. Nierra, G.R. No. L- shall have been previously convicted by final
32624 (1980)]. judgment of another crime embraced in the
same title of the RPC [People v. Lagarto, G.R.
2. If the party desisted from the No. 65833 (1991)].
commission of the crime [People v. Timbol,
G.R. Nos. L-47471-3 (1944)]. Requisites: [TPSC]
1. Offender is on Trial for a felony
Wheel or Circle Conspiracy v. Chain 2. He was Previously convicted by final
Conspiracy judgment of another crime
1. Wheel or Circle Conspiracy - there is a 3. Both the first and second felonies are
single person or group (the hub) dealing embraced in the Same title of the RPC
individually with two or more other persons 4. Offender is Convicted of the new
or groups (the spokes). offense
2. Chain Conspiracy - there is successive
communication and cooperation in much Offender is on Trial for an Offense
the same way as with legitimate business What is controlling is the time of trial, not the
operations between manufacturer and time of commission of the crime. It is meant to
wholesaler, then wholesaler and retailer, include everything that is done in the course of
and then retailer and consumer [Estrada v. the trial, from arraignment until after the
Sandiganbayan, G.R. No. 148965 (2002)]. sentence is announced by the judge in open
court [People v. Lagarto, supra].
When the person who has decided to commit a
felony proposes its execution to some other Rules in Counting Number of Convictions
person or persons [Art. 8, RPC]. 1. If both offenses were committed on the
same date, they shall be considered as
Requisites: [DP] only one, hence, they cannot be
1. Decision to commit a felony; and separately counted in order to
2. Proposal to execute to other constitute recidivism.
person/persons. 2. If judgments of conviction handed
down on the same day shall be
It is not necessary that the person to whom the considered as only one conviction.
proposal is made agrees to commit it [Reyes,
Book 1]. When is there Conviction by Final
Judgment
Proposals Punishable by Law [ReCIT]: 1. After lapse of period for perfecting
1. Rebellion [Art. 136, RPC] appeal (15 days);
2. Coup d’ etat [Art. 136, RPC] 2. When sentence has been partially or
3. Insurrection [Art. 136, RPC] totally served;
4. Treason [Art. 115, RPC] 3. Accused waived in writing his right to
appeal; or
f. Multiple Offenders 4. Accused has applied for probation.
[Rule 120, Sec. 7, ROC].
Four Forms of Repetition:
1. Recidivism/Reincindencia [Art. 14 (9), Effect of the following:
RPC] • Pardon on the first felony – the first
2. Habituality/Reiteracion [Art. 14 (10), conviction is still counted to make him
RPC] a recidivist, since pardon does not
obliterate the fact of his prior conviction
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[People v. Lacao, Sr., G.R. No. 95320 3. Has already served out his original
(1991)]. sentence or if he completing it after
• Amnesty on the first felony – his reaching such age.
former conviction would not be
aggravating. According to Art. 89, Exception: If by reason of his conduct, he is
amnesty extinguishes not only the deemed not worthy of such clemency.
penalty but also its effects [US v.
Sotelo, G.R. No. L-9791 (1914)]. 4. Multi-Recidivism/Habitual Delinquency

Special Laws Not Contemplated Requisites [T-FIRE, 10-2, 10-3]

In recidivism, the crimes committed should be 1. Offender had been convicted of any of
felonies. There is no recidivism if the crime the crimes of [T-FIRE]: Theft;
committed is a violation of a special law Falsification; serious or less serious
[People v. Lauleco, C.A., 36 O.G. 956]. physical Injuries; Robbery; Estafa.
2. After conviction or after serving his
2. Habituality (Reiteracion) sentence, he again committed, and,
within 10 years from his release or first
Requisites: [TPE2LC] conviction, he was again convicted of
1. Offender is on Trial for an offense any of the said crimes for the 2nd time
2. He Previously served sentence for: 3. After his conviction of, or after serving
a. Another offense to which the sentence for the second offense, he
law attaches Equal or greater again committed, and, within 10 years
penalty; or from his last release or last conviction,
b. 2 or more crimes to which it he was again convicted of any of said
attaches Lighter penalty than offenses, the 3rd time or oftener [Art.
that for the new offense 62, RPC].
3. Offender is Convicted of the new
offense Note: Computation of the 10-year period can
start from either the conviction OR release of
3. Quasi-Recidivism [Art. 160] the accused in his previous crime and shall end
with the date of his conviction in the
Requisites [CBD] subsequent crime [People v. Lacsamana, G.R.
1. Convicted by final judgment of one No. L-46270 (1938)].
offense.
2. Committed a new felony Before/During Coverage
service of such sentence. [Art. 160, • It applies to all participants (e.g.,
RPC] principals, accomplices, accessories)
because it reveals persistence in them
Reiteracion and Quasi-recidivism Cannot of the inclination to wrongdoing and of
be Simultaneous the perversity of character that led
Since reiteracion provides that the accused them to commit the previous crime.
has duly served the sentence for previous • It applies to any stage of the
conviction/s, or is legally considered to have execution (attempt, frustration, or
done so, quasi-recidivism cannot at the same consummation) because subjectively,
time constitute reiteracion, hence the latter the offender reveals the same degree
cannot apply to a quasi-recidivist [People v. of depravity or perversity as the one
Layson, G.R. No. L-25177 (1969)]. who commits a consummated crime.

Pardon [Art. 160(2), RPC] Not An Ex Post Facto Law

General Rule: A quasi-recidivist may be The imposition of the additional penalty on
pardoned and pardon is to be given to a convict habitual delinquents are not unconstitutional
who: because such law is neither an ex post facto
1. Is not a habitual criminal; law nor an additional punishment for future
2. Is already at the age of seventy (70) crimes. It is simply a punishment on future
years; and crimes on account of the criminal propensities

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of the accused [People v. Montera, G.R. No. L- prision mayor
34431 (1931)]. (max. period)
5th and
to reclusion
Recidivism Inherent in Habitual succeeding
temporal (min.
Delinquency period)
A habitual delinquent is necessarily a recidivist.
In penalizing him, the aggravating
circumstance of recidivism has to be taken into
account. However, for the purpose of fixing the
additional penalty, recidivism cannot be taken
as an aggravating circumstance for the reason
that it is inherent in habitual delinquency
[People v. Tolentino, G.R. No. L-48740 (1942)].

Rules in Counting Convictions [Reyes, Book

1]
1. Convictions on the same day are
counted as one.
2. Crimes committed on the same date,
although convictions are on different
dates, are counted as one.
3. Crime committed during the minority of
the offender is not considered.
4. Commission of any of the crime need
not be consummated.
Required Allegations in Information
The information must contain dates of [PLO]:
1. Commission of Previous crimes
2. Last conviction or release
3. Other previous convictions or releases
[People v. Venus, G.R. No. 45141
(1936)].

Note:
• Plea of guilty which fails to allege the
dates of the commission of previous
offences, convictions, and of releases
is not an admission of habitual
delinquency, but recidivism [People v.
Masonson, G.R. No. 45249 (1936)].
• Failure to object admission of decision
showing dates of previous convictions
cures the failure to allege said dates in
the information [People v. Nava, C.A.,
58 O.G. 4750].

Penalties
Nth
Penalty Plus
Conviction
prision
correccional
3rd Prescribed
(med. and max.
penalty on
periods)
the last
prision mayor
crime
4th (min. and med.
periods)
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Limitation: 30 years. In no case shall the total The imposition of such additional penalties is
of the 2 penalties imposed upon the offender mandatory and is not discretionary.
exceed 30 years.

Recidivism v. Reiteraction v. Quasi-Recidivism v. Habitual Delinquency

Recidivism/ Reincin- Habituality/ Reiteracion/ Habitual Delin-
Quasi-Recidivism
dencia Repetition quency
[Art. 160]
[Art. 14 (9)] [Art. 14 (10)] [Art. 62 (5)]
As to Nature
As to When the Second (2nd) Crime was Committed
After conviction of 1st After serving sentence for After conviction of Within 10 years
crime the 1st crime 1st crime – but from his last
before serving release or
sentence for the 1st conviction
crime, or while
serving such
sentence
As to the Crimes Committed
2nd conviction – for Offender has been previou- Offender is convic- At least 3 convi-
an offense embraced sly punished of: ted for a 2nd felony. ctions are requi-
in the same title of 1. One (1) offense – to red.
RPC which the law attaches equal Note: 1st crime may
or greater penalty; or be a felony or Offender is found
2. Two (2) offenses – to offense but the 2nd guilty for the 3rd
which the law attaches crime must be a time or oftener
lighter penalty felony. of the following
crimes [T-FIRE]:
Note: Previous and subse- 1. Theft
quent offenses must NOT be 2. Falsification
embra-ced in the same title of 3. Less serious or
the RPC. serious physical
Injuries
4. Robbery
5. Estafa
As to Type of Aggravating Circumstance
Special Aggra- Extraordinary
Generic Aggravating Circumstance vating Circum- Aggravating
stance Circum-stance
As to Effect on Penalty
If not offset by any Same as recidivism but not Imposes the maxi- An additional
mitigating circum- always an aggravating mum of the penalty penalty shall be
stance, increase the circum-stance as Court for the new offense, imposed.
penalty only to the should exercise discretion in and cannot be
maximum. favor of the accused if the offset by any
previous offenses of the mitigating circum-
offender are against property stance.
and not directly against
persons and applying
habituality would result in a
penalty of death.
As to Proof/Other Requirements
Proof of Recidivism Proof of Habituality Proof of Quasi- Required
It is necessary to Requires presentation of Recidivism Allegations in
allege recidivism in the certified copies of the Requires the Information
information and to sentence rendered against presentation of a
attach thereto certified the accused except when certified copy of the
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copies of the the defendant pleads guilty sentence convicting The information
sentences render-ed to the information alleging an accused [People must contain
against the accused. reiteracion [People v. v. Gaorana, G.R. dates of [PLO]:
Monterey y Quindoza, G.R. Nos. 109138-39 1. Commission of
The trial court may still No. 109767 (1996)]. (1998)]. Previous crimes
give such aggravating 2. Last conviction
circum-stance crede- or release
nce if the accused 3. Other previ-
does not object to the ous convictions
presentation. [People or releases
v. Molina, G.R. Nos. [People v. Venus,
134777-78 (2000)] G.R. No. 45141
(1936)].

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D. Penalties 2. Perpetual or temporary special
disqualification (e.g., Arts. 226-228,
RPC)
1. Imposable Penalties 3. Suspension (e.g., Art. 236, RPC)

Prescribed vs. Imposable Penalty vs. Other Classifications

Penalty Actually Imposed 1. According to Divisibility [Reyes,
Penalty Book 1]
Prescribed Imposable
Actually Divisible. Those that have fixed
Penalty Penalty
Imposed duration and can be divided into three
As to Definition periods: minimum, medium, maximum.
An initial a. Reclusion temporal
penalty as a b. Prision mayor
A single
general c. Prision correccional
fixed
prescription d. Suspension
Penalty after penalty
for the e. Destierro
the attending or (also
felonies f. Arresto mayor
modifying called a
defined g. Arresto menor
circumstances straight
therein
have been penalty)
which Indivisible. Those that have no fixed
appreciated chosen
consists of a duration.
by the
range of h. Death
court
period of i. Reclusion perpetua
time. j. Perpetual absolute/special
Example: As Applied to homicide disqualification
One ordinary k. Public censure
aggravating
17 years,
and no 2. According to Subject-Matter
4 months
mitigating a. Corporal – Death.
Reclusion and 1 day
circumstances: b. Deprivation of freedom –
temporal of
reclusion Reclusion, prision, arresto.
reclusion
temporal in its c. Restriction of freedom –
temporal
maximum Destierro.
period d. Deprivation of Rights –
Disqualification, suspension.
2. Classification e. Pecuniary – Fine.

Major Classification 3. According to Gravity [Art. 9, 25, and

1. Principal Penalties - Those expressly 26, RPC]
imposed by the court in the judgment of a. Capital
conviction. b. Afflictive
2. Accessory Penalties - Those that are c. Correctional
deemed included in the imposition of d. Light
the principal penalties.
3. Subsidiary Penalties - Those 3. Duration and Effects
imposed in lieu of principal penalties,
i.e., imprisonment in case of inability to SCALE OF PRINCIPAL PENALTIES [Art. 25,
pay the fine [Reyes, Book 1]. RPC]
1. Capital Punishment: Death
Either Principal or Accessory 2. Afflictive Penalties [RP, RT, PAD,
The following may be principal or accessory TAD, PSD, TSD, PM]
penalties, because they are formed in the two a. Reclusion Perpetua,
general classes: [Reyes, Book 1] b. Reclusion Temporal,
1. Perpetual or temporary absolute c. Perpetual or Temporary
disqualification Absolute Disqualification,

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d. Perpetual or Temporary Scale of Accessory Penalties
Special Disqualification, 1. Perpetual or Temporary Absolute
e. Prision Mayor. Disqualification
3. Correctional Penalties [PC, AM, S, 2. Perpetual or Temporary Special
Des] Disqualification
a. Prision Correccional 3. Suspension from public office, the right
b. Arresto Mayor to vote and be voted for, the profession
c. Suspension or calling
d. Destierro 4. Civil Interdiction,
4. Light Penalties [Am,Pc] 5. Indemnification,
a. Arresto menor 6. Forfeiture or confiscation of
b. Public censure instruments and proceeds of the
5. Penalties Common to the Three offense,
Preceding Classes [FB] 7. Payment of costs
a. Fine
b. Bond to keep the peace.

Penalties involving Death/Imprisonment (Deprivation of Freedom)

Penalty Duration Accessories
Capital Punishment
Death Indivisible
Death, when not Indivisible 1. Perpetual absolute disqualification; and
executed due to 2. Civil interdiction for 30 years, if not expressly
pardon or commutation remitted in the pardon [Art. 40, RPC]
(REPEA-LED)
Afflictive Penalties
Reclusion Perpetua 20 years & 1 day 1. Civil interdiction for life or during the period of
to 40 years the sentence as the case may be
(Indivisible) [Art. 2. Perpetual Absolute Disqualification which the
27, RPC] offender shall suffer even though pardoned as to
the principal penalty, unless the same shall have
been expressly remitted in the pardon [Art. 41,
RPC]
Reclusion Temporal 12 years & 1 day 1. Civil interdiction for life or during the period of
to 20 years [Art. the sentence as the case may be.
27, RPC] 2. Perpetual Absolute Disqualification which the
offender shall suffer even though pardoned as to
the principal penalty, unless the same shall have
been expressly remitted in the pardon [Art. 41,
RPC].
Prision Mayor 6 years & 1 day to 1. Temporary Absolute Disqualification
12 years [Art. 27, 2. Perpetual Special Disqualification from the right
RPC] to suffrage which the offender shall suffer although
pardoned as to the principal penalty unless the
same shall have been expressly remitted in the
pardon [Art. 42, RPC].
Correctional Penalties
Prision Correccional 6 months & 1 day 1. Suspension from public office
to 6 years [Art. 27, 2. Suspension from the right to follow a profession
RPC] or calling
3. Perpetual Special Disqualification for the right of
suffrage, if the duration of the imprisonment shall
exceed 18 months [Art. 43, RPC]
Arresto Mayor 1 month & 1 day to 1. Suspension of right to hold office
6 months [Art. 27, 2. Suspension of the right of suffrage during the
RPC] term of the sentence [Art. 44, RPC]
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Light Penalties
Arresto Menor 1 day to 30 days 1. Suspension of right to hold office
[Art. 27, RPC] 2. Suspension of the right of suffrage during the
term of the sentence [Art. 44, RPC]

Penalties involving Deprivation of Rights

Penalty Duration Effects
Afflictive Penalties
1. Deprivation of public office,
even if by election
2. Deprivation of right to vote
Perpetual Absolute & be voted for
For life
Disqualification 3. Disqualification from public
office held
4. Loss of retirement rights
[Art. 30, RPC]
1. Deprivation of public office,
even if by election
6 years & 1 day to 12 years except when 2. Deprivation of right to vote
Temporary disqualify-cation penalty is imposed as an & be voted for during
Absolute accessory penalty, in which case its sentence
Disqualification duration shall be that of the principal 3. Disqualification from public
penalty [Art. 27, RPC]. office held during sentence
4. Loss of retirement rights
[Art. 30, RPC]
1. Deprivation of office,
employment, profession, or
calling affected
2. Disqualification from similar
Perpetual Special offices or employments [Art.
For life
Disqualification 31, RPC]
3. Right to suffrage (vote in
any popular election for public
office or be elected to such
office) [Art. 32, RPC]
1. Deprivation of office,
employment, profession, or
calling affected
6 years & 1 day to 12 years except when
2. Disqualification from similar
disqualification penalty is imposed as an
Temporary Special offices or employment [Art.
accessory penalty, in which case its
Disqualification 31, RPC]
duration shall be that of the principal
3. Right to suffrage (vote in
penalty [Art. 27, RPC].
any popular election for public
office or be elected to such
office) [Art. 32, RPC]
Correctional Penalties
6 months & 1 day to 6 years except when
the penalty of disqualification is imposed 1. Public office
Suspen-sion as an accessory penalty, in which case its 2. Profession or calling
duration shall be that of the principal 3. Suffrage [Art. 33, RPC]
penalty [Art. 27, RPC].
Prohibition to enter w/in 25-
250 km radius from the
Destierro 6 months & 1 day to 6 years [Art. 27, RPC]
designated place [Art. 87,
RPC]

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a. Capital Punishment catalogued as "heinous" (in R.A. 7659). R.A.
9346’s amendments extend only to the
The death penalty shall be imposed in all cases application of the death penalty but not to the
in which it must be imposed under existing definition or classification of crimes. It does not
laws, except in the following cases (reclusion serve as a basis for the reduction of civil
perpetua shall be imposed): indemnity and other damages that adhere to
1. When the guilty person be more than heinous crimes [People v. Bon, supra].
seventy (70) years of age or below
eighteen (18) years of age at the time b. Reclusion Perpetua
of the commission of the crime [Art. 47,
RPC, as amended by R.A. 9344] Duration
2. When upon appeal or automatic review In R.A. 7659, the penalty of reclusion perpetua
of the Supreme Court, the required is now accorded a defined duration ranging
majority vote is not obtained for the from twenty (20) years and one (1) day to forty
imposition of the death penalty [Art. 47, (40) years.
RPC, as amended by R.A. 9346].
Indivisibility
Abolition of Death Penalty Reclusion perpetua remains to be an indivisible
R.A. 9346 (Act Prohibiting the Imposition of penalty and, when it is the prescribed penalty,
Death Penalty) provides for: should be imposed in its entirety, i.e., reclusion
1. Prohibition on death penalty [Sec. 1, perpetua sans a fixed period for its duration,
R.A. 9346] regardless of any mitigating or aggravating
2. Repeal of R.A. 8177 (Act Designating circumstance that may have attended the
Death by Lethal Injection) and R.A. commission of the crime [People v. Ticalo,
7659 (Death Penalty Law) [Sec. 1, R.A. G.R. No. 138990 (2002)].
9346]
3. In lieu of death penalty, following shall Considering that it is an indivisible penalty, it is
be imposed: also unnecessary for the court to specify the
a. Reclusion perpetua - if the length of imprisonment [People v. Ramirez,
law violated uses the RPC’s G.R. No. 138261 (2001)].
nomenclature; and
b. Life imprisonment - if it does Life Imprisonment v. Reclusion Perpetua
not [Sec. 2, R.A. 9346] [People v. Ballabare, G.R. No. 108871 (1996)]
Cadena Reclusion
Constitutional Prohibition Perpetua (Life Perpetua
In the constitutional prohibition on death Imprisonment)
penalty [Art. III, Sec. 19(1), 1987 Constitution], As to Imposed for Prescribed
the latter is placed in a “suspensive condition” Offenses serious under the
or in a “state of hibernation.” It is included in the offenses RPC
computation of penalty but not imposed. penalized by
special laws
"Death" as used in Art. 71, RPC, shall no longer As to No accessory With
form part of the equation in the graduation of Accessory penalties accessory
penalties. For example, the determination of Penalties penalties
his penalty for attempted rape shall be As to Does not Entails
reckoned not from two degrees lower than Duration appear to have imprison-
death, but two degrees lower than reclusion any definite ment for at
perpetua [People v. Bon, G.R. No. 166401 extent or least 30
(2006)]. duration years after
which the
Note: that the death penalty remains in the convict
RPC; R.A. 9346 merely prohibits its imposition becomes
Heinous Crimes Remain “Heinous.” eligible for
pardon
Debarring the death penalty through R.A. 9346 although
did not declassify those crimes previously the
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CRIM1 CRIMINAL LAW
maximum or within the 25-250 km. radius specified [Art.
period shall 87, RPC].
in no case
exceed 40 Although destierro does not constitute
years imprisonment, it is still a deprivation of liberty.
Art. 29 of the RPC applies when the penalty is
A.M. No. 15-08-02-SC, in rel. to Sec. 3, R.A. destierro [People v. Bastasa, G.R. No. L-32792
9346 (1979)].
Conditions Effect
Convicted of Ineligible for parole under Penalties Common to Afflictive,
offense Indeterminate Sentence Correctional, and Light Penalties
punished with Law (ISLAW)
or reduced to a. Fines
reclusion
perpetua Classification of Penalties
When death No need to use [Art. 26, RPC, as amended by Sec. 2, RA
penalty is not qualification of “without 10951]
warranted eligibility for parole” as Afflictive More than Php1,200,000
convicted persons Php40,000 to
penalized with an Correctional
Php1,200,000
indivisible penalty are not Light Below Php40,000
eligible for parole
When death Must use qualification
Classification of Penalty
penalty is “without eligibility for
Art. 26 merely classifies fine and has nothing to
warranted, if parole” to qualify
do with the definition of offenses. Hence, Art. 9
not for R.A. reclusion perpetua and to
should prevail over Art. 26 where the
9346 emphasize that the
prescription of a crime and not the prescription
accused should have
of a penalty is the question [People v. Yu Hai,
been sentenced to suffer
G.R. No. L-9598 (1956)].
the death penalty if not
for R.A. 9346.
Rules in Fines
1. The court can fix any amount of the fine
c. Destierro within the limits established by law but
must consider:
Applicability a. Mitigating and aggravating
Destierro applies in the following cases: [F- circumstances
ICE] b. Wealth or means of the culprit
1. In case of Failure to give bond for good [Art. 66, RPC]
behavior [Art. 284, RPC] 2. When the law does not fix its minimum
2. Serious physical Injuries – the determination of the amount of is
3. Penalty of Concubine in concubinage left to the sound discretion of the court,
[Art. 334, RPC] provided within the maximum
4. Death under Exceptional circumstance authorized by law [People v. Quinto,
[Art. 247, RPC] G.R. No. 40934 (1934)].
5. In cases where after reducing the 3. Fines are not divisible
penalty by one or more degrees,
destierro is the proper penalty. Increasing or Reducing Fine
[REYES, Book 1] Fines are graduated into degrees when
imposing them upon accomplices and
Duration accessories or in principals in
Destierro lasts from 6 months and 1 day to 6 frustrated/attempted felonies [Arts. 50-57,
years [Art. 27, RPC]. RPC].

Nature of Destierro If it is necessary to increase/reduce the penalty

Those sentenced to destierro are not allowed of fine by 1 or more degrees it shall be
to enter the place/s designated in the sentence increased/reduced respectively or each degree
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CRIM1 CRIMINAL LAW
by one-fourth (¼) of the maximum determine [Art. 27, RPC, as amended by R.A.
prescribed amount by law without changing 7659].
the minimum. This shall also be observed with
fines that are made proportional [Art. 75, RPC]. Applicability
General Rule: Since according to Art. 21 no
This does not apply when there is no minimum felony shall be punishable by any penalty not
amount fixed by law, in which case the amount prescribed by law prior to its commission, and
imposed is left to the sound discretion of the the bond to keep the peace is not specifically
courts [People v. Quinto, G.R. No. L-40934 provided for by the Code for any felony, it shall
(1934)]. be required to cover such a period of time as
the court may determine [As amended by
Fine with Minimum v. Fine Without Section 21, R.A. No. 7659].
Maximum
Fine With Fine Exception: Bond to keep the peace is
Minimum Without required of a person making a grave or light
Minimum threat [Art. 284, RPC].
As to What In both, the law fixes the
Fixes the maximum of the fine. Bond to Keep Peace v. Bail Bond
Maximum Bond to Bail Bond
As to the The Court The Court Keep the
Court cannot can impose Peace
Imposing change the any amount As to Penalty for Posted to
the minimum. not Purpose/ offense of provisional
Minimum exceeding Applicability grave/light release of a
the threat person
maximum. arrested/
When Court The Court The Court accused of a
Also Fixed can impose cannot crime
the an amount impose an
Maximum higher than amount Termination of Parental Authority
the higher than Unless subsequently revived by a final
maximum. the judgment, parental authority also terminates
maximum. [Art. 229, RPC]:
1. Upon judicial declaration of
b. Bond to Keep Peace abandonment of the child in a case filed
for the purpose; or
Effect of Penalty: [2SDD] 2. Upon final judgment of a competent
1. Offender must present two (2) sureties court divesting the party concerned of
who shall undertake that the offender parental authority; xxx
will not commit the offense sought to be 4. Application and Graduation of
prevented and that they will pay a Penalties
court-determined amount if said
offense be committed. When Duration of Penalty Begins [Art. 28,
2. Offender must Deposit amount to the RPC]
clerk of court. When Duration of
3. Offender must be Detained if he cannot Scenario
Penalty Commences
give the bond. When offender is Duration of temporary
a. Grave/less grave felonies - not in prison penalties is from the
more than 6 months day on which the
b. Light penalties - not more than judgment of conviction
30 days for light penalties. [see becomes final.
Art. 35, RPC] When offender is Duration of penalty
not in prison consisting of
Duration deprivation of liberty is
The bond to keep the peace shall be required from the day the
to cover such period of time as the court may offender is placed at
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the disposal of judicial 2. They failed to surrender voluntarily
authorities for the when summoned for the execution of
enforcement of the their sentence.
penalty.
For other From the day on Note: Credit for preventive imprisonment for
penalties which the offender the penalty of reclusion perpetua shall be
commences to serve deducted from 30 years.
his sentence.
When the From the date of the Other Rules [Art. 29, RPC]
accused, who promulgation of the Scenario Effect
was in custody, decision of the If detention Credited in the
appealed appellate court. prisoner does not service of his
[Ocampo v. CA, G.R. agree to abide by sentence with four-
No. L-7469 (1955)] the same fifths (4/5) of the
Temporary Penalties disciplinary rules time during which he
If offender is From day on which imposed upon has undergone
undergoing the judgment of convicted preventive
preventive conviction becomes prisoners imprisonment (as
imprisonment final, but offender is amended by R.A.
entitled to a deduction 6127).
of full time or 4/5 of If accused’s period Released
the time of detention of preventive immediately without
If offender is not From the day on imprisonment is prejudice to the
under detention which the offender equal to/more than continuation of the
because offender commences to serve the possible max. trial thereof or the
was released on his sentence imprisonment of proceeding on
bail the offense appeal, if the same
charged to which is under review (as
Examples of Temporary Penalties: he may be amended by EO
1. Temporary absolute disqualification sentenced and his 214, 1988).
2. Temporary special disqualification case is not yet
3. Suspension terminated Exceptions: If the
accused is absent
Examples of penalties consisting in without justifiable
deprivation of liberty: cause at any stage
1. Imprisonment of the trial, court
2. Destierro may motu proprio
order the rearrest of
Rules in Deducting Period of Preventive the accused.
Imprisonment [Art. 29, RPC] Recidivists, habitual
delinquents,
General Rule: Offenders who underwent escapees and
preventive imprisonment shall be credited in persons charged
the service of their sentence consisting of with heinous crimes
deprivation of liberty, with the full time during are also excluded.
which they were under preventive If maximum Released after thirty
imprisonment, if they agree voluntarily in penalty to which (30) days of
writing to abide by the same disciplinary rules the accused may preventive
imposed upon convicted prisoners. be sentenced is imprisonment (as
destierro amended by EO
Exceptions: 214, 1988).
1. They are recidivists/have been If penalty imposed Convict should be
convicted previously twice or more after trial is less released
times of any crime; and than the full time immediately [Reyes,
or four-fifths of the Book 1].
time of the
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preventive 4. Those who shall have escaped from
imprisonment confinement or Evaded service of
sentence
a. Indeterminate Sentence Law (R.A. 5. Those whose maximum term of
4103, As Amended by Act No. 4225) imprisonment does Not exceed one
year.
Purpose 6. Those sentenced to the penalty of
Destierro or Suspension.
The law is intended to favor the defendant,
particularly to shorten his term of 7. Convicted of misprision of Treason,
Rebellion, Espionage, Sedition.
imprisonment, depending upon his behavior
8. Convicted of Treason, conspiracy or
and his physical, mental and moral record as a
prisoner, to be determined by the Board of proposal to commit treason
9. Those who Violated the terms of
Indeterminate Sentence.
conditional pardon granted to them by
Why “Indeterminate Sentence” the Chief Executive
10. Those who had been sentenced by
After serving the minimum, the convict may be
released on parole, OR if he is not fitted for final Judgment at the time of the
approval of this law.
release, he shall continue serving his sentence
until the end of the maximum [People v.
Ducosin, G.R. No. L-38332 (1933)]. Note: ISLAW was approved on June 19, 1965.

Mandatory Maximum and Minimum Terms

Application of ISLAW is mandatory because Law Maximum Minimum
the law employs the phrases “convicts shall be Term Term
sentenced” and “the court shall sentence the Penalty which Court’s
accused to an indeterminate sentence” [People could be discretion,
v. Yu Lian, CA 40 OG 4205]. properly provided that
imposed under the minimum
Applicability the rules of the term is
General Rule: Applicable to those sentenced RPC, in view of anywhere
with imprisonment exceeding one (1) year. the attending within the
• Application of the law is based on circumstances. range of the
the penalty actually imposed. Hence, penalty next
in a case where the court imposes a Basis: lower to that
penalty of prisión correccional Imposable prescribed by
minimum (6 months and 1 day), ISLAW penalty (after the RPC for
does not apply [People v. Moises, G.R. considering the offense,
RPC
No. L-32495 (1975)]. mitigating or without regard
Exceptions: aggravating to its 3 periods
Not applicable when unfavorable to the circumstances) [Sec. 1,
accused [People v. Nang Kay, 88 Phil. 515, [Sec. 1, ISLAW] ISLAW].
519]
The following are excluded from coverage: Basis:
[Sec. 2, ISLAW] Prescribed
1. Convicted of Piracy penalty, not
2. Habitual delinquents (but applies to the imposable
recidivists). penalty
3. Convicted of offenses punished with [People v.
death penalty or Life imprisonment. Temporada,
supra].
However, when there are two Maximum term Minimum term
mitigating circumstances, despite the shall not shall not be
offense being punishable by reclusion Special exceed the less than
temporal to death, ISLAW applies. Law maximum fixed minimum
[People v. Roque, 90 Phil 142, 146 by the special specified by
(1951)] the law.
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CRIM1 CRIMINAL LAW
law [Sec. 1, Rules in Authorizing Prisoner to be
ISLAW]. Exception: Released on Parole
When the Whenever the prisoner shall have served the
Presence of special law minimum penalty imposed on him, and it shall
attending adopts the appear to the Board of Indeterminate Sentence
circumstances technical that such prisoner is fitted for release, the
does not affect nomenclature Board may authorize his release on parole,
the imposition and upon terms and conditions as may be
of the penalty. signification of prescribed.
penalties Whenever the prisoner on parole during the
Exception: under RPC, period of surveillance violates any of the
When the indeterminate conditions, Board may issue an order for his
special law sentence is arrest where the prisoner shall serve the
adopts the based on rule unexpired portion of the maximum sentence.
technical intended for [Secs. 6 and 8, R.A. 4103, as amended by Act
nomenclature crimes No. 4225]
and signification punishable by
of penalties RPC [Imbo v. Other Rules in Application of Penalties
under RPC, People, 1. Incomplete Accident
indeterminate supra]. a. If guilty of grave felony:
sentence is Arresto mayor in its maximum
based on rule period to prision correccional in
intended for its minimum period
crimes b. If guilty of less grave felony:
punishable by Arresto mayor in its minimum
RPC [Imbo v. and medium periods [Art. 67,
People, G.R. RPC]
No. 197712
(2015)]. 2. Incomplete Exemption or
Justification
Factors in Fixing Minimum Penalty [People a. When deed is not wholly
v. Ducosin, 59 Phil 109, 118 (1933)] excusable by reason of lack of
some conditions required for
Criminal as an individual exempting or justifying
1. Age of the criminal circumstances – a penalty
2. General health and physical conditions lower by one or two degrees
3. Mentality, heredity and personal habits shall be imposed, provided that
4. Previous conduct, environment, mode majority of the conditions are
of life, and criminal record present [Art. 69, RPC].
5. Previous education (intellectual & b. Incomplete justification is a
moral) privileged mitigating
6. Proclivities and aptitudes for circumstance (it cannot be
usefulness or injury to society offset by aggravating
7. Demeanor during trial and attitude with circumstances) [People v.
regard to the crime committed Ulep, supra].
8. Gravity of the offense
3. Incomplete Self-Defense, Defense of
Criminal as a member of society Relatives and Strangers
1. Relationship toward his dependents, a. Unlawful Aggression –
family and associates, and their should always be present to be
relationship with him appreciated as a mitigating
2. Relationship towards society at large circumstance [U.S. v. Navarro,
and the State 7 Phil. 713].
b. Ordinary mitigating
circumstance – if only
unlawful aggression is present.

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CRIM1 CRIMINAL LAW
c. Privileged mitigating b. Perpetual or Temporary Special
circumstance – if two of the Disqualification
three requisites are present
[People v. Oanis, G.R. No. L- For Public Office, Profession or Calling [Art.
47722 (1943)]. 31, RPC]
1. Deprivation of the office, employment,
4. Impossible Crimes - The penalty for profession or calling affected; and
persons who committed impossible 2. Disqualification for holding similar
crimes [Art. 4(2), RPC] is arresto mayor offices or employments during the
or a fine (Php200 – 500) [Art. 59, RPC]. period of disqualification.

5. Accessory Penalties For Exercise of Right to suffrage [Art. 32,

RPC]
a. Perpetual or Temporary Absolute 1. Deprivation of the right to vote in any
election for popular office; and
Disqualification
2. Deprivation of right to be elected in
such office.
Effects [DOVDOP] [Art. 30, RPC]
1. Deprivation of any public Office or
No Denial of Right
employment of offender; even if by
It is presumed those convicted of a felony are
election.
unfit to exercise the privilege of suffrage or to
2. Deprivation of the right to Vote in any
hold office. The exclusion must for this reason
election or to be voted upon;
be adjudged a mere disqualification, imposed
3. Disqualification for the Offices or public
for protection and not for punishment, the
employments and for the exercise of
withholding of a privilege and not the denial of
any of the rights mentioned.
a personal right [People v. Corral, G.R. No. L-
4. Loss of rights to retirement pay or
42300 (1936)].
Pension.
Duration
Duration
1. Perpetual Disqualification or
1. Perpetual Absolute Disqualification
Suspension – perpetually [Art. 30,
– during the lifetime of the convict and
RPC]
even after the service of the sentence
2. Temporary Disqualification or
[Ocampo v. Enriquez, G.R. No. 225973
Suspension – if imposed as an
(2016)].
accessory penalty, the duration is the
2. Temporary Absolute
same as that of the principal penalty.
Disqualification – during the term of
[Art. 30 (3)(2), RPC]
the sentence, except as to:
a. Deprivation of the public office
or employment; and c. Suspension from Public Office, the
b. Loss of all rights to retirement Right to Vote and Be Voted For, the
pay or other pension for any Right to Practice a Profession or Calling
office formerly held [Art. 30 (3),
RPC]. Effects
Involves disqualification from: [Art. 33, RPC]
Additional Penalty for Certain Accessories 1. Holding such office and holding
Accessories falling within Art. 19 (3) of the RPC another office having similar functions
who act with abuse of their public functions, during the period of suspension
harbored, concealed, or assisted in the escape 2. Exercising such profession
of the principal of the crime shall suffer the 3. Exercising right of suffrage
additional penalty:
1. Perpetual absolute disqualification Duration
– for grave felonies Term of the sentence. [Art. 33, RPC]
2. Temporary absolute disqualification
– for less grave felonies

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d. Civil Interdiction accused or to third person) shall be
destroyed.
Effects [Art. 34, RPC]
Deprivation of the following rights: [PAG-MA- Forfeiture as Additional Penalty
MAP] When the proceeds or instruments of the crime
1. Parental Authority are not confiscated prior to the final judgment
2. Guardianship over the ward, either as of sentence, the court cannot modify, alter or
to the person or property of any ward change the sentence to confiscate such [U.S.
3. Marital Authority v. Hart, 24 Phil. 578, 581-582]. It is an
4. Right to MAnage Property and to additional penalty, and amounts to an
dispose of the same by acts inter increase of the penalty already imposed,
vivos. placing the accused in double jeopardy [People
v. Sanchez, G.R. No. L-9768 (1957)].
Other Effects under the Civil Code:
1. Offer given by the convict before SPECIAL LAWS PROVIDING FOR
acceptance is conveyed shall become CONFISCATION OF PROPERTY
ineffective [Art. 1323, NCC]
2. Dissolution [of partnership] is caused: An Act Declaring Forfeiture in Favor of the
(7) By the civil interdiction of any State Any Property Found to Have Been
partner [Art. 1830, NCC] Unlawfully Acquired by Any Public Officer
3. Civil interdiction of a general partner or Employee and Providing for the
dissolves the partnership, unless the Proceedings Therefor [RA No. 1379]
business is continued by the remaining If the public officer is unable to show that the
general partners: property in question was lawfully acquired, the
a. Under a right so to do stated in court shall declare this property forfeited in
the certificate, or favor of the State. Such judgment may not be
b. With the consent of all rendered within six months before any general
members. [Art. 1860, NCC] election, nor three months before any special
4. Agency is extinguished: (3) By the [xxx] election [Sec. 6, R.A. 1379].
civil interdiction [xxx] of the agent [Art.
1919, NCC] Plunder Law [RA No. 7080]
The Court shall declare any and all ill-gotten
e. Indemnification or Confiscation of wealth and their interests and other income
Instruments or Proceeds of the Offense and assets including the properties and shares
of stocks derived from the deposit or
investment thereof, forfeited in favor of the
Generally
State [Sec. 2, R.A. 7080].
Effects
Forfeiture in favor of the Government of the
Anti-Graft and Corrupt Practices Act [RA
proceeds of the crime and the instruments or
No. 3019]
tools with which it was committed [Art. 45,
Any prohibited interest or unexplained wealth
RPC].
out of proportion to the offender’s lawful
income, shall be forfeited or confiscated in
Rules: [Art. 45, RPC]
favor of the State [Sec. 9, R.A. 3019].
1. Every penalty imposed carries with it
the forfeiture of the proceeds of the
Comprehensive Dangerous Drugs Act of
crime and the instruments or tools used
2002, as amended [RA No. 9165]
in the commission of the crime.
All equipment and paraphernalia used for the
2. Proceeds and instruments or tools of
production of illegal drugs shall be confiscated
the crime are confiscated and forfeited
and forfeited in favor of the government.
in favor of the Government.
3. Property of a third person not liable for
After conviction in the RTC, the Court shall
the offense, is not subject to
immediately schedule a hearing for the
confiscation and forfeiture.
confiscation and forfeiture of all the proceeds
4. Property not subject of lawful
of the offense. However, during the
commerce (whether it belongs to the
proceedings before the RTC, no property or

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income may be forfeited or confiscated [Sec. each amount equivalent to the highest
20, R.A. 9165]. minimum wage rate prevailing in the
Philippines at the time of the rendition of
2016 Revised Implementing Rules and judgment of conviction by the trial court,
Regulations of R.A. 9160, or the Anti-Money subject to rules provided for in Article 39 [Art.
Laundering Act, as amended. 39, RPC, as amended by R.A. 10159].
Monetary instruments or property that are the
proceeds of money laundering shall be Nature
forfeited in favor of the Government. If this It is NOT an accessory penalty. Therefore, the
cannot be enforced, the court may order the culprit cannot be made to go subsidiary
offender to pay an amount equal to the value of imprisonment unless the judgment expressly
the monetary instrument or property [Rule XII]. so provides [People v. Fajardo, G.R. No. 43466
(1938)].
f. Payment of Costs
Accordingly, an accused cannot be made to
Exclusion undergo subsidiary imprisonment in case of
Not allowed against the Republic of the insolvency to pay the fine imposed upon him
Philippines. [Rule 142, Sec. 1, ROC] when the subsidiary imprisonment is not
imposed in the judgment of conviction [Ramos
What are Included v. Gonong, G.R. No. L-42010 (1976)].
1. Fees, and
2. Indemnities, in the course of judicial Rules as to Subsidiary Imprisonment [Art.
proceedings. 39, RPC]
[Art. 37, RPC] Duration of
Penalty Imposed Subsidiary
Expenses of Litigation Imprisonment
Costs of suit are the expenses of litigation Shall not exceed 1/3
allowed and regulated by the Rules of Court to of the term of the
be assessed against or to be recovered by a sentence and shall
Prisión
party in litigation [People v. Bergante, et. al., not continue for more
correccional or
G.R. No. 12036970 (1998)]. than 1 year.
arresto; and fine
Order of Payment Fraction or part of a
The civil liabilities of a person found guilty of day not counted.
two or more offenses shall be satisfied by Grave or less grave
following the chronological order of the dates of felony: Shall not
the judgments rendered against him [Art. 72, exceed 6 months.
Fine Only
RPC].
Light felony: Shall not
Applicable in case the property of the offender exceed 15 days.
is not sufficient to pay all his pecuniary Higher than
No subsidiary
liabilities. The order of payment being [Art. 39, prisión
imprisonment.
RPC]: correccional
1. Reparation of the damage caused Same deprivations as
Penalty not to be
2. Indemnification of consequential those of the principal
executed by
damages penalty, under the
confinement, but
3. Fine same rules as in the
of fixed duration
4. Costs of the proceedings first 3 cases above.
Convict shall pay the
In case financial
6. Subsidiary Imprisonment fine, notwithstanding
circumstances of
fact that he suffered
the convict
Definition subsidiary personal
should improve
It is imposed upon the accused and served by liability therefor.
him in lieu of the fine which he fails to pay on
account of insolvency [People v. Alapan, G.R.
No. 199527 (2018)] at the rate of one day for
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Not an Alternative When Judgment Becomes Final
A convict—who has property (a) not exempt General Rule: No penalty shall be executed
from execution and (b) sufficient enough to except by virtue of a final judgment [Art. 78,
meet the fine—cannot choose to serve the RPC]. A judgment becomes final after the
subsidiary penalty [Art. 39, par. 5, RPC]. lapse of the period for perfecting an appeal
[Rule 120, Sec. 7, ROC].
When Not Applicable
1. When the penalty imposed is higher Exception: If the defendant has expressly
than prisión correccional [Art. 39, par. waived in writing his right to appeal or when
3, RPC] accused applied for probation [Rule 120, Sec.
2. For failure to pay the reparation of the 7, ROC].
damage caused, indemnification of the
consequential damages, and the costs Place of Execution of Sentence
of the proceedings Penalty Place
3. When the penalty imposed is a fine and Reclusion In the places and penal
a penalty not to be executed by perpetua, establishments
confinement in a penal institution and reclusion provided by the
which has no fixed duration temporal, Administrative Code or
prision mayor, by law [Art. 86, RPC].
Note: Subsidiary imprisonment can be prision
imposed for violation of special laws pursuant correccional
to Art. 10 of the RPC, which provides that the and arresto
RPC shall be supplementary to special laws; mayor
unless, the special law provides that subsidiary Arresto menor Either in:
imprisonment shall not be imposed [Art. 10, 1. Municipal jail; or
RPC; Jao Yu v. People, G.R. No. 134172 2. House of the
(2004)]. defendant under the
surveillance of an
E. Execution and Service of officer of the law, when
the court so provides,
Penalties taking into
consideration the
EXECUTION OF PENALTIES health of the offender
and other satisfactory
When and How a Penalty is to Be Executed reasons [Art. 88, RPC].
1. No penalty shall be executed except by Destierro Not allowed to enter
final judgment the place/s designated
2. Penalties cannot be executed in a form in the sentence nor
or any circumstances/incidents other within the 25-250 km.
than that prescribed or authorized by radius specified [Art.
law 87, RPC].
3. The law and the special regulations of
institutions in which penalties are to be Simultaneous Service of Sentence
suffered shall be observed with regard General Rule: When the culprit has to serve 2
to the character of work, time of or more penalties, he shall serve them
performance, other incidents simultaneously.
connected therewith, relationships of
convicts to others, relief they may Exception: If the nature of the penalties (e.g.
receive, and their diet deprivation of liberty) does not permit
4. Regulations shall provide for: simultaneous service, the order of their
a. Separation of the sexes in respective severity shall be followed [Art. 70,
different institutions/ RPC].
departments
b. Correction and reform of Deprivation of Liberty
convicts [Art. 78, RPC] Penalties consisting in deprivation of liberty
cannot be served simultaneously by reason of
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the nature of such penalties [In re: Pete Lagran, considered for the purpose of
G.R. No. 147270 (2001)]. the three-fold rule if after
release he commits again and
What can be simultaneously served with is convicted of new offenses.
one another [DDDDS Bond Fine CCP] b. Only penalties not yet served
1. Perpetual absolute Disqualification out can be served
2. Perpetual special Disqualification simultaneously [In re: Pete
3. Temporary absolute Disqualification Lagran, G.R. No. 147270
4. Temporary special Disqualification (2001)].
5. Destierro 3. If sentence is indeterminate, basis of
6. Suspension duration is the maximum term of the
7. Bond to keep the peace and Fine sentence [People v. Desierto, C.A., 45
8. Civil interdiction O.G. 4532].
9. Confiscation and payment of costs 4. “The most severe penalty” – includes
10. Public censure [In re: Pete Lagran, equal penalties, such as when
G.R. No. 147270 (2001)] sentenced to multiple cases of the
same offense [Aspra v. Dir. of Prisons,
All of the above can be served simultaneously 85 Phil. 737, 738].
with imprisonment, except destierro [In re: Pete
Lagran, G.R. No. 147270 (2001)]. Applicability of Rule
This rule only applies when the convict has to
1. Three-Fold Place serve at least four (4) sentences and cannot
exceed three-fold the most severe. If only 2 or
Three-Fold Rule [3-40] [Art. 70, RPC] 3 penalties corresponding to different crimes
1. Maximum duration of convict’s committed by the convict are imposed, it is not
sentence: Shall not be more than possible to apply the three-fold rule [Art. 70,
three (3) times the length of time RPC].
corresponding to the most severe
penalty imposed upon him. Subsidiary Imprisonment
2. Limitation of maximum The three-fold rule does not preclude
period: Period shall in no case exceed subsidiary imprisonment for failure to pay a
forty (40) years. fine, provided that the principal penalty does
3. Effect if total imposed sentence is not exceed 6 years. The provision of Art. 70
more than the maximum allowed: No that "no other penalty to which he may be liable
other penalty shall be inflicted after the shall be inflicted after the sum total of those
sum total of those imposed equals the imposed equals the said maximum period,"
same maximum period. only means that the convict shall not serve the
excess over the maximum of three-fold the
Note: Three-fold rule applies although the most severe penalty.
penalties were imposed for different crimes, at
different times, and under separate Illustration:
informations [Torres v. Superintendent, G.R. “B” was found guilty in 17 criminal cases, the
No. 40373 (1933)]. most severe penalty imposed was 6 months
and 1 day, plus a fine of PI,000, with subsidiary
Basis of Duration of Penalties imprisonment in case of insolvency. After
1. Duration of perpetual penalties (pena serving 18 months and 3 days in prison, B filed
perpetua) – shall be computed at thirty a petition for habeas corpus, contending that
(30) years [Art. 70, RPC]. applying the three-fold rule, he cannot be made
2. Duration of the sentence refers to to serve more time. In deciding the case, the
several penalties for different offenses SC ruled that the subsidiary imprisonment for
not yet served out, but only when the nonpayment of the fine cannot be eliminated so
convict must serve continuous long as the principal penalty is not higher than
imprisonment for several offenses 6 years of imprisonment even if he already
a. If sentence for one offense was served three-fold of the most severe penalty.
already served, that
imprisonment will not be
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Applying said rule, if petitioner would not be May be extended to children in conflict with
able to pay the fine, the maximum duration of the law
his imprisonment shall be 18 months and 3 After convicting and sentencing a child in
days of the principal penalty plus 6 months and conflict with the law, and upon application at
1 day of subsidiary imprisonment for failure to any time, the court may place the child on
pay the fine, or a total of 2 years and 4 days probation in lieu of service of his/her sentence
[Bagtas v. Director of Prisons, 84 Phil. 692, 698 in account of his/her best interest. As such Sec.
(1949)]. 4, P.D. 968 is amended accordingly [Sec. 42,
R.A. 9344].
Not “Imposition of Penalty,” but “Service”
Court must impose all the penalties for all the Disqualified Offenders
crimes of which the accused is found guilty, but 1. Those sentenced to serve a max. term
in the service of the same, they shall not of more than six (6) years [Sec. 9(a),
exceed three times the most severe and shall P.D. 968].
not exceed 40 years – three fold maximum 2. Crimes against national security
penalty [Mejorada v. Sandiganbayan, G.R. convicts [Sec. 9(b), P.D. 968].
Nos. L-51065-72 (1987)]. 3. Those previously convicted by final
judgement of an offense punished by
2. Probation Law [P.D. 968, As imprisonment of more than six (6)
Amended by R.A. 10707] months and one (1) day and/or fine of
more than one hundred thousand
pesos (P1,000.00) [Sec. 9(c), P.D.
Definition of Terms [Sec. 3, P.D. 986]
968].
1. Probation – a disposition under which
4. Those who have been once in
a defendant, after conviction and
probation under this Decree [Sec. 9(d),
sentence, is released subject to
P.D. 968].
conditions imposed by the court and to
5. Those who are already serving
the supervision of a probation officer.
sentence at the time the substance
2. Probationer – person placed on
provisions of this Decree became
probation
applicable pursuant to Section 33
3. Probation officer – one who
hereof [Sec. 9(e), P.D. 968].
investigates for the court a referral for
6. Drug trafficker and pushers, regardless
probation or supervises a probationer
of penalty imposed by court, cannot
or both.
avail of Probation Law privileges, as
amended by the Comprehensive
Nature
Dangerous Drugs Act of 2002 [Sec. 24.
Probation Law is not a penal statute. Courts
R.A. 9165].
have no authority to invoke a liberal
interpretation of it in this case as its words
leave no room for doubt or interpretation b. Grant, Manner, and Conditions [Sec.
[Llamado v. CA and Gaw, G.R. No. 84850 4, R.A. 10707]
(1989)].
1. Application for Probation - defendant
Probation is not a right but a privilege subject must file an application for probation
to the discretion of the court. The discretion is within the period for appeal.
exercised primarily for the benefit of society as
a whole and only secondarily for the personal Effect of filing of application –
advantage of the accused [Amandy v. People, deemed as waiver of the right to
G.R. No. L-76258 (1988)]. appeal.

a. Applicability 2. Application shall not be entertained

or granted – if defendant has
Probation may be granted whether the perfected the appeal from the judgment
sentence imposes a term of imprisonment or a of conviction.
fine only.
Exception: When a judgment of
conviction imposing a non-
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probationable penalty is 3. That the accused-appellant is not
appealed/reviewed and modified to a seeking acquittal of the conviction
probationable penalty, the defendant [Dimakuta v. People, G.R. No. 206513
shall be allowed to apply for probation (2015)].
based on the modified decision before
it becomes final. When Appeal Bars Grant of Probation
1. When the accused is convicted by the
Note: Accused shall lose the benefit of trial court of a crime where the penalty
probation should he seek a review of imposed is within the probationable
the modified decision which already period or a fine, and the accused files
imposes a probationable penalty. a notice of appeal; and
2. When the accused files a notice of
3. Filing of application based on appeal which puts the merits of his
modified decision – application shall conviction in issue, even if there is an
be filed in the trial court where the alternative prayer for the correction of
judgment imposing a non- the penalty imposed by the trial court or
probationable penalty was rendered or for a conviction to a lesser crime, which
where such case has been re-raffled. is necessarily included in the crime in
which he was convicted where the
4. If several defendants have taken penalty is within the probationable
further appeal –other defendants may period [Dimakuta v. People, G.R. No.
apply for probation by submitting a 206513 (2015)].
written application and attaching
thereto a certified true copy of the Note: The Dimakuta decision was issued on
judgment of conviction. October 2015, but R.A. 10707—which
amended the Probation Law—was signed into
Dimakuta Doctrine (Rules on Appeals) law on November 2015.
Appeal must be limited to the following
grounds: c. Grant of Probation
1. Appeal merely intended for
the correction of the penalty Discretion of the Court
imposed by the lower court, which Even if a convicted person falls within the
when corrected would entitle the classes of those qualified for probation, the
accused to apply for probation; and grant of probation is not automatic or
2. Appeal is merely intended to review the ministerial [Amandy v. People, G.R. No. L-
crime for which the accused was 76258 (1988)].
convicted and that the accused should
only be liable to the lesser offense An order placing defendant on "probation" is
which is necessarily included in the not a "sentence" but is rather in effect, a
crime for which he was originally suspension of the imposition of sentence. It is
convicted and the proper penalty not a final judgment but is rather an
imposable is within the probationable "interlocutory judgment" [Baclayon v. Mutia,
period [Dimakuta v. People, G.R. No. G.R. No. L-59298 (1984)].
206513 (2015)].
Criteria for Grant of Probation [Sec. 8, P.D.
What Must be Averred in the Notice of 968]
Appeal The following should be considered in deciding
1. That an earlier motion for to place an offender under probation: [AM-
reconsideration was filed but was ChEAP]
denied by the trial court; 1. Available institutional and community
2. That the appeal is only for reviewing resources
the penalty imposed by the lower court 2. Mental condition of the offender
or the conviction should only be for a 3. Character,
lesser crime necessarily included in the 4. Antecedent,
crime charged in the information; and 5. Environment,
6. Physical condition of the offender
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Reasons for Denying Probation [Sec. 8, P.D. Period of Probation [Sec. 14, P.D. 968]
968] Scenario Duration
1. The offender is in need of correctional When sentenced to Probation shall not
treatment best provided thru imprisonment of not exceed 2 years
commitment to an institution. more than 1 year
2. There is undue risk that the offender When sentenced to Shall not exceed 6
will commit another offense during the more than 1 year years
probation period. When sentenced to a Shall be twice the
3. Probation will depreciate the fine and made to total days of
seriousness of the offense committed. suffer subsidiary subsidiary
imprisonment imprisonment
Effects of Grant of Probation
1. The execution of sentence shall be
d. Violation of Probation Order
suspended for such period and upon
such terms and conditions as the trial
Upon the failure of the probationer to comply
court may deem best [Sec. 4, P.D. 968]
with any of the conditions prescribed in the
2. Probation does not extinguish civil
order, or upon his commission of another
liability, as it only affects the criminal
offense, he shall serve the penalty imposed for
aspect of the case. [Budlong v.
the offense under which he was placed on
Apalisok, G.R. No. L-60151 (1983)]
probation [Sec. 11, P.D. No. 968].
3. Accessory penalties are deemed
suspended [Baclayon v. Mutia, G.R.
Arrest [Sec. 15, P.D 968]
No. L-59298 (1984)]
At any time during the probation, the court may
issue a warrant to arrest the probationer for
Note: An order granting or denying probation
violation of the conditions of the probation.
shall not be appealable [Sec. 4 P.D. 968].
Once arrested and detained, probationer shall
be brought to court for a hearing of the violation
Conditions of Probation [Sec. 10, P.D. 968]
charged. The defendant may be admitted to
1. Mandatory Conditions. Probation
bail pending such hearing.
orders shall contain conditions
requiring probationer to:
Additionally, it must be noted that:
a. Present himself to his
1. The violation of the conditions of
supervising probation officer at
probation must be serious to justify the
the place specified in the order
issuance of a warrant of arrest.
within 72 hours from receipt of
2. Defendant may be admitted to bail
said order; and
pending hearing.
b. Report to the probation officer
o Hearing is summary in nature,
at least once a month at the
but the probationer shall have
time and place specified by
the right to be informed of the
said officer.
violation charged and to
adduce evidence in his favor.
2. Discretionary Conditions. The two
3. Court is not bound by the technical
conditions above are mandatory
rules of evidence.
conditions; the rest in sec. 10 are
4. If the violation is established, the court
discretionary conditions (e.g.
may revoke or continue his probation
cooperate with a program of
and modify the conditions.
supervision; meet his family
5. If revoked, the court shall order the
responsibilities; or devote himself to a
probationer to serve the sentence
specific employment). Moreover, the
originally imposed.
conditions enumerated under Sec. 10
6. The order revoking the grant of
are not exhaustive. The courts are
probation or modifying the term and
allowed to impose practically any term
conditions thereof is not appealable
it chooses, the only limitation being that
[Sec. 15, P.D. 968].
it does not jeopardize the constitutional
rights of the accused [Salgado v. CA,
et al., G.R. No. 89606 (1990)].

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e. Termination of Probation probation for the crime
officer [Sec. he has
Order of Final Discharge [Sec. 16, R.A. 3, P.D. 968; committed
10707] Budlong v. [Llamas v.
An order of final discharge of the probationer Apalisok, Orbos, G.R.
shall be issued by the Court: G.R. No. L- No. 99031
1. After the period of probation; and 60151 (1991).].
2. Upon consideration of the report and (1983)].
recommendation of the probation Whether Does not Does not
officer, upon finding that probationer Crime is obliterate the obliterate the
fulfilled the terms and conditions of his Oblitera- crime of crime; it only
probation. ted which the abolishes the
person under punishment.
Note: The probationer and the probation officer probation Pardon looks
shall each be furnished with a copy of such has been forward and
order. convicted relieves the
[Office of the offender from
Effect of Final Discharge [Sec. 16, R.A. Court the
10707] Administrator consequences
The final discharge of the probationer shall v. Librado, of a convicted
operate to: A.M. P-94- offense, that
1. Restore to him all civil rights lost or 1089 is, it abolishes
suspended as a result of his conviction; (1996)]. or forgives the
and punishment
2. Totally extinguish his criminal liability [People v.
as to the offense for which probation Patriarca, Jr.,
was granted. G.R. No.
135457
Termination of Period, not the same as (2000)].
Expiration of Probation Period Granting By the Court By the Chief
The expiration of the probation period alone Authority [Sec. 10, Executive
does not automatically terminate probation; R.A. 10707] [U.S. v.
probation is not coterminous with its period. Guarin, 30
There must first be an order of final discharge Phil. 85, 87]
issued by the court, based on the report and Effect on Accessory A pardon shall
recommendation of the probation officer [Bala Accessory penalties are not work the
v. Martinez, G.R. No. 67301 (1990)]. Penalties deemed resoration of
suspended the right to
f. Probation v. Pardon once hold public
Probation Pardon probation is office, or the
Definition Probation is It is an act of granted right of
a disposition grace [Baclayon v. suffrage,
under which proceeding Mutia, G.R. unless such
a defendant, from the No. L-59298 rights be
after power (1984)]. expressly
conviction entrusted with restored by
and the execution the terms of
sentence, is of the laws the pardon.
released which
subject to exempts the A pardon shall
conditions individual on in no case
imposed by whom it is exempt the
the court and bestowed culprit from
to the from the the payment
supervision punishment of the civil
of a the law inflicts indemnity
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imposed upon Such prosecution being inconsistent with the
him by the United Nations Convention on the Rights of the
sentence [Art. Child. However, said persons shall undergo
36, RPC]. appropriate counseling and treatment program.
Determination of Age [Sec. 7, R.A. 9344]
3. Juvenile Justice and Welfare Act Presumption of Minority: There is a
presumption of minority. S/he shall enjoy all the
(R.A. 9344, As Amended) rights of a child in conflict with the law until s/he
is proven to be 18 years old or older.
a. Scope
In assessing the attendance of the mitigating
It shall cover the different stages involving circumstance of minority, all doubts should be
children at risk and children in conflict with the resolved in favor of the accused, it being more
law from prevention to rehabilitation and beneficial to the latter. [People v. Sarcia, G.R.
reintegration [Sec. 1, R.A. 9344]. No. 169641 (2009)]. In fact, in several cases,
this Court has appreciated this circumstance
Definition of Terms on the basis of a lone declaration of the
1. Child – refers to a person under the accused regarding his age [People v. Sarcia,
age of eighteen (18) years. [Sec. 4(c), G.R. No. 169641 (2009), citing People v.
R.A. 9344] Calpito, G.R. No. 123298 (2003)].
2. Children at risk, definition – Refers to
a child vulnerable to and at the risk of Proof of Age
committing criminal offenses because The age of the child shall be determined
of personal, family and social according to the rules established by Section 7
circumstances, such as, but not limited of R.A. 9344:
to (a) economic/sexual exploitation, (b) 1. Best evidence is an original or certified
truancy, (c) abandoned/neglected, or true copy of certificate of live birth.
(e) abuse. [Sec. 4(d), R.A. 9344] 2. In its absence, similar authentic
3. Child in Conflict with the Law (CICL) documents such as baptismal
– Refers to a child who is alleged as, certificates and school records
accused of, or adjudged as, having showing the date of birth may be used.
committed an offense under Philippine 3. In the absence of documents under 1
laws. [Sec. 4(e), R.A. 9344] and 2 due to loss, destruction or
unavailability, the testimony of the
Offenses Contemplated under R.A. 9344 child, a member of the family related by
1. Offenses – any act or omission affinity or consanguinity, of other
whether punishable under special laws persons, the physical appearance of
or the Revised Penal Code, as the child, or other relevant evidence
amended [Sec. 4(o), R.A. 9344]. shall suffice.
2. Status Offenses – refers to offenses
which discriminate only against a child, The person alleging the age of the child in
while an adult does not suffer any conflict with the law has the burden to prove
penalty for committing similar acts (i.e. such age. In all cases involving a child, the
curfew violations; truancy, parental court shall make a categorical finding as to the
disobedience and the like) [Sec. 4(r), age of the child [Sec. 7, R.A. 9344].
R.A. 9344].
3. Victimless Crimes – offense where
b. Intervention Program
there is no private offended party [Sec.
4(u), R.A. 9344].
Intervention
Refers to a series of activities which are
Offenses Not Applicable to Children [Sec.
designed to address issues that caused the
58, R.A. 9344]
child to commit an offense. It may take the form
Persons below eighteen (18) years of age shall
of an individualized treatment program which
be exempt from prosecution for the crime of:
may include counseling, skills training,
1. Prostitution [Art. 202, RPC]
education, and other activities that will enhance
2. Mendicancy [P.D. 1563]
3. Sniffing of rugby [P.D. 1619]
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his/her psychological, emotional and psycho- and where appropriate, the
social well-being [Sec. 4(l), R.A. 9344]. DSWD.

Community-based Programs on Juvenile In such case, authorities shall give

Justice and Welfare notice to the local social welfare and
Community-based programs on juvenile justice development officer who will determine
and welfare shall be instituted by the LGUs the appropriate programs in
through the LCPC, school, youth organizations consultation with the child and to the
and other concerned agencies. person having custody over the child.

The LGUs shall provide community–based 2. If the child referred to herein has been
services which respond to the special needs, found by the Local Social Welfare and
problems, interests and concerns of children Development Office (LSWD) to be
and which offer appropriate counselling and abandoned, neglected or abused by
guidance to them and their families. his parents, or in the event that the
parents will not comply with the
These programs shall consist of three levels: prevention program, the proper petition
1. Primary intervention – includes for involuntary commitment shall be
general measures to promote social filed by the DSWD or the LSWD
justice and equal opportunity, which pursuant to P.D. 603 (The Child and
tackle perceived root causes of Youth Welfare Code).
offending;
2. Secondary intervention – includes c. Diversion
measures to assist children at risk; and
3. Tertiary intervention – includes Diversion Program
measures to avoid unnecessary Program that the child in conflict with the law is
contact with the formal justice system required to undergo after he/she is found
and other measures to prevent re- responsible for an offense, without resorting to
offending [Sec. 19, R.A. 9344]. formal court proceedings [Sec. 4(j), R.A. 9344].
When Applied When Applied
If it has been determined that the child taken If the child is over fifteen (15) years old but
into custody is fifteen (15) years old or below below eighteen (18) years old and the child
[Sec. 20, R.A. 9344]. acted with discernment [Sec. 6, R.A. 9344].
Duty of Authorities [Sec. 20, R.A. 9344] Also, the maximum penalty for the offense the
The authority which will have an initial contact CICL is charged with, should be imprisonment
with the child has the duty to: of not more than twelve (12) years, regardless
1. Immediately release the child to the of the fine or fine alone regardless of the
custody of his/her parents or guardian, amount. In such case, before arraignment of
or in the absence thereof, the child’s the child in conflict with the law, the court shall
nearest relative. determine whether or not diversion is
appropriate [Sec. 37, R.A. 9344].
Exception: If the parents, guardians or
nearest relatives cannot be located, or System of Diversion [Sec. 23, R.A. 9344]
if they refuse to take custody, the child Children in conflict with law shall undergo
may be released to a: diversion programs without undergoing court
a. Duly registered proceedings subject to the conditions herein
nongovernmental or religious provided:
organization; 1. Where the imposable penalty for the
b. Barangay official or a member crime committed is not more than
of Barangay Council for the six (6) years imprisonment
Protection of Children (BCPC); a. The law enforcement officer or
or Punong Barangay, with the
c. Local social welfare and assistance of the local social
development officer; or when welfare and development
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officer or other members of the not the child should remain under
LCPC, shall conduct custody and correspondingly charged
mediation, family conferencing in court.
and conciliation
b. Where appropriate, indigenous d. Court Proceedings
modes of conflict resolution are
adopted in accordance with the Automatic Suspension of Sentence
best interest of the child with a Suspended Sentence is the holding in
view to accomplishing the abeyance of service of the sentence imposed
objectives of restorative justice by the court upon a finding of guilt of the CICL
and the formulation of a who will undergo rehabilitation.
diversion program.
c. The child and his/her family Court shall determine the civil liability of a guilty
shall be present in these child under eighteen (18) y/o. Instead of
activities. convicting the child, the court shall place the
CICL under suspended sentence. Suspension
2. In victimless crimes where the of sentence shall be applied even if the juvenile
imposable penalty is not more than is already 18 years of age or more at the time
six (6) years imprisonment - the local of the pronouncement of his/her guilt [Sec. 38,
social welfare and development officer R.A. 9344].
shall meet with the child and his/her
parents or guardians for the However, the suspension of sentence lasts
development of the appropriate only until the child in conflict with law reaches
diversion and rehabilitation program, in the maximum age of 21 [Sec. 40, R.A. 9344].
coordination with the BCPC;
Upon suspension of sentence and after
3. Where the imposable penalty for the considering the various circumstances of the
crime committed exceeds six (6) child, the court shall impose the appropriate
years imprisonment - diversion disposition measures as provided in the
measures may be resorted to only by Supreme Court Rule on Juveniles in Conflict
the court. with the Law [Sec. 38, R.A. 9344].
When There is No Diversion [Secs 27 and 28, CICL in suspended sentence
R.A. 9344] Children in conflict with the law, whose
There is no diversion in the following cases: sentences are suspended may, upon order of
1. If the offense does not fall under Sec. the court, undergo any or a combination of
23 (a) and (b) disposition measures best suited to the
a. Sec. 23 (a) – where the rehabilitation of the child pursuant to Supreme
imposable penalty is not more Court Rule on Juveniles in Conflict with the
than 6 years imprisonment Law.
b. Sec. 23 (b) in victimless crimes
where the imposable penalty is If the community-based rehabilitation is availed
not more than 6 years of by a child in conflict with the law, he/she shall
imprisonment be released to parents, guardians, relatives or
2. If the child, his/her parents or guardian any other responsible person in the
does not consent to a diversion community. Under the supervision and
guidance of the LSWD officer, and in
In the above cases, the following procedures coordination with his/her parents/guardian, the
shall apply: child in conflict with the law shall participate in
1. The Punong Barangay handling the community-based programs [Sec. 52, R.A.
case shall forward the records of the 9344].
case to the proper authorities within 3
days, whereupon the case shall be filed Agricultural Camps and other Training
according to the regular process. Facilities [Sec. 51, R.A. 9344]
2. The Law Enforcement officers and A child in conflict with the law may, after
judicial officers to determine whether or conviction and upon order of the court, be
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made to serve his/her sentence, in lieu of penalty, including If there be none, CICL
confinement in a regular penal institution, in an any civil liability shall be released to
agricultural camp and other training facilities chargeable (a) NGO/religious
that may be established, maintained, against him. organization (b)
supervised and controlled by the BUCOR, in However, instead Barangay
coordination with the DSWD. of pronouncing official/BCPC (c)
judgment of LSWD officer/DSWD
As regards the appellant’s possible conviction, the [Sec. 20, R.A. 9344].
confinement in an agricultural camp or other court may
training facility in accordance with Section 51 suspend all further Child above 15 years
of R.A. 9344, this Court held in People v. proceedings and but below 18 years of
Jacinto that the age of the child in conflict with shall commit such age who acted with
the law at the time of the promulgation of the minor to the discernment shall be
judgment is not material. What matters is that custody or care of subjected to the
the offender committed the offense when the DSWD or to appropriate
he/she was still of tender age [People v. any training proceedings:
Gamboa, G.R. No. 172707 (2013)]. institution 1. Intervention Programs
Hence, if the accused is already more than 21 operated by the 2. Diversion Programs
years old by the time of the pronouncement of government, or [Sec. 38, R.A. 9344].
his guilt, the Court has no choice but to render duly licensed
judgment. Nonetheless, he may avail of Sec. agencies or any
51, whereupon he may serve his sentence in other responsible
an agricultural camp or training facility [People person, until he
v. Gamboa, G.R. No. 172707 (2013)]. shall have
reached 21 years
P.D. 603 (The Child and Youth Welfare of age or, for a
Code) as amended v. R.A. 9344 (Juvenile shorter period as
Justice and Welfare Act of 2006) the court may
PD 603 RA 9344 deem proper [Sec.
Circumstances for Exemption 189 and 192, P.D.
1. Child 9 years of 603].
age or under at Suspension of Sentence
time of No automatic Suspension of
Child 15 years of age
commission of
or under shall be
suspension of sentence is
offense sentence. Youthful automatic. Instead of
exempt from criminal
2. Child more than offender should pronouncing the
liability, regardless of
9 years old but apply for a judgment of
whether or not s/he
less than 15 at the suspended conviction, the court
acted with
time of sentence and it is shall place the child
discernment
commission of discretionary on in conflict with law
offense the court to under suspended
However, child is
approve the
subject to intervention sentence, without
Except: If the application
program need of application
child acted [Reyes, Book 1].
with discernment
[Sec. 20, R.A. 9344]. [Sec. 38, R.A. 9344].
[Sec. 189, P.D.
603] Discharge [Sec. 39, R.A. 9344]
As to Proceedings The court shall dismiss the case against the
child whose sentence has been suspended
Child over 9 years Child below 15 years
and against whom disposition measures have
and under 15 and below – case
been issued, and shall order the final discharge
years of age who shall be immediately
of the child:
acted w/ dismissed and the
1. Upon recommendation of the social
discernment – child shall be returned
worker who has custody of the child;
court shall to the custody of
and
determine parent/guardian [Sec.
imposable 20, R.A. 9344].
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2. If it finds that the objective of the same disciplinary rules imposed upon
disposition measures have been convicted prisoners.
fulfilled. 2. Four-fifths of time if detention prisoner
does not agree to abide by the same
The discharge of the child in conflict with the disciplinary rules imposed upon
law shall not affect the civil liability resulting convicted prisoners, and he shall do so
from the commission of the offense, which shall in writing with the assistance of a
be enforced in accordance with law. counsel.

Return of the Child in Conflict with the Law Credit and Computation of Preventive
to Court [Sec. 40, R.A. 9344] Imprisonment
In the following cases, the child in conflict with 1. For the penalty of reclusion perpetua
the law shall be brought before the court for shall be deducted from thirty (3) years
execution of judgment: 2. For purposes of immediate release
1. If the court finds that the objective of shall be the actual period of detention
the disposition measures imposed with good conduct time allowance.
upon the CICL have not been fulfilled; a. If accused is absent without
or justifiable cause at any stage of
2. If the CICL has willfully failed to comply trial, the court may order his
with the conditions of his/her arrest.
disposition or rehabilitation program. b. Good Conduct Allowances are
granted to
Credit in Service of Sentence i. Any offender qualified
The CICL shall be credited in the services of for credit for preventive
his/her sentence with the full time spent in imprisonment pursuant
actual commitment and detention under R.A. to Art. 29 of the RPC,
9344 [Sec. 41, R.A. 9344]. as amended by RA
10592
4. Republic Act No. 10592 ii. Any prisoner in
(Amendments to Articles 29, 94, 97, 1. Penal
institution
98, and 99 of the RPC) 2. Rehabilitation
or Detention
Preventive Imprisonment Center
A temporary confinement in a correctional 3. Any other local
facility of a Person Deprived of Liberty (PDL), jail [Art. 97,
while undergoing investigation or awaiting final RPC as
judgment [Rule II, Section 1(q), Revised IRR of amended by
RA 10592 (2019)]. RA 10592]
c. The allowance is not applicable
Period of Preventive Imprisonment to:
Deducted from Term of Imprisonment [Art. i. Recidivists
29, RPC as amended by RA 10592] ii. Habitual delinquents
Offenders or accused who have undergone iii. Escapees
preventive imprisonment shall be credited in iv. Persons charged with
the service of their sentence consisting of heinous crimes [Art.
deprivation of liberty. 29, RPC as amended
by RA 10592]
The full time or four-fifths of the time during
which offenders have undergone preventive
imprisonment shall be deducted from the
penalty imposed
1. Full time if detention prisoner agrees
voluntarily in writing after being
informed of the effects and with the
assistance of counsel to abide by the

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Criminal liability is partially extinguished in 3. Wardens of provincial, district,
the following cases: [GoCoCo PaPS] municipal, and city jails [Art. 99, RPC
1. Conditional pardon as amended by R.A. 10592]
2. Commutation of sentence Good Conduct Allowances
3. Good conduct allowances [Art. 94, Time in Penal Deduction from
RPC as amended by R.A. 10592] Institution period of sentence
4. Special time allowance for loyalty [Art. 20 days for each
94, RPC as amended by R.A. 10592] First 2 years month of good
5. Parole behavior
6. Probation 23 days for each
3rd to 5th year month of good
a. Allowance for Good Conduct which behavior
Culprit May Earn While He is 25 days for each
Following years
Undergoing Preventive Imprisonment month of good
until 10th year
for Serving Sentence [Art. 97, RPC] behavior
30 days for each
11th and
Applicability month of good
successive years
General Rule: Allowance is granted to any behavior
prisoner in: 15 days for each
Any time during
1. Penal institution month of study,
period of
2. Rehabilitation or detention center teaching or mentoring
imprisonment
3. Other local jail [Art. 97, RPC as service time rendered
amended by R.A. 10592] [Art. 97, RPC as amended by R.A. 10592]

Exceptions: The allowance is not applicable b. Special Time Allowance [Art. 98]
to:
1. Recidivists Special Time Allowance
2. Habitual delinquents Deduction in the period of the sentence of a
3. Escapees prisoner during the calamity or catastrophe
4. Persons charged with heinous crimes mentioned in Art. 158 (i.e. conflagration,
[Art. 29 RPC as amended by R.A. earthquake, explosion or similar catastrophe;
10592] or mutiny in which he has not participated). [Art.
98, RPC]
Effect
Computation of preventive imprisonment for Deduction
purposes of immediate release shall be the Scenario from Period
actual period of detention with good conduct of Sentence
time allowance. Provided, if the accused is When prisoner, having
absent without justifiable cause at any stage of evaded his sentence, gives
the trial, the court may motu proprio order the himself up to authorities
rearrest of the accused [Art. 29, RPC as within 48 hours following 1/5 of period
amended by R.A. 10592]. issuance of proclamation by of sentence
Chief Executive announcing
Effect of Appeal the passing away of the
Appeal does not deprive entitlement to good calamity
conduct allowance [Art. 97, RPC as amended When prisoner chooses to 2/5 of period
by R.A. 10592]. stay in place of confinement. of sentence.
[Art. 98, RPC]
Note: Allowance for good conduct, once
granted, cannot be revoked [Art. 99, as Special time allowance for loyalty applies to
amended by R.A. 10592]. any prisoner whether undergoing preventive
imprisonment or serving sentence [Art. 98,
Who Grants Time Allowances Under Arts. RPC as amended by R.A. 10592].
97 & 98
1. Director of the Bureau of Corrections
2. Chief of BJMP
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5. Community Service Act [R.A. No. choose to appeal the conviction [A.M.
11362; A.M. No. 20-06-14-SC] No. 20-06-14-SC].

Definition Application for Community Service

Community service shall consist of any actual Applications must be filed within the period to
physical activity which perfect an appeal and shall be resolved within
1. Inculcates civic consciousness five days from filing.
2. Intended towards the improvement of a
public work or promotion of a public service The court shall immediately notify the following
[Art. 88a (3), RPC as amended by RA upon receipt of the application:
11362]. 1. Barangay chairperson or authorized
3. Shall be rendered in the place where the representative of the barangay where
crime was committed, under such terms as the crime was committed
the court shall determine. 2. Representative from the provincial or
city’s Probation Office
Offenses Contemplated 3. Local government unit’s Social Welfare
It authorizes the court, in its discretion, to Development Officer (SWDO) [A.M.
require community service in lieu of No. 20-06-14-SC].
imprisonment for offenses punishable by
arresto menor and arresto mayor [RA 11362]. Note: The Court may resort to electronic
service of the notices to the said officers [A.M.
Note: The privilege of rendering community No. 20-06-14-SC].
service in lieu of imprisonment shall be availed
of only once [RA 11362]. Scenario Effect

In Exercising Discretion of the Court Accused fails to Such will be a ground to

The following shall be taking into consideration appear at the deny the application
by the court in allowing community service: said hearing, and a warrant of arrest
1. Gravity of offense except for shall be issued against
2. Circumstances of the case justified reasons the accused [A.M. No.
3. Welfare of the society 20-06-14-SC].
4. Reasonable probability that the
accused shall not violate the law while Accused violates Court shall order his re-
rendering the service. the terms of the arrest and accused
community shall serve the full term
Rehabilitative Counseling service of the penalty, as the
The accused shall be required to undergo case may be, in jail, or
rehabilitative counseling under the social in the house of the
welfare and development officer of the city or defendant as provided
municipality concerned with the assistance of under Article 88 [Art.
the Department of Social Welfare and 88a (2), RPC as
Development (DSWD) [Art. 88a, Par. 2 RPC as amended by RA
amended by RA 11362]. 11362].

Duties of all judges concerned Accused fully Court shall order the
All judges concerned, after promulgation of complies with the release of the
judgment or order where the penalty for the terms of the defendant unless
offense is arresto menor or arresto mayor shall: community detained for some other
1. Inform the accused in open court that service offense [Art. 88a, (2)
he has an option to apply that the RPC as amended by
penalty be served by rendering RA 11362].
community service
2. Explain to the accused that the same Accused has The period shall be
will be barred to apply for community undergone deducted from the term
service or probation should he or she preventive of community service
imprisonment.
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[A.M. No. 20-06-14- Light Offenses
SC]. (e.g., arresto menor, public 2 months
censure)
Prescriptive
Fine
F. Extinction of Criminal Period
Liabilities (As Amended by R.A. Afflictive (Exceeds
15 years
P1,200,000)
No. 10592)
Correctional (1,200,000 to
10 years
P40,000)
1. Total Extinction
Light (Less than P40,000) 2 months
Criminal liability is totally extinguished in
the following cases: [CP DeSAAM] Note:
1. Prescription of Crime • Subsidiary penalty for nonpayment not
2. Prescription of Penalty considered in determining the period
3. Death of the convict • When fine is an alternative penalty
4. Service of sentence higher than the other penalty which is
5. Amnesty by imprisonment, prescription of the
6. Absolute pardon crime is based on the fine [People v.
7. Marriage of the offended woman, as Basalo, 101 Phil 57, 61 (1957)].
provided in Art. 344 of the RPC. • When the penalty is a compound one,
the highest penalty is the basis of the
application of the rules in Art. 90
a. By Prescription of Crime [People v. Cruz, 108 Phil 255 (1960)].
Prescription Commencement Period for Computation
The loss by the State of the right to prosecute
General Rule: The running of the prescriptive
and punish the crime or to demand the service
period should commence from the day
of the sentence imposed [Santos v. following the day on which the crime was
Superintendent, G.R. No. L-34334 (1930)].
committed [People v. Del Rosario, 97 Phil 67,
70 (1955)].
Ground for Motion to Quash
Under the Rules of Court, the failure of the
Exceptions:
accused to assert the extinction of the offense 1. Blameless ignorance doctrine: If
in a motion to quash shall not be deemed a
violation was not known at the time of
waiver of such ground. Prescription of crime
its commission, the prescription begins
may be raised anytime including during appeal to run only from the discovery thereof
[Recebido v. People, G.R. No. 141931
[Presidential Ad-Hoc Fact Finding
(2000)].
Committee on Behest Loans v.
Ombudsman Desierto, G.R. No.
Prescription of Crimes [Art. 90, RPC]
130140 (2011)].
Prescriptive
Penalty Provided by Law
Period Note: It is discovery of crime, NOT
Death, reclusion perpetua, discovery of offender. The fact that the
20 years
or reclusion temporal culprit is unknown will not prevent the
Other afflictive penalties 15 years period of prescription from
Correctional penalties commencing to run. [Romualdez v.
10 years Marcelo, G.R. Nos. 165510-33
(except Arresto Mayor)
(2005)]]. It is not necessary that the
Arresto Mayor 5 years
accused be arrested [People v. Joson,
Prescriptive 46 Phil. 380, 284].
Crime
Period
Libel or other similar 2. False testimony: From time principal
1 year
offenses case is finally decided [People v.
Oral Defamation and Maneja, 72 Phil 256 (1941)].
6 months
Slander by Deed
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3. Election offenses 1 month
a. If the discovery is incidental to Fine 1 year
judicial proceedings,
Prescriptive
prescription begins when such Crime
proceedings terminate. period
b. If the falsification committed by Violation of municipal
2 months
inspectors in connection with ordinances
the counting of votes and 5 years [Sec.
preparation of election returns Violation of National 281, National
was known to the protestants Internal Revenue Code Internal Revenue
and their election watchers Code of 1997]
before the filing of the election Violations of orders,
protests, the period of decisions and
prescription begins from the 60 days [Sec. 28,
regulations, of or
date of commission of the Public Service
conditions of certificate
offense [People v. Cariño, 56 Act (C.A. No.
of convenience by the
Phil 109 (1931)]. 146)]
Public Service
Commission
4. Continuing crimes: Prescriptive
period cannot begin to run because the Note: The above are not applicable where the
crime does not end [Arches v. special law provides for its own prescriptive
Bellasillo, 81 Phil 190 (1948)]. period [Sec. 1, Act No. 3326].
Circumstances when computation of period
is interrupted [RPC, Art. 91] b. By Prescription of Penalty
1. Upon filing of complaint or
information Prescription
The State or the People loses the right to
It shall commence to run again when prosecute the crime or to demand the service
such proceedings terminate without the of the penalty imposed [Santos v.
accused being convicted or acquitted, Superintendent, 55 Phil. 345].
or unjustifiably stopped for any reason
not imputable to the accused. Prescription of Penalties [Art. 92, RPC]
Prescriptive
Penalty Imposed
Note: Termination must be final as to Period
amount to a jeopardy that would bar a Death and Reclusion
20 years
subsequent prosecution. Perpetua
Other Afflictive
15 years
2. When offender is absent from Penalties
Philippine archipelago Correctional Penalties 10 years
Arresto Mayor 5 years
Prescription for Special Laws and Light Penalties 1 year
Municipal Ordinances [Sec. 1, Act No. 3326]
Prescriptive Elements for Application of Prescription of
Penalty Provided by Law Penalty
Period
Imprisonment of 6 years 1. Penalty is imposed by final judgment.
12 years 2. Convict evaded service of sentence by
and more
escaping during the term of his
Imprisonment of 2 years
sentence.
and more but less than 6 8 years
3. The convict who has escaped from
years
prison has not given himself up, or
Imprisonment for more been captured, or gone to a foreign
than 1 month, but less 4 years country with which we have no
than 2 years extradition treaty or committed another
Imprisonment of not crime.
1 year
more than

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4. The penalty has prescribed because of
the lapse of time from the date of the
c. By Death of the Convict
evasion of service of the sentence by
the convict [Pangan v. Gatbalite, G.R. General Rule: Death of the accused pending
No. 141718 (2005)]. appeal of his conviction extinguishes his
criminal liability as well as the civil liability
Note: "Escape" in legal parlance and for based solely thereon.
purposes of Art. 93 and 157 of the RPC means
unlawful departure of prisoner from the limits of Exception: Claim of civil liability survives
his custody. Clearly, one who has not been notwithstanding the death of the accused, if the
committed to prison cannot be said to have same may also be predicated on a source of
escaped therefrom [Del Castillo v. obligation other than delict, such as law,
Torrecampo, G.R. No. 139033 (2002)]. contracts, quasi-contracts and quasi-delicts
[People v. Bayotas, G.R. No. 102007 (1994)].
Commencement Date of Prescription
Period d. By Service of Sentence
Period commences to run from the date when
the culprit evaded the service of sentence [Art. e. By Amnesty
93, RPC].
An act of the sovereign power granting oblivion
When Interrupted or general pardon for a past offense [Brown v.
1. Convict gives himself up [Art. 93, RPC] Walker, 161 U.S. 602 (1896)].
2. Convict is captured [Art. 93, RPC]
3. Convict goes to a foreign country with Erases not only the conviction but the crime
which the Philippines has no itself [Art. 89, par. 3, RPC].
extradition treaty [Art. 93, RPC]
4. Convict commits any crime before the It is granted to classes of persons or
expiration of the period of prescription communities who may be guilty of political
[Art. 93, RPC] offenses, generally before or after the
5. Convict accepts grant of conditional institution of the criminal prosecution and
pardon [People v. Puntillas, G.R. No. sometimes after conviction [People v. Casido,
45269 (1938)]. G.R. No. 116512 (1997), citing Barrioquinto v.
Fernandez, G.R. No. L-1278 (1949)].

Prescription of Crime v. Prescription of f. By Absolute Pardon

Penalty
Prescription of Crime Prescription of Pardon
Penalty An act of grace proceeding from the power
As to Right Forfeited entrusted with the execution of the laws, which
Right of the State to Right to execute exempts the individual on whom it is bestowed
prosecute the penalty from the punishment the law inflicts for a crime
As to Conviction he has committed. It is a voluntary act of the
None; Prosecution has There is already sovereign, granting outright remission of guilt
not yet begun a final and and declaring of record that a particular
executory individual is to be relieved of the legal
judgment consequences of a particular crime [Llamas v.
As to Commencement Orbos, G.R. No. 99031 (1991), citing 67A
From the day following From the time C.J.S. Pardon and Parole S 3].
the day the crime was the convict
committed or the evades Absolute pardon
discovery of the crime sentence or The total extinction of the criminal liability of the
by the offended party or detention individual to whom it is granted without any
the authorities or their condition. It restores to the individual his civil
agents and political rights and remits the penalty
imposed for the particular offense of which he
was convicted [Sec. 2(q), Revised Rules and
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Regulations of the Board of Pardons and is as if he relieved from
Parole]. has the
committed consequences
Other Effects of Pardon no offense. of the offense,
1. Does not work the restoration of the but rights are
right to hold public office or the right of not restored
suffrage, unless such rights be unless
expressly restored by the terms of the explicitly
pardon [Art. 36, RPC]. provided by
the terms of
Although pardon restores his eligibility the pardon.
for appointment to that office, the As to Public act of Private act of
pardoned convict must reapply for a Burden of which the the President
new appointment [Monsanto v. Proof court shall and must be
Factoran, G.R. No. 78239 (1989)]. take judicial pleaded and
notice. proved by the
2. Culprit is not exempt from payment of person
civil indemnity imposed upon him by pardoned.
the sentence [Art. 36, RPC]. As to Valid only Valid if given
Require- when there either before
Limitations on Pardoning Power [ACNI] ment of is final or after final
1. Power can be exercised only After Final judgment judgment
Conviction. Judgment
As to Recidivism Recidivism
Thus in applying for pardon, the convict Effect on cannot be applies.
must Not appeal the judgment of Recidivism applied to Pardon does
conviction or the appeal must be crimes not erase
abandoned. committed effects of
subsequent conviction
2. Power does not extend to cases of to another [U.S. v.
Impeachment [Cristobal v. Labrador, crime for Sotelo, G.R.
G.R. No. 47941 (1940)]. which the No. 9791
offender (1914)].
Note: The pardoning power of the President was granted
cannot be limited by legislative action. Arts. 36- amnesty.
41 only operates as a procedural proscription. Amnesty
[Risos-Vidal v. COMELEC and Estrada, G.R. erases
No. 206666 (2015)]. conviction
and its
Amnesty v. Absolute Pardon effects [Art.
Amnesty Absolute 89 (3),
Pardon RPC].
As to Blanket Includes any As to Both do not extinguish civil
Scope pardon to crime and is Effect on liability.
classes of exercised Civil
persons individually Liability
guilty of
political g. By the Marriage of the Offended
offenses
Woman and the Offended in the Crimes
As to Time May still be Person is
of Exercise exercised already
of Rape, Abduction, Seduction, and
before trial convicted Acts of Lasciviousness [Art. 344, RPC]
or
investigation General Rule: A pardon of the offended party
As to Looks Looks does not extinguish criminal action [Art. 23,
Nature backward. It forward. He is RPC].

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Exception: As to those mentioned under Art. Effect of Non-Compliance
344 Non-compliance with any of the conditions
specified shall result in the revocation of the
Effect of Marriage [Art. 344, RPC] pardon and the penalty of prision correccional
1. Marriage of the offender with the in its minimum period shall be imposed upon
offended party in seduction, abduction, the convict. However, if the penalty remitted by
acts of lasciviousness and rape, the granting of such pardon be higher than 6
extinguishes criminal action or remits years, he shall then suffer the unexpired
the penalty already imposed. portion of his original sentence [Art. 159, RPC].
2. It also extinguishes the criminal actions
against the co-principals, accomplices, Conditions Explicitly Stipulated
and accessories. Pardon itself must be explicitly imposed. A
“whereas” in the preamble of the pardon stating
Note: The second point does not apply to rape that “Joseph Ejercito Estrada has publicly
since it has ceased to be a crime against committed to no longer seek any elective
chastity, but is now a crime against persons, it position or office” does not make the pardon
now appears that marriage extinguishes that conditional [Risos-Vidal v. COMELEC and
penal action and penalty only as to the principal Estrada, supra].
(i.e., husband) and not as to the accomplices
and accessories [Art. 266 and Art. 344, RPC]. b. By Commutation of Sentence [Art. 96,
RPC]
Pardon of Offended Party in Offenses Other
than those in Art. 344 The commutation of the original sentence for
Only civil liability is extinguished. A crime another of a different length and nature shall
committed is an offense against the State. Only have the legal effect of substituting the latter in
the Chief Executive can pardon the offenders the place of the former [Art. 96, RPC].
[Art. 23, RPC].
c. Allowance for Good Conduct which
2. Partial Extinction Culprit Earn while He is Serving
Sentence [Art. 97, RPC]
Criminal liability is partially extinguished in
the following cases: [GoCoCo PaPS]
Applicability
1. Conditional pardon
General Rule: Allowance is granted to any
2. Commutation of sentence
prisoner in:
3. Good conduct allowances
1. Penal institution
4. Special time allowance for loyalty
2. Rehabilitation or detention center
5. Parole
3. Other local jail [Art. 97, RPC as
6. Probation
amended by R.A. 10592]

a. By Conditional Pardon [Art. 95, RPC] Exceptions: The allowance is not applicable
to:
Conditions 1. Recidivists
Conditional Pardon refers to the exemption of 2. Habitual delinquents
an individual, within certain limits or conditions, 3. Escapees
from the punishment which the law inflicts for 4. Persons charged with heinous crimes
the offense he had committed resulting in the [Art. 29 RPC as amended by R.A.
partial extinction of his criminal liability [Section 10592]
2(q), Revised Rules and Regulations of the
Board of Pardons and Parole (2002)]. Effect
Computation of preventive imprisonment for
Any person who has been granted conditional purposes of immediate release shall be the
pardon shall incur the obligation of complying actual period of detention with good conduct
strictly with the conditions imposed therein [Art. time allowance. Provided, if the accused is
95, RPC]. absent without justifiable cause at any stage of
the trial, the court may motu proprio order the

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rearrest of the accused [Art. 29, RPC as Deduction
amended by R.A. 10592]. Scenario from Period
of Sentence
Effect of Appeal When prisoner, having
Appeal does not deprive entitlement to good evaded his sentence, gives
conduct allowance [Art. 97, RPC as amended himself up to authorities
by R.A. 10592]. within 48 hours following 1/5 of period
issuance of proclamation by of sentence
Note: Allowance for good conduct, once Chief Executive announcing
granted, cannot be revoked. the passing away of the
Time allowances such as GCTA, TASTM, and calamity
STAL, once validly granted by the authorized When prisoner chooses to
official to a qualified PDL, shall not be revoked 2/5 of period
stay in place of
[Rule 9, Section 3, Revised Implementing of sentence.
confinement.
Rules and Regulations of RA 10592 (2019)]. [Art. 98, RPC]

Who Grants Time Allowances under Arts. Special time allowance for loyalty applies to
97 & 98 any prisoner whether undergoing preventive
1. Director of the Bureau of Corrections imprisonment or serving sentence [Art. 98
2. Chief of BJMP RPC, as amended by R.A. 10592].
3. Wardens of provincial, district,
municipal and city jails [Art. 99, RPC as e. By Parole
amended by R.A. 10592]
Parole
Good Conduct Allowances The conditional release of an offender from a
Time in Penal Deduction from correctional institution after he has served the
Institution period of sentence minimum of his prison sentence [Sec. 2(l),
20 days for each Revised Rules and Regulations of the Board of
First 2 years month of good Pardons and Parole].
behavior
23 days for each
3rd to 5th year month of good
g. By Probation
behavior
Probation
25 days for each
Following years A disposition under which a defendant after
month of good
until 10th year conviction and sentence is released subject to
behavior
conditions imposed by the court and to the
30 days for each
11th and supervision of a probation officer [Sec. 3(a),
month of good
successive years P.D. 968 (Probation Law)].
behavior
15 days for each
Any time during 3. Compromise and Affidavit of
month of study,
period of Desistance
teaching or mentoring
imprisonment
service time rendered
[Art. 97, RPC as amended by R.A. 10592] Criminal liability cannot be the subject of a
compromise, for a criminal case is committed
d. Special Time Allowance [Art. 98] against the People, and the offended party may
not waive or extinguish the criminal liability.
Special Time Allowance Compromise is not one of the grounds
Deduction in the period of the sentence of a prescribed by RPC for the extinction of criminal
prisoner during the calamity or catastrophe liability [Trinidad v. Ombudsman, G.R. No.
mentioned in Art. 158 (i.e. conflagration, 166038 (2007); Art. 2034, New Civil Code; Art.
earthquake, explosion or similar catastrophe; 23, RPC].
or mutiny in which he has not participated). [Art.
98, RPC] Courts disfavor affidavits of desistance or
retraction [People v. Orje, G.R. No. 189579
(2011) citing People v. Soriano, G.R. No.
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178325 (2008), 546 SCRA 514, 521; citing Effect of Acquittal in Criminal Action
People v. Alicante, 388 Phil. 233, 258 (2000)] General Rule: The court may acquit an
as they can be easily secured from poor or accused on reasonable doubt and still order
ignorant witnesses, usually for monetary payment of civil damages already proved in the
considerations or threats of violence. There same case without need for a separate civil
must be other circumstances which, when action. The reason for this is that the accused
coupled with retraction or desistance, creates has already been accorded due process
doubt as to the truth of the plaintiff’s testimony [Maximo v. Gerochi, Jr., G.R. Nos. L-47994-97
[People v. Orje, G.R. No. 189579 (2011)]. (1986)].

Civil liability arising from an offense, however, Exceptions:

may be the subject of compromise. Such 1. Acquittal in the criminal action for
compromise shall not extinguish the imposition negligence does not preclude the
of the legal penalty [Art. 2034, New Civil Code]. offended party from filing a separate
civil action to recover damages, based
G. Civil Liabilities Arising from on the new theory that the act is a
quasi-delict [Art. 2177, NCC].
Criminal Cases 2. Facts from which the civil action might
arise do not exist (e.g., the defendant
1. General Rule [Art. 100] was acquitted because he was not the
perpetrator of the felony).
Basis of Civil Liability
From the standpoint of its effects, a crime has Determination of Civil Liability [WRIP]
a dual character: General Rule: Civil liability arising from the
1. As an offense against the State commission of the felony is deemed instituted
because of the disturbance of the with the criminal action [Rule 111, Sec. 1(a),
social order and ROC].
2. As an offense against the private
person injured by the crime unless it With the implied institution of the civil action in
involves the crime of treason, rebellion, the criminal action, the two actions are merged
espionage, contempt and others into one composite proceeding, with the
(wherein no civil liability arises on the criminal action predominating the civil [Quinto
part of the offender either because v. Andres, G.R. No. 155791 (2005)].
there are no damages to be
compensated or there is no private Exceptions: [WRIP] When the offended party:
person injured by the crime) [Nuguid v. 1. Waives his right to file a civil action
Nicdao, G.R. No. 150785 (2006)]. 2. Reserves his right to Institute it
separately, or
An act or omission xxx gives rise to civil liability 3. Institutes the civil action Prior to the
because it caused damage to another. criminal action.
Additionally, what gives rise to civil liability is
the obligation and the moral duty of everyone Reservation of Right to File
to repair or make whole the damage caused to A reservation of the right to file a separate civil
another, by reason of his own act or omission, action only gives the party aggrieved the right
whether done intentionally or negligently [Chua to choose under which body of laws he must
v. Court of Appeals, G.R. No. 150793 (2004)]. bring the civil action, either under the:
1. RPC – where the recovery may be
Every person who, contrary to law, willfully or defeated by proof that the acts on
negligently causes damage to another, shall which the action is based do not exist,
indemnify the latter for the same [Art. 20, CC]. or
2. New Civil Code – where the same
Exemption from criminal liability does not proof is required to preclude recovery,
include exemption from civil liability [Rule 111, or proof of diligence in the selection
Sec. 2 (4), Revised Rules of Criminal and employment of the employee.
Procedure].

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Institution of Separate Civil Action 1. Restitution;
Commencement of criminal action is not a 2. Reparation of the damage caused;
condition precedent to the filing of civil action and
arising from a crime. However, civil action 3. Indemnification for consequential
arising from crime cannot be instituted in damages.
the following cases:
When Civil Effect a. Restitution
Action is [Rule 111, Sec.
Instituted 2, Rules of Court] Restitution of the thing itself must be made
Civil action is whenever possible, with allowance for any
suspended until final deterioration or diminution of value as
judgment is rendered in determined by the court [Art. 105, RPC].
Before criminal the criminal action.
action has The civil and criminal Note: Restitution should apply when offense is
commenced actions may be proven, even if accused is acquitted [People v.
consolidated so that Alejano, G.R. No. L-33667 (1930)].
they are tried and
decided jointly. General Rule: The thing itself shall be
Cannot be instituted restored, even though it be found in the
After criminal
until after final judgment possession of a third person who has acquired
action has
has been rendered in it by lawful means.
commenced
the criminal action.
Exception: In cases where the thing has been
Said rule applies only when the plaintiff in the acquired by the third person in the manner and
civil action is the offended party in the criminal under the requirements which, by law, bar an
action and both cases arise from the same action for its recovery [Art. 105, RPC].
offense.
Hence, restitution may not be allowed in the
Independent Civil Actions following cases:
An independent civil action may be filed in the 1. If the possessor of a movable or of
following cases: which the owner has been unlawfully
1. Violations of fundamental rights [Art. acquired, acquired it in good faith at a
32, NCC] public sale, the owner cannot acquire
2. Defamation, fraud and physical injuries its return without reimbursing the price
[Art. 33, NCC] thereof [Art. 559, CC].
3. Failure or refusal of a member of the 2. When purchaser is an innocent
police force to render aid or protection purchaser for value of a property
to any person in case of danger to life covered by a Torrens title [Sec. 39, Act
or property [Art. 34, NCC] No. 496].
4. When there is fault or negligence, there 3. When a sale is authorized by the
being no pre-existing contract between original owner of the property [U.S. v.
the parties (quasi-delict) [Art. 2176, Evangelista, G.R. No. 4109 (1908)].
NCC]. 4. When liability to return a thing arises
from a contract, not from a criminal act.
Note: Responsibility for quasi-delicts is In such case, the court cannot order its
separate from civil liability arising from return in the criminal case [People v.
negligence under the RPC, but the plaintiff Pantig, G.R. No. L-8325 (1955)].
cannot recover damages twice from the same
act or omission [Art. 2177, CC]. If Thing is Damaged
If the value of the thing taken is decreased, the
2. What Civil Liability Includes court may order the offender to pay the amount
representing deterioration [People v.
What is Included in Civil Liability [Art. 104, Mostasesa, G.R. No. L-5684 (1954)].
RPC]
The civil liability established in Arts. 100, 101,
102, and 103 of this Code includes:
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b. Reparation Exceptions:
1. When the deceased is self-employed
The court shall determine the amount of and earning less than minimum wage;
damage, taking into consideration the price of or
the thing, whenever possible, and its special 2. When the deceased was employed as
sentimental value to the injured party, and a daily wage worker earning less than
reparation shall be made accordingly [Art. 106, minimum wage [People v. Mallari, G.R.
RPC]. No. 145993 (2003)].

This applies when restitution is not possible Computation:

[People v. Dalena, G.R. Nos. 11387-R and Loss of Earning Capacity = [2/3 x (80 – age
11388-R (1954)]. of the deceased)] x [50% x annual gross
income]
Computation [Art. 106, RPC]
REPARATION = actual value of lost item If there is proof of actual amount of living
which cannot be recovered + sentimental expenses, instead of using 50% of annual
value to original owner gross income:
Net Gross Income = gross annual income –
c. Indemnification living expenses
[Abrogar v. Cosmos Bottling Corporation, G.R.
Indemnification for consequential damages No. 164749 (2017)]
shall include not only those caused the injured
party, but also those suffered by his family or Temperate Damages
by a third person by reason of the crime [Art. Given when pecuniary losses were suffered
107, RPC]. but amount cannot be proven with certainty.
Also, when income of victim is not sufficiently
Indemnity v. Restitution proven [Pleno v. Court of Appeals, G.R. No. L-
Restitution is applicable to crimes against 56505 (1988)].
property; whereas indemnity is applicable to
crimes against persons.

Art. 104 (civil liabilities) v. Art. 38 (providing Moral Damages

for the order of payment of pecuniary This includes physical suffering, mental
liabilities) anguish, fright, serious anxiety, besmirched
Civil Pecuniary reputation, wounded feelings, moral shock,
Liabilities Liabilities social humiliation, and similar injury [Art. 2217,
[Art. 104] [Art. 38] CC].
Similarities Reparation, indemnification
It may be recovered in the following and
As to Restitution Not
analogous cases: [Art. 2219, CC]
Restitution applicable
1. Crime resulting to physical injuries
As to Fine Not Fine, costs
2. Seduction, abduction, rape, or other
and Costs applicable of
lascivious acts
proceedings
3. Adultery/concubinage
4. Illegal/arbitrary detention/arrest
When Injuries are Sustained 5. Illegal search
Actual damage from injuries = whatever he 6. Libel, slander, or any other form of
spent to treat wounds + doctor’s fees + defamation
medicine + salary/wages unearned because 7. Malicious prosecution
of inability to work + damages due to loss of
limb/etc. For rape, moral damages may additionally be
awarded without need for pleading or proof of
Lost earnings the basis thereof [People v. Arizapa, G.R. No.
General Rule: There must be documentary 131814 (2000)].
proof to support the indemnity for loss of
earning capacity.

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Exemplary Damages same – upon the heirs of the person
Corrective damages are deterrent to serious liable.
wrongdoings, and vindication of undue 2. Action to demand restoration,
sufferings. This is imposed when there are: reparation, and indemnification –
1. One or more aggravating descends to the heirs of the person
circumstances; or injured.
2. When crime is extremely reprehensible
or outrageous [People v. Combate, Rules on Liability
G.R. No. 189301 (2010)]. 1. If there are two or more persons
civilly liable for a felony - the courts
However, plaintiff must first show he is entitled shall determine the amount for which
to moral, temperate, or compensatory each must respond [Art. 109, RPC].
damages before exemplary damages are
awarded [Art. 2234, CC]. 2. Liability of principals, accomplices,
and accessories - each within their
Damages to be Awarded respective class, shall be liable
The following damages is to be awarded for severally (in solidum) among
crimes involving the death of victim where the themselves for their quotas, and
penalty imposed consists of indivisible subsidiaries for those of the other
penalties (e.g., Murder, Parricide, Infanticide, persons liable.
etc) or for simple/qualified rape [People v.
Jugueta, G.R. No. 202124 (2016)]. Order of enforcement of liability: first
against the property of the principals;
Where the penalty imposed is death but next, against that of the accomplices,
reduced to reclusion perpetua because and, lastly, against that of the
of RA 9346 accessories.
Civil indemnity
Moral damages P100,000 Right of person who paid: Right of
Exemplary damages action against the others for the
amount of their respective shares [Art.
Where the penalty imposed is reclusion
110, RPC].
perpetua, other than the above-
mentioned
3. Liability of person who benefited
Civil indemnity
from the proceeds of the felony –
Moral damages P75,000 any person who has participated
Exemplary damages gratuitously in the proceeds of a felony
shall be bound to make restitution in an
Attorney’s fees amount equivalent to the extent of such
When defendant’s act or omission has participation [Art. 111, RPC].
compelled the plaintiff to litigate with third
persons or incur expenses to protect his In Case of Death of Offender
interest [Art. 2208, CC]. When Death Effect
Occurred
Interest After final Civil liability is possible
6% per annum [Sps. Abella v. Abella, G.R. No. judgment [Rule 86, ROC].
195166 (2015)]. Before final Civil liability is dismissed
judgment [Art. 89(1), RPC].
3. Persons Civilly Liable

Upon Whom Obligation Devolves [Art. 108, 4. Extinction of Civil Liability

RPC]
1. Obligation to make restoration, Offender shall continue to be obliged to satisfy
reparation for damages, or the civil liability resulting from the crime
indemnification for consequential committed by him, notwithstanding the fact that
damages and actions to demand the he has served his sentence consisting of
deprivation of liberty or other rights, or has not
been required to serve the same by reason of
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amnesty, pardon, commutation of sentence or b. State of Necessity
any other reason [Art. 113, RPC].
There is no civil liability in justifying
Modes of Extinguishing Civil Liability circumstances except in par. 4 of Art. 11 (state
Civil liability established in Arts. 100, 101, 102, of necessity), wherein the person who was
and 103 of the RPC shall be extinguished in the benefited by the act which causes damage to
same manner as obligations, in accordance another is the one civilly liable [Tan v. Standard
with the provisions of the Civil Law [Art. 112, Vacuum Oil, G.R. No. L-4160 (1952)].
RPC].
c. Irresistible Force and Uncontrollable
Obligations are extinguished:
Fear
1. By payment or performance;
2. By the loss of the thing due;
The persons using violence or causing the fear
3. By the condonation or remission of the
are primarily liable. If there be no such persons,
debt;
those doing the act shall be liable secondarily
4. By the confusion or merger of the rights
[Art. 101, par. 7, RPC].
of creditor and debtor;
5. By compensation;
6. By novation [Art. 1231, CC]. d. Innkeepers and Similar Persons

General Rule: Innkeepers, tavernkeepers, and

5. Special Cases any other persons or corporations shall be
civilly liable for crimes committed in their
a. Insanity, imbecility, and those over 9 establishments in the following cases:
and below 15 1. In default of the persons criminally
liable.
Civil Liability of Parents of Minors 2. For the restitution of goods taken by
General Rule: A minor over 15 years of age robbery or theft within their houses
who acts with discernment is not exempt from from guests lodging therein.
criminal liability, that is why the RPC is silent as
to the subsidiary liability of his parents [Sec. 6, Exception: No liability shall attach in case of
Juvenile Justice and Welfare Act of 2006]. robbery with violence against or intimidation of
persons unless committed by the innkeeper's
Under the Art. 2180 of the Civil Code, the father employees [Art. 102, RPC].
and, in case of his death or incapacity, the
mother, are responsible for the damages Elements under Paragraph 1
caused by the minor children who live in their 1. Innkeeper, tavernkeeper, or proprietor
company. of establishment or his employee must
have committed a violation of municipal
Exception: Parents/guardians can avoid civil ordinance or some general or special
liability by proving that there was no fault or police regulation.
negligence on their part [Paleyan v. Bangkili, 2. Crime was committed in such inn,
G.R. No. L-22253 (1971)]. tavern or establishment.
3. The person criminally liable is
Civil Liability of Guardians insolvent.
The persons having the insane or minor under
their legal authority or control are primarily Elements under Paragraph 2
liable to pay the civil liability. If it is proven that 1. Guests notified the innkeeper or the
there was no fault or negligence on their part, person representing him of the deposit
those exempted from the crime shall respond of their goods within the inn or house,
with their own property not exempt from in advance.
execution [Art. 2180(3), CC]. 2. The guest followed the directions of the
innkeeper or his representative with
respect to the care of the vigilance over
such goods.
3. Such goods of the guests lodging
therein were taken by robbery with
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force upon things or theft committed
within the inn or house.

6. Subsidiary Liability of Other

Persons

Subsidiary liability shall also apply to

employers, teachers, persons, and
corporations engaged in any kind of industry
for felonies committed by their servants, pupils,
workmen, apprentices, or employees in the
discharge of their duties [Art. 103, RPC].

Elements:
1. Employer, Teacher, Person or
Corporation is engaged in any kind of
industry.
2. Any of their Servants, Pupils,
Workmen, Apprentices or employees
commits a felony while in the discharge
of his duties.
3. The said employee is Insolvent and
has Not Satisfied his civil liability.
4. Employee was Convicted in a criminal
action.

How Enforced
There must be a motion for subsidiary writ of
execution against the employer and upon proof
that the employee is insolvent [Basilio v. Court
of Appeals, 385 Phil. 21 (2000)].

Note:
1. Private persons without business or
industry are not subsidiarily liable but
may be primarily liable under culpa
aquiliana [Steinmetz v. Valdez, G.R.
No. 47655 (1941)].
2. Employer has the right to take part in
the defense of his employee. [Miranda
v. Malate Garage & Taxicab, G.R. No.
L-8943 (1956)].

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a. by a Filipino citizen – can be
A. CRIMES AGAINST committed outside of the
NATIONAL SECURITY AND Philippines.
b. by an alien – must be
THE LAW OF NATIONS committed in the Philippines.
[ARTS. 114-123] 4. Nature: Continuing offense – It may be
committed by one single act, by a
These crimes may be prosecuted although the series of acts, or by several series
criminal act or acts were committed outside of thereof, not only in a single time, but in
Philippine territorial jurisdiction. different times, it being a continuous
crime [People v. Victoria, G.R. No. L-
This is one of the instances where the RPC 369 (1947)].
may be given extraterritorial application under
Article 2 (5) thereof. However, prosecution can Elements
proceed only if offender is:
Mode 1: Levying Mode 2:
a. Within Philippine territory, or
War [AWLAT] Adherence to the
b. Brought to the Philippines pursuant to
Enemy and Giving
an extradition treaty.
of Aid and
Comfort [AWAG]
General Rule: Almost all of these are crimes
committed only in times of war.
1. Offender is a Filipino or Resident alien
owing Allegiance to the Government of the
Exceptions: Offenses that can be committed
Philippines
in times of peace:
a. Espionage [Art. 117, Revised Penal 2. There is a War in which the Philippines is
Code] – This is also covered by involved
Commonwealth Act No. 616 which
punishes conspiracy to commit 3. The offender 3. Offender Adheres
espionage. Levies war against to the enemies and
b. Inciting to War or Giving Motives for the government Gives them aid or
Reprisals [Art. 118, Revised Penal 4. There must be an comfort
Code] – This can be committed even if actual Assembly of
the Philippines is not a participant. men; and
c. Violation of Neutrality [Art. 119, 5. It is for the purpose
Revised Penal Code] – The Philippines of executing a
is not a party to an on-going war. Treasonable design
by force [See U.S. v.
1. Chapter I: Crimes against Lagnason, G.R. No.
1582, March 28,
National Security 1904]

a. Article 114 - Treason

Allegiance
The obligation for fidelity and obedience which
General Concepts the individual owes to the government under
which he lives, or to his sovereign in return for
1. Treason – breach of allegiance to a the protection he receives [Laurel v. Misa, G.R.
government, committed by a person No. L-409 (1947)].
who owes allegiance to it [U.S. v. Abad,
G.R. No. 976 (1902)] Nature: Allegiance can be [Laurel v. Misa,
2. Two (2) Modes of Commission [LA]: G.R. No. L-409 (1947)]:
a. Levying War a. Permanent – obligation of fidelity and
b. Adherence to the Enemy and obedience which a citizen or subject
Giving of Aid and Comfort owes to his government or sovereign.
3. Place of Commission

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b. Temporary – obligation of fidelity and Two Ways of Proving Treason [Art.
obedience which a resident alien owes 114, par. 2, Revised Penal Code]
to his government. 1. Testimony of at least two witnesses to
the same overt act; or
Adherence a. Two witness rule: The
An intent to betray; when a citizen intellectually testimony of two witnesses is
or emotionally favors the enemy and harbors required to prove the overt act
sympathies or convictions [Cramer v. US, 65 of giving aid or comfort, but it is
Sup. Ct. 918 (1945)]. not necessary to prove
adherence. Each of the
Adherence may be proved [ONC]: witnesses must testify to the
1. By One witness; whole overt act; or if it is
2. From the Nature of the act itself; or separable, there must be two
3. From the Circumstances surrounding the act witnesses to each part of the
[People v. Adriano, G.R. No. L-477 (1947)]. overt act [People v. Escleto,
G.R. No. L-1006 (1949)].
Aid or Comfort 2. Confession of accused in open court.
An act which strengthens or tends to
strengthen the enemy and an act which Aggravating Circumstances
weakens or tends to weaken the power of the
traitor’s country to resist or to attack the enemy Aggravating Circumstances
[Cramer v. US, supra].

The overt act of aid and comfort to the enemy Allowable [ICAG] Not Allowable/
must be intentional. [Id.] Inherent
Circumstances
[EAT]
Acts not constituting treason
a. “Commandeering" of women to satisfy 1. Ignominy 1. Evident
the lust of Japanese officers or men or to [People v. premeditation
enliven the entertainments held in their Adlawan, 83 [People v.
honor. Sexual and social relations with Phil. 195, G.R. Racaza, G.R.
the Japanese did not directly and No. L-456 No. L-365, Jan.
materially tend to improve their war (1949)] 21, 1949]
efforts or to weaken the power of the US 2. Cruelty [Id.] 2. Abuse of
[People v. Perez, supra]. 3. Amount or Superior
b. Acceptance of public office and degree of aid strength
discharge of official duties under the [People v. [People v.
enemy [People v. Sison, P.C. 42 O.G. Caña, 87 Phil. Racaza, G.R.
748]. 577, G.R. No. No. L-365, Jan.
L-1678, Nov. 21, 1949;
Treatment of common crimes connected 10, 1950] People v.
with the charge of Treason 4. Gravity of Adlawan, 83
separate Phil. 195, G.R.
General Rule: When the killings and other distinct acts of No. L-456
common crimes are charged as overt acts of treason [Id.] (1949)]
treason, they cannot be regarded: (a) as 3. Treachery
separate crimes, or (b) as complexed with [People v.
treason. Roble, G.R.
No. L-433
Exception: The rule would not preclude the (1949)]
punishment of murder or other common
crimes, if the prosecution should elect to
prosecute the culprit specifically for these
crimes, instead of relying on them as an
element of treason [People v. Prieto, G.R. No.
L-399 (1948)].
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Defenses Against Treason c. Article 116 – Misprision of Treason
Defenses Against Treason
Elements [CCC]:
1. Offender is a Citizen of the Philippines
Acceptable (DL) Unacceptable (SL) 2. He has knowledge of Conspiracy to
commit treason against the
government
1. Duress or 1. Suspended
3. He Conceals or does not disclose and
uncontrollable fear allegiance and change
make known the same as soon as
[El Pueblo de in sovereignty [Laurel
possible to the governor or fiscal of the
Filipinas v. v. Misa, G.R. No. L-
province in which he resides, or the
Bagalawis, G.R. 409 (1947)]
mayor or fiscal of the city in which he
No. L-262 (1947)]
resides
2. Loss of citizenship
2. Lawful by the mere joining of Punishment
obedience to a de army of the enemy • Punishment imposed is as an
facto Government [People v. Manayao, accessory to treason.
[Go Kim Cham v. G.R. No. L-322 (1947)] • However, the offender is still a principal
Valdez, G.R. No. to the crime of misprision of treason.
L-5 (1945)] Hence, Art. 20 of the RPC, exempting
certain accessories related to the
persons involved in a crime, does not
b. Article 115 – Conspiracy and apply in this case. [REYES]
Proposal to Commit Treason
Misprision of Treason v. Treason
Elements Misprision of Treason
Conspiracy to Proposal to commit Treason [Art. 114]
commit Treason Treason [WOnLAP] [Art. 116]
[WaTLAD]
As to the Offender
1. There is a War in which the Philippines is
involved Offender is a Filipino Offender may be a
Citizen Filipino or Resident
2. At least two 2. At least one person alien owing
persons agree to: decides to Allegiance to the
a. Levy war a. Levy war against the Government of the
against the government; or Philippines
government; or b. Adhere to the
b. Adhere to the enemies, giving them Acts Punished
enemies, giving aid or comfort
them aid or What is punished is What is punished is
comfort the concealment or the act of:
failure to disclose of
(1) levying war; or
3. They decide to 3. That person a conspiracy to (2) adherence to the
commit it proposes its execution commit treason enemy and the
to other persons giving of aid and
Since the provision comfort
speaks only of
The two-witness rule does not apply (in “knowledge of any
conspiracy and proposal) because this is a conspiracy against”
separate and distinct offense from that of and not knowledge
treason [US v. Bautista, G.R. No. L-2189 of treason actually
(1906)]. committed by
another, it
presupposes that

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the crime of treason Reservation; information of a
is not yet [WaFoNaMER] confidential nature
consummated [Art. 2. He has no relative to the
116, Revised Penal Authority; defense of the
Code] 3. His Purpose is to Philippines, by
obtain information, reason of the public
As to the Penalty plans, photographs office he holds;
or other data of a 3. That he Discloses
Penalty is equivalent Principal offender is confidential nature their contents to a
to that of an punished by reclusion 4. What is sought to representative of a
accessory to treason. perpetua to death and be obtained is foreign nation.
a fine not to exceed relative to the
However, the P4,000,000 pesos.
Defense of the
offender is still a
Philippines.
principal to the crime Likewise, an alien,
of misprision of residing in the
As to the Offender
treason. Hence, Art. Philippines, who
20 of the RPC which commits acts of
Offender can be any Offender should be a
provides for treason as defined in
accessories who are paragraph 1 of this person who has no public officer
exempt from criminal Article shall be authority to obtain
liability does not punished by reclusion information, plans,
apply in this case. temporal to death and etc.
[Art. 20, Revised shall pay a fine not to
Penal Code] exceed P4,000,000 As regards the information
pesos. [RA 10951]
Information need not Articles, data or
be obtained. The information of
d. Article 117 – Espionage intention to obtain confidential nature
information is are disclosed.
Punishable Acts [Two (2) Modes] [ED] sufficient.
1. By Entering, without authority therefor,
a warship, fort, or naval or military Espionage vs. Treason
establishment or reservation to obtain
any information, plans, photographs, or Espionage Treason
other data of a confidential nature [Art. 117] [Art. 114]
relative to the defense of the
Philippines As to the Offender
2. Disclosing by public officer of
confidential information to a foreign Offender can be a citizen or an alien
representative
When committed
Distinctions between Mode 1 and
Mode 2 May be committed Committed only in
both in times of times of war
Mode 1: Entering Mode 2: Disclosing war and in times of
without Authority by a Public Officer peace
[EAPD] [PPD]
How committed
As regards the Elements
May be committed Limited to two (2) ways
1. Offender Enters a 1. That the offender in many ways of:
Warship, Fort, or is a Public officer;
Naval or Military 2. That he has in his a. Levying of war; and
Establishment or Possession the b. Adhering to the
articles, data or enemy and giving him

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Qualifying Circumstance for (c):
aid or comfort
If the offender intended to aid the enemy by
giving such notice or information, the penalty
will be reclusion temporal to death.
SECTION 2. Provoking War and
Disloyalty in Case of War Note: In this case, the offender may either be
prosecuted under this Article or for Treason.
e. Article 118 – Inciting to War or For practical purposes, prosecution under this
Article is more expeditious because it will not
Giving Motives for Reprisals require application of the two-witness rule.

Elements [UPE]: Correspondence

1. Offender performs Unlawful or This is communication by means of letters
unauthorized acts
which pass between those who have friendly or
2. The acts:
business relations [See Merriam-Webster
a. Provoke or give occasion for a
Dictionary]
war involving or liable to
• Even if the correspondence contains
involve the Philippines; or
innocent matters, if the
b. Exposure of Filipino citizens to
correspondence has been prohibited
reprisals on their persons or
by the Government, it is punishable.
property
[Art. 120, Revised Penal Code]
• Prohibition by the Government is not
f. Article 119 - Violation of Neutrality essential in instances (b) and (c). [Id.]

Elements [WRV]: h. Article 121 – Flight to Enemy’s

1. There is War in which the Philippines is Country
not involved
2. There is a Regulation issued by a
competent authority to enforce Elements [WAAP]:
neutrality 1. There is a War in which the Philippines
3. Offender Violates the regulation is involved
2. Offender owes Allegiance to the
government
g. Article 120 – Correspondence with 3. Offender Attempts to flee or go to an
Hostile Country enemy country.
4. Going to the enemy country is
Elements [WC-PCU]: Prohibited by competent authority
1. There is War in which the Philippines is
not involved Notes:
2. Offender makes Correspondence with • Aliens may be Guilty - The allegiance
an enemy country or territory occupied contemplated in this article is either
by enemy troops natural or temporary allegiance, unlike
3. The correspondence is either – in other provisions such as Art. 114 and
a. Prohibited by the government, 116 which have a qualification of “not
or being a foreigner” [Art. 121, Revised
b. Carried on in Ciphers or Penal Code]
conventional signs; or • Mere attempt consummates the felony
c. Containing notice or when prohibited by competent
information which might be authority consummates the felony [Id.]
Useful to the enemy

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i. Article 122 – Piracy in General and Piracy vs. Mutiny
Mutiny on the High Seas or in Piracy Mutiny
Philippine Waters
As to the Attacker
Elements of Piracy
Persons who attack Persons who attack
Mode 1: Attacking Mode 2: Seizing the the vessel or seize the vessel or seize its
or seizing the cargo [VNSI] its cargo are cargo are members of
vessel [VCASI] strangers to said the crew or
vessels passengers
1. The Vessel is on the high seas or
Philippine waters As to necessity of intent to gain
2. Offender may be 2. Offenders are Intent to gain is Intent to gain is not
a Complement or Neither members of essential essential. The
passenger of the its complement nor offenders may only
vessel passengers of the intend to ignore the
vessel ship’s officers or they
may be prompted by a
3. The Offender 3. Offenders are desire to commit
Attacks or Seizes Neither members of plunder.
the vessel its complement nor
passengers of the
vessel Piracy as defined in Art. 122 of the
Revised Penal Code (as amended by
4. There is Intent to gain
R.A. 7659) vs. Piracy as provided in
P.D. 532 (“Anti-Piracy and Anti-
High Seas Highway Robbery Law of 1974”)
The parts of the seas that are not included in
Art. 122 of the P.D. 532
the exclusive economic zone, in the territorial
Revised Penal
seas, or in the internal waters of a state, or in
Code, as
the archipelagic waters of an archipelagic
amended by R.A.
state. [Convention on the Law of the Sea]
7659

Jurisdiction Article 122 of the On the other hand,

The jurisdiction of piracy unlike all other crimes Revised Penal under Presidential
has no territorial limits. Pirates are in law Code, before its Decree No. 532
hostes humani generis. Piracy is a crime not amendment, (issued in 1974), the
against any particular State but against all provided that piracy coverage of the law on
mankind. It may be punished in the competent must be committed piracy embraces any
tribunal of any country where the offender may on the high seas by person including “a
be found or into which he may be carried any person not a passenger or member
[People v. Lol-lo and Saraw, supra]. member of its of the complement of
complement nor a said vessel in
Mutiny passenger thereof. Philippine waters.”
Mutiny is the unlawful resistance to a superior Upon its Hence, passenger or
officer, or the raising of commotions and amendment by not, a member of the
disturbances on board a ship against the Republic Act No. complement or not,
authority of its commander [Bouvier’s Law 7659, the coverage any person is covered
Dictionary, Vol. 2, p. 2283]. of the pertinent by the law.
provision was
widened to include
offenses committed
“in Philippine
waters.”
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[People v. Tulin, G.R. No. 111709, (2001)]

Note: Republic Act No. 7659 neither

superseded nor amended the provisions on
piracy under Presidential Decree No. 532.
There is no contradiction between the two
laws. There is likewise no ambiguity and
hence, there is no need to construe or interpret
the law. All the presidential decree did was to
widen the coverage of the law, in keeping with
the intent to protect the citizenry as well as
neighboring states from crimes against the law
of nations [People v. Tulin, G.R. No. 111709,
(2001)].

j. Article 123 – Qualified Piracy

Qualifying Circumstances [B-FA-

MHPR]:
1. Whenever the vessel is seized by
Boarding or Firing upon the same;
2. Whenever the pirates have Abandoned
their victims without means of saving
themselves; or
3. Whenever the crime is accompanied
by Murder, Homicide, Physical injuries
or Rape

This is a special complex crime, regardless of

the number of victims. [People v. Siyoh, G.R.
No. L-57292 (1986)]

“Pirates”
It seems as if “pirates” in paragraph 2 should
actually be in paragraph 1 because in
paragraph 1, the mutineers, being already in
the vessel, cannot seize the vessel by boarding
or firing upon the same. [Art. 123, Revised
Penal Code]

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B. CRIMES AGAINST THE G.R. No. 116488, (2001), citing People vs.
Gungon, G.R. No. 119574 (1998)].
FUNDAMENTAL LAW OF
It can refer to both physical and psychological
THE STATE [ARTS. 124 - restraint [People v. Fabro, G.R. No. 208441
133] (1998)].

1. Chapter I: Arbitrary Detention Penalty Based on Length of Wrongful

or Expulsion, Violation of Detention
Dwelling, Prohibition, Has not Arresto Mayor in its
exceeded 3 maximum period to
Interruption, and Dissolution of days prision correccional
Peaceful Meetings and Crimes in its minimum period
Against Religious Worship
More than 3 Prision Correccional in its
days but not medium period and
SECTION 1 – Arbitrary Detention or more than 15 maximum periods.
Expulsion days

a. Article 124 - Arbitrary Detention More than 15 Prision Mayor

days but not
Arbitrary Detention [Art. 124, Revised Penal more than 6
Code] months
Any public officer or employee who without
legal grounds detains a person. Exceeded 6 Reclusion temporal
months
Elements [PWD]:
1. Offender is a Public officer or employee Notes:
2. He Detains a person 1. Minimum period for arbitrary detention
3. Detention is Without a legal ground; – Art 124 does not fix the minimum
detention is without legal ground if not period of detention [US v. Braganza,
made under the following G.R. No. L-3971].
circumstances [CIA]: 2. Arbitrary detention may be committed
a. Upon the Commission of a through imprudence. The offense falls
crime; under Art. 365 par. 2 in connection with
b. Violent Insanity; or Art. 124, par. 1 [People v. Misa, C.A.,
c. Any other Ailment requiring 36 O.G. 3496].
compulsory confinement of the
patient in a hospital [Art. 124, b. Article 125 - Delay in the Delivery of
Par. 2, RPC] Detained Persons to the Proper
Judicial Authorities
Public officer or employee
The public officers must be vested with Elements [PDF-12-18-36]:
authority to detain or order the detention of 1. Offender is a Public officer or employee
persons accused of a crime (i.e. policemen and 2. He Detains a person for some legal
other agents of the law, the judges or mayors ground (includes valid warrantless
and barangay captains) [Milo v. Salanga, G.R. arrests)
No. L-37007, (1987)]. 3. He Fails to deliver such person to the
proper judicial authorities within –
Detention a. 12 hours for light penalties
Refers to the actual confinement of a person in b. 18 hours for correctional
an enclosure, or in any manner detaining and penalties
depriving him of his liberty [People v. Flores, c. 36 hours for afflictive or capital
penalties
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Delivery [Sayo v. Chief of Police, G.R.
It may also mean constructive delivery (e.g., No. L-2128 (1948)]
by the filing of the correct information with the
proper court) or the turning over the person Waiver: Before the complaint or information is
arrested to the jurisdiction of the court. The filed, the person arrested may ask for a
purpose is to determine whether the offense is preliminary investigation in accordance with
bailable or not [Sayo v. Chief of Police, G.R. Rule 112 of the Revised Rules of Criminal
No. L-2128 (1948)]. Procedure, but he must sign a waiver of the
provisions of Article 125 of the RPC in the
When a Judge is not Available presence of his counsel. [Rule 112, Sec. 7
par.2]
Where a judge is not available, the arresting
officer is duty bound to release the person
detained, if the maximum hours for detention Arbitrary Detention vs. Delay in
provided under Art. 125 of the RPC have Delivery
already expired [Albior v. Auguis, A.M. P-01-
Arbitrary Delay in Delivery of
1472 (2003)].
Detention Detained Persons
[Art. 124] [Art. 125]
Period to Deliver
General Rule: Delivery should be made within No warrant of arrest No warrant of arrest,
12, 24, or 36 hours, depending on the BUT arrest was made
imposable penalty with legal ground/s.

Exception: For those charged with or is From the beginning, The detention is legal
suspected of terrorism or conspiracy to commit the detention is in the beginning, BUT
terrorism, the applicable period is 14 days, illegal the illegality of the
which may be extended by a further 10 detention starts from
calendar days if it is established that (1) further the expiration of any
detention of the person/s is necessary to of the periods
preserve evidence related to terrorism or specified in Art. 125.
complete the investigation; (2) further detention
of the person/s is necessary to prevent the
commission of another terrorism; and (3) the c. Article 126 - Delaying Release
investigation is being conducted properly and
without delay [Sec. 29, R.A. 11479]. Elements [P-DSPP]:
1. Offender is a Public officer or employee
Computation of periods 2. Offender without good reason Delays
An election day or special holiday, should not the:
be included in the computation of the period a. Service of the notice of the
prescribed by law for the filing of judicial or executive order for
complaint/information in courts in cases of the release of the prisoner or
warrantless arrests, it being a ‘no-office day’ detention prisoner;
[Soria v. Desierto, G.R. No. 153524 (2005), b. Performance of such judicial or
citing Medina v. Orozco, G.R. No. L-26723 executive order for the release
(1966)] of the prisoner or detention
prisoner; or
Circumstances considered in c. Proceedings upon a petition for
the release of such person
determining the liability of the
offender [MH-OTI]
1. Means of communication; d. Article 127 – Expulsion
2. Hour of arrest; and
3. Other circumstances such as: Elements [P-EC-N]:
a. Time of surrender; 1. Offender is a Public officer or employee
b. Material possibility for the fiscal 2. He either:
to make the Investigation file in a. Expels any person from the
time the necessary information Philippines; or
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b. Compels a person to change not merely the absence
residence of consent [People v.
3. Offender is Not authorized to do so by Luis Sane, C.A. 40
law O.G., Supp. 5, 113;
See U.S. v. Arceo, G.R.
Note: Only a court, by final judgment, can No. 1491, March 5,
compel a person to legally change his 1904]
residence. The city mayor of Manila committed Mode 2 - • Search – the
the crime of expulsion when he ordered certain Search examination of a
prostitutes to be transferred to Davao without person’s body or
WITHOUT observing due process since they previous property or other area
have not been charged with any crime. consent of that a person would
[Villavicencio v. Lukban, G.R. No. L-14639, owner reasonably expect to
(1919)]. consider as private,
conducted by a law
e. Article 128 – Violation of Domicile enforcement officer for
the purpose of finding
evidence of a crime
Elements [PN-ESR] :
[See U.S. v. Delos
1. Offender is a Public officer or employee
Reyes, G.R. No. 6800,
2. He is Not authorized by judicial order
November 16, 1911].
3. He performed the following acts:
a. Entered the dwelling against • Silence of the Owner
the will of the owner; during the Warrantless
b. Searched for papers or other Search - may show
effects therein without the implied waiver [Rojas
previous consent of such v. Sps. Matillano, G.R.
owner; or No. 141176, May 27,
c. Refused to leave the premises, 2004].
after having surreptitiously Mode 3 - • The entry by itself does
entered such dwelling and Refusal to not consummate the
having been required to leave leave the crime; there must be a
the same. premises directive to leave once
after (a) discovered, and non-
surreptitious compliance with such
Qualifying circumstances [N-Nr] [Art. entry and (b) directive. In other
128, (2), Revised Penal Code]: after being words, what constitutes
1. Nighttime; or required to the crime is the refusal
2. Papers or effects not constituting leave the of the offender to leave
evidence of a crime are Not returned same the premises when
immediately after the search required to do so – not
the entrance into the
Mode 1, Mode 2, and Mode 3 dwelling.
Mode 1 - • Dwelling – a building or
Entrance to structure, exclusively Notes:
dwelling used for rest and • Inhabitant is Sufficient – although the
against the comfort; a combination code speaks of the owner of the
will of the house and store is not premises, an inhabitant would be
Owner considered a “dwelling” sufficient if he is the lawful occupant of
[People v. Magnaye, 89 the dwelling [See U.S. v. Delos Reyes,
Phil. 233, 239] G.R. No. 6800, November 16, 1911].
• Against the Will of the • Not Authorized by Judicial Order -
Owner - presupposes when he is not armed with a search
opposition or warrant duly issued by the court [U.S.
prohibition by the v. Delos Reyes, G.R. No. 6800,
owner, whether November 16, 1911].
express or implied, and
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Rule 113, Rules of Court: A public officer who Elements
breaks into the premises incurs no liability
when a person to be arrested enters said Mode 1: Procuring Mode 2: Exceeding
premises and closes it thereafter, provided that Search Warrant Authority or Using
the officer first gives a notice of arrest. Without Unnecessary
Just Cause [PSC] Severity in the
According to People v. Doria [G.R. No. 125299 Execution [PSE]
(1999)] and People v. Elamparo [G.R. No.
1. Offender is a Public officer or employee
121572 (2000)], the following are the accepted
exceptions to the warrant requirement:
a. Search incidental to an arrest; 2. He procures a 2. He has already
b. Search of moving vehicles; Search warrant legally procured a
c. Evidence in plain view; Search warrant
d. Stop and frisk;
e. Customs searches; and 3. There is no just 3. He Exceeds his
f. Consented warrantless search. Cause authority or uses
Note: The true test unnecessary severity
[M]ere suspicion or a hunch will not validate a of lack of just cause in executing the same
"stop and frisk." A genuine reason must exist, is whether the • "Exceeding
in light of the police officer's experience and affidavit filed in authority" could
surrounding conditions, to warrant the belief support of the include seizing
that the person detained has weapons application for property not
concealed about him. A "stop-and-frisk" serves search warrant has covered by the
a two-fold interest: been drawn in such search warrant
a manner that [Uy Kheytin, et
a. The general interest of effective crime perjury could be al. v. Villareal,
prevention and detection, which charged thereon et al., 42 Phil.
underlies the recognition that a police and the affiant be 886], or
officer may, under appropriate held liable for executing the
circumstances and in an appropriate damages caused. warrant during
manner, approach a person for The oath required the nighttime
purposes of investigating possible must refer to the without express
criminal behavior even without truth of the facts permission from
probable cause; and within the personal the court [Rule
b. The more pressing interest of safety knowledge of the 126, Sec. 9,
and self-preservation which permit the applicant or his Rules of Court;
police officer to take steps to assure witnesses [Alvarez Cacho-Olivares
himself that the person with whom he v. CFI, et al., 64 v. Ermita, G.R.
deals is not armed with a deadly Phil. 33]. No. 171409,
weapon that could unexpectedly and May 3, 2006].
fatally be used against the police officer These do not
[Malacat v. CA, G.R. No. 123595 always involve
(1997)]. "unnecessary
severity."
f. Article 129 - Search Warrants • "Unnecessary
Maliciously Obtained and Abuse in the severity" refers
Service of those Legally Obtained to use of
unnecessary
force in
Two (2) Modes of Commission: executing the
1. Procuring a search warrant without just warrant. The
cause; or officers may be
2. Exceeding his authority or by using acting within
unnecessary severity in executing a their authority in
search warrant legally procured seizing the
property as
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authorized by Crimes under Section Two -
the court, but Violation of Domicile,
they did so in
such a way as
Distinguished
to, e.g., cause
undue damage Violation Search Searching
to property. of Warrants Domicile
Domicile Maliciously Without
[Art. 128] Obtained or Witnesses
g. Article 130 - Searching Domicile Abuse in its [Art. 130]
Without Witnesses Service
[Art. 129]
Elements [PASO]:
1. Offender is a Public officer or employee NO A warrant is A warrant is
2. He is Armed with search warrant warrant is present, BUT present, BUT
legally procured present (1) warrant there was a
3. He Searches the domicile, papers or was defect in its
other belongings of any person maliciously implementation
4. The Owner, or any members of his obtained; or
family, or two witnesses residing in the (2) there was
same locality are not present abuse in its
execution
Witnesses – must be of sufficient age and
discretion residing within the same locality
[Rule 126, Sec. 8, Rules of Court]
SECTION 3 – Prohibition, Interruption
and Dissolution of Peaceful Meetings
Note: Section 8 mandates that the search of a
house, room, or any other premise be made in h. Article 131 - Prohibition,
the presence of the lawful occupant thereof or Interruption and Dissolution of
any member of his family or in the absence of Peaceful Meetings
the latter, in the presence of two (2) witnesses
of sufficient age and discretion residing in the
same locality [Cacho-Olivares v. Ermita, G.R. Elements [OP - PHA]:
No. 171409, May 3, 2006]. From this, it can be 1. Offender is a public officer or employee
seen that, only in the absence of the lawful 2. He Performs any of the following acts:
occupant thereof or any member of his family, a. Prohibiting, interrupting, or
can two witnesses be resorted to for dissolving, without legal
compliance with the requirements for the ground, the holding of a
proper execution of a search. In other words, peaceful meeting
this “two witness” rule is not an alternative b. Hindering any person from:
option when (a) the lawful occupant or (b) any i. Joining any lawful
member of his family, is present. association; or
ii. Attending any of its
Rationale: Search in the presence of meetings
witnesses specified by the law is mandatory to c. Prohibiting or hindering any
ensure regularity in the execution of the search person from Addressing, either
warrant [People v. Gesmundo, G.R. No. 89373 alone or together with others,
(1993)]. any petition to the authorities
for the
i. Correction of abuses;
or
ii. Redress of grievances

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Disturbance of a Municipal Council as there is a “religious ceremony”, it need not
Meeting be celebrated in a place of worship. The phrase
Interrupting and dissolving the meeting of a “during the celebration” is separated by the
municipal council by a public officer is a crime word “or” from the phrase “place devoted to
against a legislative body, which is in violation religious worship” which indicates that the
of Sec. 1 of Act. No. 1755 [People v. Alipit, G.R. “religious ceremony” need not be celebrated in
No. 18853 (1922)] a place of worship. [Art. 133, Revised Penal
Code]
SECTION 4 - Crimes Against Religious
Worship Acts Notoriously Offensive to
Feelings
[RWP]:
i. Article 132 - Interruption of Religious 1. Ridicules or makes light of anything
Worship constituting religious dogma
2. Works or scoffs at anything devoted to
Elements [PRD]: religious ceremonies
1. Offender is a Public officer or employee 3. Plays with or damages or destroys any
2. Religious ceremonies or object of veneration of the faithful
manifestations of any religion are about [People v. Baes, G.R. No. L-46000
to take place or are going on (1939)]
3. Offender prevents or disturbs the same
Whether or not an act is offensive to the
Qualifying circumstance: religious feelings is a question of fact which
If the crime is committed with violence or must be adjudged only according to the
threats. feelings of the Catholics and not those of other
faithful ones. [Id.]
Actual Religious Ceremony Must be
Interruption of Religious Worship vs.
Conducted
There must actually be a religious ceremony Offending the Religious Feelings
being conducted on that occasion, either by Interruption of Offending the
itself or in conjunction with some other activity Religious Worship Religious Feelings
of the religious denomination. If the offense [Art. 132] [Art. 133]
was committed only in a meeting or rally of a
sect, it would be punishable under Art. 131 As to the offender
[People v. Reyes, G.R. No. 13633 (1955)].
Public officer or Any person, whether
j. Article 133 - Offending the Religious employee a public officer or
private individual [See
Feelings
People v. Baes, G.R.
No. L-46000 (1939)]
Elements [PD - NO]:
1. Acts complained of were performed
a. In a Place devoted to religious
worship, or
b. During the celebration of any
religious ceremony
2. The acts must be Notoriously Offensive
to the feelings of the faithful

“Place devoted to religious worship”

is separated by the word “or” from
“During the Celebration”
If the acts were performed in the place of
worship, it is not necessary that there is a
religious ceremony going on. Similarly, so long
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C. CRIMES AGAINST Ocampo v. Abando, G.R. No. 176830, 11 Feb.
2014].
PUBLIC ORDER [ARTS. 134
- 160] The following does not constitute
Rebellion:
• Mere Silence or Omission [US v.
1. Chapter I: Rebellion, Coup Ravidas, G.R. No. 1503 (1903)]
d’etat, Sedition, and Disloyalty • Membership in a rebel organization
does not automatically qualify as
a. Article 134 - Rebellion or rebellion. In deciding if the crime
Insurrection committed is rebellion, not murder, it
becomes imperative for our courts to
ascertain whether or not the act was
Elements: [PA-PRD] done in furtherance of a political end.
1. There is a Public uprising The political motive of the act should be
2. There must be taking of Arms against conclusively demonstrated. In such
the government cases, the burden of demonstrating
3. The Purpose of the uprising or political motive falls on the defense,
movement is to: motive, being a state of mind which the
a. Remove from the allegiance to accused, better than any individual,
the government or its laws the knows [People v. Lovedioro, G.R. No.
Philippine territory or any part 112235 (1995)].
thereof, or any body of land,
naval, or other armed forces; or
b. Deprive the Chief Executive or Rebellion vs. Treason
Congress, wholly or partially, of Rebellion (Art. 134) Treason (Art. 114)
any of their powers or
prerogatives.
The levying of war The levying of war
The crime of rebellion is consummated at against the was meant to aid the
the very moment a group of rebels rise publicly government during enemy; or if it would
and take arms against the government for the peace time for any also constitute
purpose of overthrowing the same by force.The purpose mentioned adherence to the
gravamen of the crime of rebellion is an armed in Art. 134 enemy, giving him
public uprising against the government [Art. aid and comfort
134, Revised Penal Code; See Aquino,
Revised Penal Code II]. Always involves Mere adherence to
taking up arms the enemy by giving
Principle of Absorption against the aid and comfort is
All crimes, whether punishable under special or government. sufficient
general law, which are mere components or
The purpose is The purpose of
ingredients, or committed in furtherance
merely to substitute levying war is to help
thereof, become absorbed in the crime of
the government with the enemy.
rebellion and cannot be isolated and charged
the rebels’ own form
as separate crimes themselves [People v.
of government
Hernandez G.R. No. 6025 (1964) & Enrile v.
Amin, G.R. No. 93335 (1990)].
Rebellion vs. Insurrection
Note: Of course, this principle is a matter of
defense to be interposed by the alleged Rebellion Insurrection
offender. If the prosecutor alleges that [Art. 134] [Art. 138]
separate crimes were NOT committed in
furtherance of rebellion, the courts will not Object is to Object is to effect
disturb such exercise of discretion. The alleged completely some change of
offender has the burden of proving that the overthrow and minor importance or
separate crimes are political crimes [See supplant the existing to prevent the
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As to who commits the swift attack:
government exercise of
governmental • It may be committed Singly or
authority with respect Collectively
to particular matters • It Requires as a principal offender a
or subjects member of the AFP, PNP, or a Public
officer with or without civilian support

Rebellion vs. Sedition c. Art 135 - Penalty for Rebellion,

Rebellion Sedition Insurrection or Coup d’état
[Art. 134] [Art. 139]
Persons liable for rebellion,
There must be taking It is sufficient that the insurrection or coup d’état
up of arms against public uprising be 1. The leaders: [PL]
the government. tumultuous. a. Rebellion or Insurrection -
any person who Promotes,
● Tumultuous – if maintains or heads a rebellion
caused by more than or insurrection; or
three (3) persons b. Coup d’etat - any person who
who are armed or Leads, directs or commands
provided with means others to undertake a coup
of violence. [See Art. d’état
153, Revised Penal 2. The participants: [PGSD]
Code] a. Rebellion or Insurrection -
any person who Participates or
The purpose is The purpose may be executes the commands of
always political. political or social. others;
b. Coup d’etat:
● Sedition, in its i. Any person in the
general sense, is Government service
raising of who participates or
commotions or executes directions or
disturbances in the commands of others;
State [People v. or
Cabrera, 43 Phil. 64] ii. Any person not in the
government service
b. Article 134-A - Coup d’État who participates,
Supports, finances,
abets or aids in
Elements: [MSAS] undertaking a coup
1. Offender is a person or persons d’état.
belonging to the Military or police or c. Rebellion, Insurrection or
holding any public office or Coup d’etat – If under the
employment; command of unknown leaders,
2. It is committed by a Swift attack the following shall be Deemed
accompanied by violence, intimidation, as leaders of the rebels: Those
threat, strategy or stealth; who [DSS]:
3. The attack is directed Against the duly i. Directed the others,
constituted authorities of the Republic ii. Spoke for others; or
of the Philippines, or any military camp iii. Signed receipts and
or installation, communication other documents
networks, public utilities or other issued in their name,
facilities needed for the exercise and on behalf of the rebels.
continued possession of power;
4. The purpose of the attack is to Seize or
diminish state power.

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d. Article 136 - Conspiracy and not be in conspiracy with the rebels, otherwise,
Proposal to Commit Coup d’état, he is himself guilty of rebellion because in
Rebellion or Insurrection conspiracy, the act of one is the act of all
[People v. Bello, 428 SCRA 388, G.R. No.
124871, May 13, 2004].
Punishable Acts:
1. Conspiracy to commit coup d’état,
rebellion or insurrection
f. Article 138 - Inciting to Rebellion or
2. Proposal to commit coup d’état, Insurrection
rebellion or insurrection
Elements: [AIM]
Elements 1. Offender does not take Arms or is not
in open hostility against the
Mode 1: Conspiracy Mode 2: Proposal government;
to Commit Coup to Commit Coup 2. He Incites others to the execution of
d’etat, Rebellion or d’etat, any of the acts of rebellion;
Insurrection [TD] Rebellion or 3. The inciting is done by Means of
Insurrection [SP] speeches, proclamations, writings,
emblems, banners or other
1. Two or more 1. A person has representations tending to the same
persons come to an decided to Swiftly end.
agreement to swiftly attack or to rise
attack or to rise publicly and take Note: There is no crime of inciting to treason.
publicly and take arms arms against the Art. 138 specifically punishes the act of inciting
against the Government for any others to execute any of the acts specified in
Government for any of of the purposes of Art. 134, which are Rebellion or Insurrection.
the purposes of rebellion or
rebellion or insurrection;
insurrection; Inciting to Rebellion vs. Proposal to
Commit Rebellion
2. They Decide to 2. Such person Proposal to Commit Inciting to
commit it. Proposes its Rebellion Rebellion
execution to some
other person or As to the Commission of Rebellion itself
persons.
The offender induces another to commit
rebellion. Rebellion should not be actually
e. Article 137 - Disloyalty of Public committed by the persons to whom it is
Officers or Employees proposed or who are incited. Otherwise, they
become principals by inducement in the
Elements: [P-CFDA] crime of rebellion.
1. Offender is a Public officer or
employee; As to Decision to Commit the Rebellion
2. Offender Commits any of the following
acts: The person who There is no need
a. Failing to resist a rebellion by proposes has decided that the offender
all the means in their power; to commit rebellion. has decided to
b. Continuing to Discharge the commit rebellion.
duties of their offices under the
control of the rebels As to How Committed
c. Accepting appointment to
The person who The act of inciting
office under Them.
proposes the is done publicly.
execution of the crime
The crime presupposes rebellion committed by
uses secret means.
other persons; there is no disloyalty if there is
no rebellion going on [U.S. v. Ravidas, et al,
G.R. No. 1503, Mar. 14, 1905]. Offender must
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g. Article 139 – Sedition property of any public officer or
employee;
Elements: [PFP - PEIRD] d. To commit, for any political or
social end, any act of hate or
1. Offenders rise Publicly and
Revenge against private
tumultuously;
persons or any social classes;
or
Tumultuous – if caused by more than
e. To Despoil for any political or
three (3) persons who are armed or
social end, any person,
provided with means of violence. [See
municipality or province, or the
Art. 153, Revised Penal Code]
national government of all its
2. Offenders employ Force, intimidation,
property or any part thereof.
or other means outside of legal
methods;
Note: Sedition, in its general sense, is raising
3. Purpose is to attain any of the following
of commotions or disturbances in the State
objects:
[People v. Cabrera, 43 Phil. 64].
a. To prevent the Promulgation or
execution of any law or the
holding of any popular election; Use of Unlicensed Firearm Absorbed
b. To prevent the national Under R.A. 8294 (Act Amending PD No. 1866
government or any provincial or the Firearms Law), sedition absorbs the use
or municipal government or of unlicensed firearm as an element thereof;
any public officer from hence, it is not an aggravating circumstance,
Exercising its or his functions, and the offender can no longer be prosecuted
or prevent the execution of an for illegal possession of firearm. [R.A. 8294,
administrative order; Sec. 1]
c. To Inflict any act of hate or
revenge upon the person or

Sedition vs. Rebellion vs. Coup d’ Etat vs. Treason

Sedition Rebellion Coup d’etat Treason
[Art. 139] [Art. 134)] [Art. 134-A] [Art. 114]

As to the Nature of the Crime

Crime against Public Order Crime against national

security and law of the
nations

As to the Purpose

May be political or Always political; to To seize or diminish To aid the Enemy

social. overthrow the state power
existing
government

As to the Acts Committed

It is sufficient that There must be There is a swift attack It is the violation by a

the public uprising taking accompanied by violence, subject of his
is tumultuous. up of arms against intimidation, threat, allegiance
the government. strategy or stealth; to his sovereign.

As to the Offender

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There is no distinction as to who may commit Offender belongs to the There is no distinction
military or police or as to who may commit
holding any public office
or employment

As to Requirement of Public Uprising

Requires a public Requires a public No Requirement, may be No Requirement

and tumultuous uprising uprising, or carried out singly or
multitude of people simultaneously

h. Art. 140 - Penalty for sedition Elements: [DIM]

1. Offender does not take Direct part in
Article 140. Penalty for sedition. The leader the crime of sedition;
of a sedition shall suffer the penalty of prision 2. He Incites others to the
mayor in its minimum period and a fine not accomplishment of any of the acts
exceeding P2,000,000 pesos. which constitute sedition;
3. The inciting is done by Means of
Other persons participating therein shall suffer speeches, proclamations, writings,
the penalty of prision correccional in its emblems, cartoons, banners, or other
maximum period and a fine not exceeding representations tending towards the
P1,000,000 pesos. (Reinstated by E.O. No. same end.
187; As amended by R.A. No. 10951, August
29, 2017) Mode 2. Uttering seditious words or
speeches which tend to disturb the
i. Article 141 - Conspiracy to Commit public peace;
Sedition
Mode 3. Writing, publishing, or
Elements: [TD] circulating scurrilous libels against
1. Two or more persons come to an the government or any of the duly
agreement and a decision to rise
constituted authorities thereof, which
publicly and tumultuously to attain any
of the objects of sedition; tend to disturb the public peace.
2. They Decide to commit it.
Elements for Modes 2 and 3: [DU - DISL]
Note: Art. 141 only punishes conspiracy to 1. Offender does not take any Direct part
commit sedition. As Art. 8 of the Revised Penal in the crime of sedition.
Code provides that conspiracy and proposal to 2. He Uttered words or speeches and
commit a felony are punishable only when the writing, publishing or circulating
law provides a penalty therefor, there is then no scurrilous libels that:
felony of proposal to commit sedition. [Art. 8, a. Tend to Disturb or obstruct any
141, Revised Penal Code] lawful officer in conducting the
functions of his office;
j. Article 142 - Inciting to Sedition b. Tend to Instigate others to
cabal and meet together for
unlawful purposes;
Mode 1. Inciting others to the c. Suggest or incite rebellious
accomplishment of any of the acts conspiracies or riots; or
which constitute sedition by means of d. Lead or tend to stir up the
speeches, proclamations, writings, people against the lawful
emblems, etc. authorities or to disturb the
peace of the community, the
safety and order of the
government

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Words that tend to create a danger of Elements: [MP]
public uprising 1. There is a projected or actual Meeting
If the words used tend to create a danger of of Congress or any of its committees or
public uprising, then those words could subcommittees, constitutional
properly be the subject of a penal clause committees or divisions thereof, or of
[People vs. Perez, G.R. No. L-6025-26]. any provincial board or city or
municipal council or board;
Note: As a General Rule, the curtailment of free 2. Offender, who may be any person,
speech can only be valid if it passes the "Clear Prevents such meetings by:
and Present Danger" test (there is an imminent a. Force; or
danger of an evil, which has a high probability b. Fraud
of serious injury to the State; See Primicias v.
Fugoso, 80 Phil. 71); but owing to the language b. Article 144 - Disturbance of
of Art. 142 (i.e., the use of the word Proceedings
"tend/tends"), Sedition used the lower
"Dangerous Tendency" test.
Elements: (CA-DB)
1. There is a meeting of Congress or any
Mode 4: Knowingly concealing such of its committees or subcommittees,
evil practices constitutional commissions or
Ordinarily, “Knowingly concealing such evil committees or divisions thereof, or of
practices” is an act done by an accessory after any provincial board or city or
the fact, but under this provision, the act is municipal council or board;
treated and punished as that of the principal. 2. Offender does any of the following
[REYES, Book 2] Acts:
a. He Disturbs any of such
Crimes where Proposal, Conspiracy, meetings;
or Inciting is Punishable b. He Behaves while in the
presence of any such bodies in
Crimes Crimes Crimes such a manner as to interrupt
where where where its proceedings or to impair the
Proposal to Conspiracy Inciting is respect due it.
Commit is is Punishable
Punishable Punishable [RIS]
[ReCIT] [TRICS] Preventing a Meeting (Art. 143) vs.
Disturbance of Proceeding (Art. 144)
1. Rebellion 1. Treason 1. Rebellion Acts tending to Disturbance of
2. Coup d’ 2. Rebellion 2.Insurrection prevent the meeting Proceedings
etat 3.Insurrection 3. Sedition [Art. 143] [Art. 144]
3.Insurrection 4. Coup
4. Treason d’etat As to Purpose
5. Sedition
Prevent the meeting Disturb the conduct
from happening of a meeting
2. Chapter II: Crimes against
Popular Representation As to the Offender

Can be conducted by any person (no

SECTION 1. Crimes against distinction made)
Legislative Bodies and Similar Bodies

a. Article 143 - Acts Tending to

Prevent the Meeting of the Assembly
and Similar Bodies

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SECTION 2. Violation of Parliamentary under the Code by the penalty of
Immunity prision mayor or higher.

c. Article 145 - Violation of Parliamentary Immunity

Members of Congress cannot be arrested for
Parliamentary Immunity offenses punishable by a penalty less than
prision mayor (6 years and 1 day to 12 years),
Two (2) Modes of Commission: while Congress is in session. They can be
1. Using force against a member of Congress prosecuted after Congress adjourns. [Art. VI,
2. Arrest or Search made while Congress is in Sec. 11, 1987 Constitution]
session
Rationale: Under Sec. 11, Art. VI of the 1987
Mode 1: Using force, intimidation, Constitution, parliamentary immunity is only
threats, or frauds to prevent any applicable in cases wherein the offense is
member of Congress from attending the “punishable by not more than six years
meetings of Congress or of any of its imprisonment.” This is contrary to Art. 145
which provides that there is only no violation of
committees or subcommittees,
parliamentary immunity when the crime is
constitutional commissions or punishable by a penalty higher than prision
committees or divisions thereof, or mayor. In other words, under the Revised
from expressing his opinion or casting Penal Code provision, parliamentary immunity
his vote; would cover crimes with a penalty of up to 12
years. This is contrary to the Constitution,
Elements: [UP - AEC] because the Revised Penal Code cannot
1. Offender Uses force, intimidation, expand the immunity granted under Sec. 11,
threats or fraud; Art. VI. Therefore, Art. 145 should be deemed
2. The Purpose of the offender is to amended by the 1987 Constitution.
prevent any member of Congress from:
a. Attending the meetings of the Art. 145, Mode 1, Using force to
Congress or of any of its prevent vs. Art. 143, Acts tending to
committees or constitutional
prevent
commissions;
b. Expressing his opinion; or Violation of Acts Tending to
c. Casting his vote. Parliamentary Prevent the
Immunity [Art. 145 Meeting of
Note: The offender in mode 1 may be any (Mode 1)] Assembly and
Person. Similar Bodies
[Art. 143]
Mode 2: Arresting or searching any
member thereof while Congress is in As to Act Punished
regular or special session, except in Using force, The prevention or
case such member has committed a intimidation, threats the projected or
crime punishable under the Code by a or frauds to prevent actual meeting of
penalty higher than prision mayor. any member of congress, or any of
Congress from its committees or
Elements: [PACC] attending the actual committee,
1. Offender is a Public officer of meetings of etc.
employee; Congress or of any of
2. He Arrests or searches any member of its committees or
Congress; subcommittees, etc.
3. Congress, at the time of arrest or
search, is in regular or special session;
4. The member arrested or searched has
not committed a Crime punishable

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3. Chapter III: Illegal Assemblies If any person present at the meeting
and Associations carries an unlicensed firearm, it will be
presumed that:
a. The purpose of the meeting is to
a. Article 146 - Illegal Assemblies commit acts punishable under the
RPC; and
Two (2) Modes of Commission: b. He is considered a leader or organizer
1. Meeting attended by armed persons for of the meeting.
the purpose of committing any of the
crimes punishable under the Code b. Article 147 - Illegal Associations
2. Meeting in which the audience is
incited to the commission of the crime
The following are illegal associations [CM]:
of treason, rebellion or insurrection,
Associations totally or partially organized for:
sedition, or direct assault
1. The purpose of committing any of the
Crimes punishable under the Code;
Mode 1 vs. Mode 2 2. Some purpose contrary to public
Mode 1: For the Mode 2: Audience Morals.
purpose of is incited to the
committing any of commission of the Persons liable:
the crimes crime of treason, 1. Founders, directors and president of
punishable under insurrection, the association;
the Code. [MAP] sedition, or direct 2. Mere members of the association.
assault [MAI]
Public Morals – matters which affect the
1. There is a Meeting, a gathering or group interest of society and public convenience, not
of persons, whether in a fixed place or limited to good customs [Black’s Law
moving; Dictionary]

2. Meeting is attended 2. Meeting is Illegal Assembly vs. Illegal

by Armed persons attended by Any
persons, whether
Association
armed or not; Illegal Assembly Illegal
[Art. 146] Association
3. Purpose of the 3. Audience is [Art. 147]
meeting is to commit Incited to the
any of the crimes commission of the As to Requirement of Actual Meeting
punishable under the crime of treason,
Code. rebellion or There must be an Actual meeting not
insurrection, actual meeting or necessary.
sedition or direct assembly
assault.
As to Act Punished

What is punished are What is punished

Persons liable for illegal assembly: the meeting and the is the act of
a. The organizer or leaders of the attendance therein forming or
meeting; or organizing the
b. Persons merely present at the meeting, association
who must have a common intent to
commit the felony of illegal assembly. As to Persons Liable

a. organizers or a. founders,
leaders of the meeting directors,
b. persons present at president
the meeting b. members

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4. Chapter IV: Assault upon, and or his agent in the
Resistance and Disobedience to exercise of his duties.
Persons in Authority and Their 3./5.There is No public uprising
Agents

a. Article 148 - Direct Assaults Under Mode 2

Classifications of direct assault [SQ]:
Two (2) Modes of Commission: 1. Simple assault
1. Without public uprising, by employing 2. Qualified assault.
force or intimidation for the attainment of
any of the purposes enumerated in Qualifying Circumstances [WP-LH]:
defining the crimes of rebellion and 1. There is a Weapon employed in the
sedition attack
2. Without public uprising, by attacking, 2. The offender is a Public officer
by employing force or by seriously 3. The offender Lays Hands on a public
intimidating or by seriously resisting authority
any person in authority or any of his
agents, while engaged in the “Person in Authority” and “Agent of a
performance of official duties, or on Person in Authority”
occasion of such performance.
Any person directly vested with jurisdiction,
whether as an individual or as a member of
Mode 1 vs. Mode 2 some court or governmental corporation,
Mode 1. For the Mode 2. Acts against board, or commission, shall be deemed a
attainment of any person in person in authority.
any of the authority or any of
purposes of his agents [AAPKN] A person who, by direct provision of law or by
rebellion and election or by appointment by competent
sedition [EAN] authority, is charged with the maintenance of
public order and the protection and security of
1.Offender 1.Offender makes an life and property, such as a barrio councilman,
Employs force or Attack, employs force, barrio policeman and barangay leader and any
intimidation actual makes a serious person who comes to the aid of persons in
meeting or intimidation, or makes a authority, shall be deemed an agent of a
assembly serious resistance person in authority.

2. The Aim of the 2.The person assaulted Non-Exclusive Enumeration of Persons

offender is to is a person in Authority in Authority [Art. 152, Revised Penal
attain any of the or his agent; Code, as amended by PD No. 299, Sept.
purposes of the 19, 1973 and Batas Pambansa Blg. 873,
crime of rebellion 3.At the time of the
June 12, 1985]
or any of the assault, the person in
● Barrio Captain
objects of the authority or his agent is
● Barangay Chairman
crime of sedition engaged in the actual
● Municipal mayor
Performance of official
● President of sanitary division
Note: This is duties, or that he is
● Provincial fiscal
tantamount to assaulted by reason of
● Teachers and Professors
rebellion or the past performance of
● Those charged with the supervision of
sedition, except official duties
public or duly recognized private
that there is no
4.Offender Knows that schools, colleges and universities
public uprising.
the one he is assaulting ● Lawyers in the actual performance of
is a person in authority their professional duties or on the
occasion of such performance

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Non-Exclusive Enumeration of Agents committees, subcommittees or divisions, or by
of Persons in Authority [Art. 153, any commission or committee chairman or
Revised Penal Code] member authorized to summon witnesses;
● Barrio Councilman
● Barrio Policeman Mode 2: By refusing to be Sworn or placed
● Barangay Leader under affirmation while being before such
● Any person who comes to the aid of legislative or constitutional body or official;
persons in authority
Mode 3: By refusing to Answer any legal
inquiry or to produce any books, papers,
Public Officer Not in Authority documents, or records in his possession, when
If the public officer is not a person in authority,
required by them to do so in the exercise of
the assault on him is an aggravating
their functions;
circumstance in Art. 14, no. 3 (rank). There
must be, however, intent to disregard the
Mode 4: By Restraining another from attending
victim’s rank. [Art. 14, par. 3, Revised Penal
as a witness in such legislative or constitutional
Code]
body;

b. Article 149 - Indirect Assaults Mode 5: By Inducing disobedience to a

summons or refusal to be sworn by any such
Elements: (FAU) body or official.
1. A person in authority or his agent is the
victim of any of the Forms of direct d. Article 151 - Resistance and
assault defined in Article 148; Disobedience to a Person in Authority
2. A person comes to the Aid of such or the Agents of Such Person
authority or his agent;

Note: A person coming to the aid of a Mode 1 vs. Mode 2

person in authority is deemed an agent Mode 1: Resistance Mode 2: Simple
of a person in authority (see Art. 152). and Serious disobedience
Thus, if such person is attacked as Disobedience [PRI] [ADS]
well, it will be Direct, not Indirect
Assault. Essentially, Indirect Assault 1. A person in a. An Agent of a
can only be committed if a person authority or his agent person in authority
coming to the aid of an AGENT of a is engaged in the is engaged in the
person in authority is attacked as well. Performance of official performance of
duty or gives a lawful official duty or gives
3. Offender makes Use of force or order to the offender a lawful order to the
intimidation upon such a person offender
coming to the aid of the authority or his
agent. 2. Offender Resists or b. Disobeys such
seriously disobeys agent of a person in
Note: Indirect assault presupposes that direct such person in authority
assault was committed. authority or his agent

c. Article 150 - Disobedience to 3. The act of the c. Such

offender is not disobedience is not
summons issued by the National
Included in the of a Serious nature.
Assembly, its Committees or provision of Articles
Subcommittees, or divisions 148, 149 and 150.

Acts Punishable: [OSARI] Note: The nature of the resistance in Art. 151
Mode 1: By refusing, without legal excuse, to is merely SIMPLE RESISTANCE. If there is
Obey summons of Congress, its special or SERIOUS RESISTANCE, the act is already
standing committees and subcommittees, the punishable as Direct Assault. [Art. 148,
Constitutional Commissions and its Revised Penal Code]
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Resistance and Serious Disobedience Examples:
The accused must have knowledge that the 1. Barrio Councilman
person giving the order is a peace officer [US 2. Barrio Policeman
v. Bautista, supra]. 3. Barangay Leader
4. Any person who comes to the aid of a
Serious Disobedience vs. Direct Assault person in authority
Serious Direct Assault
Disobedience [Art. 148] 5. Chapter V: Public Disorders
[Art. 151]
a. Article 153 - Tumults and Other
Person in authority or Person in authority Disturbances of Public Order Acts
his agent must be in or his agent must
actual performance of be engaged in the
Punishable: [SIODB]
his duties performance of
Mode 1: Causing any Serious disturbance in a
official duties or he
public place, office or establishment.
is assaulted by
reason of the past
Mode 2: Interrupting or disturbing
performance of
performances, functions or gatherings, or
official duties
peaceful meetings, if the act is not included in
Committed only by Committed in two Arts. 131 (prohibition, interruption and
resisting or seriously modes (see Art. dissolution of peaceful meetings) and 132
disobeying a person in 148, Mode 2 above) (interruption of religious worship).
authority or his agent
Mode 3: Making any Outcry tending to incite
Use of force in There is force rebellion or sedition in any meeting,
resistance is not so employed association or public place.
serious
Mode 4: Displaying placards or emblems
which provoke a disturbance of public order in
e. Article 152 - Persons in authority such place;
and agents of persons in authority
Mode 5: Burying with pomp the body of a
person who has been legally executed.
Persons in Authority
Persons, whether an individual or as a member
Qualifying Circumstance: If the disturbance
of some court or government corporation,
or interruption caused is of a tumultuous
directly vested with jurisdiction, power and
character.
authority to govern and execute the laws.
• Tumultuous – if caused by more than
three (3) persons who are armed or
Examples:
provided with means of violence
1. Barrio captain
2. Barangay Chairman
3. Municipal mayor Prohibition of Peaceful Meetings vs.
4. President of sanitary division Tumultuous Disturbance
5. Provincial fiscal
Prohibition, Tumultuous
6. Teachers and Professors
Interruption and Disturbance (Art.
7. Those charged with the supervision of
Dissolution of 153)
public or duly recognized private
Peaceful
schools, colleges and universities
Meetings (Art.
131)
Agent of Person in Authority
Person charged with: (1) the maintenance of Offender is a public Offender is a private
public order, and (2) the protection and security officer, who is NOT individual who is NOT
of life and property. a participant a participant (stranger)
(Stranger)

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Inciting to Sedition or Rebellion vs. real printer’s name, or which are classified as
Mode 3 of Art. 153 anonymous.

Inciting to Mode 3 (Art. 153) Note: Actual public disorder or actual damage
Sedition or to the credit of the State is not necessary. The
Rebellion (Art. mere possibility of causing such danger or
131) damage is sufficient, due to the phrase “which
may endanger the public order, or cause
As to the manner of commission damage to the interest or credit of the State”
[Art. 155, Revised Penal Code].
May be done Done only through
through speech or speech (outcry)
writing c. Article 155 - Alarms and Scandals

As to intent Punishable Acts: [DIDC]

Mode 1: Discharging any firearm, rocket,
firecracker, or other explosive within any town
Done with intent to More of unconscious
or public place, calculated to cause (which
induce the hearers outburst which is not
produces) alarm or danger;
or readers to intentionally
commit the crime of calculated to induce
Mode 2: Instigating or taking an active part in
rebellion or sedition others to commit such
any charivari or other disorderly meeting
crimes
offensive to another or prejudicial to public
tranquility.
As to the Nature of the Speeches
Involved
Mode 3: Disturbing the public peace while
The nature of the speeches in both acts are wandering about at night or while engaged in
either rebellious or seditious any other nocturnal amusements.

Mode 4: Causing any disturbances or scandal

b. Article 154 - Unlawful Use of Means in public places while intoxicated or otherwise,
of Publication and Unlawful provided Art. 153 (tumults and other
disturbances of public order) is not applicable.
Utterances
• Under Art. 153, disturbance must be of
a serious nature.
Punishable Acts: [FDMP]
Mode 1: Publishing or causing to be published, Note: “Calculated to cause alarm and danger”
by means of printing, lithography or any other should be “which produces alarm and danger”
means of publication, as news any False news according to the correct translation of the
which may endanger the public order, or cause Spanish phrase in the Revised Penal Code
damage to the interest or credit of the State. (“que produzca alarma o peligro”). The
Spanish text is what is controlling in case of
Mode 2: Encouraging Disobedience to the law doubt in interpretation of the Revised Penal
or to the constituted authorities or praising, Code. [People v. Mesias, G.R. No. 45749, Jan.
justifying or extolling any act punished by law, 29, 1938] Hence, it is the result, and not the
by the same means or by words, utterances or intent, that counts. [Art. 155, Revised Penal
Speeches. Code; REYES, Book 2]
Mode 3: Maliciously publishing or causing to
be published any official document or d. Article 156 - Delivering Prisoners
resolution without proper authority, or before from Jail
they have been published officially.
Elements: [CR]
Mode 4: Printing, publishing or distributing (or 1. There is a person Confined in a jail or
causing the same) books, pamphlets, penal establishment; and
periodicals, or leaflets which do not bear the

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2. Offender Removes therefrom such 6. Chapter VI: Evasion of Service
person or helps the escape of such
person. of Sentence

Consent or connivance necessary to Evasion of Service of Sentence vs.

hold public officer guilty: Evasion of Service of Sentence on the
It is necessary that the public officer had Occasion of Calamities vs. Other
consented to, or connived in, the escape of the Cases of Evasion
prisoner under his custody or charge [Alberto
Evasion of Evasion of Other
v. Dela Cruz, G.R. No. L-31839 (1980)].
Service of Service of Cases of
Sentence Sentence on Evasion
Officer must not be the custodian of [Art. 157] the Occasion [Art. 159]
the prisoner of Calamities
If the offender is a public officer who had the [Art. 158]
prisoner in his custody or charge, he is liable
for infidelity in the custody of a prisoner under As to the Offender
Art. 223.
Convicted Convicted by Convict who
If three persons are involved, the by final final judgment was granted
judgment and is conditional
crimes committed are as follows:
and is confined in a pardon
1. Conniving with or Consenting to
deprived of penal
Evasion [Art. 223, Revised Penal
liberty (need institution
Code] – committed by a public officer
not be
who is in custody or charge of the
confined
prisoner
e.g.
2. Delivering Prisoners from Jail [Art. 156,
destierro)
Revised Penal Code] – committed by
the stranger who helped in the escape, As to Circumstances Surrounding the
or by a public officer when he is not the Evasion
custodian of the prisoner at the time the
prisoner was made to escape. Escapes Escapes Violated the
during the during the terms of his
Note: If the offender is a public officer who had term of his occasion of conditional
the prisoner in his custody or charge, he is imprison- disorders, pardon
liable for infidelity in the custody of a prisoner ment conflagrations,
under Article 223. earthquakes
or other
3. Evasion of service of sentence [Art. 157, calamities
Revised Penal Code] – committed by the
prisoner who escaped As to the Harm Inflicted

An attempt at least to evade Does not

the penalty inflicted by the infringe on
courts upon criminals and the right of
thus defeats the purpose of another
the law of either reforming or person nor
punishing them for having does it
disturbed the public order. disturb the
public order;
merely an
infringement
of the
stipulated
terms

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Nature of Offenses d. Similar catastrophe; or
Evasion of service of sentence is a continuing e. Mutiny in which he has not
offense [Parulan v. Director of Prisons, G.R. participated;
No. L-28519 (1968)]. 3. He Evades the service of his sentence
by leaving the penal institution where
a. Article 157 - Evasion of Service of he is confined, on the occasion of such
Sentence disorder or during the mutiny;
4. He Fails to give himself up to the
authorities within 48 hours following the
Elements: [CSE] issuance of a proclamation by the Chief
1. Offender is a Convict by final judgment; Executive announcing the passing
2. He is Serving sentence which consists away of such Calamity.
in the deprivation of liberty;
3. He Evades service of his sentence by
escaping during the term of his
Failure to Return
Leaving the penal establishment is not the
Imprisonment.
basis of criminal liability. What is punished is
the failure to return within 48 hours after the
Qualifying circumstances as to passing of the calamity, conflagration or mutiny
penalty imposed if such evasion or had been announced.
escape takes place: [EBPC]
1. By means of unlawful Entry (this should Effect of Surrendering within 48 hours
be by climbing or scaling the wall Convicts who shall give themselves up to the
(“escalamiento”), as the Spanish text is authorities within 48 hours from the issuance of
controlling in case of doubt in a proclamation, shall be entitled to the
interpretation [People v. Mesias, G.R. deduction provided for under Art. 98 (one-fifth
No. 45749, Jan. 29, 1938; Art. 157, of the period of his sentence).
Revised Penal Code; REYES, Book 2]
2. By Breaking doors, windows, gates, Note: Under R.A. No. 10592, amending Art. 98
walls, roofs or floors; (which makes reference to Art. 158), those who
3. By using Picklock, false keys, disguise, stay despite the calamities shall be given a two-
deceit, violence or intimidation; or fifths reduction in their sentences.
4. Through Connivance with other
convicts or employees of the penal
institution.
c. Article 159 - Other Cases of Evasion
of Service of Sentence
Applicable to Destierro
One who, sentenced to destierro by virtue of Elements: [CGV]
final judgment, and prohibited from entering the 1. Offender was a Convict;
City of Manila, enters said city within the period 2. He was Granted a conditional pardon by the
of his sentence, is guilty of evasion of sentence Chief Executive; and
under Article 157 [People v. Abilong, G.R. No. 3. He Violated any of the conditions of such
L-1960, Nov. 26, 1948]. Pardon.

b. Article 158 - Evasion of Service of Conditional Pardon

Sentence on the Occasion of A contract between the Chief Executive, who
Disorders, Conflagrations, grants the pardon, and the convict, who
Earthquakes, or Other Calamities accepts it. Since it is a contract, the pardoned
convict is bound to fulfill its conditions and
accept all its consequences according to its
Elements: [CC-DEESM-EF] strict terms [People v. Pontillas, G.R. No. L-
1. Offender is a Convict by final judgment, 45267 (1938)].
who is confined in a penal institution;
2. There is Disorder, resulting from –
a. Conflagration; Guilty of a Subsequent Offense
b. Earthquake; The determination of the occurrence of a
c. Explosion; breach of a condition of a pardon, and the

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proper consequences of such breach, may be Exception: If by reason of his conduct, he is
a judicial act consisting of trial for and deemed not worthy of such clemency
conviction of violation of a conditional pardon
under Article 159 of the Revised Penal Code As to the act committed
[Torres v. Gonzales, G.R. No. 76872 (1987)]. The first crime for which the offender is serving
sentence need not be a felony [People v.
Note: Of course, “[w]here the President opts to Peralta, G.R. No. L-19069 (1968)].
proceed under Section 64 (i) of the Revised
Administrative Code [as opposed to the The word “another” does not mean that the new
determination being a judicial act], no judicial felony need be different from the one for which
pronouncement of guilt of a subsequent crime the offender is serving sentence [People v.
is necessary, much less conviction therefor by Yabut, 58 Phil. 499 (1933)].
final judgment of a court, in order that a convict
may be recommended for the violation of his
conditional pardon.” This determination – of Quasi-Recidivism vs. Recidivism vs.
the occurrence of a breach of a condition of a Reiteracion
pardon, and the proper consequences of such Offense Nature
breach – is a purely executive act and not
subject to judicial scrutiny. There is no Due
Quasi- The 2 offenses need not be
Process violation in this case because the
Recidivism embraced in the same title of
conditionally pardoned convict had already
the Code
been accorded judicial due process in his trial
and conviction for the offense for which he was Recidivism There was a 2nd conviction
conditionally pardoned [Torres v. Gonzales, for an offense embraced in
G.R. No. 76872 (1987)]. the same title of the Code

7. Chapter VII: Commission of Reiteracion Offender has been

previously punished of:
Another Crime During Service of 1. One (1) offense – to which
Penalty Imposed for Another the law attaches equal or
Previous Offense greater penalty; or

2. Two (2) offenses – to

a. Article 160 - Commission of another
which the law attaches
crime during service of penalty lighter penalty
imposed for another previous offense
- Penalty Offenses need not be
embraced in the same title of
Elements: [CN] the Code.
1. Offender was already Convicted by
final judgment of one offense; Multi- Requisites [T-FIRE, 10-2,
2. He committed a New felony before Recidivism/ 10-3]
beginning to serve such sentence or Habitual a. Offender had been
while serving the same. Delinquency convicted of any of the
crimes of [T-FIRE]:
Theft; Falsification;
Pardon serious or less serious
Pardon is to be given to a convict who: physical Injuries;
1. Is not a habitual criminal; Robbery; Estafa.
2. Is already at the age of seventy (70) b. After conviction or after
years;and serving his sentence, he
3. Has already served out his original again committed, and,
sentence or if he shall be completing it within 10 years from his
after reaching such age release or first
conviction, he was again
convicted of any of the
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said crimes for the 2nd
time
c. After his conviction of, or
after serving sentence
for the second offense,
he again committed,
and, within 10 years
from his last release or
last conviction, he was
again convicted of any of
said offenses, the 3rd
time or oftener. [Art. 62,
RPC]

Note: Computation of the 10-

year period can start from
either the conviction OR
release of the accused in his
previous crime and shall end
with the date of his conviction
in the subsequent crime
[People v. Lacsamana, G.R.
No. L-46270 (1938)].

Recidivism Inherent in
Habitual Delinquency
A habitual delinquent is
necessarily a recidivist. In
penalizing him, the
aggravating circumstance of
recidivism has to be taken
into account. However, for
the purpose of fixing the
additional penalty, recidivism
cannot be taken as an
aggravating circumstance for
the reason that it is inherent
in habitual delinquency
[People v. Tolentino, G.R.
No. L-48740 (1942)].
See: Discussion under Multiple Offenders for
greater detail

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D. CRIMES AGAINST SECTION 2. Counterfeiting Coins
PUBLIC INTEREST [ARTS. c. Article 163 – Making and Importing
161 - 187] and Uttering False Coins

1. Chapter I: Forgeries Elements: [FMC]

1. There be False or counterfeited coins;
2. Offender either Made, imported or
SECTION 1. Forging The Seal of The
uttered such coins;
Government of The Philippine Islands, 3. In case of uttering such false or
the Signature or Stamp of the Chief counterfeited coins, he Connived with
Executive the counterfeiters or importers.

1. Acts of Counterfeiting Kinds of Coins Covered by the Crime

1. Silver coins of the Philippines or coin of
a. Article 161 – Counterfeiting the the Central Bank (CB);
Great Seal of the Government of the 2. Coins of minor coinage of the
Philippines or CB; or
Philippine Islands, Forging the
3. Coin of the currency of a foreign
Signature or Stamp of the Chief country [People v. Tin Ching Ting, G.R.
Executive No. L-4620, Jan. 30, 1952]

Acts Punished [SSS]: “To utter”

Forging the: To utter includes delivery or the act of giving
1. Great Seal of the Government of the them away. A counterfeited coin is uttered
Philippines; when it is paid, when the offender is caught
2. Signature of the President; or counting the counterfeited coins preparatory to
3. Stamp of the President. the act of delivering them, even though the
utterer may not obtain the gain he intended
Forgery [Decisions of the Supreme Court of Spain]
Falsely making or materially altering, with
intent to defraud, any writing which, if genuine, Rationale for punishing the fabrication of a
might apparently be of legal efficacy or the coin withdrawn from circulation: There is a
foundation of a legal liability. [Black’s Law possibility that the counterfeiter may later apply
Dictionary] his trade to the making of coins in actual
circulation [People v. Kong Leon, C.A., 48 O.G.
664].
b. Article 162 – Using Forged
Signature or Counterfeit Seal or d. Article 164 – Mutilation of Coins
Stamp
Acts Punished [MI]
Elements: [SKU] 1. Mutilating coins of the legal currency;
1. The Great Seal of the Republic was or
counterfeited or the signature or stamp 2. Importing or uttering such mutilated
of the Chief Executive was forged by coins
another person;
2. Offender Knew of the counterfeiting or
forgery; and Elements of Mutilation: [LG]
3. He Used the counterfeit seal or forged 1. Coin mutilated is of Legal tender; and
signature or stamp. 2. Offender Gains from the precious
metal dust abstracted from the coin
Note: Offender under this article should not be “Mutilation” means to take off part of the
the forger. Otherwise, he will be penalized metal either by filling it or substituting it for
under Article 161. [Art. 161, Revised Penal another metal of inferior quality [People v. Tin
Code] Ching Ting, G.R. No. L-4620, Jan. 30, 1952].
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Foreign coins are not covered in this article. counterfeiter, mutilator or importer of the coins.
[Art. 164, Revised Penal Code] [Supreme Court of Spain, June 28, 1877]

Elements of Importing or Uttering Making and Importing and Uttering vs.

Mutilated Coins: [IC] Mutilating
1. Offender Imported or uttered mutilated
Making and Mutilating Selling of
coins; and
Importing [Art. 164] False or
2. In case of uttering, the offender must
and Uttering Mutilated
have Connived with the mutilator or
[Art. 163] Coin
importer
[Art. 165]

PD 247: Prohibiting and Penalizing Punishable Acts

Defacement, Mutilation, Tearing,
Burning or Destruction of Central That a false or That a coin That a coin is
Bank Notes and Coins counterfeit is counterfeited
It shall be unlawful for any person to willfully coin is made mutilated, or mutilated
deface, mutilate, tear, burn or destroy, in any imported or or that or actually
manner whatsoever, currency notes and coins uttered. such uttered.
issued by the Central Bank of the Philippines. mutilated
coin is
imported or
e. Article 165 – Selling of False or uttered.
Mutilated Coin, without Connivance
As to Foreign Coins
Acts Punished:
1. Possession of coin, counterfeited or Counterfeiting Mutilating Counterfeiting
mutilated by another person, with intent of foreign foreign of foreign
to utter the same, knowing that it is currency is coins is not currency is
false or mutilated; or punishable punishable punishable
2. Actually uttering such false or mutilated under this
coin, knowing the same to be false or article
mutilated.
Requirement of Legal Tender
Mode 1 vs. Mode 2 Coins must be Must be of Not required
Mode 1: Mode 2: Actually silver coins of legal to be legal
Possession with uttering such false the Phil. or tender tender
intent to utter false or mutilated coin CB, or coin of
or mutilated coin minor coinage
or currency of
Elements: [PIK] Elements: [UK] a foreign
1. Possession of 1. Actually Uttering country
counterfeited or such false or
mutilated coin; mutilated coin; and Requirement of Connivance in case of
2. With Intent to 2. With Knowledge of Uttering
utter; and such defect/s.
3. With Knowledge There must be There must No
of such defect/s. connivance be requirement
with the connivance of connivance
counterfeiters with the in case of
Constructive Possession or importers mutilator or uttering.
Possession prohibited in this article is not only importer in
actual and physical possession, but also that of case of
a constructive one, or the subjection of the uttering.
thing to one’s control. [People v. Umali, CA 46
O.G. 2648] The possessor should not be the
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SECTION 3. Forging Treasury or Bank g. Article 167 – Counterfeiting,
Notes, Obligations and Securities; Importing, and Uttering Instruments
Importing and Uttering False or Not Payable to Bearer
Forged Notes, Obligations and
Securities Elements: [OFC]
1. There is an Instrument payable to
f. Article 166 – Forging Treasury or Order or other document of credit not
Bank Notes or Other Documents payable to bearer;
2. Offender either Forged, imported or
Payable to Bearer; Importing and uttered such instrument; and
Uttering Such False or Forged Notes 3. In case of uttering, he Connived with
and Documents the forger or importer.

Elements: [B-FImU] When Payable to Order

1. There is an instrument payable to An instrument is payable to order where it is
Bearer; and drawn payable to the order of a specified
2. The offender commits any of the person or to him or his order. [N.I.L]
following acts:
a. Forged or falsified a treasury or 2. Acts of Forgery
bank note or a document
payable to bearer;
b. Imported such false or forged h. Article 168 – Illegal Possession and
obligations or notes; or Use of False Treasury or Bank Notes
c. Uttered such false or forged and Other Instruments of Credit
obligations or notes in
connivance with the forgers or Elements: [N-KUPo]
importers. 1. Any treasury or bank Note or certificate
or other obligation and security:
“Forging” – By giving any treasury or bank 2. Offender Knows that any of those
note, or any instrument payable to bearer, or to instruments is forged or falsified; and
order the appearance of a true and genuine a. There is an instrument payable
document. [Art. 169, Revised Penal Code] to bearer, to order or other
document of credit not payable
“Falsification” – By erasing, substituting, to bearer;
counterfeiting or altering by any means, the b. Said instrument is forged or
figures, letters, words, or signs contained falsified by another person;
therein. [Id.] 3. He either –
a. Uses any of such forged or
When Payable to Bearer: [N.I.L.] falsified instruments; or
1. When expressed to be so payable b. Possesses the same, with
2. When payable to a person named intent to use
therein or bearer
3. When payable to the order of a fictitious Presumption of Material Author
or non-existing person, and such fact The rule is that if a person had in his
was known to the person making it so possession a falsified document and he made
payable use of it, taking advantage of it and profiting
4. When the name of the payee does not thereby, the presumption is that he is the
purport to be the name of any person material author of the falsification [People v.
5. When the only or last endorsement is Sendaydiego, G.R. No. L-33254 (1978)].
an endorsement in blank.

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i. Article 169 – How Forgery is 2. Offender Alters the same;
Committed 3. He has no proper Authority; and
4. Alteration has Changed the meaning of
the documents.
Acts punished [GE]
1. By Giving to a treasury or bank note or
any instrument payable to bearer or to Falsification vs. Forgery
order mentioned therein, the Forgery Falsification
appearance of a true and genuine [Art. 169] [Art. 170]
document; or
2. By Erasing, substituting, counterfeiting, As used in Article The commission of
or altering by any means the figures, 169, forgery refers to any of the 8 acts
letters, words, or sign contained the falsification and mentioned in Article
therein. counterfeiting of 171 on legislative
treasury or bank (only the act if
Possession and Knowledge notes or any making alteration) or
Possession of genuine treasury notes of the instruments payable public or official,
Philippines, any of “the figures, letters, words to bearer or to roder. commercial or
or signs contained” in which had been erased private documents
and/or altered, with knowledge of such erasure or wireless or
and alteration, and with the intent to use such telegraph
notes in enticing another to advance funds for messages.
the avowed purpose of financing the
manufacture of counterfeit treasury notes of
the Philippines, is punishable under Art. 168 in k. Article 171 – Falsification by Public
relation to Art. 166 (1) [Del Rosario v. People, Officer, Employee or Notary or
G.R. No. L-16806 (1961)]. Ecclesiastical Minister

How Forgery May be Committed Elements: [PAF - CApAUDMAI]

Forgery can be committed through the use of 1. Offender is a Public officer, employee,
genuine paper bills that have been withdrawn or notary public;
from circulation, by giving them the 2. He takes Advantage of his official
appearance of some other true and genuine position; and
document [People v. Galano, C.A. 54 O.G. 3. He Falsifies a document by committing
5899]. any of the following acts:
a. Counterfeiting or imitating any
handwriting, signature or
Section 4. Falsification of rubric;
Legislative, Public, Commercial, b. Causing it to Appear that
and Private Documents and persons have participated in
any act or proceeding when
Wireless, Telegraph and they did not in fact so
Telephone Messages participate;
c. Attributing to persons who
3. Acts of Falsification have participated in an act or
proceeding statements other
than those in fact made by
j. Article 170 – Falsification of them;
Legislative Documents d. Making Untruthful statements
in a narration of facts;
Elements: [BAACh] e. Altering true Dates;
1. There is a Bill, resolution or ordinance f. Making any alteration or
enacted or approved or pending intercalation in a genuine
approval by either House of the document which changes its
Legislature or any provincial board or Meaning;
municipal council;
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g. Issuing in an Authenticated 2. Such person/s did Not in fact
form: participate.
• A document purporting to
be a copy of an original Par. 3: Attributing to persons who
document when no such have participated in an act or
original exists, or
proceeding statements other than
• Including in such a copy a
statement contrary to, or those in fact made by them [Id.]
different from, that of the
genuine original; and Elements: [PSA]
h. Intercalating any instrument or 1. Person/s Participated in an act or
note relative to the issuance proceeding
thereof in a protocol, registry, 2. Such person/s made Statements in
or official book. that act or proceeding; and
3. Offender, in making a document,
Ecclesiastical Minister’s Liability Attributed to such person/s statements
The ecclesiastical minister is liable with respect other than those they in fact made.
to any record or document that its falsification
may affect the civil status of persons [Art. 171, Par. 4: Making untruthful statements
Revised Penal Code]. in a narration of facts [Id.]

Offender Takes Advantage of his Elements: [D-OFW]

Official Position When: 1. Offender makes in a Document
1. He has the duty to make or prepare, or statements in a narration of facts
intervene in the preparation of the 2. He has a legal Obligation to disclose
document; or truth of facts
2. He has the official custody of the 3. Facts narrated are absolutely False;
document he falsifies. [Id.] and
4. Perversion of truth in the narration was
made with the Wrongful intent of
Par. 1: Counterfeiting or imitating any
injuring a third person.
handwriting, signature or rubric. [Id.]
Narration of Facts Required
Acts Punished: [CI] There must be a narration of facts, not a
1. Counterfeiting - imitating any conclusion of law [Beradio v. CA, G.R. Nos. L-
handwriting, signature or rubric; or 49483-86 (1981)]. The person making the
a. There should be an intent to narration of facts must be aware of the falsity
imitate, or an attempt to imitate of the facts narrated by him [U.S. Gonzaga, 14
b. Two signatures, the genuine Phil. 562].
and the forged, should bear
some resemblance.
2. Imitating (Feigning) - simulating a Falsification by Omission
signature, handwriting or rubric out of There can be falsification by omission. An
one which does not actually exist. assistant bookkeeper is guilty of falsification by
intentionally not putting a record in his personal
account of chits and destroying them so he
Par. 2: Causing it to appear that could avoid paying the same [People v. Dizon,
persons have participated in any act G.R. No. 144026 (2006)].
or proceeding when they did not in
fact so participate. [Id.] Par. 5: Altering true dates [Id.]

Elements: [AN] Elements: [DA]

1. Offender caused it to Appear in a 1. Date must be essential
document that a person/s participated 2. Alteration of the date must affect the
in an act or proceeding. veracity of the documents or the effects

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thereof (such as dates of birth, Par 7: Issuing in an authenticated
marriage, or death). form a document purporting to be a
copy of an original document when no
Note: This pertains to alteration of a true date
(not a non-existent date). An example would be
such original exists, or including in
the alteration of dates on official receipts to such a copy a statement contrary to,
prevent discovery of malversation [Typoco Jr v. or different from, that of the genuine
People, G.R. Nos. 221857 & 222020 (2017)]. original [Id.]

Date Must be Essential Persons Liable

Falsification under this paragraph only when 1. Custodian– Authentication of a
the date mentioned in the document is document can only be made by the
essential. The alteration of the date or dates in custodian or the one who prepared and
a document must affect either the veracity of retained a copy of the original.
the document or the effects thereof [People v. a. Purporting to be a copy of the
Reodica and Cordero, 62 Phil. 567]. original when no such original
exists.
Dates in the police blotter, book of records b. Including in a copy a statement
of arrest, bail bond and return of warrant of contrary to, or different from,
arrest are essential because the dates will that of the genuine original.
show that there was a delay in the preliminary 2. Private Person - a private person who
investigation of the case, in violation of the cooperates with a public officer in the
circular of the CFI [People v. Montano and falsification of a public document is
Cabagsang, 57 Phil. 599]. guilty of the crime and incurs the same
liability and penalty [U.S. v. Ponte, 20
Par. 6: Making any alteration or Phil. 379].
intercalation in a genuine document
which changes its meaning [Id.] Par. 8. Intercalating any instrument or
note relative to the issuance thereof in
Elements: [A-GAF] a protocol, registry or official book.
1. There be an Alteration (change) or Pars. 1 to 5 Pars. 6 to 8
intercalation (insertion) on a document.
2. It was made on a Genuine document.
3. Alteration or intercalation has changed May be a genuine There must be a
the meaning of the document. (later falsified) or an genuine document .
4. Change made the document speak entirely fabricated
something False document.

Change or Insertion Must Affect the

Integrity of the Document
l. Article 172 – Falsification by Private
Change or insertion must affect the integrity or Individual and Use of Falsified
effects of the document. Furthermore, the Documents
alteration should make the document speak
something false [People v. Pacana, 47 Phil. Types of Documents:
48]. Otherwise, it would merely be a correction
[U.S. v. Mateo, 25 Phil. 324]. Type of Description
Document

Public A document created,

Document executed or issued by a public
official in response to the
exigencies of the spublic
service, or in the execution of
which a public official
intervened [US v. Asensi,

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G.R. No. 11165 (1916)]. Mode 2: Falsification of private
document by any person
Official A document which is issued Elements: [F-eII-PD]
Document by a public official in the 1. Offender committed any of the acts of
exercise of the functions of his Falsification except Article 171(7), that
office. Note: An official is:
document is also a public a. Issuing in an authenticated
document as it falls within the form a document purporting to
larger class called public be a copy of an original
documents [US v. Asensi, document when no such
G.R. No. 11165 (1916)]. original exists, or
b. Including in such a copy a
Private A deed or instrument
statement contrary to, or
Document executed by a private person
different from, that of the
without the intervention of a
genuine original;
notary public or other person
2. Falsification was committed in any
legally authorized, by which
Private document;
document some disposition or
3. Falsification causes Damage to a third
agreement is proved,
party or at least the falsification was
evidenced or set forth [US v.
committed with intent to cause such
Orera, G.R. No. 3810 (1907)].
damage.
Commercial Any document defined and
Document regulated by the Code of Mode 3: Use of falsified document
Commerce or any other
commercial law. They are
used by merchants or Elements in introducing in a judicial
businesspersons to promote proceeding [KFI]
or facilitate trade or credit 1. Offender Knew that the document was
transactions [Malabanan v. falsified by another person;
Sandiganbayan, G.R. Nos. 2. The False document is in Articles 171
186329, 186584, 198598 or 172 (1 or 2);
(2017)]. 3. He Introduced said document in
evidence in any judicial proceeding.

Elements in use in any other

Mode 1: Falsification of public, official transaction [KEUD]
or commercial document by a private 1. Offender Knew that a document was
individual falsified by another person;
2. False document is Embraced in
Elements: [NoFaDo] Articles 171 or 172 (1 or 2);
1. Offender is a Private individual or 3. He Used such document;
Public officer or employee who did Not 4. The use caused Damage to another or
take advantage of his official position; at least used with intent to cause
2. He committed any act of Falsification damage.
(Art. 171);
3. The falsification was committed in a Wrongful Intent Not Required in Public
public, official, or commercial Documents
Document or letter of exchange.
General Rule: Wrongful intent is required in
falsification of private documents [See U.S. v.
Paraiso, 1 Phil. 127]. Falsification through
imprudence implies lack of such intent, thus
there is no crime of falsification of a private
document through negligence or imprudence.
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Exceptions: In case of public and
falsified may
commercial documents: The existence of a
pertain to: Any
wrongful intent to injure a third person is not
public or official
necessary when the falsified document is a
document, or letter of
public document [Siquian v. People, supra].
exchange, or
commercial
In this particular crime, the controlling
documents
consideration lies in the public character of a
document; and the existence of any prejudice
caused to third persons or, at least, the intent
to cause such damage becomes immaterial
[Goma v. Court of Appeals, G.R. No. 168437
(2009)].
This applies as well to commercial documents,
because as to this kind of document, a credit is
sought to be protected [See People v. Go, G.R.
No. 191015, Aug. 6, 2014].

Presumption
The possessor of a falsified document is
presumed to be the author of the falsification
[People v. Manansala, G.R. No. L-38948
(1933)].

Prescription
The prescriptive period commences from the
time the offended party had constructive notice
of the alleged forgery after the document was
registered with the Register of Deeds [People
v. Villalon, G.R. No. 43659 (1990)].

Falsification by Falsification by
Public Officer, Private Individual
Employee or and Use of
Notary or Falsified
Ecclesiastical Documents [Art.
Minister [Art. 171] 172]

As to Offender

Committed by any Committed by any

public officer, private individual, or
employee, or notary any person who
commits such
punishable acts.

As to Acts Committed

Acts involve Acts involve

falsification of falsification of
documents by documents by
CApAUDMAI (See: CApAUDMAI (See:
Art. 171 discussion). Art. 171 discussion).

Documents

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m. Article 173 – Falsification of business of sending or receiving wireless,
Wireless, Cable, Telegraph and telegraph or telephone messages. But a
Telephone Messages, and Use of Said private individual can be held criminally liable
as principal by inducement. [See People v.
Falsified Messages Yamson-Dumancas, 320 SCRA 584, G.R. No.
13352728, Dec. 13, 1999]
Mode 1: Uttering fictitious wireless,
telegraph or telephone message SECTION 5. Falsification of Medical
Certificates, Certificates of Merit Or
Elements: [OEU] Service and The Like
1. Offender is an Officer or Employee of
the government or an officer or
employee of a private corporation, n. Article 174 – False Medical
engaged in the service of sending or Certificates, False Certificates of
receiving wireless, cable or telephone Merits of Service, Etc.
message; and
2. He Utters fictitious wireless, cable, Persons liable [Ph-PO-Pr]
telegraph or telephone message of any 1. Physician or surgeon - issues a false
system. certificate in connection with the
practice of his profession (it must refer
Mode 2: Falsifying wireless, telegraph to the illness or injury of a person);
or telephone message 2. Public Officer - issues a false certificate
of merit of service, good conduct or
similar circumstances; or
Elements: [OEF]
3. Private person - falsifies a certificate
1. Offender is an Officer or Employee of
falling within the classes mentioned in
the government or an officer or
the two preceding subdivisions.
employee of a private corporation,
engaged in the service of sending or
receiving wireless, cable or telephone o. Article 175 – Using False
message; and Certificates
2. He Falsifies wireless, cable, telegraph
or telephone message of any system. Elements: [IKU]
1. False certificate was Issued by the
Mode 3: Using such falsified message following:
a. Physician or surgeon issues a
Elements: [KUR] false Medical certificate, in
1. Offender Knew that wireless, cable, connection with the practice of
telegraph, or telephone message was his profession;
falsified by an officer or employee of b. Public officer issues a false
the government or an officer or certificate of Merit of service,
employee of a private corporation good conduct or similar
engaged in the service of sending or circumstances;
receiving wireless, cable or telephone c. Private Person falsifies a
message; certificate falling within the 2
2. He Used such falsified dispatch; and preceding subdivisions.
3. The use Resulted in the prejudice of a 2. Offender Knows that the certificate was
third party or at least there was intent false;
to cause such prejudice. 3. He Uses the same.

Employee of a Corporation
A private individual cannot be a principal by
direct participation in falsification of telegraphic
dispatches under Article 173, unless he is an
employee of a corporation engaged in the

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SECTION 6. Manufacturing, Importing The mere act of knowingly and falsely
And Possession of Instruments or representing oneself to be an officer is
Implements Intended for the sufficient. It is not necessary that he perform an
act pertaining to a public officer [Art. 177,
Commission of Falsification Revised Penal Code; See Gigantoni v. People,
No. L-74727, Jun 16, 1988, 162 SCRA 158,
p. Article 176 – Manufacturing and 162-163].
Possession of Instruments or
Implements for Falsification Mode 2: Usurpation of Official
Functions (excess of authority)
Acts punished: [MII]
1. Making or Introducing into the Elements: [PAP-WiL]
Philippines any stamps, dies, marks, or 1. Offender Performs any act;
other instruments or implements for 2. Act pertains to any person in Authority
counterfeiting or falsification; or or public officer of the Philippine
2. Possession with Intent to use the government or any foreign
instruments or implements for government, or any agency thereof;
counterfeiting or falsification made in or 3. Under Pretense of official position;
introduced into the Philippines by 4. Without being Lawfully entitled to do
another person. so.

Constructive Possession In usurpation of official functions, it is essential

As in Article 165, the possession contemplated that the offender should have performed an act
here is possession in general, that is, not only pertaining to a person in authority or public
actual, physical possession, but also officer, in addition to other requirements [Art.
constructive possession or the subjection of 177, Revised Penal Code; See Gigantoni v.
the thing to one’s control [People v. Andrada, People, No. L-74727, Jun 16, 1988, 162 SCRA
C.A. 64 O.G. 5751]. 158, 162-163].

The implements confiscated need not form a Good Faith as Defense

complete set [People v. Santiago et al., C.A. 48 In prosecutions for usurpation of official
O.G. 4401]. functions, good faith is recognized as a
defense [Ruzol v. Sandiganbayan, G.R. Nos.
2. Chapter II: Other Falsities 186739-960 (2013)].

SECTION 1. Usurpation of Authority, b. Article 178 – Using Fictitious and

Rank, Title, and Improper Use of Concealing True Name
Names, Uniforms and Insignia
Mode 1: Using Fictitious Name
a. Article 177 – Usurpation of
Authority or Official Functions Elements: [NaP-CED]
1. Offender uses a Name other than his
real name;
Mode 1: Usurpation of Authority (no 2. He uses the fictitious name Publicly;
connection with the office 3. Purpose of use is to:
represented) a. Conceal a crime;
b. Evade the execution of a
Elements: [KO] judgment; or
1. Offender Knowingly and falsely c. Cause Damage
represents himself;
2. As an Officer, agent or representative Damage Must be to Public Interest
of any department or agency of the If the purpose is for causing damage, it must be
Philippine government or of any foreign damage to public interest which is the essence
government. of the felonies under the Title. If it is damage to
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private interest, the crime will be estafa under other official uniform, decoration or
Art 315 2(a) [Art. 178, Revised Penal Code; regalia of a foreign State or one nearly
See U.S. v. To Lee Piu, G.R. No. 11522 resembling the same, with intent to
(1916)]. deceive or mislead. [Sec. 3]
3. EO No. 297 – punishes the illegal
Mode 2: Concealing True Name manufacture, sale, distribution and use
of PNP uniforms, insignias and other
Elements: [CoP]
1. Offender Conceals his true name and SECTION 2. False Testimony
other personal circumstances;
2. Purpose is only to conceal his identity. d. Article 180 – False Testimony
Against a Defendant
Use of Fictitious Name vs. Concealment
of True Name Elements: [P-TK-A/C]
Use of Fictitious Concealing True 1. There is a criminal Proceeding;
Name Name 2. Offender Testifies falsely under oath
against the defendant therein;
Element of Publicity Publicity not 3. Offender Knows that it is false;
necessary 4. Defendant against whom the false
testimony is given is either Acquitted or
Purpose is to Merely to conceal Convicted in a final judgment.
conceal a crime, identity.
evade execution of Liability of Witness
judgment, cause A witness who gave the false testimony is liable
damage even if his testimony was not considered by the
court. There is no such qualification in the
provision, as whether the defendant is
c. Article 179 – Illegal Use of Uniforms convicted or acquitted the person who gave
and Insignia false testimony is punished [Art. 180, Revised
Penal Code]
Elements: [Us-ON-I]
1. Offender makes Use of insignia, Finality of Judgment
uniforms or dress; Complainant must wait for the finality of
2. The insignia, uniforms or dress judgment in the case where the false testimony
pertains to an Office Not held by such was given because the penalty for the violation
person or a class of persons of which of Art. 180 depends upon the penalty imposed
he is not a member; by the court in the case of the defendant,
3. Said insignia, uniform or dress is used wherein the false testimony was given.
publicly and Improperly. ● Defendant - death; False tesitifer -
reclusion temporal
Note: Wearing the uniform of an imaginary ● Defendant - reclusion perpetua or
office is not punishable [Art. 179, Revised reclusion temporal; False tesitifer -
Penal Code]. prision mayor
● Defendant - any other afflictive penalty;
Intent to Deceive False tesitifer - prision correccional
General Rule: The offender must make use of ● Defendant - correctional penalty, fine,
insignia, uniforms or dresses with intent to or acquitted; False tesitifer - reclusion
deceive. temporal

Exceptions: Intent is not necessary under: Rule: Defendant must be sentenced to at least
1. RA No. 492 – punishes the wearing of a correctional penalty (Prision correccional,
insignia, badge or emblem of rank of Arresto mayor, Suspension,or Destierro), or a
the members of the AFP. [Sec. 2] fine, or must be acquitted.
2. RA No. 75 – punishes the unauthorized
wearing of any naval, military, police or
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Hence, when the accused is sentenced by Perjury
arresto menor, he shall not be liable for false Perjury is a crime other than false testimony in
testimony [Reyes, Book II]. criminal cases or false testimony in civil cases,
● Reason: Arresto menor is a light which are perversions of truth in judicial
penalty, hence not contemplated by proceedings [false testimony under Arts. 180 to
Art. 180(4) 182]; it is an offense which covers false oaths
not taken in the course of judicial proceedings
e. Article 181 – False Testimony [US v. Estraña, G.R. No. 5751 (1910)].
Favorable to the Defendant
Elements of Perjury: [MaBe-WiRe]
Elements: [GFC] 1. Offender Makes a statement under
1. A person Gives false testimony; oath or executes an affidavit upon a
2. In Favor of the defendant; material matter;
3. In a Criminal case. 2. Statement or affidavit is made Before a
competent officer, authorized to
receive and administer oaths;
Testimony need not be Beneficial to 3. Offender makes a Willful and
the Defendant deliberate assertion of a falsehood in
The testimony need not be beneficial to the the statement or affidavit;
defendant. It is not necessary that the 4. The sworn statement or affidavit
testimony should directly influence the decision containing the falsity is Required by
of acquittal, it is sufficient that it was given with law; made for a legal purpose.
the intent to favor the accused. [Reyes, Book
II] No Perjury through Negligence or
Imprudence
f. Article 182 – False Testimony in Civil This is because of the requirement that the
Cases assertion of a falsehood be made willfully and
deliberately. Hence, good faith or lack of malice
is a defense in perjury. [Id]
Elements: [FaC-RK-KMI]
1. False testimony is given in a Civil case;
2. Testimony Relates to the issues Subornation of Perjury
presented in said case; Subornation of perjury is committed by a
3. Offender Knows that testimony is false; person who knowingly and willfully procures
4. Testimony is Malicious; and another to swear falsely and the witness
5. It was given with an Intent to affect the suborned does testify under circumstances
issues in said case. rendering him guilty of perjury as a principal by
inducement [US v. Ballena, 18 Phil. 382].
Suspension of Criminal Action The fact that subornation of perjury is not
Pending the determination of the falsity of the expressly penalized in the Revised Penal Code
subject testimonies in the civil case, the does not mean that the direct induction of a
criminal action for false testimony must be person by another to commit perjury has
suspended. [Reyes, Book II] ceased to be a crime, because said crime is
fully within the scope of that defined in Art. 17
g. Article 183 – False Testimony in (2), RPC [People v. Reyes, G.R. No. 45618,
Other Cases and Perjury in Solemn (1938)].
Affirmation
Material vs. Relevant vs. Pertinent
Acts Punished [TM] [Reyes]
1. Falsely Testifying under oath; or Material Relevant Pertinent
2. Making a false affidavit.
Directed to Tends in any Concerns
Note: The false testimony should not be in a prove a fact reasonable collateral
judicial proceeding [Diaz v. People, G.R. No. L- in issue degree to matters
65006 (1990)].
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establish which make Mode 1: Soliciting Mode 2: Attempting
probability or more or less Gifts or Promises to cause bidders to
improbability probable the stay away by
of a fact in proposition threats, gifts,
issue at issue promises or any
other artifice
Note: There is no perjury if the sworn statement 1. There is a Public auction
is not important, essential or material [US v.
Jurado, G.R. No. 10719]. 2. Offender Solicits 2. Offender Attempts
any gift or a promise to cause the bidders
Perjury vs. Untruthful Statements in a from any of the to stay
Narration of Facts bidders away from that public
auction
Perjury Untruthful
[Art. 183] Statements in a 3. Such gift or 3. It is done by
Narration of Facts promise is the Threats, gifts,
[Art. 171 par. 4] Consideration for promises or any other
his refraining from artifice
Statement is made Statement is made in
taking part in that
before a competent a document, in a
public auction
officer, under oath. narration of facts.
4. Offender has the Intent to cause the
h. Article 184 – Offering False reduction of the price of the thing auctioned.
Testimony in Evidence
b. [REPEALED] Article 186 –
Elements: [OK-Ma] Monopolies and Combinations in
1. Offender Offers in evidence a false Restraint of Trade
witness or testimony;
2. He Knows that the witness or the Note: This article has been repealed by the
testimony was false; Philippine Competition Act, which was signed
3. The offer was Made in any judicial or into law on July 21, 2015.
official proceeding.
SECTION 2. Frauds in Commerce and
Offer of Evidence Industry
Offer of evidence begins at the moment a
witness is called to the stand and interrogated
by counsel. The witness must testify. [Rule c. Article 187 – Importation and
132, Rules of Court] Disposition of Falsely Marked Articles
or Merchandise Made of Gold, Silver,
3. Chapter III: Frauds or other Precious Metals or their
Alloys
SECTION 1. Machinations,
Monopolies and Combinations Elements: [Im-FaK]
1. Offender Imports, sells or disposes of
any of those articles or merchandise
a. Article 185 – Machinations in Public (i.e. gold, silver, other precious metals
Auctions or their alloys)
2. The stamps, brands, or marks of those
Crime is Consummated by: [SA] articles of merchandise Fail to indicate
1. Mere Solicitation of gift or promise as the actual fineness or quality of said
consideration for not bidding, or metals or alloys
2. By mere Attempt to cause prospective
bidders to stay away from an auction.
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3. Offender Knows of such failure to
indicate the actual fineness or quality of
the metals or alloys

Article 187 does not apply to the manufacturer

of misbranded articles who alters the quality or
fineness of anything pertaining to his art or
business – he would be liable for estafa under
Art. 315(2)(b).

[REPEALED] d. Article 188 –

Substituting and Altering Trade-
marks and Trade-names

Note: This article has been repealed by The

Intellectual Property Code, which took effect on
Jan. 1, 1998.

[REPEALED] e. Article 189 – Unfair

Competition and Fraudulent
Registration of Trade-mark or Trade-
name.

Note: This article has been repealed by The

Intellectual Property Code, which took effect on
Jan. 1, 1998.

[REPEALED] - CRIMES
RELATIVE TO OPIUM AND
OTHER PROHIBITED
DRUGS
Note: Arts. 190-194 were repealed by R.A.
6425, known as the “Dangerous Drugs Act of
1972.” R.A. No. 9165, known as the
“Comprehensive Dangerous Drugs Act of
2002” in turn repealed RA No. 6425.

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F. CRIMES AGAINST e. Paik que, high and low,
mahjong, domino and other
PUBLIC MORALS [ARTS. games using plastic tiles and
the likes;
194 - 202] f. Slot machines, roulette, pinball
and other mechanical
1. Chapter I: Gambling and contraptions and devices;
Betting g. Dog racing, boat racing, car
racing and other forms of
races;
a. PD. 1602 (Anti-Gambling Law) h. Basketball, boxing, volleyball,
as amended by RA 9287 [Anti- bowling, pingpong and other
forms of individual or team
Illegal Numbers Games Law] contests to include game fixing,
point shaving and other
Note: Articles 195-199 of the RPC, R.A. 3063 machinations;
(Horse racing Bookies), P.D. 449 i. Banking or percentage game,
(Cockfighting), P.D. 483 (Game Fixing), P.D. or any other game scheme,
510 (Slot Machines) in relation to Opinion Nos. whether upon chance or skill,
33 and 97 of the Ministry of Justice, P.D. 1306 wherein wagers consisting of
(Jai-Alai Bookies) and other City and Municipal money, articles of value or
Ordinances or gambling which are inconsistent representative of value are at
with this decree are hereby repealed [Sec. 3, stake or made;
PD 1602] 2. Knowingly Permitting any form of
gambling referred to in the preceding
Gambling subparagraph to be carried on in an
Gambling is any game or scheme, whether inhabited or uninhabited place or in any
upon chance or skill, wherein wagers building, vessel or other means of
consisting of money, articles or value or transportation owned or controlled by
representative of value are at stake or made him.
[Sec. 1, PD 1602]
Qualifying Circumstance: If the place where the
f. Article 199 – Illegal Cockfighting illegal gambling is carried on has a reputation
[amended by PD 449] of a gambling place or that prohibited gambling
is frequently carried on therein, or the place is
ACTS PUNISHED: [TaP-PoM-BaS] a public or government building or barangay
Note: Article 195, which enumerates the acts hall, a higher penalty will be imposed [Sec.
punishable, has been wholly repealed by Sec. 1(a)(1), PD 1602]
1, PD 1602.
3. Possessing any lottery list, paper or
1. Taking part, directly or indirectly, in any other matter containing letters, figures,
illegal or unauthorized activities or signs or symbols pertaining to or in any
games of: manner used in the mentioned games
a. Cockfighting, jueteng, jai alai or of lotteries and numbers which have
horse racing to include bookie taken place or about to take place,
operations and game fixing, knowingly and without lawful purpose
numbers, bingo and other in any hour of any day.
forms of lotteries; 4. Maintaining or conducting above
b. Cara y cruz, pompiang and the gambling schemes.
like;
c. 7-11 and any game using dice; Maintainer, Manager or Operator
d. Black jack, lucky nine, poker Any person who maintains, manages or
and its derivatives, monte, operates any illegal number game in a specific
baccarat, cuajao, pangguingue area from whom the coordinator, controller or
and other card games; supervisor, and collector or agent take orders.
[Sec. 2(i), RA 9287]

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Qualifying Circumstance: If the maintainer, chance to obtain a prize. It has 3 elements: 1)
conductor or banker of said gambling schemes Consideration, 2) Chance, 3) Prize or some
is a government official, or where such advantage or inequality in amount or value
government official is the player, promoter, which is in the nature of a prize [U.S. vs. Filart,
referee, umpire, judge or coach, the official G.R. No. 10263 (1915)].
shall be temporarily absolutely disqualified and
higher penalty will be imposed [Sec. 1(c), PD Elements: [CCP]
1602] 1. Consideration;
5. Failing to abate illegal gambling or take 2. Chance; and
action in connection therewith by a 3. Prize or some advantage or inequality
Barangay official who has knowledge in amount or values which is in the
of the existence of a gambling house or nature of a prize [Uy v. Palomar, G.R.
place in his jurisdiction. No. L-23248, (1969)]
6. Any Security officer, security guard,
watchman, private or house detective No Lottery when there is Full Value of
of hotels, villages, buildings, Money
enclosures and the like which have the There is no lottery when there is full value for
reputation of a gambling place or money and the prize is merely incidental, this
where gambling activities are being is because the player obtains full value of his
held. money.

Spectators are Not Liable in Gambling

A mere bystander or spectator in a gambling b. RA 9287: INCREASING THE
game is not criminally liable because he does PENALTY FOR ILLEGAL
not take part therein [U.S. vs. Palma, G.R. No. NUMBERS GAMES
2188, (1905)].

Playing for Money is Not an Essential Element Illegal Numbers Game

When the law names the games, punishing any Any form of illegal gambling activity which uses
person who take part therein, its purpose is to numbers or combinations thereof as factors in
prohibit absolutely those games regardless giving out jackpots. [Sec. 2(a), RA 9287]
whether or not money is involved [U.S. v.
Rafael, 23 Phil. 184]. Persons Liable [Sec. 3, RA 9287]:
The law punishes any person who
Informer’s Reward participates in any illegal numbers game
Any person who shall disclose information that who: [BS-VCCMFC]
will lead to the arrest and final conviction of the 1. Acts as a Bettor;
malefactor shall be rewarded 20% of the cash 2. Acts as a Personnel or Staff of an
money or articles of value confiscated or illegal numbers game operation;
forfeited. [Sec. 3, PD 1602] 3. Allows his Vehicle, house, building or
land to be used in the operation of the
Letter of Instruction No. 816 illegal numbers games;
The games of domino, bingo, poker when not 4. Acts as a Collector or agent;
played with five cards stud, cuajo, 5. Acts as a Coordinator, controller or
pangguingue and mahjong, provided that they supervisor;
are played as parlor games or for home 6. Acts as a Maintainer, manager or
entertainment, and provided further, that they operator;
are not played in places habitually used for 7. Acts as a Financier or capitalist; and
gambling and the betting is not disguised to 8. Acts as protector or Coddler.
defeat the intent of Presidential Decree No.
1602, are hereby exempted. Possession of Gambling
Paraphernalia as Prima Facie
Lottery evidence
It is a scheme for the distribution of prizes by Possession of any gambling paraphernalia and
chance among persons who have paid, or other materials used in the illegal numbers
agreed to pay, a valuable consideration for the game operation shall be deemed prima facie
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evidence of any offense covered by this Act. any game, races and other sports contest.
[Id.] [Sec. 1(a), PD 483]

c. Article 196 – Importation, Sale and Game-fixing

Possession of Lottery Tickets and Any arrangement, combination, scheme or
Advertisements agreement by which the result of any game,
races or sports contests shall be predicted
and/or known other than on the basis of the
Acts Punished: [IPSS] honest playing skill or ability of the players or
1. Importing into the Philippines from any participants. [Sec. 1(b), PD 483]
foreign place or port any lottery ticket or
advertisement;
2. Possessing, knowingly and with intent Point-shaving
to use, lottery tickets or Any such arrangement, combination, scheme
advertisements; or agreement by which the skill or ability of any
3. Selling or distributing the same in player or participant in a game, races or sports
connivance with the importer; and contests to make points or scores shall be
4. Selling or distributing the same without limited deliberately in order to influence the
connivance with the importer [Reyes, result thereof in favor of one or other team,
Book Two] player or participant therein. [Sec. 1(c), PD
483]
Presumption of Intent
The possession of any lottery ticket or Game-machinations
advertisement is prima facie evidence of an Any other fraudulent, deceitful, unfair or
intent to sell, distribute or use the same. [Art. dishonest means, method, manner or practice
196 (3), RPC] employed for the purpose of influencing the
result of any game, races or sport contest.
Lottery Tickets Need Not be Genuine [Sec. 1(d), PD 483]
It is not necessary that the lottery tickets be
genuine, as it is enough that they be given the Offenders Punished [Sec. 3, PD 483]:
appearance of lottery tickets [U.S. vs. Reyes, [OOG]
G.R. 7260, (1912)]. 1. An Official, such as promoter, referee,
umpire, judge, or coach in the game,
d. Article 197 – Betting in Sports race or sports contests, or the manager
Contests (Repealed by PD 483) or sponsor of any participating team,
individual or player therein, or
participants or players in such games,
PD 483 - PENALIZING BETTING, races or other sports contests;
GAME FIXING OR POINT-SHAVING 2. Any other Offender;
AND MACHINATIONS IN SPORT 3. An official or employee of any
CONTESTS Government office or agency
concerned with the enforcement or
Prohibited Acts administration of laws and regulations
Game-fixing, point-shaving, machination, as on sports.
defined in the preceding section, in connection
with the games of basketball, volleyball, e. Article 198 – Illegal Betting On
softball, baseball; chess, boxing bouts, Horse Races [Repealed by Act. 309,
"jaialai", "sipa", "pelota" and all other sports as amended by RA 983]
contests, games or races; as well as betting
therein except as may be authorized by law
[Sec. 2, PD 483]
Acts Punished: [BM]
1. Betting on horse races during the
periods not allowed by law; and
Betting 2. Maintaining or employing a totalizer or
Betting money or any object or article of value other device or profit therefrom, during
or representative of value upon the result of periods not allowed by law.
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Games and Amusements Board Persons Liable [Art. 199, as amended
The supervision and regulation of horse-races by PD 449]: [DOrC-FA]
in the Philippines shall be vested in a 1. Any person who directly or indirectly
Commission on Races (now called the Games participates in cockfights, by betting
and Amusements Board) [RA 309, as money or other valuable things on a
amended by RA 983]. Day other than those permitted by law;
2. Any person who directly or indirectly,
Days When Horse Racing is Allowed Organizes cockfights at which bets are
vs. Days when Horse Racing is NOT made, on a day other than those
Allowed [RA 309 Sec. 4, as amended permitted by law;
3. Any person who directly or indirectly
by Sec. 1, RA. 983] participates in cockfights, at a place
Days When Horse Days When Horse other than a licensed Cockpit.
Racing is Racing is Not 4. When the offender is the Financer,
Permitted [SSH - Permitted owner, manger or operator of cockpit,
IRVThF] [JD-VThF] or the gaffer, referee or bet taker in
cockfights; or
1. Sundays not 1. July 4th of each 5. Allowing, promoting or participating in
reserved by the year [RA 137] any other kind of gambling in the
Commission; premises of cockfights during
2. December 30 of cockfights.
2. 24 Saturdays as each year [RA 229]
determined by the Days Cockfighting is allowed [Sec.
Commission; and 3. Any registration or 5(d), PD 449]:
Voting day [RA 180]
1. Sundays;
3. Legal Holidays,
2. Legal Holidays, EXCEPT:
except: 4. Holy Thursday
a. Rizal Day;
a. Independence and Good Friday
b. Independence Day;
Day;
c. National Heroes Day;
b. Rizal Day;
d. Holy Thursday;
c. Registration or
e. Good Friday;
Voting day;
f. Election or Referendum Day;
d. Holy Thursday;
and
and
g. During the Registration Days
e. Good Friday
for Election or Referendum;
3. During local fiestas for not more than 3
Race held the Same Day is a Separate days; and
Offense 4. During provincial, city or municipal,
Any race held in the same day at the same agricultural, commercial or industrial
place shall be held punishable as a separate fair, carnival or exposition for a similar
offense [Art. 198(2), RPC]. period of 3 days

f. Article 199 – Illegal Cockfighting Spectators in a Cockfight Are Not

[amended by PD 449] Liable
The decree [Sec. 8, PD 449] does not punish a
Cockfighting person attending as a spectator in a cockfight.
Shall embrace and mean the commonly known
game or term "cockfighting derby, pintakasi or
tupada", or its equivalent terms in different
Philippine localities. [Sec. 4(a), PD 449]

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2. Chapter II: Offenses Against required knowledge is
Decency and Good Customs required.

Degree of Publicity
a. Article 200 – Grave Scandal
Criminal Liability Degree of publicity is
Elements: [PSNP] arises irrespective of an essential element
1. The offender Performs an Act/s; whether the immoral of the crime.
2. Such act/s are highly Scandalous as act is open to the
offending against decency or good public’s view.
customs;
3. The highly scandalous conduct is Not
Note: When the act is committed at night, in a
expressly falling within any other Art. of
private house, and only one person was
the RPC; and
present, this does not constitute the degree of
Note: In conducts involving
publicity which is an essential element of the
lasciviousness, it is grave
crime [U.S. vs. Catajay, G.R. No. 2785,
scandal only where there is
(1906)].
mutual consent. (Boado)
4. The act/s complained of are committed
in a Public place or within the Public b. Article 201 – Immoral Doctrines,
knowledge or view [U.S. vs. Obscene Publications and Exhibitions
Samaniego, G.R. No. 5115, (1909)]. and Indecent Shows (as amended by
PD 960 and 969)
Grave Scandal
Consists of acts which are offensive to decency
and good customs which, having been
Persons Liable: [PA-ExGSRDC-S]
committed publicly, have given rise to public 1. Those who shall Publicly expound or
scandal to persons who have accidentally proclaim doctrines openly contrary to
witnessed the same [U.S. v. Catajay, 6 Phil. public morals;
399]. 2. Authors of obscene literature,
published with their knowledge in any
form; the editors publishing such
Decency literature; and the owners/operators of
Propriety of conduct, proper observance of the the establishment selling the same;
requirement of modesty, good taste, etc. [See Note: Author is liable only when it is published
U.S. v. Kottinger, 45 Phil. 352]. with his knowledge [Art. 201, Revised Penal
Code]
Customs 3. Those who, in theaters, fairs,
Established usage and social conventions cinematographs or any other place,
carried on by tradition and enforced by social Exhibit, indecent or immoral plays,
disapproval of any violation thereof [See scenes, acts or shows, whether live or
Black’s Law Dictionary]. in film, which are prescribed by virtue
hereof, and shall include those which:
Act/s Must be Performed In: a. Glorify criminals or condone
1. Public place; or crimes;
2. Private place within public knowledge b. Serve no other purpose but to
or view [U.S. vs. Samaniego, G.R. No. satisfy the market for violence,
5115, (1909)] lust or pornography;
c. Offend any race or Religion;
Public Place vs. Private Place [U.S. vs. d. Tend to abet traffic in and use
Samaniego, G.R. No. 5115, (1909)] of prohibited Drugs; and
e. Contrary to law, public order,
Public Place Private Place
morals, and good customs,
established policies, lawful
Public View Requirement
orders, decrees and edicts
Public view is not Public view or public
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4. Those who shall Sell, give away or The reaction of the public during the
exhibit films, prints, engravings, performance of a dance by one who
sculpture or literature which are had nothing to cover herself with,
offensive to morals. except nylon patches over her breasts
and too abbreviated pair of nylon
Distribution is the Act Punished panties to interrupt her stark
Hence, the isolated, casual or occasional act of nakedness should be made the gauge
giving such kind of literature to a single in the determination of whether the
recipient is not punishable [People v. dance or exhibition was indecent or
Tempongko, 1 C.A. Rep. 317]. immoral [People v. Aparici, C.A. 52
O.G. 249 (1955)].
Definition of Terms:
1. Moral - Implies conformity with the An actual exhibition of the sexual act
generally accepted standards of can have no redeeming feature—no
goodness or rightness in conduct or room for art. Therefore, it is a clear and
character, sometimes, specifically to unmitigated obscenity [People v.
sexual conduct [See Fernando v. CA, Padan, G.R. No. L-7295 (1957)].
510 SCRA 351, G.R. No. 159751, Dec.
6, 2006, re: Obscenity; see also Miller Test of Obscenity: [From Miller v.
REYES, Book II] California, 413 U.S. 15 (1973) – adopted in
2. Indecency - An act against the good Fernando v. CA, G.R. No. 159751 (2006)]
behavior and a just delicacy [U.S. vs. 1. Whether the average person, applying
Kottinger, G.R. No. L-20569, (1923)] contemporary standards, would find
3. Obscenity - Something offensive to the work, taken as a whole, appeals to
chastity, decency or delicacy [U.S. vs. prurient interest (excessive interest in
Kottinger, G.R. No. L-20569, (1923)] sexual matters);
2. Whether the work depicts, in a patently
The test of obscenity: offensive way, sexual conduct
1. The test is objective. specifically defined by the applicable
2. It is more on the effect upon the viewer state law;
and not alone on the conduct of the 3. Whether the work, taken as a whole,
performer. lacks serious literary, artistic, political
3. If the material has the tendency to or scientific value.
deprave and corrupt the mind of the
viewer then the same is obscene and Note: This is the prevailing law as held in
where such obscenity is made publicly, Demata v. People, (G.R. No. 228583, 15
criminal liability arises. September 2021). However, this case was
4. As long as the pornographic matter or decided beyond the cut-off point for the 2022
exhibition is made privately, there is no Bar being 30 June 2021.
crime committed under the Revised
Penal Code because what is protected Publicity is Essential to be Liable
is the morality of the public in general. Mere possession of obscene materials, without
intention to sell, exhibit, or give them away, is
not punishable since the purpose of the law is
Cases on Obscenity to prohibit the dissemination of obscene
Postcards of Philippine inhabitants in
materials to the public [Fernando v. CA, G.R.
native attire were not considered
No. 159751, (2006)].
obscene because the aggregate
judgment of the community, and the
moral sense of the people were not c. Article 202 – Vagrants and
shocked by those pictures. They were Prostitutes (as amended by RA 10158)
not offensive to chastity but merely
depicted persons as they actually lived Note: RA 10158 has decriminalized Vagrancy,
[People v. Kottinger, G.R. No. L-20569 thus Art. 202 now penalizes prostitution only
(1923)]. and all pending cases that that were or are
under the provisions of Article 202 of the RPC
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on Vagrancy prior to its amendment by this RA
10158 shall be dismissed upon effectivity of the
Act. [Sec. 2, RA 10158]

Also: Although beyond the June 30, 2021 cut-

off for the 2022 Bar Exams, R.A. 11862 –
passed in 2022 – has amended the Anti-
Trafficking in Persons Act, and repealed this
provision.

Prostitution [Art. 202(2), RPC]

A woman is a prostitute when:
1. She Habitually indulges in:
a. Sexual intercourse, or
b. Lascivious conduct
2. For Money or profit.

The Following are NOT Acts of Prostitution:

1. One sexual encounter for money does
not make a woman a prostitute. The
provision uses the qualifier “habitually”.
[Art. 202, Revised Penal Code]
2. Several intercourses with different men
does not make a woman a prostitute, if
there is no evidence that she indulged
in sexual intercourse for money or
profit. [Id.]

Note: See the Special Penal Laws Reviewer for

a more in-depth discussion on prostitution vis-
à-vis the Anti-Trafficking of Persons Act.
Notably, “prostitutes” under the Act are under a
different contemplation. Namely, (a) prostitutes
can be men or women, and (b) under the
ATPA, prostitutes are victims and not
perpetrators. The perpetrators are those who
abuse them.

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G. CRIMES COMMITTED BY Coverage of GOCCs
GOCCs created by law are covered while
PUBLIC OFFICERS [ARTS. GOCCs registered with the SEC (including
203 - 245] sequestered companies) are not [Macalino v.
Sandiganbayan, G.R. Nos. 140199-200
(2002)].
1. Chapter I: Preliminary
Provisions Based on RA 8249, presidents, directors,
trustees, and managers of all GOCCs,
regardless of type, are subject to the
a. Article 203 – Who Are Public jurisdiction of the Sandiganbayan when they
Officers are involved in graft and corruption [People v.
Sandiganbayan, G.R. No. 167304 (2009)].
Elements [P-SEA-LEA]:
A public officer is one who: 2. Chapter II: Malfeasance and
1. Takes part in the Performance of public
functions in the government; Misfeasance in Office
2. Performs in said government or in any
of its branches public duties as an Malfeasance The performance of
Employee, Agent or Subordinate (Direct Bribery and an act which ought
official, of any rank or class; and Indirect Bribery) not to be done.
3. His authority to take part in the
performance of public functions or to Misfeasance (see Improper
perform public duties must be: Arts. 204-207: acts performance of
a. By direct provision of the Law; by a judge) some act which
b. By popular Election; or might lawfully be
c. By Appointment by competent done.
authority
Nonfeasance Omission of some
“Public Officers” Includes Every Public (Prosecution) act which ought to be
Servant performed.
The term “public officers” embraces every
public servant from the highest to lowest rank.
The distinction between “officer” and SECTION 1. Dereliction of Duty
“employee” for the purposes of the RPC is
obliterated [Macalino v. Sandiganbayan, G.R. a. Article 204 – Knowingly Rendering
Nos. 140199-200 (2002)].
Unjust Judgment; and
“Public Officer” b. Article 205 – Judgment Rendered
includes elective and appointive officials and Through Negligence
employees, permanent or temporary:
1. Career or non-career service, including Elements
military and police personnel, whether
Knowingly Judgment
compensated or not [Sec. 3(b), RA
Rendering Unjust Rendered Through
6713]
Judgment Negligence
2. Classified or unclassified or exempt
[JSUK] [JSMN]
service receiving compensation, even
[Art. 204] [Art. 205]
nominal, from the government. [Sec.
2(c), RA 3019] 1. Offender is a Judge

What are Considered “Official Duties” 2. He renders a judgment in a case

Those which are in one’s capacity to perform Submitted to him for decision
by reason of his office [Dacumos v.
Sandiganbayan, G.R. No. 95000 (1991)]. 3. Judgment is 3. Judgment is
Unjust Manifestly unjust

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4. Judge Knows that 4. It is due to his 643 (1992)] Villanueva, A.M. No.
his judgment is inexcusable MTJ-92-643 (1992) ].
unjust Negligence or
ignorance
Sources of Unjust Judgment [ERB]
As to Requirement of Bad Faith 1. Error,
2. Ill will or Revenge, or
Required. Not required in 205 3. Bribery. [Reyes, Book II]
Accordingly, mere because it is based
error which was on negligence or Declaration that Decision/Order is
committed in good ignorance. Unjust
faith is a proper Before a criminal action against a judge for
defense [Heirs of
violation of Articles 204 and 205 can be
Yasin v. Felix, A.M. entertained, there must be a trial or
No. RTJ-94-1167 authoritative judicial declaration that his
(1995)].
decision or order is really unjust which may
result from either an action of certiorari or
Bad Faith in rendering an unjust decision prohibition in a higher court. [De Vera v.
must still be proven Pelayo, G.R. No. 137354 (2000)]
Malice or bad faith on the part of the judge in
rendering an unjust decision must still be Not Applicable to Collegiate Courts
proved and failure on the part of the The offense refers only to a judgment of an
complainant to prove the same warrants the individual judge in his court, and not to the
dismissal of the administrative complaint judgment rendered in a collegial court by the
[Alforte v. Santos, A.M. No. MTJ-94-914 members thereof [In Re: Wenceslao Laureta,
(1995)]. G.R. No. L-68635 (1987); In Re: Joaquin T.
Borromeo, A.M. No. 93-7-696-0 (1995)].
Test to Determine an Unjust Order or
Judgment Rationale: This is because collegiate courts
The test to determine whether an order or reach their collective judgment after due
judgment is unjust is that such may be inferred deliberation and consultation among the
from the circumstances that it is contrary to law members. [Id.]
or is not supported by evidence [Louis Vuitton
S.A. v. Judge Villanueva, A.M. No. MTJ-92-643 c. Article 206 – Unjust Interlocutory
(1992)]. Order

Unjust vs. Manifestly Unjust Elements [J-KuMi]:

Judgment 1. Offender is a Judge; and
Unjust Judgment Manifestly Unjust 2. He performs any of the following acts:
Judgment a. Knowingly rendering an unjust
interlocutory order or decree;
One which is One which is so or
contrary to law or is manifestly contrary b. Rendering a Manifestly unjust
not supported by the to law that even a interlocutory order or decree
evidence, or both person having basic through inexcusable
knowledge of the law negligence or ignorance.
A judgment is said to cannot doubt the
be unjust when it is injustice. Abuse of d. Article 207 – Malicious Delay in the
contrary to the discretion or mere Administration of Justice
standards of conduct error of judgment is
prescribed by law not punishable [See Elements [JP-DeM]:
[Louis Vuitton S.A. v. Black’s Law
1. Offender is a Judge;
Judge Villanueva, Dictionary; Louis
2. There is a Proceeding in his court;
A.M. No. MTJ-92- Vuitton S.A. v. Judge
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3. He Delays in the administration of Crime Must Be Proven
justice; and “Negligence” means neglect of duty by
4. The delay is Malicious, that is, with maliciously failing to move the prosecution and
deliberate intent to inflict damage on punishment of the delinquent. The crime
either party in the case. committed by the law violator must be proved
first [US v. Mendoza, G.R. No. 7540 (1912)].
e. Article 208 – Prosecution of
Offenses; Negligence and Tolerance Liability of Offender
• Also known as Prevaricacion 1. Liability is as a principal in dereliction of duty
not merely an accessory to the crime. The
Punishable Acts [RT]: article directly punishes dereliction of duty. [Art.
1. Maliciously Refraining from instituting 208, Revised Penal Code]
prosecution against violators of the
law; or Liability of the public officer who,
2. Maliciously Tolerating the commission having the duty of prosecuting the
of offenses. offender, harbored, concealed, or
assisted in the escape of the latter, is
that of a principal in the crime of
Elements: dereliction of duty in the prosecution of
Mode 1: Refraining Mode 2: Tolerating the offense.
from Instituting the Commission of
Prosecution [PNM] Offenses [PTM] Liability under PD 1829
(Penalizing obstruction of apprehension and
1. Offender is a public officer or officer of prosecution of criminal offenders) - any person
the law who has a duty to cause the who solicits, accepts, or agrees to accepting
Prosecution of, or to prosecute, offenses; any benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a
2. Dereliction of duty: 2. Dereliction of duty: criminal offender is liable [Sec. 1(g), PD 1829].
knowing the knowing that a crime
commission of the is about to be
crime, he does Not committed, he f. Article 209 – Betrayal of Trust by an
cause the Tolerates its Attorney or a Solicitor – Revelation of
prosecution of the commission Secrets
criminal
Punishable Acts [DRO]:
3. Malice and deliberate intent to favor the 1. Causing Damage to his client, either:
violator of the law 2. Revealing any of the secrets of his
client learned by him in his professional
capacity;
Who are Public Officers
a. By any malicious breach of
Officers of the prosecution department, whose
professional duty;
duty is to institute criminal proceedings for
b. By inexcusable negligence or
felonies upon being informed of their
Ignorance.
perpetration (e.g., city attorney, fiscal) [See
3. Undertaking the defense of the
Macalino v. Sandiganbayan, G.R. Nos.
Opposing party in the same case,
140199-200 (2002)], Sec. 3(b), RA 6713, Sec.
without the consent of his first client,
2(c), RA 3019].
a. After having undertaken the
defense of said first client, or
Who are Officers of the Law b. After having received
Those who, by reason of the position held by confidential information from
them, are duty-bound to cause prosecution and said client.
punishment of offenders (e.g., chief of police,
barrio captain). [Id.]

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Requirement of Damage Penalty Prision Imprisonment
[Reyes, Book II; Art. 209, Revised Penal Correcional for not less
Code] minimum than one year
Mode 1: Mode 2: Mode 3: OR a fine nor more than
Malicious Revealing Undertaking ranging from ten years (1
Breach or of Secrets Defense of P40,000 to year < x < 10
Inexcusable Opposing P200,000 years)
Negligence Party OR both
Perpetual
Required; Not Not disqualification
without required; required; from public
damage, at revelation what is office
most he will be in itself is punished is
administratively punishable the taking of Confiscation
liable (e.g., [Id.] the case or forfeiture in
suspension or without the favor of the
disbarment consent of Government of
under the CPR) his 1st client any prohibited
interest and
unexplained
wealth
manifestly out
Privileged Communication only of proportion
covers Past Crimes to his salary
A distinction must be made between and other
confidential communications relating to past lawful income
crimes already committed, and future crimes
intended to be committed by the client. The
attorney-client privilege only covers past
crimes [People v. Sandiganbayan, supra].

Revelation of any of the secrets of the

client (Art. 209) cf. RA 3019 Sec. 3(k)
Art. 209 RA 3019 Sec.
3 (k)

Punishable Revealing Divulging

Act any of the valuable
secrets of information of
his client a confidential
learned by character,
him in his acquired by
professional his office or by
capacity him on
account of his
official position
to
unauthorized
persons, or
releasing such
information in
advance of its
authorized
release date

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SECTION 2. Bribery Crime in connection with the
performance of his official duty
g. Article 210 – Direct Bribery 2. Accepting a gift in consideration of the
Execution of an act which does not
constitute a crime, in connection with
Punishable Acts [CER]: the performance of his official duty
1. Agreeing to perform/performing, in 3. Agreeing to Refrain/refraining from
consideration of any offer, promise, doing something in his official duty in
gift, or present – an act constituting a consideration of a gift or promise.
Elements:
Mode 1: Agreeing to commit/ Mode 2: Execution of an Act Mode 3: Agreeing to
committing a Crime [PACD] that is unjust but is not a refrain/refraining from doing
crime [PAUD] his duty [PARD]

1. Offender is a Public officer under Article 203

2. Accepts an offer or a promise 2. Accepts a Gift or present by 2. Accepts an offer or a

or receives a gift or present by himself or through another promise or receives a gift or
himself or through another present by
The GIFT must have a value or himself or through another
be capable of pecuniary
estimation. It could be in the
form of money, property or
services. It cannot consist of a
mere offer or promise of a gift.

3.In consideration of which, he 3. In consideration of which, he 3. In consideration of which, he

agrees to perform an act agrees to execute an act which agrees to Refrain from doing
constituting a Crime does not constitute a crime, but something which it is his official
the act must be Unjust duty to do

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.

4. The act which offender agrees to perform or which he executes be connected with the
performance of his official Duties

As to Acceptance of Gift

Not required (acceptance of Required. The gift must have a Not required (acceptance of
offer is sufficient). value or must be capable of offer is sufficient).
pecuniary estimation. It cannot
consist of a mere offer or
promise of a gift. [Reyes, Book
II]

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No Stage of Frustrated Bribery Bribery exists when the gift is:
1. Voluntarily offered by a private person;
If one party does not concur, then there is no 2. Solicited by the public officer and
agreement and not all the acts necessary to voluntarily delivered by the private
commit the crime were present. [Art. 210, person; or
Revised Penal Code; Regalado] 3. Solicited by the public officer but the
private person delivers it out of fear of
Temporary Performance of Public the consequences should the public
Functions officer perform his functions (here the
Temporary performance of public functions is crime by the giver does not fall under
sufficient to constitute a person a public officer corruption of public officials due to the
for purposes of bribery. [Maniego v. People, involuntariness of the act). [People v.
G.R. No. L-2971 (1951)] Sope, G.R. No. L-16 (1946)]

Direct Bribery vs. RA 3019 (Anti-Graft and Corrupt Practices Act) Sec. 3(b) vs. Indirect Bribery
vs. Qualified Bribery [Merencillo v. People, G.R. No. 142369-70, (2007)]
Direct Bribery Sec 3(b) RA 3019 Indirect Bribery Qualified Bribery
[Art. 210, RPC] [Art. 211, RPC] [Art. 211-A, RPC]

As to Promise or Gift

Acceptance of a Mere request or The gift must be The refusal to arrest or

promise or offer or demand of a gift, accepted by the public prosecute an offender
receipt of a gift or present, share, officer. The must be in
present is required percentage or benefit acceptance of a mere consideration of any
is enough promise or offer of offer, promise, gift, or
such gift does not present
make a public officer
liable under Art 211

As to Scope

Wider and more Limited to contracts or Simply offered by The public officer
general scope: transactions involving reason of his office and entrusted with law
a. Performance of an monetary not for the enforcement refrains
act constituting a consideration where performance of a from arresting or
crime; the public officer specific act prosecuting an
b. Execution of an has the authority to offender who has
unjust act which does intervene under the committed a crime
not constitute a crime; law punishable by
and reclusion perpetua
c. Agreeing to refrain and/or death
or refraining from doing
an act which is his
official duty to do

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h. Article 211 – Indirect Bribery No Frustrated or Attempted Stages
Always in the consummated stage, because it
is committed by accepting gifts offered to an
Elements [PuGO]:
official by reason of his office. If the gift is
1. Offender is a Public officer;
rejected, there is no bribery. If the gift is
2. He accepts Gifts;
accepted, there is bribery. [Art. 211, Revised
3. Gifts are offered to him by reason of his
Penal Code; Reyes, Book II]
Office.

Direct Bribery vs. Indirect Bribery Mere Physical Receipt is Insufficient

There must be clear intention on the part of the
Direct Bribery Indirect Bribery public officer to take the gift offered and
[Art 210, RPC] [Art 211] consider the property as his own for that
moment. Mere physical receipt
As to Requirement of Acceptance of Gift unaccompanied by any other sign,
circumstance or act to show such acceptance
Mere acceptance of The gift must be is not sufficient. [Formilleza v. Sandiganbayan,
the promise or offer accepted by the G.R. No. 75160 (1988)]
of such gift public officer. The
consummates the acceptance of a
i. Article 211-A – Qualified Bribery
crime (1st and 3rd mere promise or
modes). offer of such gift does
Acceptance of the not make a public Elements [LAC]:
gift is only necessary officer liable under 1. Offender is a public officer entrusted
for the 2nd mode. Art 211. with Law enforcement;
2. He refrains from Arresting or
Reason for the Gifts/Promise/Offer prosecuting an offender who has
committed a crime punishable by
In consideration of By reason of his reclusion perpetua and/or death;
the agreement of the office and not for the 3. Offender refrains from arresting or
officer to performance of a prosecuting in Consideration of any
perform or refrain specific act. offer, promise, gift, or present.
from doing an act or
the commission of a Effect if Penalty Imposable is Lower
crime. than Reclusion Perpetua or Death
If the penalty imposed is lower than reclusion
“Gift" refers to a thing or a right to dispose of perpetua and/or death, the crime is direct
gratuitously, or any act or liberality, in favor of bribery and dereliction of duty. [Art. 210,
another who accepts it, and shall include a Revised Penal Code]
simulated sale or an ostensibly onerous
disposition thereof. It shall not include an Absorption
unsolicited gift of nominal or insignificant value The dereliction of the duty punished under
not given in anticipation of, or in exchange for, Article 208 of the Revised Penal Code is
a favor from a public official or employee. [Sec. absorbed in Qualified Bribery.
3(c), RA 6713]

“Receiving any gift" includes the act of

Guilt of Offender is a Prejudicial
accepting directly or indirectly a gift from a Question
person other than a member of the public The guilt of the offender is a prejudicial
officer's immediate family, in behalf of himself question to the liability of the officer for qualified
or of any member of his family or relative within bribery. [US v. Mendoza, G.R. No. 7540
the fourth civil degree, either by consanguinity (1912)]
or affinity, even on the occasion of a family
celebration or national festivity like Christmas, Qualifying Circumstance
if the value of the gift is under the If it is the public officer who demands or asks
circumstances manifestly excessive. [Section for such gift, the penalty is death. [Art. 211-A,
2(c), RA 3019] Revised Penal Code]
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j. Article 212 – Corruption of Public penalized in the same manner as the offender-
Officials public officer and prohibited from transacting
business in any form with the government.
Elements [OB]:
1. Offender makes Offers or promises or Corruption of Public Officials vs.
gives gifts or presents to a public Bribery
officer; and Corruption of Bribery
2. Offers or promises are made or the Public Officials
gifts or presents given to a public
officer, under circumstances that will As to the Offender
make the public officer liable for direct
Bribery or indirect bribery. The offender is the The offender is the
giver of gifts or public officer who
Person Offering (Offeror) is Punished offeror of promise accepts such offers
The offender is the giver of the gift or the offeror or gifts (See: Arts.
of the promise. This applies even if the gift was 210 to 211-A)
demanded by the public officer. [Reyes, Book
II]

Note: Under RA 3019, the person giving a gift,

present, etc, under sec. 3 shall also be

Corruption of Public Officials cf. RA 3019 (Anti-Graft and Corrupt Practices Act)
Sec. 3 (a)
Art. 212 RA 3019 Sec. 3(a)

Punishable The offender makes offers, Persuading, inducing or influencing another public
Act promises, or gives officer to perform an act constituting a violation of
gifts/presents to a public rules and regulations duly promulgated by competent
officer under circumstances authority or an offense in connection with the official
that will make the public duties of the latter, or allowing himself to be
officer liable for direct persuaded, induced, or influenced to commit such
bribery or indirect bribery violation or offense.

Penalty The same penalties Imprisonment for not less than one year nor more
imposed upon the officer than ten years (1 year < x < 10 years)
corrupted
Perpetual disqualification from public office

Confiscation or forfeiture in favor of the Government

of any prohibited interest and unexplained wealth
manifestly out of proportion to his salary and other
lawful income

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No Frustrated Stage 3. Chapter III: Frauds and Illegal
There is no frustrated corruption or bribery
because both crimes require the concurrence Exactions and Transactions
of the will of the corruptor and public officer.
[Art. 212, Revised Penal Code] a. Article 213 – Fraud Against the
Public Treasury and Similar Offenses
Forfeiture of Property in Favor of the
State [R.A. 1379] Punishable Acts: [EnD-ReC]
Whenever any public officer or employee has 1. Entering into an agreement with any
acquired during his incumbency an amount of interested party or speculator or
property which is manifestly out of proportion to making use of any other scheme, to
his salary as such public officer or employee defraud the government, in dealing
and to his other lawful income and the income with any person with regard to
from legitimately acquired property, said furnishing supplies, the making of
property shall be presumed prima facie to have contracts, or the adjustment or
been unlawfully acquired. If the respondent is settlement of accounts relating to
unable to show to the satisfaction of the court public property or funds;
that he has lawfully acquired the property in 2. Demanding, directly or indirectly, the
question, then the court shall declare such payment of sums different from or
property, forfeited in favor of the State. larger than those authorized by law, in
collection of taxes, licenses, fees, and
The following shall be exempt from other imposts;
3. Failing voluntarily to issue a Receipt,
prosecution or punishment for the
as provided by law, for any sum of
offense with reference to which his money collected by him officially, in the
information and testimony was given: collection of taxes, licenses, fees and
1. Any person who voluntarily gives other imposts;
information about any violation of 4. Collecting or receiving, directly or
a. Articles 210, 211, and 212 of indirectly, by way of payment or
the RPC; otherwise, things or objects of a nature
b. R.A. 3019, as amended; different from that provided by law, in
c. Section 345 of the Internal the collection of taxes, licenses, fees
Revenue Code and Section and other imposts
3604 of the Tariff and Customs
Code and other provisions of
the said Codes penalizing
Elements of Fraud against Public
abuse or dishonesty on the part Treasury (par.1) [POED]:
of the public officials 1. Offender is a Public officer
concerned; 2. He took advantage of his public office;
d. Other laws, rules and he intervened in the transaction in his
regulations punishing acts of Official capacity
graft, corruption and other 3. He Entered into an agreement with any
forms of official abuse; interested party or speculator or made
2. Any person who willingly testifies use of any other scheme with regard to:
against any public official or employee a. Furnishing supplies
for such violation. (Section 1, PD 749) b. The making of contracts or
c. Adjustment or settlement of
accounts relating to public
property or funds
4. Accused had intent to Defraud the
Government

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Art. 213, par. 1 cf. RA 3019 (Anti-Graft and Corrupt Practices Act) Sec. 3(g)
Art. 213, par. 1 RA 3019 Sec. 3 (g)

Punishable Act Entering into an agreement with Entering, on behalf of the

any interested party or speculator Government, into any contract or
or making use of any other transaction manifestly and grossly
scheme, to defraud the disadvantageous to the same,
government, in dealing with any whether or not the public officer
person with regard to furnishing profited or will profit thereby
supplies, the making of contracts,
or the adjustment or settlement of
accounts relating to public property
or funds

Penalty Prision Correcional medium to Imprisonment for not less than one
prison mayor minimum OR a fine year nor more than ten years (1 year
ranging from P40,000 to < x < 10 years)
P2,000,000 OR both
Perpetual disqualification from
public office

Confiscation or forfeiture in favor of

the Government of any prohibited
interest and unexplained wealth
manifestly out of proportion to his
salary and other lawful income

Not necessary for Government to Actually Persons Liable

be Defrauded General Rule: Only specific public officers are
It is consummated by merely entering into liable and this can only be committed
agreement or by merely making use of other principally by a public officer whose official duty
schemes to defraud the government. [Art. 213, is to collect taxes, license fees, import duties
Revised Penal Code] and other dues payable to the government.
[Art. 213, Revised Penal Code]
Elements of Illegal Exactions (par. 2-4)
[CDRC]: Exception: BIR and Customs employees are
1. Offender is a public officer entrusted not covered by the article. The NIRC or the
with the Collection of taxes, licenses, Revised Administrative Code is the applicable
fees and other imposts; law. [Art. 213, Revised Penal Code]
2. He is guilty of the following acts or
omissions: Receipt must be an Official Receipt
a. Demanding directly or The act of receiving payment due the
indirectly, payment of sums government without issuing a receipt will give
different from or larger than rise to illegal exaction even though a
those by law; provisional receipt has been issued. What the
b. Failing voluntarily to issue a law requires is a receipt in the form prescribed
Receipt as provided by law, for by law, which means official receipt.
any sum of money collected by
him officially; or When Estafa instead of Illegal
c. Collecting or receiving, directly Exaction
or indirectly, by way of payment When, by means of deceit, the public officer
or otherwise, things or object of demanded or collected a greater fee than those
a nature different from that prescribed by law, the crime committed is
provided by law
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estafa and not illegal exaction. [US v. Lopez, connected with the estate or property in
G.R. No. L-3968 (1908)] the appraisal, distribution or
adjudication of which they had acted;
b. Article 214 – Other Frauds and
3. Guardians and executors with respect
to the property belonging to their wards
Elements [PACo]: or the estate.
1. Offender is a Public officer;
2. He takes Advantage of his official
position; and Fraud is Not Necessary
3. He Commits any of the frauds or The act is punished because of the possibility
deceits enumerated in Article 315 to that fraud may be committed or that the
318 (estafa, other forms of swindling, offender will place his own interest above the
swindling a minor, other deceits). Government or the party he represents [US v.
Udarbe, G.R. No. 9945 (1914)]
Penalty of Special Disqualification
Additional penalty of temporary special Intervention by Virtue of Public Office
disqualification in its maximum period to Intervention must be by virtue of the public
perpetual special disqualification, apart from office held. The contracts the official intervenes
the penalties imposed in Arts 315-318. [Art. in must have a connection with his office.
214, Revised Penal Code] [Reyes, Book II]

c. Art. 215 – Prohibited Transactions 4. Chapter IV: Malversation of

Public Funds or Property
Elements [AIIJ]:
1. Offender is an Appointive public officer; See: Special Penal Laws Reviewer for a
2. He becomes Interested, directly or discussion on the Anti-Plunder Act in relation to
indirectly, in any transaction of this chapter.
exchange or speculation;
3. He becomes interested during his a. Article 217 – Malversation of Public
Incumbency; and Funds or Property - Presumption of
4. Transaction takes place within the
Malversation
territory subject to his Jurisdiction;

Example of Transactions of Exchange or Modes [AT-PeM]:

Speculation 1. Appropriating public funds or property;
Buying and selling stocks, commodities, land, 2. Taking or misappropriating the same;
etc. wherein one hopes to take advantage of an 3. Consenting, or through abandonment
expected rise or fall in price. Although or negligence, Permitting any other
purchasing of stocks or shares in a company is person to take such public funds or
a simple investment and not a violation of the property; and
article, regularly buying securities for resale is 4. Being otherwise guilty of the
speculation. [Reyes, Book II] Misappropriation or malversation of
such funds or property
d. Article 216 – Possession of
Prohibited Interest by a Public Officer Elements Common to All Modes
[PCPA]:
1. Offender is a Public officer;
Persons liable [PEG]:
2. He had the Custody or control of funds
1. Public officer who, directly or indirectly,
or property by reason of the duties of
became interested in any contract or
his office;
business in which it was his official duty
3. He was accountable for Public funds or
to intervene;
property;
2. Experts, arbitrators, and private
4. He Appropriated, took,
accountants who, in like manner, took
misappropriated or consented or,
part in any contract or transaction
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through abandonment or negligence, whether belonging to national or local
permitted another person to take them. government, and he misappropriates
the same [Article 222, Revised Penal
Note: Malversation is also called Code]; or
embezzlement. Note the word “embezzled” in 4. Is constituted as the Depositary or
the phrase “or equal to the total value of the administrator of funds or property
property embezzled” in the penultimate seized or attached by public authority
paragraph of Article 217. [Art. 217, Revised even though said funds or property
Penal Code; Reyes, Book II] belong to a private individual [Article
222, Revised Penal Code].
Appropriation
Appropriation involves every attempt to Sheriffs and receivers are included.
dispose of public funds or property without a They fall under the term “administrator.” [See
right to do so. [Tabuena v. Sandiganbayan, Azarcon v. Sandiganbayan, G.R. No. 116033,
G.R. Nos. 103501-03 (1997)] Feb. 26, 1997]

Can be Committed with Malice or Through Judicial Administrator Not Covered

Negligence or Imprudence. A judicial administrator in charge of settling the
• Negligence - omission of reasonable estate of the deceased is not covered by the
care and caution which an ordinary article. Conversion of effects in his trust makes
prudent person would have used in the him liable for estafa. [See Azarcon v.
same situation. The measure of Sandiganbayan, G.R. No. 116033, Feb. 26,
negligence is the standard of care 1997]
commensurate with the occasion.
[Leano v. Domingo, G.R. No. 84378 Private Property Covered
(1998)] Private property is included, provided it is:
• Good Faith as a Defense - For 1. Attached;
malversation not committed through 2. Seized; or
negligence, good faith is a defense as 3. Deposited by public authority. [Art. 222,
it negates criminal intent. [Quizo v. Revised Penal Code; People v. De la
Sandiganbayan, G.R. No. 77120 Serna, C.A. 40 O.G. Supp. 12, 159]
(1987)]
Presumption of Misappropriation
Persons Liable When a demand is made upon an accountable
General Rule: Offender is a Public Officer officer and he cannot produce the fund or
• Accountable Office - The nature of the property involved, there is a prima facie
duties of the public officer, not the presumption that he had converted the same to
name of the office, is controlling. Thus, his own use. [Art. 217, Revised Penal Code;
a clerk who receives money or property See People v. Wa-Acon, G.R. No. 164575
belonging to the government, in the (2006)]
course of his employment, for which he
is bound to account, may be liable When Presumption of Misappropriation
under Article 217. [Rueda v. will not Arise
Sandiganbayan, G.R. No. 129064 The presumption will not arise if there is an
(2000)] issue as to the accuracy of the audit findings,
and if the fact that the funds are missing was
Exception: Private persons may also not indubitably established. [Dumagat v.
commit malversation. Such as when a Sandiganbayan, G.R. No. 96915, (1992),
private person: [CoA-CuD] quoting Tinga v. People, L-57650, 160 SCRA
1. Acts in Conspiracy with a public officer 483 (1988)]
in committing malversation;
2. Has become an Accomplice or
Demand and Damage Are Not
accessory to a public officer who
commits malversation; Necessary Elements of Malversation
3. Is made the Custodian in whatever Demand as well as damage to the government
capacity of public funds or property, are not necessary elements. Demand merely
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raises a prima facie presumption that missing
any other person to take money,
funds have been put to personal use. Damage
the public funds/property goods or other
to the government is immaterial because the
personal
penalty is based on the amount involved.
property
[Morong Water District v. Office of the Deputy
Ombudsman, G.R. No. 116754 (2000)] Need for Damage

Direct Evidence Not Required for Not required Required

Conviction
An accountable public officer may be convicted Necessity of Prior Demand
even in the absence of direct evidence, where
he has not been able to satisfactorily explain Not necessary Required
the absence of the public funds. [Estepa v.
Sandiganbayan, G.R. No. 59670 (1990)] [Reyes, Book II]

Restitution Malversation, Estafa, and Qualified Theft of

Public Funds/Property
Returning the malversed funds is not
exempting, it is only mitigating. [Perez v. Malversation Estafa Qualified
People, 544 SCRA 532] [Art. 217] [Art. 315] Theft
[Art. 310]
When Crime is Estafa instead of
As to Offender
Malversation
The funds or property must be received in an Accountable Offender Offender
official capacity, in which case, the crime is Public Officer who is not who has
Malversation. Otherwise, the crime committed accountable mere
is estafa. [US v. Solis, G.R. No. L-2828 (1906)] and has physical
acquired possession
Malversation vs. Estafa juridical and took the
Malversation Estafa possession property with
[Art. 217] [Art. 315] thereof and abuse of
took it with confidence
Nature of Funds abuse of
confidence
Public Private or deceit

As to the Offender
b. Article 218 – Failure of Accountable
Offender is usually a Offender is a Officer to Render Accounts
public officer who is private
accountable for the public individual or Elements [PART]:
funds/property even a public 1. Offender is Public officer, whether in
officer who is the service or separated therefrom by
not accountable resignation or any other cause;
for public 2. He is an Accountable officer for public
funds/property funds or property;
3. He is Required by law or regulation to
Means of Commission render account to the Commission on
Audit, or to a provincial auditor;
Crime is committed by Crime is 4. He fails to do so for a period of Two
appropriating, taking, or committed by
months after such accounts should be
misappropriating/consenti misappropriatin rendered.
ng or through g, converting, or
abandonment or denying having
negligence, permitting received

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Demand and Misappropriation Not Malversation v. Technical
Necessary Malversation
It is sufficient that a public officer fails to render
Malversation (Art. Technical
account for a period of time, when it is required
217) Malversation (Art
by a law or regulation [Art. 218, Revised Penal
220)
Code; Lumauig v. People, G.R. No. 166680,
Jul. 7, 2014] Nature of Funds

c. Article 219 – Failure of a Public Funds

Responsible Public Officer to Render
Accounts Before Leaving the Country As to the Offender

Accountable Public Officers

Elements [PAU]:
1. Offender is a Public officer; Appropriation of Funds
2. He is an Accountable officer for public
funds or property; No such requirement Must be
3. He Unlawfully leaves or attempts to appropriated by Law
leave the Philippine Islands without or Ordinance
securing a certificate from the
Commission on Audit showing that his What is Done with the Funds
accounts have been finally settled.
Applied to personal Applied to public use
Leaving must be Unlawful use and benefit of other than what it
The act of leaving the country must be the offender or was appropriated for
unauthorized or not permitted by law. [Art. 219, another person
Revised Penal Code]
Good faith as a Defense
d. Article 220 – Illegal Use of Public
For malversation not Good faith is not a
Funds or Property committed through defense. Technical
• Also known as Technical Malversation negligence, good malversation is
faith is a defense as malum prohibitum.
Elements [P-PAO]: it negates criminal [Ysidoro v. People,
1. Offender is a Public officer; intent. [Quizo v. 685 SCRA 637]
2. There are Public funds or property Sandiganbayan,
under his administration; G.R. No. 77120
3. Such fund or property were (1987)]
Appropriated by law or ordinance;
4. He applies such public fund or property
to any public use Other than for which e. Article 221 - Failure to Make
it was appropriated for. Delivery of Public Funds or Property

Technical Malversation Punishable Acts [FaR]:

Illegal use of public funds or property is also 1. Failing to make payment by a public
known as technical malversation. The term officer who is under the obligation to
technical malversation is used because in this make such payment from Government
crime, the fund or property involved is already funds in his possession
appropriated or earmarked for a certain public 2. Refusing to make delivery by a public
purpose. Despite the public purpose, the act is officer who has been ordered by
punished because it remains a violation of the competent authority to deliver any
appropriations law [Parungao vs. property in his custody or under his
Sandiganbayan, et al. G.R. No. 96025 (1991)]. administration

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Elements: 5. Chapter V: Infidelity of
Mode 1: Failing to Mode 2: Refusing Public Officers
Make Payment to make delivery
[PPM] [PDM]
SECTION 1. Infidelity in the Custody
1. Public officer has government funds in Of Prisoners
his possession
a. Article 223 – Conniving With or
2. Obligation to make 2. Obligation to
Consenting to Evasion
Payment from such Deliver any property
funds in his custody or
under his Elements [P-CEC]:
administration 1. Offender is a Public officer;
2. He had in his Custody or charge a
3. Maliciously fails to perform the obligation prisoner, either detention prisoner or
prisoner by final judgment;
3. Such prisoner Escaped from his
custody;
Basis of Penalty 4. He was in Connivance with the
• Failure to make payment: fine shall be prisoner in the latter’s escape. (“shall
5 to 25% of the amount he fails to pay consent to the escape”)
• Refusal to make delivery. [Art.
221(1)(2), Revised Penal Code]
Classes of Prisoners Involved [FD]
1. Those sentenced by Final judgment;
f. Article 222 – Officers Included in the and
Preceding Provisions 2. Detention prisoners who are
temporarily held in legal custody
Note: This article provides that private
individuals may also be held liable for the What is Not Considered as Infidelity in
crimes under Art 217 to 221. Custody
Leniency, laxity, and release of a detention
Officers Include: prisoner who could not be delivered to judicial
1. Private individuals who, in any authorities within the time fixed by law is not
capacity, have charge of any national, infidelity in the custody of a prisoner. [People v.
provincial or municipal funds, revenue, Lancanan, G.R. No. L-6805 (1954)]
or property
2. Administrator or depositary of funds Actual Evasion Even Without Actual
or property that has been attached, Escape
seized or deposited by public There is real actual evasion of service of a
authority, even if owned by a private sentence when the custodian permits the
individual. prisoner to obtain a relaxation in his
imprisonment and to escape the punishment of
See: Art. 217 for extensive discussion being deprived of his liberty, thus making the
penalty ineffectual, although the convict may
not have fled. This includes allowing prisoners
to sleep and eat in the officer’s house or utilize
the prisoner’s services for domestic chores.
[US v. Bandino, G.R. No. 9964 (1915)]

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Consenting to Evasion [Art. 223] v. c. Article 225 – Escape of Prisoner
Delivering Prisoners From Jail under the Custody of a Person Not a
Consenting to Delivering Public Officer
Evasion Prisoners from Jail
[Art. 223] [Art. 156] Elements [PCE-CN]:
1. Offender is a Private person;
As to Who may Commit 2. Conveyance or custody of a prisoner or
person under arrest is confided to him;
By a public officer By an outsider or by 3. Prisoner or person under arrest
having the legal a public officer who Escapes;
charge or custody of does NOT have the 4. Offender Consents to the escape, or
a prisoner. official charge or that the escape takes place through
custody of the his Negligence.
prisoner.
Not Applicable if Private Person made the
As to the Manner of Commission Arrest
Art. 225 is not applicable if a private person
By conniving or By removing from jail was the one who made the arrest and he
consenting to the a prisoner confined consented to the escape of the person he
escape of a prisoner. therein or helping in arrested. [REYES, Book 2]
the escape of such
prisoner.
Consenting to Evasion [Art. 225] vs.
[AMURAO] Delivering Prisoners from Jail
Consenting to Delivering
b. Article 224 – Evasion through Evasion Prisoners from Jail
Negligence [Art. 225] [Art. 156]

Elements [P-CoN]: As to who may Commit

1. Offender is a Public officer;
2. He is charged with the Conveyance or By a Private Person By an outsider or by
custody of a detention prisoner or who acts as a a public officer who
prisoner by final judgment; custodian of the does NOT have the
3. Such prisoner escapes through Prisoner. official charge or
Negligence custody of the
prisoner.
Deliberate Non-performance of Duty
This covers only positive carelessness and SECTION 2. Infidelity in the Custody
definite laxity which amounts to deliberate Of Documents
nonperformance of duties. [Rodillas v.
Sandiganbayan, G.R. No. L-58652 (1988)] d. Article 226 – Removal,
Concealment, or Destruction of
Recapture does not lead to exculpation Documents
The fact that the public officer recaptured the
prisoner who had escaped from his custody
does not afford complete exculpation. [People Elements [P-ReDeCo-ED]:
vs. Quisel, C.A., 52 O.G. 6975] 1. Offender is a Public officer;
2. He Removes, Destroys or Conceals a
document or papers;
Liability of Escaping Prisoner: 3. Said document or papers should have
• If he is a prisoner by final judgment been Entrusted to such public officer by
- liable for evasion of service (Art. 157) reason of his office;
• If he is a detention prisoner - he does 4. Damage, whether serious or not, to a
not incur criminal liability [Art. 224] third party or to the public interest has
been caused.

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Note: Damage in this article may consist in forward the letters to their destination. [People
mere alarm to the public or in the alienation of vs. Irineo, C.A., 53 O.G. 2827]
its confidence in any branch of the government
service.
Revelation Of Removal,
Secrets By An Concealment or
Offender Must be Officially Entrusted with
Officer Destruction of
the Documents
[Art. 229] Documents
Can only be committed by the public officer
[Art. 226]
who is made the custodian of the document in
his official capacity. [Art. 226] The papers contain The papers do not
secrets and contain secrets but
Removal Must be for Illicit Purpose therefore should not their removal is for
If the act of removal is done with lawful motives be published, and an illicit purpose.
such as to save the documents from imminent the public officer
danger of loss or destruction, there would be having charge
no crime committed. However, illicit motive is thereof removes and
not required if the mode is concealment or delivers them
destruction. [Manzanaris vs. People, 127 wrongfully to a third
SCRA 201] person.
Damage Caused
Damage in this article may consist in mere e. Article 227 – Officer Breaking Seal
alarm to the public or in the alienation of its
confidence in any branch of the government
Elements [P-CSB]:
service. [Kataniag v. People, G.R. No.48398
1. Offender is a Public officer;
(1984)]
2. He is charged with the Custody of
papers or property;
Documents 3. These papers or property are Sealed
1. Documents must be complete and by proper authority;
one by which a right could be 4. He Breaks the seal or permits them to
established or an obligation could be be broken.
extinguished. If the writings are mere In "breaking of seal", the word "breaking"
forms, there is no crime. [People v. should not be given a literal meaning. The
Camacho, G.R. No.18688 (1923)] custodian is liable even if the seal was not
2. A book is not a document. A actually broken because the custodian
document is a written instrument by managed to open the parcel without breaking
which something is proven or made of the seal.
record [People v. Agnis, G.R. No. L-
19676 (1923)] Damage/Intent to Cause Damage Not
3. “Papers” - includes checks, Necessary
promissory notes, and paper money. Where documents are sealed by competent
[Webster’s Dictionary] authorities, it is evident that the purpose
thereof is to ensure their preservation. It is
Consummated upon Removal sufficient that the seal is broken, even if the
Removal is consummated upon taking or contents are not tampered with.
secreting away of the document from its usual
place. It is immaterial whether or not the illicit
purpose of the offender has been
f. Article 228 – Opening of Closed
accomplished. [Kataniag v. People, G.R. Documents
No.48398 (1984)]
Elements [PCON]:
Delivery of Documents to Wrong Person 1. Offender is a Public officer;
Delivering documents to the wrong party is 2. Any Closed papers, documents, or
infidelity in the custody thereof. This could objects are entrusted to his custody;
cover failure on the part of the post office to 3. He Opens or permits to be opened said
closed papers, documents or objects;
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4. He does Not have proper authority. Revelation of Secrets vs. Infidelity in
the Custody of Documents
Act should not be under Art 227
If the public officer had to break a seal to open Revelation of Infidelity in
the closed document, he is liable under Art 227. Secrets by an Custody of
Officer (Art 229) Documents/Papers
by Removing the
g. Article 229 – Revelation of Secrets Same (Art 226)
by an Officer
Content of the Papers
Punishable Acts [ReD]:
1. Revealing any secrets known to the Papers contain Papers do not
offending public officer by reason of his secrets/papers contain secrets.
official capacity which should not be
2. Wrongfully Delivering papers or copies published.
of papers of which he has charge and
which should not be published Damage Involved

Damage is to public Damage is to public

Elements: interest interest or third
Mode 1: Revelation Mode 2: Wrongful persons
of Secrets [P-SRD] delivery of papers
[P-PWD]
h. Article 230 – Public Officers
1.Offender is a Public officer Revealing Secrets of Private
Individuals
2. He knows of a 2. He has charge of
Secret by reason of Papers which should Elements [PSR]:
his official capacity not be published 1. Offender is a Public officer;
2. He knows of the Secrets of a private
Secrets must affect Custody Required individual by reason of his office;
public interest. If “Charge” - means 3. He Reveals such secrets without
the secret revealed custody or control. If authority or justifiable reason.
does not involve he is merely
public interest, no entrusted with the Damage to a private individual is not
crime is committed. papers and not with necessary.
Secrets of private the custody thereof,
individuals are not he is not liable under When the Offender is a Lawyer
included. [Art. 229, this article. When the offender is a public attorney or a
Revised Penal Code; solicitor, the act of revealing the secret should
REYES, Book 2] not be covered by Art 209 (Betrayal of Trust).

3. He Reveals such 3. He Wrongfully

Revelation of Secrets by an Officer vs.
secret without delivers those
authority or papers or copies Public Officer Revealing Secrets of
justifiable reasons thereof to a third Private Individual
person Revelation of Public Officer
Secrets by an Revealing Secrets
4. There is Damage to public interest Officer of a Private
[Art. 229] Individual
[Art. 230]

Nature of the Secret

Secret involves Secret involves a

public interest private individual
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5. Offender Disobeys his superior despite
Necessity for Damage
the disapproval of the suspension.
Damage to public Damage to public
interest is essential interest is essential This does not apply if the order of the superior
is illegal. [Art 11(6), Revised Penal Code]

R.A. No. 3019 Anti-Graft and Corrupt c. Article 233 – Refusal of Assistance
Practices Act Section 3 (k) - Divulging
valuable information of a confidential
character, acquired by his office or by him on Elements [P-CoM]:
account of his official position to unauthorized 1. Offender is a Public officer;
persons, or releasing such information in 2. A competent authority demands from
advance of its authorized release date. the offender that he lend his
Cooperation towards the
administration of justice or other public
6. Chapter VI: Other service;
Offenses or Irregularities by 3. Offender Maliciously fails to do so

Public Officers Official Duty of Public Officer

To be liable, the public officer must have the
SECTION 1. Disobedience, Refusal of obligation, by reason of his office, to render
Assistance, and Maltreatment Of assistance in the administration of justice or
Prisoners other public service.

a. Article 231 – Open Disobedience d. Article 234 – Refusal to Discharge

Elective Office
Elements [Je-JWR]:
1. Officer is a Judicial or executive officer; Elements [ERL]:
2. There is a Judgment, decision or order 1. Offender is elected by popular Election
of a superior authority; to a public office;
3. Such judgment, decision or order was 2. He Refuses to be sworn in or to
made Within the scope of the discharge the duties of said office;
jurisdiction of the superior authority and 3. There is no Legal motive for such
issued with all the legal formalities; refusal to be sworn in or to discharge
4. He openly Refuses to execute the said the duties of said office.
judgment, decision or order, which he
is duty bound to obey without any legal Only for Elective Officials
justification. Once an individual is elected to an office by the
will of the people, discharge of duties becomes
a matter of duty, not only a right. This only
b. Article 232 – Disobedience to the
applies for elective, not appointive officers. [Art.
Order of Superior Officer When Said 234, Revised Penal Code]
Order Was Suspended by Inferior
Officer e. Article 235 – Maltreatment of
Prisoners
Elements [PES-DiDi]:
1. Offender is a Public officer;
2. An order is issued by his superior for
Elements [PCM]:
1. Offender is a Public officer or
Execution;
employee;
3. He Suspended the execution of such
2. He has under his Charge a prisoner or
order;
detention prisoner;
4. His superior Disapproves the
3. He Maltreats such prisoner by
suspension of the execution of the
overdoing himself in the correction or
order; and
handling of a prisoner or detention
prisoner under his charge by:
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a. Imposition of punishment not Acts of Torture vs. Maltreatment
authorized by the regulations;
b. Inflicting such punishments Acts of Torture Maltreatment
(those authorized) in a cruel
Definition
and humiliating manner.
c. Maltreating such prisoners to
Torture refers to an The maltreatment:
extort a confession or to obtain
act by which severe (1) must relate to
some information from the
pain or the correction or
prisoner.
suffering, whether handling of the
physical or mental, is prisoner, or
Offender Must Have Direct Custody
intentionally inflicted (2) must be for the
This is committed only by such public officer
on a person for such purpose of extorting
charged with direct custody of the prisoner.
purposes as: a confession or of
[Punzalan v. People, G.R. No.L-8820 (1956)]
a. obtaining obtaining some
from him/her information from the
If the public officer is not the custodian of the
or a third prisoner.
prisoner and he manhandles the latter - crime
person
is physical injuries. [People vs. Baring, C.A., 37
information or
O.G. 1366]
a confession;
b. punishing
Cannot be Complexed with other him/her for an
Crimes act he/she or
Maltreatment of prisoners cannot be a third
complexed with homicide, physical injuries, person has
orother crimes as the article says “in addition to committed or
his liability for the physical injuries or damage is suspected
caused…” [Art. 235, Revised Penal Code] of having
committed;
Qualifying Circumstance c. or intimidating
If the maltreatment was done in order to extort or coercing
confession, the penalty is qualified to the next him/her or a
higher degree. [Art. 235, Revised Penal Code] third person;
d. or for any
reason based
Torture on
If the acts of maltreatment constitute torture, discrimination
there is a separate criminal liability from the of any kind,
crime under the RPC. Torturous acts are not when such
absorbed in, nor do they absorb other crimes. pain or
[Section 15, RA 9745] suffering is
inflicted by or
Note: See the Special Penal Laws Reviewer for at the
an in-depth discussion on RA 9745 [“The Anti- instigation of
Torture Act of 2009”]. or with the
consent or
Other cruel, inhuman and degrading acquiescence
treatment or punishment of a person in
Deliberate and aggravated treatment or authority or
punishment not enumerated under Section 4 of agent of a
this Act, inflicted by a person in authority or person in
agent of a person in authority against a person authority.
under his/her custody, which attains a level of
severity causing suffering, gross humiliation or It does not include
debasement to the latter. [Sec. 3(b), R.A. pain or suffering
9745]. arising only from,

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inherent in or Comparison Between Art. 234 and Art.
incidental to lawful 236
sanctions [Sec. 3(a), Refusal to Anticipation of
R.A. 9745]. Discharge Elective Duties of a Public
Office Officer
Note: The elements of [Art. 234] [Art. 236]
torture would refer to
the severity or gravity As to Nature of Position
of the pain or
suffering, intent to Officer is elected Officer is elected or
injure, and purposes appointed
+ state involvement.
As to Act Punished
Extent of Injuries
The officer, without The offender
Can be Physical or Does not require legal motive, refuses assumes the
Mental/Psychological. physical injuries. to be sworn in or performance of the
It does not include Any kind of discharge the duties duties of the office
pain or suffering punishment not of his office. without having been
arising only from, authorized or sworn in or giving the
inherent in or although authorized bond required by
incidental to lawful if executed in law.
sanctions. excess of the
prescribed degree
is covered. g. Article 237 – Prolonging
Performance of Duties and Powers
Penalty
Elements [PPC]:
Punished under R.A. Punished under Art.
1. Offender is holding a Public office;
9745 236 of the RPC
2. Period provided by law, regulations or
special provision for holding such
SECTION 2. Anticipation, office, has already expired; and
Prolongation, and Abandonment of 3. He Continues to exercise the duties
and powers of such office
the Duties and Powers of Public Office
Officers Covered
f. Article 236 – Anticipation of Duties The offenders here are those who can be
of a Public Officer suspended, separated, declared over-aged, or
dismissed. Those who cannot be, cannot be
Elements [ESAN]: said to be able to continue to exercise the
1. Offender is Entitled to hold a public duties of powers of office. [Art. 237, Revised
office or employment, either by election Penal Code; REYES, Book 2]
or appointment;
2. The law requires that he should first be h. Article 238 – Abandonment of Office
Sworn in and/or should first give a or Position
bond;
3. He Assumes the performance of the
duties and powers of such office; and Elements [PRNA]:
4. He has Not taken his oath of office 1. Offender is a Public officer;
and/or given the bond required by law 2. He formally Resigns from his position;
3. His resignation has Not yet been
accepted; and
4. He Abandons his office to the
detriment of public service.

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Note: Resignation must be written or formal. A SECTION 3. Usurpation of Powers and
verbal resignation is not the kind of resignation Unlawful Appointments
contemplated by the set-up of the Civil Service
System. [People v. Santos, C.A. 55 O.G. 5566]
i. Article 239 – Usurpation of
Legislative Powers
Requisites for Resignation [InAA]
1. Intention to relinquish part of the term
2. Act of relinquishment Elements [EJ-MAS]:
3. Acceptance by the proper authority 1. Offender is an Executive or Judicial
[LRTA v. Salvana, G.R. No. 192074 officer, who encroaches upon the
(2014)] powers of the Legislative branch by:
a. Making General Rules or
regulations beyond the scope
Qualifying Circumstance
of his authority; or
The offense is qualified when the purpose of
b. Attempting to repeal a law; or
the abandonment is to evade the discharge of
c. Suspending the execution
duties of preventing, prosecuting, or punishing
thereof.
any of the crimes falling within Title One
(Crimes against National Security and the Law
of the Nations) and Chapter One of Title Three j. Article 240 – Usurpation of
(Rebellion, Coup d’état, Sedition, and Executive Functions
Disloyalty) of book two of the RPC. [Art. 238,
Revised Penal Code] Elements [JAO]:
1. Offender is a Judge;
Abandonment of Office v. Dereliction 2. That he:
of Duty a. Assumes a power pertaining to
the executive authorities, or
Abandonment of Dereliction of Duty b. Obstructs the executive
Office or Position [Art. 208] authorities in the lawful
[Art. 238] exercise of their powers.
As to Offender Note: If the offender is not a judge [i.e. a
councilor usurping the functions of a mayor] the
Committed by any Committed only by crime is punishable under Art 177 (Usurpation
public officer public officers who of Authority or Official Function). [See People
have the duty to v. Hilvano, 99 Phil. 655]
institute prosecution
for the punishment of
violations of the law k. Article 241 – Usurpation of Judicial
Functions
As to Abandonment
Elements [Ex-AO]:
There is actual Public officer does 1. Offender is an officer of the Executive
abandonment not abandon his branch;
through resignation office but merely fails 2. That he:
to evade the to prosecute a a. Assumes judicial powers, or
discharge of duties violation of the law. b. Obstructs the execution of any
order or decision rendered by
any judge within his jurisdiction.

l. Article 242 – Disobeying Request for

Disqualification

Elements:
1. Offender is a Public officer;

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2. A proceeding is Pending before such See People v. Sandiganbayan, G.R.
public officer; No. 164185, Jul. 23, 2008]
3. There is a Question brought before the
proper authority regarding his o. Article 245 – Abuses Against
jurisdiction, which is not yet decided; Chastity
4. He has been lawfully required to
Refrain from continuing the
proceeding; Punishable Acts [DCuW]:
5. He Continues the proceeding. 1. Soliciting/making immoral or indecent
advances to a woman interested in
Note: The disobedient officer is liable even if matters pending before the offending
the jurisdictional question is resolved in his officer for Decision or with respect to
favor. The act punished is the continuation of which he is required to submit a report
proceedings even if there is a pending to or consult with a superior officer;
jurisdictional question. The resolution of the 2. Soliciting or making immoral or
jurisdictional question in the offender’s favor is indecent advances to a woman under
not a factor. [Art. 242, Revised Penal Code; the offender’s Custody;
REYES, Book 2] 3. Soliciting or making immoral or
indecent advances to the Wife,
daughter, sister or relative within the
m. Article 243 – Orders or Request by same degree by affinity of any person
Executive Officer to Any Judicial in the custody of the offending warden
Authority or officer.

Elements: Elements:
1. Offender is an Executive officer;
2. He addresses any order or suggestion Mode 1: Mode 2: Mode 3:
to any Judicial authority; Soliciting Soliciting to a Soliciting to
3. The order or suggestion relates to any to a woman wife/
case or business coming within the woman under daughter/
exclusive Jurisdiction of the courts of interested offender’s sister/
justice. in custody relative of
pending [PSC] person in
matters custody
n. Article 244 – Unlawful [PSP] [PSR]
Appointments
1. Offender is a Public officer
Elements:
1. Offender is a Public officer; 2. He Solicits or makes immoral or indecent
2. He Nominates or appoints a person to advances to a woman
a public office;
3. Such person Lacks the legal 3. Woman 3. Woman is 3. Woman is
qualifications therefore; is under the the wife,
4. Offender Knows that his nominee or interested Custody of the daughter,
appointee lacks the qualification at the in matters offender who sister or
time he made the nomination or Pending is a warden or Relative
appointment. before the other public within the
offender officer directly same degree
Note: for charged with by affinity of
1. Mere recommendation is not a crime, decision, the care and the person in
even if such person knew that the or with custody of the custody
person recommended is not qualified. respect to prisoners. of the
“Nomination” is different from which he is offender.
“recommendation”.. [Art. 243, Revised required to
Penal Code] submit a
2. Qualifications must be provided for by report to or
law [Art. 243, Revised Penal Code; consult
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with a
superior.

Solicitation
Solicit is to propose earnestly and persistently
something unchaste and immoral to a woman.
The advances must be immoral or indecent.
Proof of solicitation is not necessary when
there is sexual intercourse. [Black’s Law
Dictionary]

Consummated by Proposal
The crime is consummated by mere proposal.
It is not necessary that the woman should have
yielded to the solicitation of the offender. [See
Art. 245, Revised Penal Code]

Mother of Person in Custody Not Included

The mother of the person in the custody of the
public officer is not included. [See Art. 245,
Revised Penal Code]

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H. CRIMES AGAINST Parricide shall not be punished by
reclusion perpetua to death in the
PERSONS [ARTS. 246 - 266- following cases:
D] 1. Reckless or simple imprudence [Art.
365]
2. Parricide by mistake [Art. 49]
1. Chapter I: Destruction of Life 3. Parricide under exceptional
circumstances [Art. 247]
SECTION 1. Parricide, Murder,
Homicide b. Article 247 – Death or Physical
Injuries Under Exceptional
a. Article 246 – Parricide Circumstances
This article does not define a felony, rather it
Elements: [KAA-FaMCADS] serves as a defense for a person charged with
1. A person is Killed; parricide, homicide or serious physical injuries.
2. Deceased is killed by the Accused;
3. Deceased is the Accused's: Elements: [M-SD-KiP]
a. Legitimate/illegitimate Father 1. A legally Married person, or a parent,
b. Legitimate/illegitimate Mother surprises the following in the act of
c. Legitimate/illegitimate Child sexual intercourse with another
(should not be less than 3 days person:
old, otherwise crime is a. His Spouse or;
infanticide) b. His Daughter, the latter under
d. Other legitimate Ascendant 18 years of age and living with
e. Other legitimate Descendant him;
f. Legitimate Spouse 2. He or she Kills any or both of them, or
inflicts upon any or both of them any
Relationship serious physical injury in the act or
Relationship of offender with the victim is an immediately thereafter;
essential element of this crime; except for 3. He has not Promoted or facilitated the
spouses, only relatives by blood and in direct prostitution of his wife or daughter, or
line are covered. An adopted child is not that he or she has not consented to the
covered by parricide. infidelity of the other spouse.

Rules on Relationship of Relatives Sentence to Accused

1. Father, mother or child may be General Rule: If all the requisites have been
legitimate or illegitimate met, the defendant will be sentenced to
2. Other ascendants or descendants destierro instead of the severe penalty for the
must be legitimate aforementioned crime [People v. Araquel, G.R.
3. Child should not be less than 3 days No. L-12629].
old, otherwise, crime is infanticide
4. Spouse must be legitimate; Muslim Exception: If less serious or slight physical
husbands with several wives can be injuries are inflicted, there is no criminal
convicted of parricide only in case the liability. [Id]
first wife is killed. [People v. Subano,
G.R. No. L-20338 (1967)] Other Considerations:
1. Actual Sexual Intercourse – meaning
Note: Relationship must be alleged in the vaginal penetration by the penis and
Information to be convicted of Parricide. does not include merely sleeping on
[People v. Jumawan, G.R. No. 187495 (2014)] the same bed [People v. Gonzales,
G.R. No. 46310; People v. Bituaanan
56 Phil 23, cited in REYES, Book 2]

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2. Accused must be legally married - if c. By means of Inundation, fire,
the victim is his or her spouse. [People poison, explosion, shipwreck,
v. Araquel, G.R. No. L-12629] stranding of a vessel,
3. Whether or not the daughter is derailment or assault upon a
legitimate or illegitimate is railroad, fall of an airship, by
immaterial - provided she is living with means of motor vehicles, or
the guilty parent [Regalado] with the use of any other
4. Privilege cannot be invoked without means involving great waste
surprise – if the accused did not and ruin;
surprise the supposed offenders in the d. On occasion of any of the
very act of committing adultery, he Calamities enumerated in the
cannot invoke the privilege of Art. 247. preceding paragraph, or of an
[People v. Gonzales, G.R. No. 46310 earthquake, eruption of a
(1939)] volcano, destructive cyclone,
epidemic, or any other public
Immediately Thereafter calamity;
There is no set time as jurisprudence has held e. With evident Premeditation;
1 hour or even 4 hours as “immediately f. With Cruelty, by deliberately
thereafter”. However, the act done must be a: and inhumanly augmenting the
a. Direct result of the outrage of the suffering of the victim, or
cuckolded spouse; and outraging or scoffing at his
b. Continuous act from the moment of the person or corpse.
surprising. [US v. Vargas, G.R. No. 4. Killing is Not parricide or infanticide.
1053, May 7, 1903]
Rules for the Application of the
When Article 247 does not apply: [BM] Circumstances which Qualify the Killing
1. If the surprising took place Before any to Murder
actual sexual intercourse could be 1. If there are more than one alleged in
done. the information for murder, only one will
2. If the daughter is Married. qualify the killing to murder and the
other circumstances will be taken as
Although the article does not use the word generic aggravating circumstance.
“unmarried,” this article applies only when the [See People v. Dueño, 90 SCRA 23]
daughter is single because while under 18 and 2. When the other circumstances are
single, she is still under parental authority. If absorbed or included in one qualifying
she is married, her husband alone can claim circumstance, they cannot be
the benefits of this article. [See Art. 247, considered as generic aggravating.
Revised Penal Code; REYES, Book 2] [People v. Sespeñe, et al., 102 Phil.
199]
3. Any of the qualifying circumstances
c. Article 248 – Murder enumerated in Art. 248 must be alleged
in the information. [US v. Campo, 23
Elements: [KAC-TCICPC-N] Phil 369]
1. Person was Killed;
2. Accused killed him; Element of Intent to Kill
3. Killing was attended by any of the General Rule: Offender must have intent to kill
following qualifying Circumstances: to be liable for murder.
a. With Treachery, taking Exception: In murder qualified by treachery, it
advantage of superior strength, is required only that there is treachery in the
aid of armed men, or attack, hence, there is murder even if offender
employing means to weaken has no intent to kill the person assaulted.
the defense, or of means or [People vs. Abejuela, G.R. No. L-32702, Aug.
persons to insure or afford 6, 1979]
impunity;
b. In Consideration of a price,
reward or promise;
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Killing by Fire imprudence. [People v. Castillo, C.A. No. 227
• If the primordial criminal intent of (1946)]
the offender is to kill and fire was only
used as a means to do so, the crime is Refusal to be Operated On; Not a Defense
only murder. Refusal of the deceased to be operated on
• If the primordial criminal intent of does not relieve the offender of the criminal
the offender is to destroy property liability for his death. [People v. Sto. Domingo,
with the use of pyrotechnics and G.R. No. 3783 (1939)]
incidentally, somebody within the
premises is killed, the crime is arson Intent to kill
with homicide, a single indivisible crime General Rule: Conclusively presumed when
penalized under Art. 326, which is death results.
death as a consequence of arson.
[People v. Malngan, G.R. No. 170470, Exception: Evidence of intent is crucial to a
(2006)] finding of attempted or frustrated homicide
[Yapyuco v. Sandiganbayan, G.R. No. 120744-
Outraging vs. Scoffing 46]

Outraging Scoffing
Physical Injuries
Definition Accused is liable for physical injuries if there is
no intent to kill on the part of the offender in an
To commit an To leer and implies a attempted or frustrated homicide. [See People
extremely vicious or showing of v. Delim, G.R. No. 142773 (2003)]
deeply insulting act. irreverence.
Accidental Homicide
Example It is the death of a person brought about by a
lawful act performed with proper care and skill
The act of an When the intestines and without homicidal intent, there is no felony.
accused in having of the dead were [Id]
anal intercourse with removed and hung
e. Article 250 - Penalty for Frustrated
the woman after around the neck of
killing her. [People v. the victim’s brother Parricide, Murder or Homicide
Butler, 120 SCRA “as a necklace” and
281] the lungs and liver Courts may impose a penalty: [Art. 250,
were described as Revised Penal Code]
“pulutan.” [People v. 1. 2 degrees lower for frustrated parricide,
Carmina, 193 SCRA murder, or homicide
429] 2. 3 degrees lower for attempted
parricide, murder, or homicide.

d. Article 249 – Homicide The imposition of a penalty lower by one

degree than that imposed under Arts. 50 and
Elements: [KJ-IQ] 51 depends on the courts, in view of the facts
of the case. [Id]
1. Person was Killed;
2. Offender killed him without any
Note: that under the RPC, the following
Justifying circumstances;
3. Offender had the Intention to kill penalties shall be imposed:
1. Frustrated Felony - the penalty next lower
4. Killing was not attended by any of the
in degree than that prescribed by law for the
Qualifying circumstances of murder, or
consummated felony [Art. 50, RPC].
by that of parricide or infanticide
2. Attempted Felony - the penalty lower by
two degrees than that prescribed by law for the
No offense of Frustrated Homicide through
consummated felony shall be imposed [Art. 51,
Imprudence.
Revised Penal Code].
The element of intent to kill in frustrated
homicide is incompatible with negligence or

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Note: Any attempt on, or conspiracy against, g. Article 252 - Physical Injuries
the life of the Chief Executive of the Philippines Caused in Tumultuous Affray
or that of any member of his family, or against
the life of any member of his cabinet or that of
any member of the latter’s family, shall suffer Elements: [TSIK]
the penalty of death. [P.D. No. 1110-A] 1. There is a Tumultuous affray;
2. A participant or some participants
thereof Suffered serious physical
f. Article 251 - Death Caused in injuries or physical injuries of a less
Tumultuous Affray serious nature only;
3. Person responsible cannot be
Tumultuous Affray Identified; and
It is a commotion in a confused manner to an 4. All those who appear to have used
extent that it would not be possible to identify violence upon the person of the
who the killer is if death results, or who inflicted offended party are Known.
the serious physical injury, but the person or
persons who used violence are known. [See Presence of Violence
Wacoy v. People, G.R. No. 213792 (2015)] All those who appear to have used violence
shall suffer the penalty next lower in degree
Note: It exists when at least four persons took than that provided for the serious physical
part, as implied by the use of the word “several” injuries inflicted. [Art. 265, Revised Penal
which means more than two but not very many Code]
[See Art. 251; Revised Penal Code; REYES,
Book 2]. Death Caused in Tumultuous Affray
vs. Physical Injuries Caused in
Elements: [SGQKAI] Tumultuous Affray
1. There are Several persons;
2. They do not compose Groups Death Caused in Physical Injuries
organized for the common purpose of Tumultuous Affray Caused in
assaulting and attacking each other [Art. 251] Tumultuous Affray
reciprocally; [Art. 252]
3. These several persons Quarreled and
assaulted one another in a confused Participants
and tumultuous manner;
4. Someone was Killed in the course of The person killed in The injured party in
the affray; the course of the the crime of physical
5. It cannot be Ascertained who actually affray need not be injuries inflicted in a
killed the deceased; and one of the tumultuous affray
6. The person or persons who inflicted participants in the must be one or some
serious physical injuries or who used affray. of the participants.
violence can be Identified. [REYES, BOOK 2]

Persons Liable [IK] h. Article 253 - Giving Assistance to

1. Person or persons who Inflicted the Suicide
serious physical injuries
2. If it is not Known who inflicted the
serious physical injuries on the Giving Assistance to Suicide
deceased, all persons who used Giving assistance to suicide means giving
violence upon the person of the victim means (e.g., arms, poison, etc.) or whatever
are liable. manner of positive and direct cooperation (e.g.,
intellectual aid, suggestions regarding the
mode of committing suicide, etc.). [REYES,
Presence of Conspiracy Book 2]
If there is conspiracy, this crime is not
committed. The crime would be murder or
homicide. [See Wacoy v. People, G.R. No.
213792, Jun. 22, 2015]
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Modes: [AL] interficendi must be established with the same
1. Assisting another to commit suicide, degree of certainty as is required of the other
whether the suicide is consummated or elements of the crime. [Dado v. People, G.R.
not; No. 131421 (2002)]
2. Lending his assistance to another to
commit suicide to the extent of doing Discharge of Firearms vs. Homicide
the killing Himself.
Discharge of Homicide/Murder
Note: The person who attempts to commit Firearms [Arts. 248/249]
suicide is not criminally liable; only the person [Art. 254]
assisting him or her. [Id.] Of course, if the
suicide was consummated, there is obviously As to Intent to Kill
no criminal liability on the part of the person
There must be no There is intent to kill
who killed himself/herself since he/she would
intent to kill (conclusively
be dead
presumed if a person
died)
Euthanasia – commonly known as mercy
killing; the practice of painlessly putting to As to Rationale
death a person suffering from some incurable
disease. The discharge was Intent was to kill
● A doctor who resorts to euthanasia of intended merely to another
his patient may be liable for murder. frighten or cause
But if the patient himself asks to be alarm to the offended
killed by his doctor, this Article applies. party [People v.
[Id.] Hinolan, C.A., 47
O.G. 3596, cited in
i. Article 254 - Discharge of Firearms Reyes, Book Two].

Elements: [DN]
Alarms and Scandals vs. Discharge of
1. Offender Discharges a firearm against
or at another person. Firearms vs. Grave Threats
2. Offender has No intention to kill that Discharge Alarms and Grave
person. of Firearms Scandals Threats
[Art. 254] [Art. 155] [Art. 282]
Crime as long as Initially Aimed at
Offended Party As to the Place
The crime is the discharge of firearm, even if
the gun was not pointed at the offended party At any place Public place At any place
when it fired, as long as it was initially aimed by (and aimed
the accused at or against the offended party at a specific
[People v. Cupin, C.A., 40 O.G., Supp. 11, 21, person)
cited in REYES, Book 2]
As to Purpose
If Offended Party is Hit and Wounded To intimidate To cause To demand
If in the discharge of a firearm, the offended or frighten a disturbance money or
party is hit and wounded, there is a complex person or scandal impose any
crime of discharge of firearm with serious or other
less serious physical injuries. [People v. condition
Arquiza, G.R. No. 42128-42129]

Animus Interficendi
Intent to kill or animus inteficendi cannot be
automatically drawn from the mere fact that the
use of firearms is dangerous to life. Animus

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SECTION 2. Infanticide and Abortion As to Applicability of Mitigating
Circumstance of Concealment of
j. Article 255 – Infanticide Dishonor

Elements: [C-3] Not mitigating Mitigating

1. Child was killed by the accused; circumstance
2. Deceased child was less than 3 days
old (72 hours). k. Article 256 - Intentional Abortion
Persons Liable: Elements: [PVi-DI]
1. Father or mother of the child, whether
1. There is a Pregnant woman;
legitimate or illegitimate; or
2. Violence is exerted, or drugs or
2. Any other legitimate ascendant of the
beverages administered, or that the
child
accused otherwise acts upon such
3. A Stranger [Art. 255, Revised Penal
pregnant woman;
Code]
3. As a result of the above acts, the fetus
Dies, either in the womb or after having
Must be Born Alive been expelled therefrom; and
It is necessary that the child be born alive and 4. Abortion is Intended.
viable (capable of independent existence). [US
v. Vedra, G.R. No. 4779 (1908)] Punishable Acts [VAAW]
1. Use of Violence upon the pregnant woman;
Mitigating Circumstance 2. Acting, but without using violence and
Only the mother and maternal grandparents without the consent of the woman. (e.g., by
are entitled to mitigating circumstances of administering drugs or beverages upon such
concealing the mother’s dishonor. [Art. 255, pregnant woman without her consent.)
Revised Penal Code] 3. Acting (by administering drugs or
beverages), With the consent of the pregnant
Other Persons who Cooperate woman.
Others who cooperate with the mother or
grandparent for killing a child less than 3 days Persons Liable:
old will suffer the penalty for murder. (US v. 1. Person who intentionally caused the
Aquino, G.R. No. 11653] abortion under Art. 256; and
2. Pregnant woman if she consented, with
Parricide vs. Infanticide [Art. 246, 255, her liability defined under Art. 258
Revised Penal Code, Reyes]
Abortion
Parricide Infanticid
The willful killing of the fetus in the uterus or the
[Art. 246] [Art. 255]
violent expulsion of the fetus from the maternal
As to Basis of Crime womb which results in the death of the fetus.
[See People v. Paycana, 551 SCRA 657, G.R.
Based on Based on the age of No. 179035, Apr. 16, 2008]
relationship of the child (must be
offender and the less than 3 days old) Frustrated Abortion
victim Committed if the fetus that is expelled is viable
and, therefore, not dead. [Id]
As to Identity of the Victim
Complex Crime of Murder/Physical
May be committed Victim need not be a
against a relative relative Injuries and Abortion
If the mother as a consequence of abortion
suffers death or physical injuries, there is a
complex crime of murder or physical injuries
and abortion. [Id]
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Impossible Crime administering drugs
If the woman turns out not to be pregnant and or beverages upon
someone performs an abortion upon her, he is her)
liable for an impossible crime if the woman 3. Acting with the
suffers no physical injury. [Id] consent of the
pregnant woman
Abortion vs. Infanticide [People v. (e.g., administering
Paycana, 551 SCRA 657, G.R. No. drugs or beverages)
179035 (2008)]
As to Intent
Abortion Infanticide
[Art. 256] [Art. 255] Abortion is intended Violence inflicted
upon the pregnant
Fetus could not Fetus could sustain woman is
sustain independent an independent life intentionally exerted
life. No legal viability. after separation from by the accused, but
the mother’s womb. without intending an
abortion.
l. Article 257 - Unintentional Abortion As to Knowledge of Pregnancy

Elements: [PVID] Accused has knowledge as to the pregnancy

1. There is a Pregnant woman; of the woman.
2. Violence is used upon such pregnant
woman without intending an abortion;
3. The violence is Intentionally exerted; m. Article 258 - Abortion Practiced by
4. Result of violence – fetus Dies, either the Woman Herself or by Parents
in the womb or expelled therefrom
Elements: [PIC-HCP]
Killed by Husband 1. There is a Pregnant woman who
If the pregnant woman was killed by violence suffered an abortion;
by her husband, the crime committed is the 2. Abortion is Intended;
complex crime of parricide with unintentional 3. Abortion is Caused by –
abortion. [People v. Paycana, 551 SCRA 657, a. Pregnant woman Herself;
G.R. No. 179035 (2008)] b. Any other person, with her
Consent; or
Intentional Abortion vs. Unintentional c. Any of her Parents, with her
Abortion consent for the purpose of
concealing her dishonor.
Intentional Unintentional
Abortion [Art. 256] Abortion Liability:
[Art. 257] a. Pregnant Woman – under (a), (b), (c);
liable under this Article
As to Mode of Commission
b. Third Person - under (b); liable under
Art. 256 (Intentional Abortion)
Committed by: Committed only by
c. Parents – if the parents acted with the
1. Using any violence, that is,
pregnant woman’s consent under (c) to
violence upon the actual physical force.
conceal her honor, they are also liable
person of the
under this article. [Art. 258, Revised
pregnant woman
Penal Code]
2. Acting without
using violence and
without the Mitigating Circumstances
consent of the Penalty of a pregnant woman is mitigated if her
woman (e.g., purpose is to conceal her dishonor. [Art. 258,
Revised Penal Code] There is no mitigation for
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parents of the pregnant woman even if the Elements (for Pharmacists): [PPD]
purpose is to conceal dishonor in abortion, 1. Offender is a Pharmacist;
unlike in infanticide. [Art. 258, Revised Penal 2. No proper Prescription from a
Code] physician; and
3. Offender Dispenses any abortive.
Intentional Abortion vs. Abortion
Practiced by the Woman Herself Imposable Penalty
The penalties provided for intentional abortion
Intentional Abortion Practiced
shall be imposed in the maximum period. [Art.
Abortion [Art. 256] by the Woman
259, Revised Penal Code]
Herself
[Art. 258]
It is not necessary that the pharmacist
As to Liability knows that the abortive would be used to
cause an abortion.
Third person who Only the woman What is punished is the dispensing of the
caused the abortion herself or her abortive without the proper prescription. It is
is liable parents can be liable not necessary that the abortive be actually
used either. [See Art. 259, Revised Penal
As to Consent Code]

Abortion could have Woman must have SECTION 3. Duel

been done with or consented to the
without the consent abortion. Parents are
o. Article 260 - Responsibility of
of the pregnant liable if they acted
woman. with the pregnant Participants in a Duel
woman’s consent to
conceal her dishonor Modes: [DIC]
1. Killing one’s adversary in a Duel;
2. Inflicting upon such adversary physical
n. Article 259 - Abortion by a injuries; or
Physician or Midwife and Dispensing 3. Making a Combat although no physical
of Abortives injuries have been inflicted.

Persons Liable Persons Liable: [KS]

1. Physician or midwife who, taking 1. The person who Killed or inflicted
advantage of their scientific knowledge physical injuries upon his adversary, or
or skill, shall cause an abortion or both combatants in any other case, as
assist in causing an abortion. principals.
2. A pharmacist who, without proper 2. The Seconds, as accomplices.
prescription from a physician, shall
dispense any abortive. [Art. 259, Definition of Terms
Revised Penal Code] 1. Duel - Formal or regular combat
previously concerted between 2 parties
Elements (for Physicians or in the presence of two or more seconds
Midwifes): of lawful age on each side, who make
[PIPA] the selection of arms and fix all other
1. Pregnant suffered an abortion; conditions of the fight. [Black’s Law
2. Abortion is Intended; Dictionary; See REYES, Book 2]
3. Offender is a Physician or midwife, who 2. Seconds - Persons who make the
caused or assisted in causing the selection of arms and fix the other
abortion; and conditions of the fight. [Id]
4. Said physician or midwife took
Advantage of his or her scientific Imposable Penalty if Death Results
knowledge or skill. If death results, the penalty is the same as that
for homicide. [Id]
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Pre-Concerted Agreement to Fight generation; deprives clipping off any part
Self-defense cannot be invoked if there was a the offended, either of the body of the
pre-concerted agreement to fight, but if the totally or partially, of offended party, other
attack was made by the accused against his some essential than the essential
opponent before the appointed place and time, organ for organ for
there is an unlawful aggression, hence, self- reproduction. reproduction, to
defense can be claimed. [Justo v. CA, G.R. No. [REYES, Book 2] deprive him of that
L-8611] part of his body.
[REYES, Book 2]
p. Article 261 - Challenging to a Duel
As to Purpose
Modes: [CIS]
Mutilation is caused Purposely and
1. Challenging another to a duel;
2. Inciting another to give or accept a deliberately
challenge to a duel; or
3. Scoffing at or decrying another publicly Intent
for having refused to accept a Offender must have the intention to deprive the
challenge to fight a duel. offended party of a part of his body. If there is
no such intention, the crime will be serious
Persons Responsible: physical injuries. [Aguirre v. Sec. of Justice,
1. Challengers 547 SCRA 431, G.R. NO. 170723 (2008)]
2. Instigators [REYES, Book 2]
If victim under 12 years of age
Challenging to Duel Different from Under Sec. 10, RA 7610 (Special Protection of
Challenging to Fight Children Act), the penalty for other intentional
The person making the challenge must have in mutilation is reclusion perpetua. Specifically,
mind a formal combat to be concerted between RA 7610 provides that the penalty for the
him and the one challenged in the presence of commission of acts punishable under Articles
two or more seconds. [Art. 261, Revised Penal 248, 249, 262, paragraph 2, and 263,
Code; See People v. Tacomoy, G.R. No. L- paragraph 1 of Act No. 3815, as amended, the
4798, Jul. 16, 1951] Revised Penal Code, for the crimes of murder,
homicide, other intentional mutilation, and
serious physical injuries, respectively, shall be
2. Chapter II: Physical Injuries reclusion perpetua when the victim is under
twelve (12) years of age.
See: The Special Penal Laws Reviewer for a
discussion on the Anti-Hazing Act of 2018 and
R.A. 9262 (anti-VAWC Act) in relation to Arts. b. Article 263 - Serious Physical
263 to 266. Injuries

a. Article 262 – Mutilation Modes of Commission: [WoBAA]

1. By Wounding;
Mutilation 2. By Beating;
Lopping or clipping off of some part of the body 3. By Assaulting; or
4. By Administering injurious substance.
[U.S. v. Bogel, 7 Phil. 285; REYES, Book 2]
(Art. 264, Revised Penal Code)
Punishable Acts
Serious Physical Injuries
Mode 1: Castration Mode 2: Mayhem They are when the injured person, in
consequence of the physical injuries inflicted—
As to Body Part
[I-SMI-DMUI90-30]
1. Becomes Insane, an imbecile,
Castration is the Intentionally making
impotent or blind
mutilation of organs other mutilation, that
2. If the person injured:
necessary for is, by lopping or

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a. Loses the use of Speech or the • Impotence - an inability to copulate,
power to hear or to smell, or includes sterility.
loses an eye, a hand, a foot, an • Blindness - must be of two eyes, as
arm, or a leg, or the loss of one eye is punished under
b. Loses the use of any such par. 2
Member; or • Penalty is 1 degree higher when the
c. Becomes Incapacitated for the victim is under 12 years of age. [Sec.
work in which he was 10, R.A. 7610]
theretofore habitually engaged,
in consequence of the physical Characteristics of par. 2
injuries inflicted;
• Loss of power to hear - must be of
3. If the person injured:
both ears. If hearing in only one ear is
a. Becomes Deformed; or
lost, it falls under par. 3.
b. Loses any other Member of his
• Blindness – requires the loss of an eye
body; or
only, thus mere weakness of vision is
c. Loses the Use thereof; or
not contemplated [id.]
d. Becomes Ill or incapacitated for
the performance of the work in • Loss of the use of hand or
which he was habitually incapacity for work - must be
engaged for more than 90 permanent.
Days; • All the body parts mentioned are
4. Becomes ill or incapacitated for labor principal members of the body (eye,
for more than 30 days (but must not be hand, foot etc.) [Id]
more than 90 days).
Characteristics of par. 3
Intent to Kill • It covers any other part of the body
In physical injuries, there must be no intent to which is not a principal member of the
kill, otherwise the crime is frustrated/attempted body.
murder or homicide as the case may be. [See • Fingers of the hand are not principal
People v. Delim, G.R. No. 142773, Jan. 28, members and the loss of such falls
2003] under the third type. However, if it is
proven that the loss of the fingers
resulted in the loss of the use of the
Physical Injuries vs. Attempted or hand itself, it would fall under the
Frustrated Homicide second type. [US v. Punsalan, G.R.
Physical Injuries Attempted or No. 7539 (1912)]
[Art. 263] Frustrated
Homicide [Art. 249] Elements of Deformity: [UAV]
1. Physical Ugliness,
No intent to kill May be committed 2. Permanent and definite Abnormality,
offended party even if no physical and
injuries are inflicted 3. Conspicuous and Visible.
and the offender has
intent to kill party
Illness or Incapacity under Pars 2, 3,
and 4.
Characteristics of par. 1 • What is required is illness or incapacity
• Insanity – deranged or perverted and not medical attendance. [People v.
condition of mental faculties and is Obia, C.A. 45 O.G. 2568]
manifested in language and conduct. • Injured party must have a vocation
[People v. Domingo, G.R. No. 184343] at the time of the injury - Incapacity
• Imbecility - a more or less advanced therefore must relate to a certain kind
decay and feebleness of the of work only [See U.S. v. Bugarin, 16
intellectual faculties [Black’s Law Phil. 189]
Dictionary] • Work - includes studies or preparation
for a profession. Mere lessening of

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efficiency due to injury is not d. Article 265 - Less Serious Physical
incapacity. [Id] Injuries
• Type of Work
a. Par. 3 – work in which the offended
Elements: [IMP]
party is habitually engaged
1. Offended party:
b. Par. 4 – any type of labor
a. Is Incapacitated for labor for 10
days or more (but not more
No Attempted or Frustrated Physical
than 30 days); or
Injuries
b. Needs Medical attendance for
This felony is defined by the gravity of the
the same period of time;
injury. It is a crime of result. As long as there is
2. Physical injuries must not be those
no injury, there can be no attempted or
described in the Preceding articles.
frustrated stage thereof. [See Art. 263, Revised
Penal Code]
Qualified Less Serious Physical
Committed through Reckless Injuries
Imprudence Addition of a Fine Higher Penalty
Serious physical injuries may be committed by not exceeding Imposed
reckless imprudence or by simple imprudence P50,000
or negligence under Art. 365 in relation to Art. [Sec. 60, RA 10951
263. in re: Art. 265]

Qualifying Circumstances: 1. There is a The victim is either:

1. If it is committed against any of the persons manifest intent to
referred to in the crime of parricide under insult or offend the 1. Offender’s
Article 246; injured person; or parents, ascendants,
2. If any of the circumstances qualifying murder guardians,
attended its commission. [Art. 263, Revised 2. There are curators or teachers;
Penal Code] circumstances or
adding ignominy to
Note: The said qualified penalties are not the offense. 2. Persons of rank or
applicable to parents who inflict serious person in authority,
physical injuries upon their children by provided the crime is
excessive chastisement [Art, 263 (7), Revised not direct assault.
Penal Code]
e. Article 266 - Slight Physical Injuries
c. Article 264 - Administering Injurious and Maltreatment
Substances or Beverages
Modes [1-9-PI]
Elements: [IKI] 1. Physical injuries incapacitated the
1. Offender Inflicted any serious physical offended party for labor from 1-9 days,
injury; OR required medical attendance
2. It was done by Knowingly during the same period;
administering to him any injurious 2. Physical injuries did not Prevent the
substance or beverages or by taking offended party from engaging in his
advantage of his weakness of mind or habitual work or did not require medical
credulity; and attendance; or
3. There was no Intent to kill. 3. Ill-treatment of another by deed without
Note: Art 264 does not apply when the resulting causing any injury.
Physical Injuries are Less Serious or Light as
they will be treated under Art. 265 or Art. 266, Duration of Incapacity or Medical
as the case may be. Art. 264 specifically
mentions “any serious physical injury” [Art.
Attendance
264, Revised Penal Code] In the absence of evidence as to the duration
of the offended party’s incapacity for labor or
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medical attendance, the crime is only slight Physical Injuries vs. Attempted or
physical injuries. [People v. Arranchado, G.R. Frustrated Homicide
No. L-13943]
Physical Injuries Attempted or
[Art. 263, 265, 266] Frustrated
Supervening Event Converting the Homicide
Crime
Supervening event converting the crime into Existence of Physical Injuries
serious physical injuries after the filing of the
information for slight physical injuries can still General Rule: The May be
be the subject of amendment or of a new offender must have committed even
charge. [People v. Manolong, G.R.No. L-2288] inflicted physical Injuries if no physical
injuries inflicted
Slapping of Offended Party Exception:
General Rule: Slapping is a form of ill- Maltreatment (Art.
treatment which is a form of slight physical 266(3))
injuries.
Intent to Kill
Exception: If the slapping is done to cast
dishonor upon the person slapped, or to No intent to kill the With intent to kill
humiliate or embarrass the offended party out offended party offended party
of a quarrel or anger, the crime is slander by
deed. [See Art. 359, Revised Penal Code]
3. Chapter III : Rape
Summary:
Gravity Injury Days a. Article 266 - A – Rape (as amended
by RA 8353)
Serious Incapacity from Permanent
[Art. habitual work See: The Special Penal Laws Reviewer portion
236] on R.A. 9262 (Anti-VAWC Act) in relation to this
Illness/incapacity Over 90 section.
from habitual work days
Note: R.A. 11648 amends several provisions
Illness/incapacity 31-90 days related to Rape, R.A. 7610, Crimes Against
from labor Chastity and Crimes Against Public Morals.
Notably, among others, the threshold age for
Less Incapacity from 10-30 days statutory rape has been adjusted to 16 years
Serious labor/medical old. However, it was only approved on March
[Art. attendance required 4, 2022. This is beyond the June 30, 2021 cut-
265] off for the 2022 Bar Exam.
Slight Incapacity from 1-9 days
[Art. labor/medical
Mode 1: Rape by Sexual Intercourse
266] attendance required Elements: [MCC-FRM12]
1. Offender is a Man;
Physical injuries Regardless 2. Offender had Carnal knowledge of a
which did not of Days woman;
prevent the 3. Such act is accomplished under any of
offended party from the following Circumstances:
engaging in habitual a. By using Force, threat or
work nor did it intimidation;
require medial b. When the woman is deprived of
attendance Reason or is otherwise
unconscious;
c. By means of fraudulent
Machination or grave abuse of
authority; or
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d. When the woman is under 12 Classifications of Rape
years of age (Statutory Rape)
or is demented. Rape by Sexual Sexual Assault
Intercourse
Note: Under R.A. 11648 (not included
As to Offended Party
in the 2022 Bar Exam), rape by sexual
intercourse has become "gender-less."
Against a Woman Against a Woman or
A woman or man can be the
Man
perpetrator or victim. Moreover, under
the same law, there is a “sweetheart As to Offender
clause” wherein “there shall be no
criminal liability on the part of a person Always a Man Can now be
having carnal knowledge of another committed by a man
person sixteen (16) years of age when or woman, that is, if a
the age difference between the parties woman or a man
is not more than three (3) years, and uses an instrument
the sexual act in question is proven to on an orifice of male
be consensual, non-abusive, and non- or woman
exploitative”
As to Commission of Offense
Mode 2: Rape through Sexual Assault
Sexual intercourse Inserting a finger
Elements: [SM-PI-C-FDM12]
inside the genital of a
1. Offender commits an act of Sexual
woman or man is
assault;
rape through sexual
2. Act is committed by any of the following
assault within the
Means:
context of object
a. By inserting his Penis into
another person's mouth or anal
orifice; or Complete Penetration is Not Necessary
b. By inserting any Instrument or In rape, from the moment the offender has
object into the genital or anal carnal knowledge of the victim, he actually
orifice of another Person; attains his purpose, all the essential elements
3. Act is accomplished under any of the of the offense have been accomplished
following Circumstances: [People v. Orita, G.R. No. 88724 (1990)].
a. By using Force or intimidation;
or Moreover, it is not the number of times that
b. When the woman is Deprived appellant ejaculated but the penetration or
of reason or otherwise ‘touching’ that determines the consummation
unconscious; or of the sexual act [People v. Ferrer, G.R. No.
c. By means of fraudulent 142662 (2001); People v. Orilla, G.R. Nos.
Machination or grave abuse of 148939-40 (2004)].
authority; or
d. When the woman is under 12 Note: There is NO crime of frustrated rape. [Id.]
years of age or demented.
Rules on Accompanying
Chronological Age or Intellectual Disability Circumstances
In determining whether a person is twelve (12) ● In general, it cannot be forgotten that –
years of age under par. (d), the interpretation
ultimately – the gravamen of rape is
should be in accordance with either the sexual intercourse with a woman
chronological age of the child if he or she is not against her will or without her consent.
suffering from intellectual disability, or the
This is what must be supported by the
mental age if intellectual disability is evidence of the prosecution. Other
established [People v. Quintos, G.R. No.
details which do not bear on the very
199402, (2014)].
fact of the commission of the offense

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are insignificant [People v. XXX, G.R. found in Art. 266-D of the Revised Penal Code
No. 244609 (2020)]. [See also People vs. Las Piñas, Jr., G.R. No.
133444, (2002); People v. Metin, G.R. No.
1. Force, Threat or Intimidation – It is 140781 (2003)].
not necessary that the force employed
against the complaining woman in rape Note: When the offender in rape has an
be so great or of such a character as ascendancy on influence over the girl i.e. a
could not be resisted. It is enough that father over his daugher, it is not necessary that
the force used is sufficient to she put up a determined resistance [People v.
consummate the culprit's purpose of Metin, G.R. No. 140781 (2003)].
copulating with the offended woman
[People vs. Savellano, G.R. No. Moral Ascendancy or Influence
L31227 (1974)]. Moral ascendancy or influence exercised by
2. Deprived of Reason or Unconscious the accused over the victim substitutes for the
– means that the victim has no will to element of physical force or intimidation such
give consent intelligently and freely as those committed by:
[People v. Layson, C.A. 37 O.G. 318; 1. Fathers against their daughters
REYES, Book 2]. [People v. Bayona, G.R. No. 133343
3. Drowsiness - state of being drowsy, (2000)]
i.e., ready to fall asleep or half-asleep 2. Stepfathers against their
[People v. Salarza, G.R. No. 117682 stepdaughters [People v. Vitor, G.R.
(1997)]. No. 113690 (1995)]
4. Statutory Rape - rape of a woman who 3. A godfather against his goddaughter
is below 12 years of age; victim is [People v. Casil, G.R. No. 110836
conclusively presumed incapable of (1995)]
giving consent to sexual intercourse 4. Uncles against their nieces [People v.
with another [People v. Negosa, G.R. Betonio, G.R. No. 119165 (1997)]
Nos. 142856-7 (2003)]. 5. The first cousin of the victim’s mother
[People v. Perez, G.R. No. 129213
Note: R.A. 11648 amends several provisions (1999)]
related to Rape, R.A. 7610, Crimes Against
Chastity and Crimes Against Public Morals.
Notably, among others, the threshold age for Qualified and Simple Seduction;
statutory rape has been adjusted to 16 years When Absorbed
old. However, it was only approved on March Rape by means of fraudulent machinations and
4, 2022. This is beyond the June 30, 2021 cut- grave abuse of authority absorbs the crime of
off for the 2022 Bar Exam. qualified and simple seduction. [Id.]

Rule on Resistance Seclusion Not Necessary

Rape may, likewise, be committed in a room
Rule: Any physical overt act manifesting adjacent to where the victim's family is
resistance against the act of rape in any degree sleeping, or even in a room shared with other
from the offended party, or where the offended people [People v. Glivano, G.R. No. 177565
party is so situated as to render her/him (2008)].
incapable of giving valid consent, may be
accepted as evidence in the prosecution of the Evidence
acts punished under Article 266-A. [Art. 266-D, Any physical overt act manifesting resistance
Revised Penal Code] against the act of rape in any degree from the
offended party; or Where the offended party is
Note: It must be noted that the legal principle so situated as to render him/her incapable of
that there must be manifest and tenacious giving his consent [Art. 266-D, Revised Penal
resistance from the offended in acts of rape – Code].
physical struggle, not mere initial resistance or
verbal refusal [See REYES, Book 2 citing Sweetheart Doctrine
People vs. Lago, CA, 45 OG 1356] – IS NO Operates on the theory that the sexual act is
LONGER CONTROLLING in light of the rule consensual. It requires proof that the accused
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and the victim were lovers and that she Rape Shield Rule
consented to the sexual relations [People v. In prosecutions for rape, evidence of
Udang, G.R. No. 210161, (2018)]. complainant's past sexual conduct, opinion
thereof or of his/her reputation shall not be
It was previously ruled that being sweethearts admitted unless, and only to the extent that the
does not negate the commission of rape court finds, that such evidence is material and
because such does not give the appellant the relevant to the case. [Sec. 6, R.A. 8505 (“Rape
license to have sexual intercourse against the Victim Assistance and Protection Act of 1998”);
victim’s will [People vs. Olesco, G.R. No. See also People vs. Udang, id.]
174861, (2011)].
Marital Rape
However, in the later case of People vs. Udang
Prior to RA 8353, a husband cannot be guilty
[id.], it has been ruled that the theory may apply
of rape, however, under Art. 266-C of RA 8353,
in acts of lasciviousness and rape, felonies
he may now be held guilty [People v. Jumawan,
committed against or without the consent of the
G.R. No. 187495 (2014)].
victim, it operates on the theory that the sexual
act was consensual. It requires proof that the
accused and the victim were lovers and that Special Complex Crime
she consented to the sexual relations. 1. When the rape is attempted and a
homicide is committed by reason of or
Exception: Sweetheart doctrine cannot be on the occasion of attempted rape; and
invoked in instances involving sexual 2. When by reason of or on occasion of
intercourse and lascivious conduct involving consummated rape, homicide is
child abuse cases under RA 7610, where the committed. [Art. 266-B, Revised Penal
victim abused cannot validly give their consent Code]
to another person. In cases involving minors,
consent is immaterial [id.].

Designation of the Crime & Imposable Penalty [People v. Tulagan, G.R. No. 227363
(2019)]
Designation of the Crime & Imposable Penalty

Age of Victim: Under 12 years old or 12 years old or below 18, or 18 years old
demented 18 under special and above
circumstances

(i.e., 18 and above but are

unable to fully take care of
themselves or protect
themselves from abuse,
neglect, cruelty, exploitation
or discrimination because of
a physical or mental disability
or condition - Sec. 3(a), R.A.
7610)

Crime Committed:

Acts of Acts of Lasciviousness Lascivious conduct under Not

Lasciviousness under Article 336 of the Section 5(b) of R.A. No. 7610: applicable
committed against RPC in relation to Section reclusion temporal in its
children exploited in 5(b) of R.A. No. 7610: medium period to reclusion
prostitution or other reclusion temporal in its perpetua
sexual abuse medium period

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Sexual Assault Sexual Assault under Lascivious Conduct under Not
committed against Article 266-A(2) of the RPC Section 5(b) of R.A. No. 7610: applicable
children exploited in in relation to Section 5(b) of reclusion temporal in its
prostitution or other R.A. No. 7610: reclusion medium period to reclusion
sexual abuse temporal in its medium perpetua
period

Sexual Intercourse Rape under Article 266- Sexual Abuse under Section Not
committed against A(1) of the RPC: reclusion 5(b) of R.A. No. 7610: applicable
children exploited in perpetua, except when the reclusion temporal in its
prostitution or other victim is below 7 years old medium period to reclusion
sexual abuse in which case death perpetua
penalty shall be imposed

Note: This is subject to

R.A. No. 9346 entitled "An
Act Prohibiting the
Imposition of Death
Penalty in the Philippines."

Rape by carnal Rape under Article 266- Rape under Article 266-A(1) Rape under
knowledge A(1) in relation to Art. 266- in relation to Art. 266-B of the Article 266-
B of the RPC: reclusion RPC: reclusion perpetua A(1) of the
perpetua, except when the RPC:
victim is below 7 years old reclusion
in which case death perpetua
penalty shall be imposed

Rape by Sexual Sexual Assault under Lascivious Conduct under Sexual

Assault Article 266-A(2) of the RPC Section 5(b) of R.A. No. 7610: Assault under
in relation to Section 5(b) of reclusion temporal in its Article 266-
R.A. No. 7610: reclusion medium period to reclusion A(2) of the
temporal in its medium perpetua RPC: prision
period mayor

Note: R.A. 11648 amends several provisions common law spouse of the
related to Rape, R.A. 7610, Crimes Against parent of the victim
Chastity and Crimes Against Public Morals. b. Is under the Custody of the
Notably, among others, the threshold age for police / military authorities / law
statutory rape has been adjusted to 16 years enforcement agency
old. However, it was only approved on March c. Is a religious and such
4, 2022. This is beyond the June 30, 2021 cut- legitimate vocation is known by
off for the 2022 Bar Exam. the offender before or at the
time of rape
b. Article 266 - B – Qualified Rape d. Is a child below 7 yrs. old;
e. Suffered permanent or physical
Mutilation or disability by
Qualifying Circumstances reason or on the occasion of
1. If the victim: [18-C-7-M] rape
a. Is under 18 yrs. old, & the 2. If the offender: [SAPMF]
offender is a parent, a. Is afflicted with a Sexually
ascendant, step-parent, transmissible disease & the
guardian, relative by virus / disease is transmitted to
consanguinity or affinity w/in the victim;
the 3rd civil degree, or the b. Is a member of the AFP / PNP
/ any law enforcement agency /
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penal institution, & took his/her consent. [Art. 266-D, Revised
advantage of his position; Penal Code]
c. Knew of the Pregnancy of the
offended party at the time of the
commission of rape;
d. Knew of the Mental disability,
emotional disorder, or physical
handicap of the offended party
at the time of the commission of
rape
3. If Rape is committed in Full view of the
spouse, parent, any of the children, or
other relatives w/in the 3rd civil degree
of consanguinity

Note: Special qualifying circumstances have to

be alleged in the information for it to be
appreciated [People v. Gallo].

c. Art. 266 - C - Effect of Pardon

The following shall extinguish the criminal

action or the penalty imposed:
1. Subsequent valid marriage between
the offender and the offended party,
but only as to the husband.
2. Subsequent forgiveness by the wife as
the offended party when the legal
husband is the offender, provided their
marriage is not void ab initio. [Art. 266-
C, Revised Penal Code]

Applicability of Pardon; Only to Principals

Pardon is not applicable to accomplices,
accessories and multiple rapes. Since rape is
now categorized as a crime against persons,
marriage extinguishes the penal action only as
to the principal [See Art. 344, Revised Penal
Code which shows effect of pardon on all
involved, as regards crimes against chastity]
Moreover, this does not apply where multiple
rape was committed because while marriage
with one defendant extinguishes criminal
liability, it cannot be extended to acts
committed by others [People v. Bernardo, et
al., C.A. 38, O.G. 3479].

d. Art. 266 - D - Presumptions

Evidence which may be accepted:

1. Any physical overt act manifesting
resistance against the act of rape in
any degree from the offended party; or
2. Where the offended party is so situated
as to render him/her incapable of giving

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I. CRIMES AGAINST Lack of Consent is a Fundamental Element
The involuntariness of the seizure and
PERSONAL LIBERTY AND detention is the very essence of the crime.
Although the victim may have initially
SECURITY [ARTS. 267 - 292] consented to go with the offender to a place,
but the victim is thereafter prevented, with the
1. Chapter I: Crimes Against use of force, from leaving the place where he
Liberty was brought to with his consent and is detained
against his will, the offender is still guilty of
kidnapping and serious illegal detention
SECTION 1. Illegal Detention [People v. Pickrell, G.R. No. 120409 (2003)].

a. Article 267 - Kidnapping and Detention is Illegal when it is not ordered by

Serious Illegal Detention competent authority nor permitted by law [U.S.
v. Mendoza, 8 Phil. 468].
Elements
Placing Victim in an Enclosure is Not
1. Offender is a Private individual or a
Necessary, as long as he is deprived, in any
Public Officer who has no duty under
manner, of his liberty. It suffices that there be
the law to detain a person;
actual or manifest restraint on the person or
2. He Kidnaps or detains another, or in
liberty of the victim [People v. Crisostomo, et
any other manner deprives the latter of
al., 46 Phil. 775].
his liberty;
3. Detention or kidnapping is Illegal; and
Lack of Freedom to Leave at Will is
4. In the commission of the offense, any
Sufficient
of the following circumstances is
Leaving a child in the house of another, where
present:
he had freedom of locomotion but not the
a. Kidnapping lasts for More than
freedom to leave it at will, deprives him of
3 days;
liberty [People v. Acosta, 60 O.G. 6999].
b. It is committed Simulating
public authority;
c. Any Serious physical injuries Qualifying Circumstances:
are inflicted upon the person When any of the following circumstances are
kidnapped or detained or present, the penalty shall be death:
Threats to kill him are made; 1. When the victim is Killed or Dies as a
or consequence of the detention.
d. Person kidnapped or detained 2. When the victim is Raped.
is a Minor, Female, or a 3. When victim is subjected to Torture or
Public officer. dehumanizing acts.
e. The penalty shall be death
where the kidnapping or Note: Regardless of the presence or absence
detention was committed for of the above qualifying circumstances, the
the purpose of extorting penalty shall be death when a kidnapping is
Ransom from the victim or done for the purpose of extorting a ransom
any other person, even if [People v. Cenahonon, G.R. 169962 (2007)].
none of the circumstances
above-mentioned were present Ransom
in the commission of the Means money, price or consideration paid or
offense. demanded for the redemption of a captured
person that would release him from captivity.
Essential Element of kidnapping – No specific form of ransom is required and it
deprivation of the offended party’s liberty under does not matter whether or not ransom was
any of the four instances enumerated [People actually paid [People v. Jatulan, G.R. No.
v. Suarez, G.R. No. L-27352 (1969)]. 171563 (2007)].
• Actual demand for ransom is
unnecessary, as long as it can be
proven that the kidnapping was done
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for the purpose of extorting money Illegal Detention vs. Arbitrary
[People v. Gregorio y Amar, G.R. No. Detention [REYES, Book 2]
194235 (2016)]
Illegal Detention Arbitrary Detention
[Art. 267] [Art. 124]
Elements of Kidnapping for Ransom
[LDR] As to Offender
1. Intent on the part of the accused to
deprive the victim of Liberty Private individual or Public
2. Actual Deprivation of liberty public officer/employee
3. Motive of the accused: extorting officer/employee with a legal duty to
Ransom for release of victim [People who has no legal detain persons
v. Ejandra, G.R. No 174659 (2008)] duty to detain a
person
Special Complex Crime of Kidnapping
with Murder/Homicide As to Acts Committed
Where the person kidnapped is killed in the
Offender kidnaps, Public officer detains
course of the detention, regardless of whether
detains, or otherwise a person without
the killing was purposely sought or was merely
deprives a legal ground.
an afterthought, the crime is a special
person of liberty.
complex crime and the maximum penalty
shall be imposed as provided by the last As to Classification
paragraph of Art. 267. [Art. 267, Revised Penal
Code as amended by R.A. 7659, Sec. 8; R.A. Crime against Crime against the
7659 is cited in People v. Ramos, G.R. No. personal liberty fundamental laws of
118570 (1998)] the State

When Murder and not Kidnapping

a. If the primary and ultimate purpose b. Article 268 - Slight Illegal Detention
of the accused is to kill the victim -
the incidental deprivation of the victim’s Elements
liberty does not constitute kidnapping 1. Offender is a Private individual;
but is merely a preparatory act to the 2. S/he Kidnaps or detains another, or
killing and is absorbed by the killing of in any other manner deprives the
the victim [People v. Delim, G.R. No. victim of liberty.
142773 (2003)]. 3. Kidnapping or detention is Illegal; and
b. If from the acts of the accused it 4. Crime was committed Without the
cannot be inferred that the latter’s attendance of any of the
purpose was to actually detain or circumstances enumerated in Article
deprive the victim of his liberty - the 267.
subsequent killing of the victim did not
constitute the crime of kidnapping. The Liability of Person Furnishing the
demand for ransom does not convert
the crime into kidnapping, if no Place
deprivation of liberty was involved The liability of one who furnishes the place
[People v. Padica, G.R. No. 102645 where the offended party is being held captive
(1993)]. is that of a principal and not of an accomplice
[Art. 268, par. 2]
When grave coercion and not
Privileged Mitigating Circumstance
kidnapping The penalty is lowered if:
When a woman was carried away from her
1. Offended party is voluntarily Released
house by her fiancé to the latter’s house, not
within 3 days from the start of illegal
behind closed doors but watched, to force her
detention;
to marry him [People v. Dauatan, CA 35 O.G.
2. Without Attaining the intended
450].
purpose; and
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3. Before the institution of the Criminal
Crime Crime Against Fundamental
action.
against Law of the State
Liberty
Note: Voluntary release will only mitigate
criminal liability if crime was slight illegal Cause for Detention
detention. If serious, it has no effect [Asistio v.
Hon. San Diego, G.R. No. L-21991 (1964)]. Detention is without legal Detention is
ground for some
c. Article 269 - Unlawful Arrest legal ground

Elements How Crime is Committed

1. Offender Arrests or detains another
By making By detaining By failing to
person;
an arrest not a person deliver such
2. Purpose of the offender is to Deliver
authorized without legal person to the
him to the proper authorities; and
by law ground proper
3. Arrest or detention is Not authorized
although the judicial
by law or there is no reasonable ground
offender has authority
therefor.
authority to within a
make arrests certain
Offender period
The offender may be a private individual or a
public officer but the public officer must not be
vested with the authority to arrest or be acting SECTION 2. Kidnapping of Minors
in his official capacity [Duropan v. People, G.R.
No. 230825, Jun. 10, 2020, See People v. d. Article 270 - Kidnapping and Failure
Malasugui, 63 Phil. 221, G.R. No. L-44335, Jul.
to Return a Minor
30, 1936].
Elements
Arbitrary Detention vs. Unlawful 1. Offender is Entrusted with the
Arrest vs. Delay in the Delivery of custody of a minor person (under 18
Detained Persons [REYES, Book 2] years of age)
Unlawful Arbitrary Delay in 2. He Deliberately fails to restore the
Arrest Detention Delivery of said minor to his parents or guardians
[Art. 269] [Art. 124] Detained
Persons When Offender is a Parent
[Art. 125] The penalty is arresto mayor. [Art. 271,
Revised Penal Code]
As to Offender
Failure to Return a Minor included in
Any person Public Officer
Kidnapping and Serious Illegal
Detention
As to Purpose of the Offender Kidnapping and failure to return a minor is
necessarily included in kidnapping and serious
Intention to No intention Intention to illegal detention of a minor under Article 267(4)
bring the to bring the bring the since it constitutes deprivation of liberty
offender to offender to offender to [People v. Generosa, G.R. No. L-69236
the proper the proper the proper (1986)].
authority and authorities. authority and
file a case Intention is file a case
merely to
detain him.

As to the Classification

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Failure to Return Minor vs. Serious Minor Need Not Actually Abandon his
Illegal Detention Home
The minor should not leave his home of his own
Failure to Return Kidnapping and
free will. What constitutes the crime is the act
a Minor Serious Illegal
of inducing a minor to abandon the home of his
[Art. 270] Detention of Minors
guardian, and it is not necessary that the minor
[Art. 267]
actually abandons the home [People v.
As to Offender Apolinar, C.A., 62 O.G. 9044].

Offender is Offender is not Parents may Commit the Crime

entrusted with the entrusted with the Father or mother may commit the crimes in Art.
custody of the custody of the minor. 270 and 271 where they are living separately
minor and the custody of the minor children is given
Hence, where a minor to one of them. [Art. 271, Revised Penal Code]
child was taken without
the SECTION 3. Slavery and Servitude
knowledge and
consent of his parents,
the crime is kidnapping f. Article 272 – Slavery
and serious illegal
detention under Article See: The Special Penal Laws Reviewer for a
267. [People v. discussion on the Anti-Trafficking in Persons
Mendoza, G.R. No. Act of 2003, in relation to this section.
180501 (2008)]
Elements
As to Act Punished 1. Offender Purchases, Sells, Kidnaps
or Detains a human being; and
What is punished is What is punished is the 2. Purpose of the offender is to Enslave
the deliberate illegal detaining or such person.
failure of the kidnapping of the
offender having minor Qualifying Circumstance
custody of the The penalty is increased if the purpose of the
minor to restore offender is to assign the offended party to some
him to his parents immoral traffic. [Art. 272, par. 2]
or guardians
g. Article 273 - Exploitation of Child
e. Article 271 - Inducing a Minor to Labor
Abandon His Home
See: The Special Penal Laws Reviewer for a
discussion on the Anti-Trafficking in Persons
Elements [MI]: Act of 2003, in relation to this section.
1. Minor (under 18) is living in the home
of his parents or guardians or the
person entrusted with his custody; and Elements [RAD]:
2. Offender Induces said minor to 1. Offender Retains a minor in his
abandon such home. services;
2. It is Against the will of the minor; and
3. It is under the pretext of reimbursing
Requisites of Inducement himself of a Debt incurred by an
Inducement must be: [AID] ascendant, guardian or person
1. Actual, entrusted with the custody of such
2. Committed with criminal Intent, and minor.
3. Determined by a will to cause Damage
[People v. Paalam, C.A, 54 O.G. 8267-
8268].

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h. Article 274 - Services Rendered when the value of the
Under Compulsion in Payment of Debt services as
reasonably
Elements [HoLA-Pay]: assessed is not
1. Offender compels a debtor to work for applied toward the
him, either: liquidation of the
a. As a Household servant; or debt. [Section 3(c)]
b. Farm Laborer;
2. It is Against the debtor’s will; Only the debtor is The victim may
3. Purpose is to require or enforce compelled to work either be the debtor
Payment of a debt. himself or a person
under his/her control
Service under Compulsion vs. The debtor must be There is no
Exploitation of Child Labor compelled to work specification as to
Service under Exploitation of either as a the nature of the
Compulsion Child Labor household servant or work. However, the
[Art. 274] [Art. 273] farm laborer length and nature of
services must not be
As to the Victim clearly defined, or
the value of the
Does not distinguish Victim must be a services as
whether or not the minor reasonably
victim is a minor assessed is not
applied toward the
liquidation of the
As to the Person Compelled to Work debt.

The debtor himself is The minor is Must be against No indication that it

the one compelled to compelled to render debtor’s will should be against
work for the offender services for the debtor’s will or
supposed debt of his against the will of a
parents or guardian person under the
debtor’s control, as
As to Nature of Work long as the services
were pledged as
Limited to household Service is not limited security or payment
work or farm labor of a debt, subject to
the conditions under
Service under Compulsion vs. Debt Section 3(c).
Bondage under RA 9208
Service under Debt Bondage See: Special Penal Laws Reviewer for an in-
Compulsion [RA 9208] depth discussion on Anti-Trafficking in Persons
[Art. 274] Act of 2003, particularly Secs. 3 to 12 of the
law, for trafficking of persons is in the nature of
Crime whereby the The pledging by the modern-day slavery.
debtor is compelled debtor of his/her
to work for the personal services or
offender as a servant labor or those of a
or farm laborer to person under his/her
require or enforce control as security or
payment of a debt, payment for a debt,
against the former’s when the length and
will. nature of services is
not clearly defined or

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2. Chapter II: Crimes Against • The child under 7 years old must be
found in an unsafe place. This is
Security implied by the obligation under the
provision to bring the child “to a safe
SECTION 1. Abandonment of Helpless place”. [id]
Persons and Exploitation of Minors • It is immaterial that the offender does
not know that the child is under seven.
a. Article 275 - Abandonment of [id]
Persons in Danger and Abandonment
of Own Victim b. Article 276 - Abandoning a Minor

Punishable Acts Elements

1. Failing to render assistance to any 1. Offender has the Custody of a child;
person whom the offender finds in an 2. Child is under Seven years of age;
Uninhabited place, wounded or in 3. He Abandons such child; and
danger of dying when he can render 4. He has No intent to kill the child when
such assistance without detriment to the latter is abandoned.
himself, unless such omission shall
constitute a more serious offense. Qualifying Circumstances [DD]:
2. Failing to help or render assistance to 1. When the Death of the minor resulted
another whom the offender has from such abandonment; or
Accidentally wounded or injured; 2. If the life of the minor was in Danger
3. Failing to deliver a Child, under seven because of the abandonment.
years of age, whom the offender has
found abandoned, to the authorities or Abandonment
to his family, or by failing to deliver him Permanent, conscious and deliberate
to a safe place. abandonment is required. Abandonment is not
the momentary leaving of a child but is a
Elements of the First Punishable Act deprivation of care and protection from danger
1. Place is Uninhabited; to his person [People v. Bandian, G.R. No.
2. Accused found there a person 45186 (1936)].
Wounded or in danger of dying;
3. Accused can render assistance No Presumption of Intent to Kill
Without detriment to himself; and An intent to kill cannot be presumed from the
4. Accused Fails to render assistance. death of the victim in the crime of abandoning
a minor under Art. 276. Since Art. 276 is
Uninhabited Place inapplicable when the act shall constitute a
Whether a place is to be considered more serious offense, an intent to kill – if
uninhabited or not depends on the possibility proven – will cause the imposition of a different
of a person receiving assistance from another. penalty based on a different offense. [Art. 276]
The place may still be considered uninhabited
even if there are many houses around if the Loss of Parental Authority
possibility of receiving assistance is remote If the offender is the parent of the minor who is
[People v. Dizon, G.R. No. 134802, Oct. 26, abandoned, he shall be deprived of parental
2001]. authority. [Art. 332, New Civil Code]
Note:
• This provision does not apply when the c. Article 277 - Abandonment of Minor
offender intentionally wounds another. by Person Entrusted With Custody;
The use of the word “accidentally” Indifference of Parents
implies the act must be an accident. If
the act is intentional, the offender will Punishable Acts :
face the consequences of such act 1. Delivering a minor to a public institution
instead [Art. 275, Revised Penal Code] or other persons without the consent of

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the one who entrusted such minor to Abandonment of Minor by Person
the care of the offender or, in the Entrusted with Custody vs.
absence of that one, without the Abandonment of a Minor
consent of the proper authorities;
2. Neglecting his (offender’s) children by Abandonment by Abandonment of
not giving them the Education which Person Entrusted Minor
their station in life requires and with Custody [Art. 276]
financial condition permits [Art. 277]

Elements of Paragraph 1: As to Custody of the Offender

a. Offender was in charge of the Rearing
Custody specific to Custody in general
or education of a minor;
the rearing or
b. He Delivers said minor to a public
education of the child
institution or other persons; and
c. No Consent was obtained from the one As to Age of the Minor
who entrusted such child to the
offender; or if such person is absent, Minor must be under Minor must be under
the proper authorities have not 18 7
consented to it.
As to Act of Abandonment
Elements of Paragraph 2 [PES]:
a. Offender is a Parent; Minor is delivered to Minor is abandoned
b. He neglects his children by not giving a public institution or in such a way as to
them Education; and other person deprive him of care
c. His Station in life requires such and protection
education and his financial condition
permits it.
d. Article 278 - Exploitation of Minors
Note:
• Termination of obligation to educate Punishable Acts [DEDDI]:
children – such obligation terminates if 1. Causing any boy or girl under 16
the mother and children refuse without years of age to perform any
good reason to live with the accused Dangerous feat of balancing, physical
[People v. Miraflores, C.A.-G.R. No. strength or contortion, the offender
43384]. being any person;
2. Employing children under 16 years of
• Failure to give education must be
age who are not the children or
due to deliberate desire to evade
descendants of the offender in
such obligation – if the parents
cannot give education because they Exhibitions of acrobat, gymnast, rope-
walker, diver, or wild-animal tamer, the
had no means to do so, then they will
offender being an acrobat, etc., or
not be liable under this article [People
v. Francisco, C.A. 51 O.G. 1941, citing circus manager or engaged in a similar
calling;
7 Viada, Codigo Penal 5, Ed. 223].
3. Employing any Descendant under 12
years of age in dangerous exhibitions
enumerated in the next preceding
paragraph, the offender being engaged
in any of the said callings;
4. Delivering a child under 16 years of
age gratuitously to any person
following any of the callings
enumerated in mode 2, or to any
habitual vagrant or beggar, the
offender being an ascendant, guardian,
teacher or person entrusted in any
capacity with the care of such child;
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5. Inducing any child under 16 years of
age to abandon the home of its
ascendants, guardians, curators or
teachers to follow any person engaged
in any of the callings mentioned in
paragraph 2 or to accompany any
habitual vagrant or beggar, the
offender being any person.

Qualifying Circumstances:
Delivery of the child in consideration of any
price, compensation, or promise. [Art. 278,
Revised Penal Code]

Other Effects if Offender is Convicted:

1. Guardian or Curator – shall be
removed as such.
2. Parents – may be deprived of their
parental authority, temporarily or
perpetually, at the court’s discretion
[Art. 278, Revised Penal Code].

Exploitation of Minors vs. Inducing a

Minor to Abandon his Home [REYES,
Book 2]
Exploitation of Inducing a Minor to
Minor Abandon His Home
[Art. 278] [Art. 271]

As to Purpose

Purpose is to follow Purpose is to simply

any person engaged induce the minor to
in any of the callings leave his home.
mentioned

As to Age of Victim

Victim is under 16 Victim is a minor

years or 12 years of (below 18 years of
age age)

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Exploitation of Minors [Art. 278] vs. RA 7610
Exploitation of Minors Special Protection of Children Against Abuse,
[Art. 278] Exploitation, and Discrimination Act

As to Age of Victim

Below 16 years of age “Children” refers to person below eighteen (18) years of age or
a. Exploitation of Minors those over but are unable to fully take care of themselves or
(Pars. 1, 2, 4 and 5) [Art. protect themselves from abuse, neglect, cruelty, exploitation or
278] discrimination because of a physical or mental disability or
Below 12 years of age condition. [Section 3(a)]
a. Exploitation of Minors
(Par. 3) [Art. 278]

As to Acts Punishable

See list above: Punishable Acts a. Any person who shall commit any other acts of child
[DEDDI]. abuse, cruelty or exploitation or to be responsible for
other conditions prejudicial to the child’s development
b. Any person who shall keep or have in his company a
minor, twelve (12) years or under or who in ten (10)
years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension
house, sauna or massage parlor, beach and/or other
tourist resort or similar places
c. Any person who shall induce, deliver or offer a minor to
any one prohibited by RA 7610 to keep or have in his
company a minor
d. Coercing, forcing, or intimidating a street child or any
other child to: (1) Beg or use begging as a means of
living; (2) Act as conduit or middlemen in drug
trafficking or pushing; or (3) Conduct any illegal
activities. [Section 10]

Summary of Ages of Minors

Minor is one who is:
1. Below 18 years of age
a. Kidnapping and Failure to Return a Minor [Art. 270]
b. Abandonment of Minor Entrusted with His Custody; Indifference of Parents [Art. 277]
c. Swindling a Minor [Art. 317]
2. Below 16 years of age
a. Exploitation of Minors (Pars. 1, 2, 4 and 5) [Art. 278]
3. Below 12 years of age
a. Exploitation of Minors (Par. 3) [Art. 278]
4. Below 7 years of age
a. Abandoning a Minor [Art. 276]
b. Abandonment of helpless persons in danger and abandonment of one’s own victim (Par
3) [Art. 275(3)]

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e. Article 279 – Additional Penalties offender (qualified trespass) [US v. Abanto,
for Other Offenses G.R. No. 5266. February 16, 1910].
● Violence or intimidation may take
Other Penalties may be Imposed place immediately after the entrance
The penalties prescribed in Art 275-278 shall [US v. Arceo, G.R. No. 1491 (1904)].
not prevent the imposition of penalties under
other provisions of the RPC upon the same Implied Prohibition
offender. 1. If the entry is made through a way not
intended for entry, it is presumed to be
SECTION 2. Trespass to Dwelling against the will of the occupant
(example, entry through a window)
f. Article 280 - Qualified Trespass to [People v. Marcial, CA. 50 0G 3122].
2. When one enters the dwelling of
Dwelling another at late hour of the night after
the occupants have retired and closed
Elements [PEW] their doors does so against their will.
1. Offender is a Private person; Prohibition is presumed [US v. Mesina,
2. He Enters the dwelling of another; and G.R. No. 6717 (1911); US v. Panes,
3. Such entrance is against the latter’s G.R. 7987 (1913)].
Will.
Crime Committed if a Person is Killed
Qualifying Circumstance: If a person was killed after trespass by the
Offense is committed by means of violence or offender, the following crimes are committed:
intimidation. 1. If there was no intent to kill when he
entered: separate crimes of homicide
It is not necessary that the dwelling be the or murder, and trespass to dwelling.
permanent dwelling of the person. A person’s 2. If there was intent to kill when he
room in a hotel may be considered a dwelling. entered: the crime is homicide or
It also includes a room where one resides as a murder with dwelling as an aggravating
boarder [U.S. v. Silvano, 31 Phil. 510]. circumstance [See People v. Delim,
G.R. No. 142773, Jan. 28, 2003].
Authority to Invite into House
All members of a household are presumed to Owners may be Guilty of Trespass
have authority to extend an invitation to enter Trespass may be committed by the owner of a
the house [US v. Dulfo, G.R. No. 4133 (1908)]. dwelling (i.e. lessor enters the house leased to
another against the latter’s will). [People v.
Prohibition Required Almeda et al.,15 Phil 223]

General Rule: Prohibition must be in existence What is Not Considered Trespass

prior to or at the time of entrance. The entrance [PSC]:
must be against the presumed, or implied, or 1. Entrance to another’s dwelling made
express prohibition of the occupant. Lack of for the purpose of Preventing some
permission does not amount to prohibition serious harm to himself, the occupants
[People v. De Peralta, G.R. No. 17332 (1921)]. of the dwelling, or a third person.
2. If the purpose is to render some
Exception: Prohibition is not necessary when Service to humanity or justice.
violence or intimidation is employed by the 3. If the place where entrance is made is
a Café, tavern, inn, and other public
house, while the same are open.

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Violation of Domicile vs. Trespass to Qualified Trespass vs. Other Forms of
Dwelling Trespass [REYES, Book 2]
Violation of Trespass to Qualified Trespass Other Forms of
Domicile Dwelling to Dwelling Trespass
[Art. 128] [Art. 280] [Art. 280] [Art. 281]

Classification As to Offender

Crimes against Crime against Offender is a private Offender is any

Fundamental Laws Security person person
of the State
As to the Premises Entered
As to Offender
Offender enters a Offender enters
Public officer or Private individual dwelling closed premises or
employee, not fenced estate
authorized by any
judicial order As to Place

As to Manner of Commission Place entered is Place entered is

inhabited uninhabited
1. Entering the Entering the dwelling
dwelling against the against the will of the As to Act Punished
will of the owner owner.
2. Surreptitiously Entering the dwelling Entering the closed
entering the dwelling against the will of the premises or the
and refusing to leave owner fenced estate
after being required without securing the
to do so. permission of the
owner or caretaker.

As to Prohibition
g. Article 281 - Other Forms of
Trespass Prohibition to enter is Prohibition to enter
express or implied must be manifest
Elements
1. Offender enters the Closed premises SECTION 3. Threats and Coercion
or the fenced estate of another;
2. Entrance is made while either of them
h. Article 282 - Grave Threats
is Uninhabited; \
3. Prohibition to enter is Manifest; and
4. Trespasser has Not secured the Punishable Acts
permission of the owner or the 1. Threatening another with the infliction
caretaker thereof. upon his person, honor or property or
that of this family of any wrong
amounting to a crime and demanding
money or imposing any other condition,
even though not unlawful, and the
offender Attained his purpose;
2. Making such threat Without the
offender attaining his purpose;

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3. Threatening another with the infliction When Consummated
upon his person, honor or property or As soon as the threats came to the knowledge
that of his family of any wrong of the offended party [People v. Bueza, G.R.
amounting to a Crime, the threat not No. 242513 (2020)].
being subject to a condition.
Commission of Crime Threatened
Elements: If there is another crime actually committed or
Mode 1: Mode 2: Mode 3: the objective of the offender is another crime
Threatening, Threat w/o Threat of and the threat is only a means to commit or a
even if not attaining crime mere incident to its commission, the threats are
unlawful purpose [TCNN] absorbed by the latter.
[TCDA] [TCDN]
Example: When threats are made and money
1. Offender Threatens another person with or property is demanded on the spot, the crime
the infliction upon the latter’s person, honor may be robbery with intimidation [US v. Osorio,
or property, or upon that of the latter’s G.R. No. 6660 (1912)].
family, of any wrong.
Sec. 1(h) of PD 1829 (Obstruction of
2. Such wrong amounts to a Crime. Justice)
Threatening the infliction of any wrong upon
3. There is a Demand for 3. Threat is another’s person, honor, or property or that of
money or that any other Not subject any of his immediate family members or the
condition is imposed, even to a imposition of a condition, whether lawful or
though not unlawful. condition. unlawful, shall be punished as obstruction of
justice when the purpose of such is to prevent
4. Offender 4. Offender
a person from appearing in the investigation of,
Attains his does Not
or official proceedings in criminal cases [Sec
purpose attain his
1(h), P.D. No. 1829].
purpose.
i. Article 283 - Light Threats
Third Type of Grave Threats
The third type of grave threats must be serious Elements
and deliberate; the offender must persist in the 1. Offender makes a Threat to commit a
idea involved in his threats. The threat should wrong;
not be made in the heat of anger, because such 2. Wrong does Not constitute a crime;
is punished under Article 285. If the condition 3. There is a Demand for money or that
is not proved, it is grave threats of the third type other condition is imposed, even
[U.S. v. Paguiran, G.R. No. 5348, (1909)]. though not unlawful; and
4. Offender has Attained his purpose or
Qualifying Circumstance: that he has Not attained his purpose.
If the threat was made in writing or through a
middleman, penalties imposed will be that of Note: Blackmailing may be punished under this
the maximum period [Art. 282, Revised Penal article, in that what is threatened is a “wrong
Code]. not constituting a crime” [See Art. 283, Revised
Penal Code]
Offended Party Need Not be Present
It is not necessary that the offended party was
present at the time the threats were made. It is
sufficient that the threats came to the
knowledge of the offended party [People v.
Bueza, G.R. No. 242513 (2020)].

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Grave Threats vs. Light Threats Not a distinct penalty A distinct penalty
[REYES, Book 2]
Grave Threats Light Threats
[Art 282] [Art 283] k. Article 285 – Other Light Threats

Acts Threatened to be Committed Punishable Acts

1. Threatening another with a Weapon;
Act threatened Act threatened does 2. Drawing such weapon in a quarrel,
amounts to a crime not amount to a unless it be in lawful self-defense;
crime 3. Orally threatening another, in the heat
of Anger, with some harm constituting
As to Demand for Money a Crime, without persisting in the idea
involved in his threat; and
Demand is not an Demand for 4. Orally threatening to do another any
essential element money/imposition of harm Not constituting a felony.
under mode 3. any condition is an
essential element
whether attained or If Uttered in Anger
not. If the threats are directed to a person who is
absent and uttered in a temporary fit of anger,
the offense is only other light threats [People v.
j. Article 284 - Bond for Good Behavior Fontanilla, G.R. No. 39248 (1934)].

When a Person is Required to Give Other Light Threats vs. Grave/Light

Bail Bond Threats
When the offender threatens another under the Other Light Threats Grave Threats and
circumstances mentioned in: [Art 285] Light Threats [Arts.
1. Art. 282 (Grave Threats); or 282 and 283]
2. Art. 283 (Light Threats).
As to Demand/Condition
Bond for Good Behavior vs. Bond to
Keep the Peace No demand for In certain cases,
[REYES, Book 2] money or condition is demand or condition
imposed is material
Bond for Good Bond to Keep the
Behavior Peace As to Threat
[Art 284] [Art 35]
Threat is not Threat is deliberate
As to Applicability to Cases deliberate

Applicable only to Not applicable to any

grave threats and particular case l. Article 286 - Grave Coercions
light threats
Threats vs. Coercion
Effect of Failure to Give
Threats Coercion
He shall be He shall be detained
sentenced to for a period not As to Threatened Harm
destierro. exceeding 6 months
(if prosecuted for Threatened harm is Threatened harm
grave/less grave future and must be imminent,
felony) or not conditional actual, and
exceeding 30 days immediate
(light felony)

As a Penalty
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3. Preventing another to perform any
As to Whom Violence is Directed
Religious act [Art. 286, Revised Penal
Intimidation is Intimidation is Code]
directed against the directed against the
victim or his family victim only Grave Coercion vs. Illegal Detention
[REYES, Book 2]

Elements Grave Illegal Maltreatment

Coercion Detention of Prisoners
Mode 1: Mode 2: [Art. 286] [Art. 267- [Art. 235]
Preventing Compelling 268]
something not Another to do
Prohibited by Law Something against As to Offender
[PVN] his Will [CVN]
Any person Private Public Officer
1. Offender 1. Offender individual or employee
Prevented another Compelled another
from doing to do something As to Offended Party
something not against is will; be it
prohibited by law right or wrong Offended party is not a Offended party
prisoner is a prisoner
2. Effected by Violence, threats or
intimidation As to Essential Element

3. Restraint is Not made under authority of Coercion or Actual Maltreatment

law or in the exercise of any lawful right prevention confinement related to
by violence, or restraint correction/
threats or of the handling of
When Prevention is Not Considered intimidation person prisoner or to
Coercion . extort a
a. Interruption of religious worship [Art. confession or
132, RPC]. There is no information
b. Acts tending to prevent the meeting of clear intent
the Assembly and similar bodies. [Art. of depriving
143, RPC]. of liberty.
c. Violation of parliamentary Immunity.
[Art. 145, RPC].
d. Light coercion [Art. 287, RPC].
m. Article 287 - Light Coercions
When Compulsion is not Considered
Coercion Elements:
a. Expulsion [Art 127, RPC] 1. Offender must be a Creditor;
b. Kidnapping of debtor to compel him to 2. He Seizes anything belonging to his
pay [Art. 267, RPC] debtor;
3. Seizure of the thing is accomplished by
When Consummated means of Violence or a display of
Coercion is consummated even if the offended material force producing intimidation;
party did not accede to the purpose of coercion and
[US v. Cusi, G.R. No. 3699 (1908)]. 4. Purpose of the offender is to Apply the
same to the payment of the debt.
Qualifying Circumstances [SRR] Note: Any other coercion or unjust vexation is
1. Violation of the exercise of the right of also punishable under this provision.
Suffrage
2. Compelling another to perform any
Religious Act Unjust Vexation
It includes any human conduct which, although
not productive of some physical or material
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harm would, however, unjustifiably annoy or Elements
vex an innocent person. [People v. Sumingwa, a. Offender is any person, agent
G.R. No. 183619 (2009)] or Officer of any association or
corporation;
A man who kissed a girl and held her tightly to b. He or such firm or corporation
his breast is guilty of unjust vexation (People v. has employed Laborers or
Climaco, 46 OG 3186). But the conduct of the employees;
accused should not be lascivious, for c. He forces or compels, directly
otherwise, he is liable for acts of lasciviousness or indirectly, or knowingly
under Art. 366. [People v. Añonuevo, 36 OG permits to be forced or
2018] compelled, any of his or its
laborers or employees to
Grave Coercion vs. Unjust Vexation Purchase merchandise or
[REYES, Book 2] commodities of any kind from
him or from said firm or
Grave Coercion Unjust Vexation corporation.
[Art. 286] [Art. 287]
2. Paying the wages due his laborer or
As to Violence and Intimidation employee by means of Tokens or
object other than the legal tender
There is violence or There is no violence
currency of the Philippines, unless
intimidation or intimidation
expressly requested by such laborer or
employee.
Light Coercion vs. Robbery vs. Estafa
[BOADO] Elements [TON]:
a. Offender (employer) pays the
Light Robbery Estafa by wages due a laborer or
Coercion [Art. 294] Means of employee by means of Tokens
[Art. 287] Deceit or object;
[Art. 315 b. Those tokens or Objects are
(2 & 3)] not the legal tender currency of
the Philippines;
Property Value of the No obligation c. Such employee or laborer does
seized is property on the part of Not expressly request that he
applied to seized is the offended be paid by means of tokens or
debt by greater than party (no objects.
means of the debt and debt is
violence. violence, involved) but
intimidation deceit
o. Article 289 - Formation,
or use of caused Maintenance, and Prohibition of
force upon damage to Combination of Capital or Labor
things is him. through Violence or Threats (repealed
employed by Labor Code) place labor code
provision which repealed
n. Article 288 - Other Similar
Coercions Elements [ViCo]:
1. Offender employs Violence or
threats, in such a degree as to compel
Punishable Acts or force the laborers or employers in
1. Forcing or compelling, directly or the free and legal exercise of their
indirectly, or knowingly permitting the industry or work; and
forcing or compelling of the laborer or 2. Purpose is to organize, maintain or
employee of the offender to Purchase prevent Coalitions of capital or labor,
merchandise of commodities of any strike of laborers or lockout of
kind from him; employers.

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Note: The punishable acts contemplated under b. Article 291 - Revealing Secrets with
this article, are now covered by Art. 259 of the Abuse of Office
Labor Code (Unfair Labor Practices). Art. 303
of the same, provides for the penalties to be
imposed (not less than P1,000 nor more than Elements
P10,000, or imprisonment of not less than 1. Offender is a Manager, Employee or
three months nor more than three year, or both Servant;
such fine and imprisonment, at the discretion of 2. He Learns the secrets of his principal
the court). Art. 317, also of the same code, or master in such capacity; and
prescribes that all provisions of existing laws 3. He Reveals such secrets.
inconsistent with the Labor Code are hereby
repealed. Art. 289 of the Revised Penal Code Damage Immaterial
is included. An employee, manager, or servant who reveals
the secret of his master or principal shall be
liable regardless of the damage suffered by the
3. Chapter III: Discovery and principal or master. There is no requirement of
Revelation of Secrets damage in the provision. [See Art. 291,
Revised Penal Code]
See: The Special Penal Laws Reviewer for a
discussion on the Cybercrime Prevention Act Secrets Learned in the Course of
of 2012 and the Anti-Wire Tapping Act in
Employment
relation to this Chapter
Essence of this crime is that the offender
learned of the secret in the course of his
a. Article 290 - Discovering Secrets employment, based on the qualifier “in such
through Seizure of Correspondence capacity”. With the reason being that no one
Elements has a right to the personal privacy of another.
1. Offender is a Private individual or a [See Art. 291, Revised Penal Code]
public officer not in the exercise of his
official function; Discovering Secrets through Seizure
2. He Seizes the papers or letters of
of Correspondence v. Public Officer
another;
3. Purpose is to Discover the secrets of Revealing Secrets of Private
such another person; and Individual vs. Revealing Secrets with
4. Offender is Informed of the contents of Abuse of Office
the papers or letters seized.
Discovering Public Revealing
Note: Discovering secrets through seizure of
Secrets Officer Secrets
correspondence cannot be committed through
through Revealing with Abuse
negligence. The accused must be dictated by
Seizure of Secrets of of Office
the desire to discover secrets [See People v.
Correspon- Private [Art. 291]
Otto, Jr., C.A., 50 O.G. 3127].
dence [Art. Individual
290] [Art. 230]
Persons Not Covered by Art. 290
Provision is not applicable to parents, As to Offender
guardians, or persons entrusted with the
custody of minors placed under their care or Private Public Manager,
custody, and to the spouses with respect to the Individual or Officer Employee or
papers or letters of either of them. [Art. 290, Public Officer Servant
Revised Penal Code] not in the serving a
exercise of his Principal or
Qualifying Circumstance official Master
Offender reveals the contents to a third person. functions
[Art. 290, par. 2, Revised Penal Code]
As to Where Secrets are Contained

Papers or No specific No specific

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letters of medium. medium.
another What is The offender
necessary learns of the
is that the secret by
offender reason of
learns of her or his
the secret employment.
by reason
of his
office

As to Revelation of Secrets

Secrets need Secrets must be revealed

not be
revealed.

c. Article 292 - Revelation of Industrial

Secrets

Elements
1. Offender is a person in charge,
employee or workman of a
manufacturing or industrial
Establishment;
2. The manufacturing or industrial
establishment has a Secret of the
industry which the offender has
learned;
3. Offender Reveals such secrets; and
4. Prejudice is caused to the owner.

Note:
• Secrets must relate to manufacturing
processes, as opposed to generally
used processes for in such case they
are secret [REYES, Book 2]
• The revelation of the secret might be
made even after the employee or
workman had ceased to be connected
with the establishment, as the article
did not state the time when the secret
should be revealed . [Art. 292, Revised
Penal Code]

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J. CRIMES AGAINST also other provisions on partnership
and co-ownership]
PROPERTY [ARTS. 293 -
2. There is unlawful Taking of that property;
332]
Taking - Depriving the offended party of
1. Chapter I: Robbery in General ownership of the thing taken with the character
of permanency [Bernal vs. CA, G.R. No. L-
a. Article 293 – Who Are Guilty of 32798, (1988)]
Robbery Unlawful taking is complete:
a. As to Robbery with Violence against
Classifications of Robbery: [ViFo] or Intimidation of Persons – From the
1. Robbery with Violence against, or moment the offender gains possession
intimidation of persons [Arts. 294, 297 of the thing, even if the culprit had no
& 298]; and opportunity to dispose of the same
2. Robbery by use of Force upon things [People v. Salvilla, G.R. No. 86163,
[Arts. 299 & 302] (1990)].
b. As to Robbery with Force Upon
Elements of Robbery in General: Things – Theft or robbery is
1. There is a Personal property consummated after the accused had
belonging to another; taken material possession of the thing
2. There is unlawful Taking of that with intent to appropriate the same,
property; although his act of making use of the
3. The taking must be with Intent to gain; thing was frustrated [U.S. v. Adiao, 38
and Phil. 754].
4. There is:
a. Violence against or intimidation When Crime is Estafa and not Robbery
of any person; or If the thing is lawfully seized and the idea of
b. Force used upon things misappropriating it is conceived only after it
came into their possession, the crime
1. There is a Personal property belonging to committed would be estafa [U.S. v. Sana Lim,
another; G.R. No. 9604, (1914)].

Rules: 3. The taking must be with Intent to gain;

a. Property taken must be personal – if and
real property/right is the one usurped,
the crime is usurpation under Art. 312. Intent to Gain is Presumed
[Castrodes v. Cubelo, G.R. No. L- Intent to gain is presumed from the unlawful
47033, [Jun. 16, 1978]] taking of personal property belonging to
b. Prohibited articles may be the another, unless taken with the belief that it was
subject of a Robbery - example: his own [Omana v. People, G.R. No. L-46807,
Opium [U.S. v. Sana Lim, G.R. No. citing People v. Sia Teb Ban, 54 Phil. 52].
9604, (1914)]
c. Person from whom the personal Elements of “Personal Property belonging
property taken need not be the to Another” and “Intent to Gain” must
owner - possession of the property is concur:
sufficient [U.S. v. Albao, G.R. No. a. If the accused, with intent to gain, took
9369, [Dec. 24, 1914]] from another, personal property which
d. Co-owner or Partner cannot commit turned out to be his own property, the
Robbery - following the rule that property not belonging to another, he
property stolen must belong to another; cannot be held liable for robbery;
a co-owner or partner cannot commit b. If he took personal property from
robbery with regard to the co- another, believing that it was his own
ownership or partnership property. property, but in reality it belonged to the
[Arts. 484, 1811, New Civil Code; See offended party, there being no intent to
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gain, he cannot be held liable for
building [Art. 299 &
robbery.
302, RPC]
4. There is: As to Basis of Penalty
a. Violence against or intimidation of
any person; or Penalty depends on: If committed in an
b. Force used upon things. [RIn] inhabited house,
1. Result of the public building, or
General Rule: Violence or intimidation must be violence used (e.g., edifice devoted to
present before the taking of personal property whether homicide, religious worship, the
is complete. rape or physical penalty is based on:
injuries were also [VA]
Exception: When violence results in: committed); and 1. Value of the thing
a. Homicide; 2. Existence of taken; and
b. Rape; Intimidation. 2. Whether offenders
c. Intentional mutilation; or carry Arms
d. Any of the serious physical injuries Value of the thing
penalized in paragraphs 1 and 2 of Art. taken is immaterial.
263;
[id.]
Taking of personal property is robbery
complexed with any of those crimes under Art. Effect When Both Violence or
294, even if the taking was already complete Intimidation and Force Upon Things are
when the violence was used by the offender. Present
When the offender takes personal property
Violence must be Against the Person belonging to another with intent to gain and
Offended employs violence against or intimidation on any
The violence must be against the person of the person, the crime is robbery with violence
offended party, not upon the thing taken against or intimidation of persons, even if the
[Ablaza v. People, G.R. No. 217722, (2018); robbery was committed after the offender had
Del Rosario v. People, G.R. No. 235739 entered the same through a window, or after
(2019)]]. breaking its door or wall [Napolis v. CA, G.R.
No. 197562, (2015)].
Violence Against or Intimidation of
Persons vs. Force Upon Things SECTION 1. Robbery with Violence
Violence Against Force Upon Things Against or Intimidation of Persons
or Intimidation of
Persons b. Article 294 – Robbery with Violence
or Intimidation of Persons
As to Effect

Whenever violence There is robbery only Punishable Acts:

against or if force is used to: 1. When by reason or on occasion of the
intimidation of any [EBF] robbery, the crime of Homicide is
person is used, the 1. Enter the building; committed;
taking of personal 2. Break doors, 2. When the robbery is accompanied by
property belonging to wardrobes, chests, Rape or intentional mutilation or arson;
another is always or any other kind of 3. When by reason or on occasion of such
robbery locked or sealed robbery any of the physical injuries
furniture or resulting in Insanity, imbecility,
receptacle inside the impotency or blindness is inflicted;
building; or 4. When by reason or on occasion of
3. Force them open robbery, any of the Physical injuries
outside after taking penalized in Art. 263(2) [Serious
the same from the Physical Injuries] is inflicted;

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a. Loss of the use of speech or Special Complex Crimes Under Art.
the power to hear or to smell, or 294:
the loss of an eye, a hand, a
foot, an arm or a leg; or
b. Loss of the use of any such
1. Robbery with Homicide
member; or
Homicide - is to be understood in its generic
c. Incapacity for the work in which
sense as to include parricide and murder
the injured person is
[People v. Diu, G.R. No. 201449 (2013)].
theretofore habitually engaged
is inflicted.
Robbery must be the Main Purpose
5. If the violence or intimidation employed
A conviction for robbery with homicide requires
in the commission of the robbery is
certitude that the robbery was the main
carried to a degree clearly
purpose and objective of the criminals and that
Unnecessary for its commission.
the killing was merely incidental, resulting
6. When in the course of its execution, the
merely by reason or on the occasion of the
offender inflicted upon any person Not
robbery [People vs. Salazar, G.R. No. 99355,
responsible for the commission of the
(1997)].
robbery any of the Physical Injuries
covered by Art 263(3 & 4) of the RPC;
“By reason or on occasion of the robbery”-
when the person injured:
means that the homicide or serious physical
a. Becomes deformed; or
injuries must be committed in the course or
b. Loses any other member of his
because of the robbery. Otherwise, they shall
body; or
be separate offenses [People v. Torres, G.R.
c. Loses the use thereof; or
No 130661 (2011); People v. Mabasa, 65 Phil.
d. Becomes ill or incapacitated for
568; People v. Atanacio, G.R. No. L-11844,
the performance of the work in
(1960)].
which he is habitually engaged
for labor for more than 90 days;
Absorption of Other Felonies Committed
or
All the felonies committed by reason of or on
e. Becomes ill or incapacitated for
the occasion of the robbery (e.g., rape,
labor for more than 30 days,
intentional mutilation, etc.) are integrated into
but not more than 90 days.
one and individisible felony of robbery with
7. If the Violence employed by the
homicide [People v. Madrelejos, G.R. No.
offender:
225328, (2018), citing People v. Ebet, G.R. No.
a. Does not cause any of the
181635, (2010].
serious physical injuries
defined in Art. 263, or
When Not Complexed
b. If the offender employs
In the following instances, there will be two
intimidation only.
separate crimes of homicide or murder and
robbery:
Note: The crime defined in this article is a
1. When homicide was not committed by
special complex crime [Art. 294, Revised Penal
reason of or on occasion of the robbery
Code; People v. Palema, G. R. No. 228000
2. When intent to take was merely an
(2019)].
afterthought; such as when the idea of
This article only applies where robbery with
taking the personal property of another
violence against or intimidation of persons
with intent to gain came to the mind of
takes place without entering an inhabited
the offender after he had killed the
house under the circumstances in Art. 299
victim [People v. Toleng, 91 SCRA
(Robbery in an Inhabited House or Public
382].
Building). When both robbery with intimidation
or violence under Art. 294 and robbery in an
However, homicide may precede robbery or
inhabited house under Art. 299 are committed,
may occur after the robbery. What is essential
both crimes shall be complexed. In such a
is that there be a direct and intimate
case, the penalty for the more serious crime
relation/connection between the robbery and
shall be imposed [Napolis vs. CA, G.R. No. L –
killing, provided that the taking is not merely an
28865, (1972)].
afterthought [People v. Jabiniao, G.R. No.
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179499, (2008); People v. De Jesus, G.R. Robbery with Homicide vs. Highway
No.134815, (2004)]. Robbery

There is Robbery with Homicide even if: Robbery with Highway Robbery
a. The killing is done to suppress Homicide [PD 532]
evidence, as long as the robbery is “the [Art. 294]
reason” of the homicide [People vs.
As to the Proof Required for Conviction
Madrid, G.R. No. L-3023, (1951)]
b. The death of a person supervened by Conviction for Conviction for
mere accident [People vs. robbery with highway robbery
Mangulabnan, G.R. No. L-8919, homicide merely requires proof that
(1956)] requires proof that several accused
c. The person killed was a bystander and the homicide was were organized for
not the person robbed [People vs. committed by reason the purpose of
Barut, G.R. No. 179943, (2009)] or on the occasion of committing it
d. The person killed was one of the a robbery indiscriminately.
robbers, and the killer was the police
officer pursuing him. [People v. [REYES, Book 2]
Casabuena, G.R. No. 246580, (2020)]
2. Robbery with Rape
Covers Multiple Killings Like in robbery with homicide, the offender
The concept of robbery with homicide does not must have the intent to take the personal
limit the taking of life to one single victim. property belonging to another with intent to
gain, and such intent must precede the rape
All the homicides or murders are merged in the [People v. Canastre, G.R. No. L-2055, (1948)].
composite, integrated whole, so long as all the
killings were perpetrated by reason or on the Note: Even if the rape was committed in
occasion of the robbery. [People vs. Madrid, another place, it is still robbery with rape [US
id.] vs. Tiongco, G.R. No. L-12270, (1918)].

All Participants Are Principals Rape may be Committed before taking the
General Rule: All those who took part as Personal Property
principals in the robbery would also be held The intention of the culprits from the beginning
liable as principals of the single and indivisible was to take personal property. Even if the rape
felony of robbery with homicide was committed before the taking, they are
guilty of robbery with rape [People v. Canastre,
Exception: When it clearly appears that one or G.R. No. L-2055 (1948)].
some of them endeavored to prevent the same.
[People vs. Hernandez, G.R. No. 139697, No Crime of Robbery with Attempted Rape
(2004)] Art. 294, par. 2, which punishes robbery with
rape (consummated) does not cover robbery
Note: There is no crime of robbery with murder. with attempted rape [People v. Cariaga, C.A.,
If treachery is present, it shall be considered as 54 O.G. 4307].
a generic aggravating circumstance [People
vs. Abang, G.R. No. L-14623, (1960)]. Covers Multiple Rapes
All rapes are merged in the composite
integrated whole that is robbery with rape and
it does not matter whether the rape occurred
before, during or after the robbery [People v.
Seguis, G.R. No. 135034, (2001)].

Note: Additional acts of rape committed on

same occasion of robbery will not increase the
penalty, also they shall neither be considered
aggravating circumstances [People v. Regala,
G.R. No. 130508, (2000)].
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Rape as an Aggravating Circumstance Threats to Extort Money vs. Robbery
When Rape and Homicide co-exist in the through Intimidation [REYES, Book 2]
commission of Robbery, Rape is considered as
an aggravating circumstance [People vs. Threats to Extort Robbery Through
Ganal, G.R. No. L-1990, (1950)]. Money Intimidation
[Art. 282] [Art. 294]
All Participants are Principals
As to the Nature of the Intimidation
Based on the concept of conspiracy, all
robbers may be held liable for robbery with Conditional or future Actual and
rape even if not all of them committed the crime Immediate
of rape [People vs. Balacanao, G.R. No.
118133, (2003)]. As to How Intimidation is Done

3. Robbery with Arson May be through an Personal

In robbery with arson, it is essential that the Intermediary
robbery precedes the arson.
As to Whom Intimidation is Directed
There must be an intent to commit robbery, and
no killing, rape or intentional mutilation should May refer to the Directed only to the
be committed in the course of the robbery, or person, honor or person of the victim
else arson will only be considered as an property of the
aggravating circumstance [People v. Jugieta, offended party or
G.R. No. 202124, (2016); U.S. v. Bulfa, G.R. that of his family
NO. 8468, (1913)].
As to the Culprit’s Gain
4. Robbery with Serious Physical Injuries
Any injuries not under Art. 263 or not serious in Gain is not Gain is immediate
nature will fall under a Simple Robbery [Art. immediate
294, par. 5, Revised Penal Code].
Robbery vs. Bribery
In Robbery with Unnecessary Violence and
Intimidation under par. 4, the Violence need not Robbery Bribery
result in Physical Injuries; all that Art. 294 [Arts. 293 & 294] [Art. 210-211-A]
requires is that the violence be unnecessary for
the commission of the robbery. [Art. 294 (4), As to the Manner of Commission
Revised Penal Code]
Victim is deprived of Victim voluntarily
his personal property parts with his money
5. Simple Robbery by violence, or property.
Under Par. 5 or Simple Robbery, this involves intimidation or force
slight or less serious physical injuries, which upon things.
are absorbed in the crime of robbery as an
element thereof [U.S v. Barroga, 21 Phil. 161; As to Purpose of Deprivation of Property
People v. Mandia, 60 Phil. 372].
Offender simply Money or gift
Note: Violence or intimidation may enter at any intends to gain. obtained by the
time before the owner is finally deprived of his person bribed was
property. The provision does not specify meant as
exactly when. [Art. 294, Revised Penal Code] consideration for the
agreement of
performance or non-
performance of an
act

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c. Art. 295 – Robbery with Physical penalty upon all the malefactors shall
Injuries Committed in an Uninhabited be the maximum of the corresponding
Place and by a Band or With the Use penalty provided by law, without
prejudice to the criminal liability for
of a Firearm on a Street, Road or Alley illegal possession of such firearms.
3. Any member of a band who was
Qualified Robbery with Violence present at the commission of a robbery
Against or intimidation of Persons by the band, shall be punished as
[Art. 294 (3)(4)(5)]: Principal of any of the assaults
If committed: [U-BAES] committed by the band, unless it be
1. In an Uninhabited place, or shown that he attempted to prevent the
2. By a Band, or crime.
3. By Attacking a moving train, street car,
motor vehicle, or airship, or Requisites for Liability for the Acts of
4. By Entering the passengers’ Other Members:
compartments in a train, or in any 1. He was a Member of the band.
manner taking the passengers thereof 2. He was Present at the commission of a
by surprise in the respective robbery by that band.
conveyances; or 3. Other members of the band committed
5. On a Street, road, highway, or alley, an Assault.
and the intimidation is made with the 4. He did not attempt to Prevent the
use of Firearms assault.
Note: Above circumstances must be alleged in Note: Conspiracy is presumed when robbery is
the Information. Moreover, these 5 qualifying committed by band [People v. De la Rosa, G.R.
circumstances cannot be offset by a generic No. L-3609, (1951)].
mitigating circumstance [People v. Solar, G.R.
No. 225595. Aug. 6, 2019; People vs. No Crime of “Robbery with Homicide in a
Mendoza, G.R. No. 133382, Mar. 9, 2000, 327 Band”
SCRA 695]. If the robbery with homicide is committed by a
band, the indictable offense would still be
Uninhabited place denominated as "robbery with homicide" under
One where there are no houses at all, a place Art. 294(1), but the circumstance that it was
at a considerable distance from the town, or committed by a band would be appreciated as
where the houses are scattered at a great an ordinary aggravating circumstance [People
distance from each other [U.S. v. Salgado, v. Apduhan Jr., G.R. No. L-19491, (1968)].
G.R. No. 4498, (1908)].
Use of Loose Firearm
Imposable Penalty The use of a loose firearm, when inherent in
Offender found liable under this article shall be the commission of a crime punishable under
punished by the maximum periods of the the RPC or other special laws, shall be
proper penalties in Art. 294. [Art. 295, Revised considered as an aggravating circumstance.
Penal Code] Provided, that if the crime committed with the
use of a loose firearm is penalized by the law
d. Art. 296 – Definition of a Band and with a max penalty which is lower than that
Penalty Incurred by the Members prescribed for illegal possession of firearm, the
thereof penalty for illegal possession of firearm shall be
imposed in lieu of the penalty for the crime
Rule: charged [Sec. 29, RA 10591]
1. When at least 4 (more than 3) armed
malefactors take part in the Note: Use of an unlicensed firearm by a band
commission of a robbery, it is deemed cannot be offset by a generic mitigating
committed by a band. circumstance [People v. De Leon, G.R. No.
2. When any of the Arms used in the 179943, (2009)].
commission of robbery is not licensed,
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e. Article 297 – Attempted and 2. Offender Compels him to sign,
Frustrated Robbery Committed under execute, or deliver any public
Circumstances instrument or document; and
3. Compulsion is by means of Violence or
Intimidation.
Elements:
1. There is Attempted or Frustrated Note:
robbery ● "Public" describes the word
2. A Homicide is committed on the same "instrument" only. This is supposed by
occasion the Spanish text, which is controlling in
interpretation [People v. Mesias, G.R.
Homicide in its Generic Sense No. 45749, Jan. 29, 1938]. Hence, this
Homicide under Art. 297 is used in its generic article applies even if the document
sense and includes multiple homicides, signed, executed or delivered is a
murder, parricide, or even infanticide [People v. private or commercial document.
Madrelejos y Quililan, G.R. No. 225328 [REYES, Book 2]
(2018)]. ● Art 298 is not applicable if the
document is void [Id.]
Imposable Penalty:
General Rule: Reclusion temporal in its Execution of Deeds by Means of
maximum period to reclusion perpetua Violence or Intimidation vs. Grave
Coercion
Exception: If the homicide deserves a higher
penalty. Thus, in an attempted or frustrated Execution of Deeds Grave Coercion
robbery, and the killing of the victim is qualified by Means of [Art. 286]
by treachery or relationship, the proper penalty Violence or
for murder or parricide shall be imposed Intimidation
because it is more severe [Art. 297, Revised [Art. 298]
Penal Code].
As to the Manner of Commission
If Homicide is not Consummated, the
crimes of Robbery and Attempted or Violence is used in Violence is used in
compelling the compelling the
Frustrated Homicide:
1. May be Considered as separate offended party to offended party to
sign or deliver the sign or deliver the
crimes;
document, with document, without
2. May be Complexed [Art. 48]
intent to defraud intent to defraud
Attempted or Frustrated robbery with [Reyes, Book 2]
Serious Physical Injuries, Art. 48 is
applicable SECTION 2. Robbery By the Use of
When the offense committed is attempted or Force Upon Things
frustrated robbery with serious physical
injuries, Art. 48 (penalty for complex crimes) is Robbery by the use of force upon things is
applicable, since the felony would fall neither committed only when either: [299-302-N]
under Art. 294 which covers consummated 1. Offender entered a house or building
robbery with homicide nor under Art. 297 which by any of the means specified in Art.
covers attempted or frustrated robbery with 299 or Art. 302; or
homicide [People v. Villanueva, G.R. No. 2676, 2. Even if there was No entrance by any
(1939)]. of those means, he broke a wardrobe,
chest, or any other kind of locked or
f. Article 298 – Execution of Deeds by closed or sealed furniture or receptacle
in the house or building, or he took it
Means of Violence or Intimidation away to be broken or forced open
outside. [Art. 299 (b), Revised Penal
Elements: Code]
1. Offender has Intent to defraud another;
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g. Article 299 – Robbery in an offender merely inserted his hand
Inhabited House/Public Building or through an opening in the wall or used
Edifice Devoted to Worship a pole through the window to get the
clothes inside the room, while the
offender remained outside the house or
Mode 1: Entering Effected Through building, there is no robbery because
Force no entrance of his body was made
[People v. Adorno, C.A. 40 O.G. 567].
Elements: [E-E-T] 2. There must be an intention to take
1. Offender Entered: [HBR] personal property. If there is no
a. An inhabited House; or evidence to show that the intention of
b. Public Building the accused was to commit robbery
c. Edifice devoted to Religious upon entering the building, the crime
worship committed is attempted trespass to
2. Entrance was effected by any of the dwelling under Art. 280 (2), RPC
following means: [OBFN] [People v. Tayag, G.R. L-40512,
a. Through an Opening not (1934)].
intended for entrance or 3. Means enumerated must be used to
egress; enter the house. It does not refer to
b. By Breaking any wall, roof, or the method used to exit [REYES, Book
floor, or door or window; 2], nor to open a trunk in the house
c. By using False keys, picklocks [U.S. vs. Macamay, G.R. No. 11952,
or similar tools; or (1917)].
d. By using any fictitious Name or
pretending the exercise of False Keys
public authority. The genuine key must be stolen, not taken by
3. Once inside the building, offender Took force or with intimidation, from the owner.
personal property belonging to another Otherwise, the crime would be robbery with
with intent to gain. intimidation of persons [See Art. 305, Revised
Penal Code].
Imposable Penalty
Penalty depends on the value of property taken Picklocks
and on whether or not the offender carries Picklocks or similar tools are those specially
arms. [Art. 299, Revised Penal Code] adopted to the commission of the crime of
robbery. [Art. 304, Revised Penal Code]
Inhabited House vs. Public Building
Inhabited House Public Building Use of Fictitious Names or Pretending
[Art. 301] [Art. 301] to Exercise Authority Must be the
Efficient Cause
Any shelter, ship or Every building It seems that using fictitious names or
vessel constituting owned by the pretending to exercise of public authority must
the dwelling of one or Government or be the efficient cause of the opening by the
more persons even belonging to a offended party [See People v. Urbano et al., 50
though the private person but Phil. 90].
inhabitants thereof used or rented by the
are temporarily Government, Mode 2: Acquisition of Property
absent therefrom although temporarily through Force
when the robbery is unoccupied by the
committed. same. Elements: [I-GBT]
1. Offender is Inside a dwelling house,
public building, or edifice devoted to
Rules: religious worship, regardless of the
1. Offender must "enter the house or circumstances under which he entered
building in which the robbery is it.
committed." The whole body must 2. Offender takes personal property
enter the building or house. Thus, if the belonging to another, with intent to
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Gain, under any of the following Note: Qualified robbery with violence or
circumstances: intimidation of persons [Art. 295, Revised
a. Breaking of doors, wardrobes, Penal Code] is committed in an uninhabited
chests, or any other kind of place OR by a band.
locked or sealed furniture or
receptacle; or i. Article 301 – What is an Inhabited
b. Taking such furniture or objects House, Public Building or Building
away to be broken or forced
open outside the place of the
Dedicated to Religious Worship and
robbery. Their Dependencies

Note: Inhabited House vs. Public Building [See:

• Entrance into the building by any of the Art. 299, Revised Penal Code]
means mentioned in 299 (a) is not
required in robbery under 299 (b), as Dependencies
implied by the use of “or" All interior courts, corrals, warehouses,
• Door" refers only to "doors, lids, or granaries or inclosed places contiguous to the
opening sheets" of furniture or other building or edifice, having an interior entrance
portable receptacles — not to inside connected therewith, and which form part of
doors of a house or building, based on the whole. [Art. 301(2), Revised Penal Code]:
the construction of the provision which [CIP]
implies that an entrance should be 1. Contiguous to the building;
effected through the door. 2. Must have an Interior entrance
connected therewith;
There is No Robbery in the following cases: 3. Form Part of the whole. [Art. 301,
1. When the use of false keys was to open Revised Penal Code]
a wardrobe from which the offender
took personal property; Art. 299(b) Note: Orchards and other lands used for
requires that the same be broken, not cultivation or production are not included in the
merely opened [See Art. 299(b), terms of the next preceding paragraph, even if
Revised Penal Code] closed, contiguous to the building and having
2. When a person opens by force a direct connection therewith. [Art 301 (3),
certain locked or sealed receptacle Revised Penal Code]
which has been confided into his
custody and takes the money j. Article 302 – Robbery in an
contained therein, is guilty of estafa Uninhabited Place or in a Private
and not robbery [See Art. 315, Revised
Building
Penal Code (with unfaithfulness or
abuse of confidence)]
Elements: [U-OBFaSeR-G]
1. Offender Entered an Uninhabited place
h. Article 300 – Robbery in an
or a building which was not a dwelling
Uninhabited Place and by a Band house, public building, nor edifice
Elements: [RBU] devoted to religious worship.
1. Robbery in an inhabited house, public 2. That any of the following
building or edifice devoted to religious circumstances was present:
worship a. Entrance was effected through
2. Committed by a Band; and an Opening not intended for
3. In an Uninhabited place. entrance or egress; or
a. The inhabited house, public b. A wall, roof, floor, or outside
building or edifice devoted to door or window was Broken; or
religious worship must be c. Entrance was effected through
located in an uninhabited place the use of False keys, picklocks
or location [U.S. v. Morada, or other similar tools; or
G.R. No. L-8138, (1912)].

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d. A door, wardrobe, chest, or any k. Article 303 – Robbery of Cereals,
Sealed or closed furniture or Fruits, or Firewood in an Uninhabited
receptacle was broken; or Place or Private Building
e. A closed or sealed receptacle
was Removed, even if the
same be broken open Imposable Penalty
elsewhere. In cases enumerated in Arts. 299 and 302, the
3. That with intent to Gain, the offender penalty is 1 degree lower when robbery
took therefrom personal property consists in the taking of cereals, fruits, or
belonging to another. firewood. [Art. 303, Revised Penal Code]

Note: Cereals
• The "uninhabited place" mentioned in Seedlings which are the immediate product of
Art. 302 is a building, because the soil [See People v. Mesias, 65 Phil. 267].
paragraphs Nos. 1 and 3 speak of The palay must be kept by the owner as
"entrance," which necessarily refers to “seedling” or taken for that purpose by the
a building. robbers [People v. Rada, et al., G.R. No. L-
• Breaking padlock is use of force upon 16988, Dec. 30, 1961, 3 SCRA 880; People v.
things [Estioca v. People, G.R. No. Taugan, C.A.-G.R. No. 1287-R, May 26, 1949].
173876, Jun.. 27, 2008].
l. Article 304 – Possession of
Building Picklocks or Similar Tools
Includes any kind of structure used for storage
or safekeeping of personal property, ex. freight
car and warehouse [U.S. vs. Magsino, G.R. Elements:
No. 1339, (1903)]. 1. Offender possesses Picklocks or
similar tools;
2. Such picklocks or similar tools are
Use of Fictitious Name or Pretense of especially adopted to the commission
Authority of Robbery; and
Notably, the use of fictitious name or 3. Offender does Not have a lawful cause
pretending the exercise of public authority is for such possession.
not a means of entering the building under this
article. This is because the place is uninhabited Qualifying Circumstance:
and no person could be deceived thereby. [Art. If the person who makes such tools is a
302 in relation to Art. 299(a), Revised Penal locksmith, the penalty is higher.
Code; See REYES, Book 2]

Furniture or receptacle here is "sealed or

m. Article 305 – False Keys
closed."
The furniture or receptacle here is "sealed or False Keys include: [304-GO]
closed” as opposed to Art. 299, where it is 1. Tools mentioned in Art. 304 (picklocks
either "locked or sealed." Consequently, it or other similar tools)
would seem then that taking property from a 2. Genuine keys stolen from the owner.
closed but not sealed receptacle is merely theft 3. Any keys Other than those intended by
in this situation. The receptacle should have the owner for use in the lock forcibly
been broken to constitute robbery. [Art. 302 in opened by the offender.
relation to Art. 299(a), Revised Penal Code;
See REYES, Book 2] A lost or misplaced key found by another and
not returned to its rightful owner is considered
as a false key stolen from the owner. [See Art.
305, Revised Penal Code]

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2. Chapter II: Brigandage c. In any manner derives any
benefit therefrom; and
PD 532: Anti-Piracy and Anti- 2. Any person who directly or indirectly
Highway Robbery Law of 1974 Abets the commission of piracy or
highway robbery or brigandage
Highway Robbery/Brigandage
The seizure of any person for ransom, extortion Note: It shall be presumed that any person who
or other unlawful purposes, or the taking away does any of the acts provided in this Section
of the property of another by means of violence has performed knowingly, unless the contrary
against or intimidation of person or force upon is proven.
things of other unlawful means, committed by
any person on any Philippine Highway. [Sec. 2 a. Article 306 – Brigandage
(e), PD 532]
Elements:
Philippine Highway 1. There be at least 4 armed persons
Refers to any road, street, passage, highway 2. They formed a Band of robbers
and bridges or other parts thereof, or railway or 3. Purpose of formation is to:
railroad within the Philippines used by persons, a. Commit Robbery in the
or vehicles, or locomotives or trains for the highway; or
movement or circulation of persons or b. Kidnap for the purpose of
transportation of goods, articles, or property or extortion or to obtain ransom;
both. [Sec. 2 (c), PD 532] or
c. Attain by means of force and
Elements: [HIV] Violence any other purpose.
1. Robbery takes place along a Philippine
Highway; Note: If any of the arms carried by the offenders
2. Act of Robbery must be Indiscriminate, is an unlicensed firearm, all are presumed
it should not be an isolated case; and highway robbers or brigands. [Art. 306,
3. Victim was not predetermined [Abay, Revised Penal Code]
Jr. V. People. G.R. No. 165896,
(2008)]. Arms
The arms carried by the members of the band
Note: The robbery must be directed not only of robbers may be any deadly weapon. Thus,
against specific, intended or perceived victims, Brigandage may be committed without the use
but against any and all prospective victims [Id.] of a firearm [People v. De la Rosa, et al., C.A.,
49 O.G. 2863].
Evidence
It is highway robbery only when it can be Highway Robbery vs. Brigandage
proven that the malefactors primarily organized
themselves for the purpose of committing that Highway Brigandage Robbery
crime [Ibañez vs. People, G.R. No. 204990, Robbery [Art. 306] in a Band
(2017)]. [PD 532] [Art. 296]

As to Purpose
Person Considered as an Accomplice
[Sec. 4, id.]: Indiscriminately 1. Commit To Commit
Any person who knowingly and in any manner: commit robbery in a robbery,
1. Aids or Protects pirates or highway robbery on Highway but not
robbers/brigands, such as: Philippine 2. Kidnap to necessarily
a. Giving them information about highways. extort or get on
the movement of police or ransom highways.
other peace officers of the 3. Attain any
government, or other
b. Acquires or receives property purpose by
taken by such pirates or force or
brigands; or violence
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performed them knowingly, unless the contrary
As to the Number of Robberies
is proven. [Art. 307, Revised Penal Code]
Committed

Indiscriminate, To commit To commit 3. Chapter III: Theft

not isolated. several a particular
robberies robbery. a. Article 308 – Who are Liable for
As to the Formation of Band Theft

Offenders need Offenders must be in a Summary of Modes of Commission

not constitute a band (i.e. at least 4) Under Art. 308:
band; a single
offender may MODE Elements
commit the
crime. Mode 1 1. Offender takes the Personal
[PIW] property of another without the
As to the Conspiracy among the latter’s consent;
Members 2. Taking was with Intent to gain;
and
Mere Mere Mere 3. Taking was Without violence
conspiracy to formation of conspiracy against or intimidation of persons
constitute is not a band for to commit nor force upon things.
punishable. any purpose robbery is
indicated in not Mode 2 1. Offender found Lost property;
Art. 306 is punishable. [LF] and
punishable 2. Fails to deliver the same to the
local authorities or to its owner.
As to the Victim
Mode 3 1. Offender maliciously Damaged
Victim is Not Victim is Preconceived. [DR] the property of another; and
Preconceived 2. Removes or makes use of the
fruits or object of the damage
[REYES, Book 2] caused by them.

b. Article 307 – Aiding and Abetting a Mode 4 1. Offender entered an Enclosed

Band of Brigands [EFAH] estate or a field without the
consent of its owner;
2. Trespass is Forbidden or the
Elements: enclosed estate or field belongs to
1. There is a Band of brigands; Another; and
2. Offender Knows the band to be of 3. Hunt or fish upon the same or
brigands; and gather fruits, cereals or other
3. Offender does any of the following forest or farm products.
acts:
a. In any manner Aids, abets or Note: Fishing should not be in the
protect such band of brigands; fishpond within the field or estate,
or otherwise it is Qualified Theft. [See
b. Gives them Information of the Art. 310, Revised Penal Code]
movements of the police or
other peace officers; or [Reyes, Book 2]
c. Acquires or receives the
property taken by such
brigands.

Note: It is presumed that the person performing

any of the acts provided in Art. 307 has

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Theft vs. Robbery Unlawful disposition of the share belonging to
a partner or a joint owner may be a violation of
Theft Robbery a contract and a trespass upon the rights of
[Art. 306] [Arts. 293-294] another, but it is not an act constituting the
crime of theft [U.S. vs. Reyes, G.R. No. 2867,
Presence of Violence
(1906)].
Offender does not There is violence or
Rationale: Before the dissolution of the
use violence or intimidation or Force
partnership or the division of the property held
intimidation of upon things
in common, no part of the property of the
persons or force
partnership or the property held in common
upon things
truly belongs to a partner or co-owner [See Art.
[Reyes, Book 2] 484-485, 1811, New Civil Code; See also other
provisions on Co-Ownership and Partnership].
Mode 1: Taking of Personal Property
of Another Without Violence or Mode 2: Failure to Return Lost
Intimidation of Persons or Force upon Property
Things The law does not require knowledge of the
owner of the lost property [People vs. Panotes,
“Without consent” et al., C.A., 36 O.G. 1008; People vs. Silverio,
Consent contemplated in this element of theft C.A., 43 O.G. 2205].
refers to consent freely given and not to one
which may only be inferred from mere lack of See: The Special Penal Laws Reviewer for a
opposition [See Pua Yi Kun v. People, G.R. discussion on the Anti-Fencing Law of 1979.
No. L-26256, Jun. 26, 1968; See Decisions of
the Supreme Court of Spain, Dec. 1, 1897]. "Lost property" embraces loss by stealing.
A finder who fails deliberately to return the thing
When Consummated lost may be considered more blameworthy if
Theft is complete from the moment the the loss was by stealing than through some
offender had full possession of the thing, even other means [People v. Rodrigo, G.R. No. L-
if he did not have an opportunity to dispose of 18507].
the same. [People v. Sevilla, G.R. No. 86163,
1990]. Accordingly, there is no crime of Note: Art. 308 (1) is not limited to actual finder
frustrated theft [Valenzuela v. People et al., [US v. Santiago, G.R. No. L-9375, (1914)]. It
G.R. No. 160188, Jun. 21, 2007]. may include a policeman to whom it is
entrusted or misappropriated the same [People
Objects Considered Personal Property:
v. Avila, G.R. No. L-19786, (1923)].
1. Electricity and Gas [US vs. Carlos,
G.R. No. 6295, (1911)]
It is Necessary to Prove [TBO]:
2. Promissory Notes and checks [People
1. The Time of the seizure of the thing;
vs. Koc Song, G.R. No. L-45043,
2. That it was a lost property Belonging to
(1936)]
another; and
3. Telecommunication or Telephone
3. That the accused had the Opportunity
Service [Laurel v. Abrogar, G.R. No.
to return or deliver the lost property to
155076, (2009)]
its owner or to the local authorities but
4. Water [RA 8041/National Water Crisis
refrained from doing so. [Id]
Act]

Joyride constitutes intent to gain. b. Article 309 – Penalties

A joyride in an automobile taken without the
consent of its owner constitutes "taking with The basis of the penalty in theft is:
intent to gain" [People vs. Bustinera, G.R. No., [SPC]
148233, (2004)]. 1. Value of the thing Stolen, or
2. Value and nature of the Property taken,
No Theft in Sale of Partner or of Co-owned or
Property

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3. Circumstances that impelled the culprit Timber Smuggling or Illegal Cutting of Logs
to commit the crime. [Art. 309, Revised Any person, whether natural or juridical, who
Penal Code; See REYES, Book 2] directly or indirectly cuts, gathers, removes, or
smuggles timber, or other forest products,
c. Article 310 – Qualified Theft either from any of the public forest, forest
reserves and other kinds of public forests,
Theft is qualified if: whether under license or lease, or from any
1. Committed by a Domestic servant; or privately owned forest lands in violation of
2. Committed with Grave abuse of existing laws, rules and regulation shall be
confidence; or guilty of the crime of qualified theft. [Sec. 1,
3. If the property stolen consists of: P.D. 330]
a. Motor vehicle
b. Mail matter Anti-Cattle Rustling Law of 1974 [PD
c. Large Cattle 533]
d. Coconuts taken from the Note:: the nature of the penalty imposed by the
premises of a plantation; or law is based on the RPC, thus P.D. 533 is
e. Fish taken from a fishpond or deemed an amendment of the RPC [People vs.
fishery; or Macatanda, G.R. No. L-51368, (1981)].
4. Property is taken on the occasion of
fire, earthquake, typhoon, volcanic Elements: [TC]
eruption, or any other Calamity, 1. Taking away by any means, method or
vehicular accident or civil disturbance. scheme; and
2. Of any Large Cattle, without the
Note: Penalties for qualified theft are 2 degrees Consent of the owner/raiser [Sec. 2 (c),
higher than those respectively specified in Art. P.D. 533]
309. [Art. 310, Revised Penal Code]
Note:
Abuse of Confidence must be Grave.
• It is immaterial whether or not for profit
There must be an allegation that by reason of
or gain, or whether committed with or
dependence, guardianship or vigilance,
without violence against or intimidation
between the accused and the offended party,
of any person or force upon things.
that has created a high degree of confidence
[Sec. 2 (a), id.]
between them, which the accused abused
• It includes the killing of large cattle or
[People vs. Koc Song, Id.].
taking its meat or hide without the
consent of the owner/raiser. [Sec. 2 (a),
Note: Theft by a housemate is not always
id.]
qualified. Living together under the same roof
engenders some confidence, but it is not
Large Cattle
necessarily grave. [See Art. 310, Revised
Includes the cow, carabao, horse, mule, ass, or
Penal Code, See also REYES, Book 2]
other domesticated member of the bovine
family. [Sec. 2(a), id.]
Coconuts and Fish
When the coconuts or fish are stolen in any
Presumption of Cattle Rustling.
other place (aside from the plantation or
Failure to exhibit the required documents shall
fishpond), it is simple theft. [Art. 308, Revised
be prima facie evidence that the large cattle in
Penal Code]
his possession, control or custody are the fruits
of the crime of cattle rustling. [Sec. 7, id.]
Receipt and Misappropriation of Teller
Bank Teller who received the money and
appropriated the same for personal gain “Highgrading” or Theft of Gold [P.D.
committed theft and not estafa because the 581]
teller has no juridical possession, only material,
the theft is qualified due to the confidence Prohibited Acts: [TRET]
reposed on the teller [Roque vs. People, G.R. Any person who, without the consent of the
No. 138954, (2004)]. operator of the mining claim:

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1. Take gold-bearing ores or rocks from a Elements:
mining claim or mining camp; 1. Offender takes Possession of any real
2. Remove, collect or gather gold-bearing property or usurps any real rights in
ores or rocks in place; property
3. Extract or remove the gold from such 2. Real property or real rights Belong to
ores or rocks; or another
4. Prepare and Treat such ores or rocks 3. Violence against or intimidation of
to recover or extract the gold contents persons is used by the offender in
thereof. [Sec. 1, P.D. 581] occupying real property or usurping
Presumption real rights in property; and
The unauthorized possession by any person 4. There is Intent to gain.
within a mining claim or mining camp of gold-
bearing ores or rocks or of gold extracted or Rules on Violence or Intimidation
removed from such ores or rocks, shall be
• Violence or intimidation must be the
prima facie evidence that they have been
means used in occupying real
stolen from the operator of a mining claim.
property. Art. 312 does not apply
[Sec. 2, id.]
when the violence or intimidation took
place subsequent to the entry into the
d. Article 311 – Theft of Property of the property [People vs. Dimacutak, et al.,
National Library and National Museum C.A., 51 O.G. 1389].
• If there is no violence or
This provision penalizes property stolen from intimidation: There is only civil
the National Library or National Museum. liability. [Id.]

Imposable Penalty Imposable Penalty

General Rule: Penalty is fixed without regard General Rule: Art. 312 does not provide the
to the value of the property of the National penalty of imprisonment for the crime of
Library or National Museum. [Art. 311] occupation of real property or usurpation of real
rights in property, the penalty is only fine. [Art.
Exception: if the crime is committed with grave 312]
abuse of confidence, the penalty for qualified
theft shall be imposed, because Art. 311 says: Exception: The offender who may have
"unless a higher penalty should be provided inflicted physical injuries in executing acts of
under other provisions of this Code." [Id.] violence shall suffer the penalty for physical
injuries also. [Art. 312]
4. Chapter IV: Usurpation
Theft/Robbery vs. Occupation of Real
a. Article 312 – Occupation of Real Property or Usurpation of Real Rights
Property or Usurpation of Real Rights in Property Art. 312
in Property Theft/Robbery Occupation or
[Art. 308/Art. 293] Usurpation
Punished Acts: [PU] [Art. 312]
1. Taking Possession of any real property
belonging to another by means of As to the Intent to Gain
violence against or intimidation of
persons; or There is intent to Gain
2. Usurping any real rights in property
belonging to another by means of As to the Property Involved
violence against or intimidation of
persons. [Art. 312] Personal Property Real property or real
right

As to the Act Involved

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Taking Occupation or Fraudulent Insolvency vs. Insolvency
Usurpation Law
Fraudulent Insolvency Law
Insolvency
b. Article 313 – Altering Boundaries or [Art. 314]
Landmarks
As to the Requirement of Insolvency
Elements: [BA] Proceedings
1. There are Boundary marks or
monuments of towns, provinces, or No need for Crime should have
estates, or any other marks intended to Insolvency been committed after
designate the boundaries of the same; Proceedings. the institution of
and insolvency
2. Offender Alters said boundary marks. Note: Offender need proceedings
not be adjudged
Note: Intent to gain is not necessary. bankrupt or
[GUEVARA, as cited in REYES, BOOK 2] insolvent.

Alter
Any alteration of boundary marks is enough to Imposable Penalty
constitute the material element of the crime. Higher penalty is imposed if the offender is a
Destruction of a stone monument or taking it to merchant.
another place, or removing a fence, is altering.
[ALBERT; as cited in REYES, BOOK 2] 6. Chapter VI: Swindling and
Other Deceits
5. Chapter V: Culpable
Insolvency a. Article 315 – Swindling or Estafa

a. Article 314 – Fraudulent Insolvency Elements of Estafa in general: [DCDD]

1. Accused Defrauded another:
Elements: [D-DAP] a. by abuse of Confidence, or
1. Offender is a Debtor; b. by means of Deceit; and
2. His obligations are Due and payable. 2. Damage or prejudice capable of
3. He Absconds with his property. pecuniary estimation is caused to the
4. It is with Prejudice to his creditors. offended party or third person.
Damage or prejudice may consist of:
Note: Actual prejudice, not intention alone, is [MPP]
required. [People vs. Sy Gesiong, 60 Phil. 614]. 1. Offended party being deprived of his Money
or property as a result of defraudation;
Real Property May be Involved 2. Disturbance in Property rights; or
"Abscond" does not require that the debtor 3. Temporary Prejudice [People vs. Santiago,
should depart and physically conceal his 54 Phil. 814]
property. Hence, real property could be the
subject matter of fraudulent insolvency [People Ways of Committing Estafa: [U-FF-M]
vs. Chong Chuy Limgobo, G.R. 20995, (1923)].
Mode Sub-modes
Prejudice to the Creditors
Contemplates the transfer of or disposing of Mode 1: With 1. With Unfaithfulness
the offender’s property to keep it out of reach Unfaithfulness [Art. 315 (1)(a)]
of his creditors resulting in the non- or Abuse of 2. With Abuse of
enforcement of a writ of execution [Dee v. Confidence Confidence [Art. 315
People, G.R. No. 136785, (2000)]. [UCS] (1)(b)]
3. By taking undue
advantage of the

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3. Damage or prejudice is caused to
Signature in blank [Art.
another.
315 (1)(c)]

Mode 2: By 1. Using fictitious Name or Rules:

Means of false pretenses and other 1. There must be an existing obligation
False similar deceits [Art. 15 to deliver something of value, and
Pretense or (2)(a)]; the offender in making the delivery has
Fraudulent 2. By Altering the quality, altered the following of the thing
Acts [NAB-CF] fineness or weight of delivered. [Art. 315 (1)(a)]
anything pertaining to his a. Substance; or
art or business [Art. 315 b. Quality; or
(2)(b)] c. Quantity; and
3. By pretending to have 2. There must be an agreement as to
Bribed any government quality – When there is no agreement
employee [Art. 315(2)(c)] as to the quality of the thing to be
4. By post-dating a Check delivered, the delivery of the thing not
with no funds or is not acceptable to the complainant is not
sufficient to cover the estafa [People vs. Bastiana, et al.,
amount of the check. [Art. C.A., 54 O.G. 4300].
315 (2)(d)]
5. By obtaining Food, Illegal Consideration
refreshment or Estafa is committed even though such
accommodation with obligation be based on an immoral or illegal
intent to defraud [Art. 315 consideration. [Art. 316, (1)[a]]
(2)(e)]
b. Estafa with Abuse of Confidence [Art.
Mode 3: By 1. By inducing another to 315 (1)(b)]
Fraudulent Sign any document [Art.
Means [SGD] 315 (3)(a)]; Elements:
2. By resorting to some 1. Money, goods, or other personal
fraudulent practice to property was Received by the offender:
insure success in a. In Trust, or
Gambling [Art. 315 (3)(b)] b. On Commission, or
3. By Removing, c. For Administration; or
concealing or destroying d. Under any Other obligation
Documents [Art. 315 involving the duty to make
(3)(c)] delivery of, or to return the
same;
2. That there be:
Note: The three modes of committing estafa
a. Misappropriation; or
may be reduced to two only—subdivision No. 1
b. Conversion of such money or
as estafa with abuse of confidence, and the
property by the offender; or
2nd and 3rd forms as estafa by means of
c. Denial on his part of such
deceit. [Art. 315 (2) and (3)]
receipt;
3. Such misappropriation or conversion or
1. Estafa with Unfaithfulness or Abuse of denial is to the Prejudice of another;
Confidence [Art. 315(a)] and
4. That there is a demand made by the
a. Estafa with Unfaithfulness [Art 315 offended party to the offender.
(a)(1)]
Demand Not Required by law but serves as
Elements: [OnAD] circumstantial evidence
1. Offender has an Onerous obligation to The law does not require a demand as a
deliver something of value; condition precedent to the existence of the
2. He Alters its substance, quantity, or crime of embezzlement. It so happens only that
quality; and failure to account, upon demand for funds or
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property held in trust, is circumstantial
Nature of Act Crime
evidence of misappropriation [Tubb v. People,
Possession Committed
G.R. No. L-9811 (1957)]. In other words, a
of Personal
demand is unnecessary when there is other
Property
evidence of misappropriation of goods by the
defendant. Material Misappropriation Theft
Note: Material and Misappropriation Estafa
a. Other obligations involving the duty Juridical
to make delivery of, or to return the
same - includes quasi-contracts and Ownership Misappropriation No crime,
certain contracts of bailment ex. (Material + only Civil
Commodatum [US vs. Yap Jong, G.R. Juridical) liability
No. 10675, (1916)].
b. Deceit - not an essential requisite of [REYES, BOOK 2]
estafa with abuse of confidence [U.S.
vs. Pascual, 10 Phil. 621]. Note: There is no estafa when the money or
other personal property received by the
Rationale: Thing to be delivered or returned accused is not to be used for a particular
must be the very object received [US vs. purpose or to be returned [Marquez v. Hon.
Figueroa, G.R. No. L-6748, (1912)]. Judge of the RTC Gumaca, CA-G.R. CR No.
21298].
Misappropriation vs. Conversion No Estafa in the Following Cases:
Misappropriate Conversion 1. Momentary use of the funds without
intent to defraud [US vs. Sevillia, G.R.
Act of taking Act of using or No. 18056, (1922)]
something for one’s disposing of 2. Where the custody of personal
own benefit another's property as property is only precarious and for a
if it were one's own temporary purpose or for a short period
or devoting it to a and merely the effect of such
purpose or use relationship as master and servant,
different from that employer and employee, or master and
agreed upon. domestic, the juridical or constructive
possession remains in the owner.
Hence, the servant, domestic, or
Juridical Possession vs. Material employee cannot be guilty of estafa
Possession [People vs. Marcelino Nicolas, 58 O.G.
Juridical Material 472, cited in REYES, Book 2].
Possession Possession
"To the prejudice of another"
Possession which Actual Possession of Contemplates prejudice not necessarily of the
gives the transferee Personal Property, owner of the property [People v. Yu Chai Ho,
a right over the thing where the possessor G.R. No. L-29278, (1928)].
which the transferee cannot claim a better
may set up even right to such property Liability of Co-Owners
against the owner than its owner.
[People vs. Noveno, General Rule: Co-owner is not liable for
et al., C.A., 46 O.G. estafa. [People v. Pedrasa, 62 O.G. 5571]
1637].
Exception: If, after the termination of the co-
ownership, he misappropriates the thing which
In Estafa: Offender must have acquired both has become the exclusive property of the
material or physical possession and juridical other. [People v. Pedrasa, 62 O.G. 5571]
possession of the thing received [D'Aigle v.
People, 689 Phil. 480, 490 (2012)].

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No Estafa through Negligence. Estafa with Abuse of Confidence vs.
Article 315 in penalizing estafa by Malversation
misappropriation or conversion, does not
punish estafa through negligence [People vs. Estafa with Abuse Malversation
Nepomuceno, C.A., 46 O.G. 6135]. of Confidence [Art. 217]
[Art. 315 (1)]
Effect of Novation of Contract As to the Receipt of Property
General Rule: Criminal liability for estafa
already committed is not affected by Offender is entrusted with funds or property
compromise or novation of contract, for it is a
public offense which must be prosecuted and As to the Nature of the Offense
punished by the state at its own volition
[Diongzon v. Court of Appeals, 378 Phil. 1090 Continuing offenses
(1999)].
As to the Nature of Funds/Property
Exception: If the novation occurs before the
criminal liability has incurred [Diongzon v. Private Usually Public
Court of Appeals, 378 Phil. 1090 (1999)].
Exception: Property
Note: Reimbursement or restitution of money attached by public
or property swindled does not extinguish authority even if
criminal liability [Sajot vs. CA, G.R. No. private [Art. 222,
109721, (1999)] RPC]

As to the Offender
Theft vs. Estafa with Abuse of
Confidence Private individual or Public officer
Theft/Robbery Estafa with Abuse public officer not accountable for
[Art. 308] of Confidence accountable for public funds or
[Art. 315(1)] public funds or property.
property
As to the Acquisition of Property
As to Commission through Negligence
Offender takes the Offender receives
thing without the the thing from the No estafa through Can be committed
owner’s consent offended party with negligence through
the obligation to abandonment or
deliver or return the negligence
same.
As to Manner of Commission
As to the Nature of Possession
Misappropriating, Appropriating, taking
Material and Juridical possession converting or or misappropriating,
Physical Possession denying having consenting or
only received money, permitting any other
goods or other person to take the
[Art. 308 and Art. 315 of the RPC] personal property; public funds or
property.

As to the Offender

Private individual or Public officer

public officer not accountable for
accountable for public funds or
public funds or property.
property

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Also: Based on the elements, there is no
As to Commission through Negligence
requirement under this provision – as opposed
No estafa through Can be committed to Estafa with Abuse of Confidence under par.
negligence through 1 – for an established relationship of
abandonment or confidence.
negligence
a. Estafa by Using a Fictitious Name,
As to Manner of Commission False Pretenses and Other Deceits [Art.
315(2)(a)]
Misappropriating, Appropriating, taking
converting or or misappropriating, Ways of Committing Estafa: [NPO]
denying having consenting or 1. By using fictitious Name;
received money, permitting any other 2. By falsely Pretending to possess: [QPI-
goods or other person to take the PAC-BI]
personal property; public funds or a. Qualifications,
property. b. Power,
[id.] c. Influence,
d. Property,
e. Agency,
c. Estafa by Taking Undue Advantage of f. Credit,
the Signature in Blank [Art. 315 (1)(c)] g. Business or
h. Imaginary transactions; or
Elements: 3. By means of Other similar deceits. [Art.
1. There is a Blank paper with the 315 (2)(a)]
signature of the offended party;
2. Offended party should have Delivered Note: Element of deceit is indispensable,
it to the offender; consisting in the false statement or fraudulent
3. Document is Written by the offender, representation was made prior to, or
above the signature of the offended simultaneously with the delivery of the thing. It
party, without authority to do so; and being essential that such false statement or
4. Document so written creates a liability fraudulent representation constitutes the very
of, or causes Damage to, the offended cause or the only motive which induces the
party or any third person. complainant to part with the thing. [id.] This is
2. Estafa by Means of Deceit [Art. 315 (2)] as opposed to Estafa with Abuse of
Confidence, wherein Deceit is not an
Elements: [FaPReID] indispensable requisite [U.S. vs. Pascual, 10
1. There must be a False pretense, Phil. 621].
fraudulent act or fraudulent means;
2. Such false pretense, fraudulent act or Use of Fictitious Name
fraudulent means must be made or There is use of fictitious name when a person
executed Prior to or simultaneously uses a name other than his real name [People
with the commission of the fraud. vs. Yusay, G.R. No. L-26957 (1927)].
3. Offended party Relied on the false
pretense, fraudulent act, or fraudulent The pretense must be false
means and by reason thereof, was There must be evidence that the pretense of
Induced to part with his money or the accused that he possesses power,
property. influence, etc., is false [People v. Wilson Yee,
4. As a result, the offended party suffered C.A. O.G. 1223].
Damage.
b. Estafa by Altering the Quality, Fineness
Note: There is no deceit if the complainant was or Weight of anything pertaining to his art
aware of the fictitious nature of the pretense or business [Art. 315(2)(b)]
[People vs. Paredes, G.R. No. L-19192
(1923)].

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c. Estafa by Pretending to have bribed the amount of the check [People v.
any Government Employee [Art. Lilius, 59 Phil. 339].
315(2)(b)]
See: The Special Penal Laws Reviewer for a
Note: detailed discussion of B.P. 22 (“The Bouncing
a. Offender may still be liable for Checks Law”), especially in relation to this
defamation which the government provision [Art. 315, par. 2(d), Revised Penal
employee allegedly bribed may deem Code]
proper to bring against the offender.
[Art. 315(2)(c), Revised Penal Code;; Prima Facie Evidence of Deceit
See Black’s Law Dictionary] There is prima facie evidence of deceit when
b. If the crime is consummated - crime the drawer fails to pay 3 days after receiving
is corruption of a public officer. [Id.] notice of dishonor [Art. 315(2)(d), as amended
by RA 4885].
Estafa by Means of Fraudulent Acts
Stoppage of a Payment of a Check
If checks were issued by defendant and he
The acts must be fraudulent; characterized by,
received money for them and stopped payment
or founded on, deceit, trick or cheat. [Definition
and did not return the money and if at the time
of Fraud lifted from Black’s Law Dictionary]
the check was issued, he had the intention of
stopping payment, he is guilty of estafa [US vs.
d. Estafa by Postdating a Check or Poe, G.R. No. 13969, (1919)].
Issuing a Check in Payment of an
Obligation Continuing Offense
Estafa by issuance of a bad check is continuing
Elements: [OF] offense [People v. Yabit, G.R. L-42902,
1. Offender postdated a check, or issued (1977)].
a check in payment of an Obligation;
and
e. Estafa by Obtaining Food or
2. Such postdating or issuing a check was
Accommodation at a Hotel, etc. [Art. 315
done when the offender had no Funds
(2)(e)]
in the bank, or his funds deposited
therein were not sufficient to over the
Punishable Acts: [FCA]
amount of the check.
1. By obtaining Food, refreshment or
accommodation at a hotel, inn,
Check issued must be Genuine
restaurant, boarding house, lodging
If the check is falsified and the same is cashed
house or apartment house without
with the bank, or exchanged for cash, the crime
paying therefor, with intent to defraud
committed is estafa through falsification of a
the proprietor or manager thereof;
commercial document. [Art. 315 in relation to
2. By obtaining Credit at any of said
Art. 171 of the Revised Penal Code; Paredes
establishments by the use of any false
v. Court of Appeals, G.R. No. 169534 (2007)]
pretense; or
3. By Abandoning or surreptitiously
The Post-Dating or Issuance of the Check
removing any part of his baggage from
Must be the Efficient Cause
any of said establishments after
The check should not be postdated or issued
obtaining credit, food, refreshment or
in payment of pre-existing obligation. [People
accommodation therein, without paying
vs. Reyes, G.R. No. 154159, (2005)]. To
therefor.
constitute estafa, the post-dating or issuance of
the check should be the efficient cause of the
defraudation. As such, it should be given either
prior to, or simultaneously with, the act of fraud.
[Id.].
● Thus, when a check was issued in
payment of a debt contracted prior to
such issuance, there is no estafa, even
if there is no fund in the bank to cover
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3. Estafa Through Fraudulent Means [Art.
Commission
315 (3)]
As to the Property Involved
a. Estafa by Inducing Another to Sign Any
Document Offender is a public Offender is a private
officer who is individual or even a
Elements: [ISiP-P] officially entrusted public officer who is
1. Offender Induced the offended party to with the custody of not officially
sign a document. documents entrusted with the
2. Deceit was employed to make him custody of said
Sign the document. documents.
3. Offended party Personally signed the
document. As to Intent
4. Prejudice was caused.
No Intent to Defraud There is Intent to
Note: If the offended party is willing and ready Defraud
from the beginning to sign the document and
there is deceit as to the character or contents
b. Article 316 – Other Forms of Swindling
of the document, because the contents are
different from those which the offended party
told the accused to state in the document, the Punishable Acts:
crime is falsification [Art. 315 (3) (a) and Art.
172 of the Revised Penal Code]. 1. Conveying, selling, encumbering, or
mortgaging any real property, pretending
b. Estafa by Resorting to Some to be the owner of the same
Fraudulent Practice to Ensure Success in
Gambling [Art. 315 (3)(b)] Elements: [I-ROP]
a. Thing is Immovable (e.g., parcel of land or
building).
c. Estafa by Removing, Concealing or b. Offender is not the owner but Represents
Destroying Court Records, Office Files, himself as the owner thereof.
and other Documents [Art. 315 (3)(c)] c. Offender executed an act of Ownership
(selling, encumbering or mortgaging the
Elements: [CRD] real property).
1. There are Court records, office files, d. Act was made to the Prejudice of the
documents or any other papers. owner or a third person [Estrellado-Mainar
2. Offender Removed, concealed or v. People, G.R. No. 184320 (2015)].
destroyed any of them.
3. Offender had intent to Defraud another.
Swindling vs. Estafa by False
Note: If there is no intent to defraud, the act of Pretenses
destroying a court record will be malicious Swindling Estafa by False
mischief. [Art. 327, Revised Penal Code; See [Art. 316 (1)] Pretenses
GUEVARA; as cited in REYES, BOOK 2] [Art. 315, 2(a)]
Infidelity in Custody of Document vs. Estafa As to the Property Involved
by Removing, Concealing or Destroying a
Document Covers immovable May cover personal
Infidelity in Estafa or real property and real property.
Custody of [Art. 315, 3(c)]
As to the Acts Committed
Documents
[Art. 226] Selling, or Pretense in owning
encumbering, or real or personal
As to the Manner of Commission
mortgaging any real property and
Both are Similar in the Manner of property, and doing defrauding the

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Mode 1 v. Mode 3
some act of offended party.
dominion or Pretending to be Wrongfully Taking
ownership over the Owner of Real Personal Property
property to the Property [Mode 1] from Lawful
damage and Possessor [Mode
prejudice of the real 3]
owner of the thing.
As to the Property Involved

Immovable Property Personal Property

2. By disposing of real property as free from
encumbrance, although such encumbrance
be not recorded As to Ownership

Elements: [DKRD] Offender merely Offender is the

a. Thing Disposed of is real property. represents himself owner of the
b. Offender Knew that the real property as the owner of the personal property.
was encumbered, whether the same immovable property
was recorded or not. involved
c. There was express Representation by
the offender that the real property is As to the Acts Committed
free from encumbrance; and
Offender committed The personal
d. Act of disposing of the real property
an act of ownership property is
was made to the Damage of another.
prejudicial to the true wrongfully taken
[Naya v. Spouses Abing, G.R. No.
owner of the property from possession of a
146770 (2003)]
or a third person. lawful possessor.
Definition of Terms: [Gonzaga v. People,
G.R. No. 199774 (2015)]
1. “Dispose” – includes encumbering or
mortgaging.
2. “Encumbrance” – includes every right
or interest in the land which exists in favor
of third persons.
3. Wrongfully taking by the owner of his
personal property from its lawful possessor

Elements:
a. Offender is the Owner of personal
property.
b. Property is in the lawful Possession of
another.
c. Offender Wrongfully takes it from its
lawful possessor.
d. Prejudice is caused to the lawful
possessor or third person.

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Theft vs. Other Forms of Swindling, Mode 3 g. Selling, mortgaging or encumbering
real property or properties with which
Pretending to be Wrongfully Taking
the offender guaranteed the fulfillment
Owner of Real Personal Property
of his obligation as surety
Property [Mode 1] from Lawful
Possessor [Mode
Elements: [SGS-WCR]
3]
1. Offender is a Surety in a bond given in a
As to the Property Involved criminal or civil action.
2. Surety Guaranteed the fulfillment of such
Personal Property obligation with his real property or
properties.
As to Ownership 3. Surety Sells, mortgages, or, in any other
manner encumbers said real property.
Property belongs to Offender is the 4. That such sale, mortgage, or
another (offender is owner of the encumbrance is
not the owner or personal property. a. Without express authority from the
possessor) court; or
b. Made before the Cancellation of his
As to the Acts Committed bond; or
c. Made before being Relieved from the
Offender unlawfully The personal obligation contracted by him.
takes the personal property is
property of another wrongfully taken Note: There must be actual damage caused
with intent to gain. from possession of a under Art. 316, because the penalty is based
lawful possessor on the value of the damage caused, mere
intent to cause damage is not sufficient.
As to the Presence of Violence [Article 316, Revised Penal Code.]

Committed without Violence or Intimidation c. Article 317 – Swindling a Minor

e. Executing any fictitious contract to the Elements: [AICD]

prejudice of another 1. Offender takes Advantage of the
inexperience or emotions or feelings of a
Elements: [EFP] minor.
1. Offender Executes a contract. 2. Offender Induces such minor to: [ORT]
2. Contract is Fictitious. a. Assume an Obligation; or
3. Prejudice is caused. b. Give Release; or
c. Execute a Transfer of any
f. By accepting any compensation for Property right.
services not rendered or for labor not 3. That the Consideration is: [LCO]
performed a. Some Loan of money; or
b. Credit; or
Elements: [AN] c. Other personal property.
1. Offender Accepts compensation for 4. Transaction is to the Detriment of such
services or labor. minor.
2. He did Not render any service or perform
any labor. Note: Actual proof of deceit or
misrepresentation is not essential, as it is
Note: Fraud is an essential element, without sufficient that the offender takes advantage of
fraud, it merely is solutio indebiti. [Art. 2154, the inexperience or emotions of the minor.
Civil Code] Art. 317 makes no mention of a requirement
for actual proof of deceit or
misrepresentation.

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d. Article 318 – Other Deceits and Art. 320, as amended by RA 7659. The
provisions of PD 1613 which are inconsistent
Punishable Acts: [NC] with RA 7659 (Such as Sec. 2 of PD No. 1613)
are deemed repealed. Thus, in general, the
1. Defrauding or damaging another by any
governing law is, PD 1613, except for the
other deceit Not mentioned in the
provision on Destructive Arson (Sec. 2 of PD
preceding articles.
1613) which is now governed by the reinstated
2. Interpreting dreams, by making forecasts,
and amended Art. 320.
by telling fortunes, or by taking advantage
of the Credulity of the public in any other
similar manner, for profit or gain. Acts of Arson: [SDO]

Note: As in other cases of estafa, damage to 1. Simple Arson

the offended party is required.
Elements: [BAO]
For one to be liable for "other deceits" under A person Burns or sets fire to:
the law, it is required that the prosecution must a. Property of Another; or
prove the following essential elements: (a) b. His Own property under circumstances
false pretense, fraudulent act or pretense other which expose to danger the life or
than those in the preceding articles; (b) such property of another. [Sec. 1, PD 1613]
false pretense, fraudulent act or pretense must
be made or executed prior to or simultaneously
with the commission of the fraud; and (c) as a 2. Destructive Arson
result, the offended party suffered damage or
prejudice [Guinhawa v. People, G.R. No. Burning of: [1-P-TWEE]
162822 (2005)]. a. 1 or more buildings or edifices,
consequent to one single act of burning,
See: The Special Penal Laws Reviewer for a or as a result of simultaneous burnings,
detailed discussion of B.P. 22 (“The Bouncing committed on several or different
Checks Law”), especially in relation to this occasions.
provision [Art. 315, par. 2(d), Revised Penal b. Any building of public or private
Code]. ownership, devoted to the Public in
general or where people usually gather or
congregate for a definite purpose (e.g.,
Chapter VII: Chattel Mortgage for official governmental function or
business, private transaction, commerce,
a. Article 319 - Removal, Sale, or trade, workshop, meetings and
Pledge of Mortgaged Property conferences), or merely incidental to a
definite purpose (e.g., hotels, motels,
Note: Punishable acts under this Article transient dwellings, public conveyances
involve property mortgaged or pledged under or stops or terminals), regardless of:
the Chattel Mortgage Law. RA 11057 or the i. Whether the offender had knowledge
Personal Property Security Act has repealed that there are persons in said building
the Chattel Mortgage Law. [Sec. 66, RA or edifice at the time it is set on fire;
11057] or
ii. Whether the building is actually
inhabited.
Chapter VIII : Arson and Other c. Any train or locomotive, ship or vessel,
Crimes Involving Destruction airship or airplane, devoted to
Transportation or conveyance, or for
a. Articles 320-326B (Initially repealed public use, entertainment or leisure.
d. Any building, factory, Warehouse
by PD 1613, but reinstated partially by installation and any appurtenances
P.D. 1744 and further amended by RA thereto, which are devoted to the service
7659) of public utilities.
e. Any building the burning of which is for
Note: The laws on Arson in force are PD 1613 the purpose of concealing or destroying
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Evidence of another violation of law, or for Prima Facie Evidence of Arson:
the purpose of concealing bankruptcy or [FISWiD2]
defrauding creditors or to collect from 1. If gasoline, kerosene, petroleum or other
insurance. [Art 320, as amended by Sec. Flammable or combustible substances or
10 RA 7659] materials soaked therewith or containers
thereof, or any mechanical, electrical,
Additional Acts Considered as Destructive chemical, or electronic contrivance
Arson: [2-AI] designed to start a fire, or ashes or traces
a. When arson is perpetrated or committed of any of the foregoing are found in the
by 2 or more persons or by a group of ruins or premises of the burned building or
persons, regardless of whether their property.
purpose is merely to burn or destroy the 2. If the building or property is Insured for
building or the burning merely constitutes substantially more than its actual value at
an overt act in the commission or another the time of the issuance of the policy.
violation of law. 3. If a substantial amount of Flammable
b. Burning of: [AI] substances or materials are Stored within
i. Any Arsenal, shipyard, storehouse or the building note necessary in the
military powder or fireworks factory, business of the offender nor for household
ordinance, storehouse, archives or use.
general museum of the Government. 4. If the fire started Simultaneously in more
ii. Inhabited place, storehouse or factory than one part of the building or
of inflammable or explosive materials. establishment.
[Sec 10(2), RA 7659] 5. If shortly before the fire, a substantial
portion of the effects insured and stored
3. Other cases of Arson [Sec. 3, PD 1613] in a building or property had been
Burning of any: Withdrawn from the premises except in
a. Building used as Offices of the government the ordinary course of business.
or any of its agencies; 6. If a Demand for Money or other valuable
b. Inhabited house or dwelling; consideration was made before the fire in
c. Industrial establishment, shipyard, oil exchange for the desistance of the
well or mine shaft, platform or tunnel; offender or for the safety of the person or
d. Plantation, farm, pastureland, growing property of the victim.
crop, grain field, orchard, bamboo grove 7. If during the lifetime of the corresponding
or forest; fire insurance policy more than 2 fires
e. Rice, sugar or cane Mill, or mill central; and have occurred in the same or other
f. Railway or bus station, airport, wharf premises owned or under the control of
or warehouse. the offender and/or insured.

Special Aggravating Circumstance: Note:: Conspiracy to commit arson is

[HIBS] penalized under the law [Sec. 7, PD 1613]
1. Offender is motivated by spite or Hatred
towards the owner or occupant of the Stages of Arson: [AFC]
property burned; 1. Attempted Arson – Offender
2. Committed with Intent to gain; commences the commission of the felony
3. Committed for the Benefit of another; directly by overt acts but does not perform
and all the acts of execution which should
4. Committed by a Syndicate. [Sec. 4, PD produce the felony by reason of some
1613] cause or accident other than his own
spontaneous desistance, e.g. due to the
Note: This cannot be offset by any mitigating timely intervention of another who chases
circumstance [Palaganas v. People, G.R. No. away the offender. [Article 6, Revised
165483 (2006)]. Penal Code]

Illustration: Placing the rags soaked in

gasoline beside the wooden wall of the
building and lighting a match but does not
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continue to the setting of fire to the rag separate and distinct crimes committed:
due to some cause or accident other than homicide/murder and arson [People v.
his own spontaneous desistance. Malngan, G.R. No. 170470 (2006)].

2. Frustrated Arson Arson under PD 1613, as Terrorism

A person who commits an act punishable as
Illustration: Person is able to light or set Arson under P.D. 1613, thereby sowing and
fire to the rags but the fire was put out creating a condition of widespread and
before any part of the building was extraordinary fear and panic among the
burned [US vs. Valdez, G.R. No. L- populace in order to coerce the government to
14128, (1918)]. give in to an unlawful demand, shall be guilty
of the crime of terrorism. [Sec. 3, PD 9372]
Note: It is argued that there is no such
thing as Frustrated Arson [Boado], as
illustrated in the case of People vs. Chapter IX – Malicious Mischief
Gutierrez [G.R. No. 100699, (1996)],
wherein the court ruled that even if a a. Art. 327 - Who are Liable for
building is not completely gutted by fire, Malicious Mischief
the crime is still consummated arson, it is
enough that a portion of it is destroyed. Malicious Mischief
Willful damaging of another's property for the
3. Consummated Arson – All acts sake of causing damage due to hate, revenge
necessary to produce combustion are or other evil motive [People v. Tayucon, 55
present in the thing to be burnt [People O.G. 4848 (1959)].
v. Hernandez, G.R. No. 31770, (1929)].

Note: Extent of damage is immaterial, as Element: [DNS]

long as a portion of it is burnt. [Id.] 1. Offender deliberately caused Damage to
the property of another.
Illustration: Before the fire was put out, it 2. Such act does Not constitute arson or
had burned a part of the building, it is other crimes involving destruction.
consummated. [Id.] 3. Act of damaging another's property be
committed merely for the Sake of
damaging it.
Cases where Both Death and Burning
Occur
Hate, Revenge, Evil Motive
General Rule: 3rd element presupposes that
In cases where both burning and death occur,
the offender acted due to hate, revenge or
in order to determine what crime/crimes
other evil motive [People v. Tayucon, 55 O.G.
was/were perpetrated whether arson, murder
4848 (1959)].
or arson and homicide/murder, it is de rigueur
to ascertain the main objective of the
Exception: It is malicious mischief even if the
malefactor:
act of damaging another's property was
1. If the main objective is the burning of
inspired by the mere pleasure of destroying
the building or edifice, but death results
[People vs. Siddayao, C.A., 53 O.G. 8163].
by reason or on the occasion of arson, the
crime is simply arson, and resulting
No Malicious Mischief in the following
homicide is absorbed;
cases:
2. If the main objective is to kill a
1. If there is no malice in causing the
particular person who may be in a
damage - the obligation to repair or
building or edifice and fire is resorted to
pay for damages is only civil. [Id.]
as the means to accomplish such goal the
2. If there is intent to gain - crime
crime committed is murder only; and
committed is Theft [Id.]
3. If the objective is to kill a particular person,
and in fact the offender has already done
so, but fire is resorted to as a means to “Damage”
cover up the killing, then there are two Includes not only loss but also diminution of
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what a person owns. Thus, damage to
belonging to the the sake of
another's house includes defacing it. [Id.]
national library or damaging them
National Museum
b. Art. 328 - Special Cases of
Malicious Mischief [OP- CM]
1. Causing damage to Obstruct the c. Art. 329 – Other Mischiefs
performance of public functions;
2. Using any Poisonous or corrosive
Punished Act
substance.
Mischiefs not included in Art. 328 and
3. Spreading any infection or contagion
punished according to the value of the
among Cattle.
damage caused.
4. Causing damage to the property of the
National Museum or National Library,
Note: But, if the amount involved cannot be
or to any archive or registry,
estimated, the penalty of arresto menor or
waterworks, road, promenade, or any
fine not exceeding P200 is fixed by law. [Art.
other thing used in common by the
329, Revised Penal Code]
public.

Note: These are also called qualified malicious d. Art. 330 – Damage and Obstruction
mischief. to Means of Communication

Mode 1 of Art. 328 vs. Sedition Punishable Act

Damaging any railway, telegraph or
Mode 1 Sedition
telephone line.
[Art. 328] [Art. 139]

As to Presence of a Public and Qualifying Circumstance

Tumultuous Uprising Higher penalty shall be imposed if it shall
result in any derailment of cars, collision, or
Not Present Present other accident.

As to intention to Obstruct Public Note: Derailment or collision of cars should

Functions not have been purposely sought for by the
offender but should have just resulted from
There is intent to obstruct public functions damage to railway, telegraph or telephone
lines.
Theft vs. Art. 328, Mode 4
Telegraph or Telephone Lines
Theft Mode 4 The telegraph or telephone lines must pertain
[Art. 308] [Art. 328 (4)] to a railway system.
As to the Property Involved
Crimes Committed if Passengers are
Property belonging Property belonging Killed:
to the National to the National Passengers
Intent to
Library or National Library or National are Killed as a Crime Committed
Kill
Museum. Museum, or to any Result
archive or registry, Present Present Murder
road or any thing Present Not Damage to
used in common by Present Means of
the public. Communication

As to the Acts Committed

Offender unlawfully Offender deliberately

takes property causes damage for
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e. Art. 331 – Destroying or Damaging Relatives by Affinity – includes stepfather,
Statues, Public Monuments or adopted father, and natural children. [Id.]
Paintings
3. Widowed Spouse with respect to property
of the deceased, if:
Persons Liable: [SP] a. Property belongs to the
1. Any person who shall destroy or deceased spouse; and
damages Statues or any other useful or b. It has not yet passed into the
ornamental public monument; and possession of a 3rd Person. [Art.
2. Any person who shall destroy or 332(2), Revised Penal Code]
damage any useful or ornamental
Painting of a public nature. 4. Brothers and Sisters and brothers-in-law
and sisters-in-law, if living together; and
10. Chapter X – Exemption from
Criminal Liability Against Exemption Not Applicable to:
A. Strangers participating in the
Property commission of the crime. [Art. 332(4),
Revised Penal Code]
a. Art. 332 – Persons Exempt from B. If complexed with another crime.
Criminal Liability [Carungcong vs. People, G.R. No.
181409, (2010)]
Civil Liability Only
No criminal, but only civil liability shall result
from the commission of any said crimes,
committed or caused mutually by those
persons. [Art. 332(1), Revised Penal Code]

Rationale: Law recognizes the presumed co-

ownership of the property between the
offender and the offended party (due to the
relations of the persons exempted, as
expounded below)

Crimes Exempted: [TSM]

1. Theft,
2. Swindling (estafa),
3. Malicious mischief.

Persons Exempted: [SADRAS-WS-

BS]
1. Spouses;

This includes common law spouses because

Arts. 147-148 of the Family Code provide that
common law spouses are co-owners of the
property.

2. Ascendants and Descendants, Relatives

by Affinity in the Same line;

Includes legitimate and illegitimate half-brother

and sisters, for the law did not limit the term to
legitimate and adopted full brothers or sisters
[Id.]

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K. CRIMES AGAINST 2438].

CHASTITY [ARTS. 333 - 346] When applicable, both defendants shall be

entitled to the mitigating circumstance
1. Chapter I – Adultery and [People v. Avelino, C.A., 40 O.G., Supp.
11, 194].
Concubinage
2. Recrimination
a. Article 333 – Adultery Husband’s illicit relationship does not
absolve but may mitigate wife’s liability for
Elements: [MaNoK] adultery [People v. Florez, CA-G.R. No.
1. Woman is Married; 26089-CR, April 6, 1964].
2. She has sexual intercourse with a man Not
her husband; Effect of Acquittal
3. As regards the man with whom she has Acquittal of one party does not automatically
sexual intercourse: he Knows that she is acquit the other in the following cases:
married. 1. There is no joint criminal intent, although
there is a Joint physical act [U.S. v.
Guzman, G.R. No. 11895 (1916)].
Persons Liable: [MaMa] 2. One of the parties is Insane; the other
1. Married woman who engages in sexual sane [U.S. v. Guzman, G.R. No. 11895
intercourse with a man not her husband; (1916)].
and 3. Man has no Knowledge that the woman is
2. Man who, knowing of the marriage of the married [U.S. v. Guzman, G.R. No. 11895
woman, has sexual intercourse with her (1916)].
[Art. 333, par. 1, Revised Penal Code] 4. Death of the woman during the pendency
of the action cannot defeat the trial and
Rules as to Marriage Requirement conviction of the man [US v. De la Torre,
1. Offended party must be legally married to G.R. No. 8144 (1913)].
the offender at the time of the filing of the 5. Even if the man left the country and could
complaint. [Pilapil v. Ibay-Somera, 174 not be apprehended, the woman can be
SCRA 653] Tried and convicted [US v. Topiño, G.R.
2. Adultery is committed, even if the marriage No. 11895, (1916)].
is subsequently declared void. [Art. 333,
par. 1, Revised Penal Code] Effect of Death; Paramour v. Offended
Party
Each Occasion a Crime Death of Death of Offended
Each occasion of sexual intercourse Paramour Party
constitutes a crime of adultery [People v.
Zapata, G.R. No. L-3047 (1951)]. Offending wife The proceedings
may still be may continue. Art.
Mitigating Circumstances prosecuted. 353 seeks to
1. When abandoned The protect the honor
The criminal liability is mitigated when requirement and reputation not
adultery is committed while being that both only of the living but
abandoned by her husband without offenders of dead persons as
justification. [Art. 333, par. 3, Revised should be well. [People vs.
Penal Code] included in the Diego, 38 O.G.
complaint is 2537]
In one case, it was held that when the absolute only
husband is believed to be dead, the wife’s when the two
act of giving herself up to the man who lent offenders are
her a helping hand during such time of want alive. [Art. 344,
and need is considered a mitigating par. 2, Revised
circumstance [People v. Alberto, CA 47 OG Penal Code]
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Pardon by the Offended Party is a bar married.
to prosecution for Adultery or
Concubinage Definition of Terms:
1. Mistress – a woman taken by the accused
Requisites: to live with him in the conjugal dwelling as
1. Pardon must be made before the his mistress/concubine [People vs. Jesus
institution of criminal prosecution; and Hilao, et al., C.A., 52 O.G. 904].
2. Both offenders must be pardoned by the 2. Conjugal Dwelling – the home of the
offended party. [Art. 344, par. 2, Revised husband and the wife, even if the wife
Penal Code] appears to be temporarily absent on any
account [People vs. Cordova, G.R. No.
Note: The act of having intercourse with the 19100-R (1959)].
offending spouse after an adulterous conduct 3. Cohabit – to dwell together, in the manner
is, at best, an implied pardon of said of husband and wife, for some period of
adulterous conduct [People vs. Muguerza, et time, as distinguished from occasional
al., 13 C.A. Rep. 1079]. transient interviews for unlawful
intercourse [People v. Pitoc, G.R. No.
Adultery vs. Prostitution 18513, (1922)].
4. Scandalous Circumstances – Scandal
Adultery Prostitution
consists in any reprehensible word or deed
[Art. 333] [Art.202]
that offends public conscience, redounds
As to Nature of Crime to the detriment of the feelings of honest
Crime Crime against persons, and gives occasion to the
against public morals neighbors’ spiritual damage or ruin [People
chastity v. Santos, 87 Phil. 687 (1950)].
As to Persons Liable
Married woman Woman, Usage of Conjugal Dwelling Not Important
whether married The fact that the wife never had a chance to
or not reside therein and that the husband used it
with his mistress instead, does not detract from
As to Manner of Commission its nature [People v. Cordova, C.A., G.R. No.
Having sexual Habitual indulgence 19100-R (1959)].
intercourse in sexual intercourse
with a man not on lascivious Mere Cohabitation Sufficient
her husband conduct for money or In the 3rd way of committing the crime, mere
profit cohabitation is sufficient; Proof of scandalous
b. Article 334 – Concubinage circumstances not necessary [People v. Pitoc,
G.R. No. 18513 (1922)].
Elements: [MaKeSCoK]
1. Man is Married; Liability of Married Man
2. He is either: A married man is not liable for concubinage
a. Keeping a mistress in the conjugal for mere sexual relations with a woman not
dwelling; his wife. It must be under scandalous
b. Having Sexual intercourse under circumstances [People vs. Santos, et al.,
scandalous circumstance with a C.A., 45 O.G. 2116].
woman not his wife;
c. Cohabiting with her in any other place; No Knowledge that Woman is Married
and A married man who is not liable for adultery
3. As regards the woman: she Knows that he because he did not know that the woman was
is married. married, may be held liable for concubinage.
If the woman knew that the man was married,
Persons Liable: [MaW] she may be held liable for concubinage as
well. [Id.]
1. Married man; and
2. Woman who knew that the man was
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When Spies are Employed, no signifies a form of immorality which has
evidence of scandalous relation to moral impurity or that which is
circumstances carried in wanton manner [Lutap v. People,
When spies are employed for the purpose of G.R. No. 204061 (2018)].
watching the conduct of the accused and it • Example: When the accused not only
appearing that none of the people living in the kissed and embraced the complainant
vicinity has observed any suspicious conduct, but fondled her breast with the particular
there is no evidence of scandalous design to independently derive vicarious
circumstances [U.S. v. Campos Rueda, G.R. pleasures therefrom, the element of lewd
No. L-11549 (1916)]. designs exist [People v. Panopio, CA 48
OG 145].

Chapter II – Rape and Acts of No Frustrated or Attempted Acts of

Lasciviousness Lasciviousness
There can be no attempted and frustrated acts
a. Article 335 – When and How Rape is of lasciviousness. The crime of consummated
Committed (repealed by RA No. 8353) rape absorbs acts of lasciviousness [People v.
Tabarangao, G.R. No. 116535-36 (1999)].
Note: Art. 335 has been repealed by RA
8353, otherwise known as the Anti-Rape Law Sweetheart Defense Inapplicable
of 1997 which took effect on October 22, For purposes of sexual intercourse and
1997. Renumbered as Art. 266-A of the lascivious conduct in child abuse cases under
Revised Penal Code. RA 7610, the sweetheart defense is
unacceptable. A child exploited in prostitution
b. Article 336 - Acts of Lasciviousness or subjected to other sexual abuse cannot
validly give consent to sexual intercourse with
Note: Although approved beyond the June 30, another person [Malto v. People, G.R. No.
2021 cut-off point for the 2022 Bar Exams, 164733 (2007)].
please take note of R.A. 11648, which
substantially amends Crimes against Chastity, Abuses Against Chastity vs. Crimes
among others. Against Chastity
Abuses Against Crimes
Also: For the proper nomenclature and penalty Chastity Against
to be imposed for offenses involving Acts of [Art. 246] Chastity
Lasciviousness–as discussed in the case of [Art. 336]
People v. Tulagan, G.R. No. 227363, Mar. 12, Committed by
2019–please refer to the table, in the section of Whom
this reviewer discussing Art. 266-A (Rape). Public officer In a majority of
cases, a private
Elements: [APeC – FoDeFraU] individual
1. Offender commits any Act of As to How Committed
lasciviousness or lewdness; Mere immoral It is necessary that
2. Act is committed against a Person of or indecent some actual act of
either sex; and proposal lasciviousness
3. It is done under any of the made should have been
following Circumstances: earnestly and executed by the
a. By using Force or intimidation; or persistently. offender.
b. When the offended party is Deprived of
reason or otherwise unconscious;
c. By means of Fraudulent machination
or grave abuse of authority
d. When the offended party is Under 12
years of age or is demented.

Lewd – obscene, lustful, indecent, lecherous;

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Acts of Lasciviousness v. Grave Anti-Child Pornography Act of 2009, in relation
Coercion v. Unjust Vexation to this section.
Acts of Grave Unjust
Lasciviou Coercio Vexation Additional elements, according to the IRR:
s-ness n [Art. a. There is intentional Touching, either
[Art. 336] [Art. 287] directly or through clothing, of the
286] genitalia, anus, groin, breast, inner thigh,
Nature of Compulsion or Force or buttocks
Compulsio Compulsion No b. Committed against same or opposite Sex,
n or force or force is presence c. There is Intent to abuse, humiliate,
is included the very act of harass, degrade, or arouse or gratify the
in the constituting compulsion sexual desire of any person, bestiality,
constructiv the offense or force, act masturbation, lascivious exhibition of the
e element of grave of touching genitals or pubic area of a person.
of force coercion is a mere
incident Note: When there is introduction of an object
What Must Accompany the Act into the genitals, anus, or mouth, this is no
Must be Moral Need not longer lascivious conduct but rape by sexual
accompanie compulsion be assault [People v. Tulagan, G.R. No. 227363,
d by acts of amounting to accompani Mar. 12, 2019].
lasciviousne intimidation ed by any
ss or is sufficient moral 3. Chapter III – Seduction,
lewdness compulsion
or acts of
Corruption of Minors and White
lasciviousn Slave Trade
ess
a. Article 337 - Qualified Seduction
When Punishable Under RA No. 7610
(Special Protection of Children Against Seduction - The offense that occurs when a
Abuse, Exploitation and Discrimination man entices a woman of previously chaste
Act) character to have unlawful intercourse with
Acts of lasciviousness is punished under RA him by means of persuasion, solicitation,
No. 7610 when performed on a child below promises, or bribes, or other means not
18 years of age, exploited in prostitution or involving force. [Black’s Law Dictionary, 9th
subjected to other sexual abuse. ed.]

Elements of Lascivious Conduct It applies when there is abuse of authority

under RA No. 7610 (qualified seduction) or deceit (simple
The following elements of sexual abuse under seduction).
Sec. 5 (b) of RA 7610 must be proven in
addition to the elements of acts of Two Classes of Seduction:
lasciviousness: a. Seduction of a virgin over 12 years and
a. Accused commits the act of Sexual under 18 years of age by certain persons
intercourse or lascivious conduct. such as, a person in authority, priest,
b. Said act is performed with a child Exploited teacher or any person who, in any capacity
in prostitution or subjected to other sexual shall be entrusted with the education or
abuse. custody of the woman seduced.
c. Child, whether male or female, is below 18 b. Seduction of sister or descendant, whether
years of age. [Navarrete v. People, G.R. or not she is a virgin or over 18 years of
No. 147913 (2007)] age.

Note: See also the Special Penal Laws Elements of (a):

Reviewer for a discussion on the R.A. 7610 or 1. Offended party is a Virgin, which is
Special Protection of Children Against Abuse, presumed if she is unmarried and of
Exploitation and Discrimination Act and the good reputation;
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2. She is Over 12 and Under 18 yrs. of age; Offenders in Qualified Seduction:
3. Offender had Sexual intercourse with 1. Those who abused their Authority:
her; and a. Person in public authority
4. There is Abuse of authority, confidence, b. Guardian; or
or relationship on the part of the offender. c. Teacher
1. Person who, in any capacity, is Entrusted
Elements of (b): with the education or custody of the
1. Offended party is the Sister or woman seduced.
Descendant of the offender, regardless of 2. Those who abused confidence reposed in
the former’s age or virginity; them:
2. Offender had Sexual intercourse with her; a. Priest
and b. House servant; or
3. Offender is her Brother or Ascendant by c. Domestic
consanguinity, whether legitimate or 3. Those who abused their Relationship:
illegitimate. a. Brother who seduced his sister; or
b. Ascendant who seduced his
Note: descendant.
• If the sister or descendant is under 12
years of age, the crime would be Domestic – a person usually living under the
rape; and same roof, pertaining to the same house. [U.S.
• If she is married and over 12 years of v. Santiago, G.R. No. 9118 (1913)]
age, it would be adultery [See Art.
333, Revised Penal Code] Not a Continuing Offense
The loss of virginity during the minority of the
Virgin - a woman of chaste character and of offended party consummated the offense, and
good reputation. The offended party need not the virginity of a woman cannot be lost twice.
be physically a virgin because virginity is Carnal relations after 18 years of age does not
presumed if the woman is unmarried and of constitute continuation of the offense begun
good reputation [People v. Yap, G.R. No. L- when she was under 18. [People v. Bautista,
25176, (1968); People v. Ramos, CA, 72 12 O.G. 2405]
O.G. 8139].

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Acts of Lasciviousness vs. Attempted Rape vs. Qualified Seduction
Acts of
Attempted Rape Qualified Seduction
Lasciviousness
[Art. 266-A] [Art. 337]
[Art. 336]
Offended Party
Either sex Woman (Rape by sexual intercourse) Woman

Note: Although approved beyond the June

30, 2021 cut-off point for the 2022 Bar
Exams, please take note of R.A. 11648,
which substantially amends Crimes
against Chastity, among others.
Particularly, in “Rape by sexual
intercourse”, the offended may now be
either a man or woman.

Requisite of Sexual Intercourse

Not required, lascivious Not required, what is required is that the Element of the offense
acts are the final intent be to lie with the victim
objective sought by the
offender
Intent
Acts performed do not Acts performed clearly indicate that the Enticing a woman to unlawful
indicate that the intent of accused’s purpose was to lie w/ the sexual intercourse by promise
the accused was to lie w/ offended woman. of marriage or other means of
the offended party. persuasion without use of force
Consent
Not a defense; if there is Defense; consent given by the Not a defense
consent, it can be offended party results in consensual sex
punished under Art. 339 and is not punishable

b. Article 338 - Simple Seduction Qualified Seduction Simple Seduction

[Art. 337] [Art. 338]
Elements: [ORSeD] Virginity
1. Offended party is Over 12 and under 18 Essential element of Not an essential
years of age; the crime element, it is enough
2. She is of good Reputation, single or that the woman is
widow; single or a widow of
3. Offender had Sexual intercourse with good reputation and
her; and has a chaste life [See
4. It was committed by means of Deceit. People v. Iman, 62
Phil. 92]
Deceit Deceit
Deceit generally takes the form of unfulfilled Not an essential Essential element
promise of marriage and this promise need not element since it is
immediately precede the carnal act [People v. replaced by abuse
Iman, 62 Phil 92]. of confidence.
[People v.
Promise of marriage by a married man is not a Fontanilla, G.R. No.
deceit, if the woman knew him to be married. L-25354 (1968)]
[U.S. vs. Sarmiento, 27 Phil. 121][. As to Manner of Commission
Qualified Seduction vs. Simple Seduction
May be committed Can be committed
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only with abuse of even without abuse intercourse, instead of acts of lewdness only.
authority, abuse of of authority, abuse of
confidence or abuse confidence or abuse Higher Degree Imposed if Victim is
of relationship of relationship Under 12
As to Offender When the victim is under 12 yrs., the penalty
Specific offenders Any person so long shall be one degree higher than that imposed
such as a person in as there is deceit. by law. [Sec. 10, RA 7610]
public authority,
priest, house Acts of Lasciviousness vs. Acts of
servant, guardian, Lasciviousness with Consent
teacher or any
Acts of Acts of
person entrusted
Lasciviousness Lasciviousness with
with the education or
[Art. 336] Consent
keeping of the
[Art. 339]
offended woman
seduced, a brother Circumstances under Which
seducing his sister, the Crime was Committed
or ascendant Committed under Committed under
seducing a circumstances circumstances
descendant. which, had there which, had there
been carnal been carnal
knowledge, would knowledge, would
c. Article 339 - Acts of Lasciviousness
amount to rape amount to either
with the Consent of the Offended qualified or simple
Party seduction
Offended Party
Elements:
Offended party is a Offended party
1. Offender commits acts of
female or male should only be
Lasciviousness or lewdness;
female
2. Acts are committed upon a woman who
is a virgin or single or widow of good
reputation, Under 18 yrs. of age but d. Article 340 - Corruption of Minors
over 12 yrs., or a sister or descendant, (as amended by BP Blg. 92)
regardless of her reputation or age;
and Punishable Act
3. Offender Accomplishes the acts by
Promoting or facilitating the prostitution or
abuse of authority, confidence,
corruption of persons underage below 18 years
relationship, or deceit.
old) to satisfy the lust of another.
"With the Consent of the Offended Party."
Note: It is not necessary that the unchaste acts
The offended woman may have consented to
shall have been done. A plain reading of Art.
the acts of lasciviousness being performed by
340 shows that what the law punishes is the act
the offender on her person, but the consent is
of a pimp who facilitates the corruption of, and
obtained by abuse of authority, confidence or
not the performance of unchaste acts upon the
relationship or by means of deceit.
minor.

Offended Party "To satisfy the lust of another."

Male cannot be the offended party under Art. Because of this phrase, one who casts for his
339; unlike Art. 336, it does not mention own ends does not incur the sanction of the
“persons of either sex” as the offended party. law. This conclusion may be inferred from the
text of the law itself (“[S]hall promote or
Circumstances for Seduction facilitate the prostitution or corruption of
It is necessary that it be committed under persons under age to satisfy the lust of
circumstances which would make it qualified or another”).
simple seduction had there been sexual
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Note: See also the Special Penal Laws conduct him
Reviewer for discussions on the R.A. 7610 or
Special Protection of Children Against Abuse, Note Also:
Exploitation and Discrimination Act, the Anti- Although
Child Pornography Act of 2009, and the Anti- beyond the
Trafficking in Persons Act of 2003, in relation June 30,
to this section. 2021 cut-off
for the 2022
e. Article 341 - White Slave Trade Bar Exams,
R.A. 11862 –
Acts Punishable: [BuPS] passed in
1. Engaging in Business of prostitution 2022 – has
2. Profiting by prostitution amended the
3. Enlisting the Services of women for the Anti-
purpose of prostitution. Trafficking in
Persons Act
Note: See also the Special Penal Laws of 2003, and
Reviewer for a discussion on the Anti- repealed this
Trafficking in Persons Act of 2003, in relation provision
to this section. [Art. 202,
Revised
Penal Code].
Corruption of Minors vs. White Slave
Consent of Women
Trade
Woman Committed With or
Corruption of Minors White Slave Trade
consented against her without
[Art. 340] [Art. 341]
since she is will woman’s
Minority of Victims the one consent
It is essential that the Victim need not be a habitually
victims are minors minor engaged in
Sex of Victims the act
May be of either sex Females
Profit 4. Chapter IV - Abduction
Not necessarily for Generally for profit
profit a. Article 342 - Forcible Abduction
Habituality
Committed by a Generally committed Elements: [WAL]
single act habitually 1. Person abducted is any Woman,
regardless of her age, civil status or
Prostitution vs. Slavery vs. White reputation;
Slave Trade 2. Abduction is Against her will; and
Prostitution Slavery White Slave 3. Abduction is with Lewd designs.
[Art. 202] [Art. 272] Trade
[Art. 341] Abduction
Offender The taking away of a woman from her house
or the place where she may be for the purpose
Prostitutes Anyone who Anyone who
of carrying her to another place with intent to
who, for purchases, engages in
marry or corrupt her [People v. Crisostomo,
money or sells, the business
G.R. No. L-19034, February 17, 1923].
profit, kidnaps or or profits by
habitually detains a prostitution
If Female is Under 12 years of age
indulge in human being or enlists
If the female abducted is under 12, the crime
sexual for the another for
is forcible abduction, even if she voluntarily
intercourse purpose of purpose of goes with her abductor. [Id.]
or lascivious enslaving prostitution
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Elements of Complex Crime of Forcible Abduction with Rape vs.
Forcible Abduction with Rape: Kidnapping with Rape vs. Corruption
1. Abductor had carnal knowledge of the of Minors
abducted women; and Forcible Kidnapping Corruption of
2. It is committed by: Abduction with Rape Minors
a. Using force or intimidation; or with Rape [Art. 267] [Art. 340]
b. When the woman is deprived of [Art. 342]
reason or otherwise
As to Purpose
unconscious or when the
woman is under 12 years of Purpose is to Purpose is toPurpose is to
age or is demented [People v. effect his deprive the lend the
Domingo, G.R. No. 225743 lewd designs victim of hisvictim to
(2017)]. on the victim liberty. illicit
intercourse
Note: Primary objective of the offender must with others
not be to commit rape [Id.] As to Classification
Crime Crime Crimes
Rules on Absorption against against against
1. Forcible abduction is absorbed by rape chastity liberty Chastity
– if main objective was to rape the victim
[People v. Godines, G.R. No. 93410 b. Article 343 - Consented Abduction
(1991)].
2. Attempted rape is absorbed by forcible
abduction – thus, there is no complex Elements: [VOCoL]
crime of forcible abduction with attempted 1. Offended party is a Virgin;
rape. [Id.] 2. She is Over 12 and under 18 yrs. of
3. Conviction of acts of lasciviousness is age;
not a bar to conviction of forcible 3. Offender takes her away with her
abduction [People v. Godines, G.R. No. Consent, after solicitation or cajolery
93410 (1991)]. from the offender;
4. Taking away is with Lewd designs.
Forcible Abduction vs. Grave
Note: When there was no solicitation or
Coercion vs. Serious Illegal Detention cajolery and no deceit and the girl voluntarily
Forcible Grave Serious went with the man, there is no crime committed
Abduction Coercion Illegal even if they had sexual intercourse [People v.
[Art. 342] [Art. 286] Detention Palisoc, 6 C.A. Rep. 65].
[Art. 267]
As to Existence of Lewd Design Complex Crime of Consented
With lewd Lewd design Lewd design Abduction with Rape
design is not an is not an When a 15-year-old girl was induced by the
element element accused to leave her home and later was
As to Deprivation of Liberty forcibly violated by him, the accused is guilty of
No There is There is the complex crime of consented abduction with
deprivation deprivation deprivation rape [People v. Amante, G.R. No. L-25604,
of liberty. of liberty. of liberty December 6, 1926].

Crimes against Chastity where Age

and Reputation are Immaterial:
[RAQF]
a. Rape [Art. 266-A];
b. Acts of lasciviousness against the will or
without the consent of the offended party
[Art. 336]
c. Qualified seduction of sister or descendant
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[Art. 337] c. Legal or judicial guardian; or
d. Forcible abduction [Art. 342] d. The state, as parens patriae when the
offended party dies or becomes
Crimes against Chastity where Age incapacitated before she could file the
complaint and she has no known
and Reputation is Material: [QS-LaCA]
parents, grandparents or guardians.
a. Qualified Seduction (of a virgin over 12
[Rules of Court, Rule 110, Sec. 5]
and under 18) [Art. 337]
b. Simple Seduction [Art. 338]
Note: The right to file the action shall be
c. Acts of Lasciviousness with the
exclusive of all other persons and shall be
Consent of the Offended Party [Art.
exercised successively in the order provided
339]
above [Rules of Court, Rule 110, Sec. 5].
d. Corruption of Minors [Art. 340]
e. Consented Abduction [Art. 343]
Rape May be Prosecuted de officio
Rape is now a crime against persons, which
5. Chapter V: Provisions may be prosecuted de officio. [RA No. 8353,
Relating to the Preceding Sec. 2]
Chapters of Title 11
Complex Crimes; Instituted by Public
Prosecutor
a. Article 344 - Prosecution of Private In case of complex crimes, where one of the
Offenses component offenses is a public crime, the
criminal prosecution may be instituted by the
How prosecuted: public prosecutor [People v. Yu, G.R. No. L-
a. Adultery and Concubinage - prosecuted 13780 (1961)].
upon the complaint signed by the offended
spouse. Effect of Marriage
1. Marriage of the offender with the
Criminal prosecution cannot be offended party in seduction, abduction,
instituted: acts of lasciviousness and rape,
1. Unless both guilty parties, if both are extinguishes criminal action or remits
alive, are included; or the penalty already imposed [Art. 344,
2. If offended party have consented or Revised Penal Code].
pardoned the offenders 2. It also extinguishes the criminal actions
against the co-principals, accomplices,
b. Seduction, Abduction and Acts of and accessories [Art. 344, Revised
Lasciviousness - prosecuted upon the Penal Code]
complaint signed by the offended party – 3. Marriage must be entered into in good
a. Even if a minor, or faith.
b. If of legal age and not incapacitated, only 4. Marriage may take place even after
she can file the complaint. criminal proceedings have
commenced, or even after conviction
Criminal prosecution cannot be (extinguishes criminal action and
instituted: remits penalty). [Art. 344(4), Revised
a. Unless instituted by the offended party or Penal Code]
her parents, grandparents, or guardian;
or Pardon
b. If offender has been expressly pardoned Pardon of the offenders by the offended party
by the above-named persons is a bar to prosecution for adultery or
concubinage [Art. 344, par. 2, Revised Penal
If a minor or incapacitated refuses to file, Code].
either of the next succeeding persons
may file: Pardon; How Given
a. Either of the parents; General Rule: May be express or implied
b. Either of the grandparents, maternal or Exception: Pardon must be express in
paternal; seduction, abduction, rape, or acts of
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CRIM2 CRIMINAL LAW
lasciviousness. [Art. 344(3), Revised Penal contributed in giving birth to the child.
Code].
Moral Damages
Condonation Moral damages may be recovered both by the
Condonation is forgiveness based upon the offended party and her parents. [People vs.
presumption and belief that the guilty party has Fontanilla, G.R. No. L-25354 (1968)]
repented. However, any act of infidelity to the
vows of marriage, subsequent to the c. Article 346 – Liability of
condonation constitutes a new offense [People Ascendants, Guardians, Teachers and
v. Engle and Price, 8 C.A., Rep. 495].
Other Persons Entrusted with the
A victim's express or implied forgiveness of an Custody of the Offended Party
offense, by treating the offender as if there had
been no offense. One spouse's express or Persons Liable:
implied forgiveness of a marital offense by 1. Persons who Cooperate as accomplices in
resuming marital life and sexual intimacy rape, seduction, abduction, etc.
[Black’s Law Dictionary, 9th ed.]. a. Ascendants
b. Guardians
b. Article 345: Civil Liability of c. Curators
Persons Guilty of Crimes Against d. Teachers, and
e. Any other persons, who cooperate as
Chastity accomplices with abuse of authority or
confidential relationship
Those Guilty of Rape, Seduction or 2. Teachers or persons entrusted with
Abduction shall: [IOS - AMDO] Education and guidance of the youth shall
1. Indemnify the offended woman be penalized with disqualification
2. Acknowledge the Offspring, unless the (temporary special disqualification to
law should prevent him from doing so perpetual special disqualification).
3. Support the offspring, except: 3. Any person falling within the Terms of this
a. In cases of Adultery and article, and any other person guilty of
Concubinage Corruption of minors for the benefit of
b. Where either of the offended another, shall be punished by special
party or accused is Married disqualification from filling the office of
c. When paternity cannot be guardian. [Art. 346]
Determined, such as in multiple
rape; and
Punished as Principals
d. Other instances where the law
The above-mentioned persons who act as
prevents such
accomplices in crimes against chastity (except
adultery and concubinage) shall be punished
Civil Liability of Adulterer and Concubine
as principals. [Art. 346, par. 1, Revised Penal
The adulterer and the concubine can be Code]
sentenced only to indemnify for damages
caused to the offended spouse.
● The article authorizes the imposition of
indemnity in cases of concubinage against
the concubine only, but not against the
guilty husband [People v. Ramirez, 63 O.G.
7939].
● The guilty wife in adultery cannot also be
sentenced to indemnify for damages
caused to the offended husband, the law
speaks of adulterer not adulteress.

All the Accused must Support the Offspring

All the accused must support the offspring
since any one of them may be the father and

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L. CRIMES AGAINST THE Note:
a. Object of the crime is the creation of false,
CIVIL STATUS OF PERSONS or the causing of loss of civil status.
b. Unlawful sale of a child by his father is not
[ARTS. 347 - 352] a crime under this article [US v. Capillo,
G.R. No. 9279 (1915)].
1. Chapter I: Simulation of Births
and Usurpation of Civil Status Meaning of “Abandon” in the context of
Art. 347
a. Article 347 - Simulation of Births, The practice of abandoning new-born infants
Substitution of One Child for Another, and very young children at the door of
hospitals, churches and other religious
and Concealment or Abandonment of institutions. It is leaving the child at a public
a Legitimate Child place where other people may find it and
causing the child to lose its civil status [U.S. v.
Punishable Acts [SimSuCo] Capillo, G.R. No. 9279, (1915)].
1. Simulation of births;
2. Substitution of one child for another; Other Persons Liable:
3. Concealing or abandoning any 1. The woman who simulates the birth
legitimate child with intent to cause and the one who furnishes the child are
such child to lose its civil status both responsible as principals.
2. A physician or surgeon or public officer,
Elements: who cooperates in the execution of
Mode 1: Mode 2: Mode 3: these crimes, is also liable if he acts in
Simulation of Substitution Concealing or violation of the duties of his profession
births of 1 child Abandoning or office. [Art. 347(3), Revised Penal
for another any legitimate Code]
child
1. Woman 1. A child of a 1. The child Abandonment in Art 347 v.
Pretends to couple is is Legitimate Abandoning a Minor in Art 246
be pregnant Exchanged Concealment or Abandoning a Minor
with a child Abandonment of a [Art. 346]
of another Legitimate Child
couple/ A [Art. 347]
living child is
placed in As to the Offender
place of Any person One who has the
another custody of the child
woman’s As to Intent
dead child To cause the child to To avoid obligation of
2. She is Not 2. The 2. The lose his civil status rearing and caring for
actually exchange is offender the child
pregnant Without the conceals or
knowledge Abandons
b. Article 348 - Usurpation of Civil
of the such child
respective Status
parents
3. She Takes 3. The Elements
another child offender has 1. A person Represents himself to be
as her own on the Intent to another
the day of cause such 2. He Assumes the filiation or the parental
supposed child to lose or conjugal rights of such another
delivery its civil status person; and
3. There is intent to Enjoy the rights
arising from the civil status of another.
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Qualifying Circumstance Validity of Marriage
The crime is qualified if the purpose is to 1. The fact that the first marriage is void
defraud the offended party or his heirs [Art. from the beginning is not a defense. As
348, Revised Penal Code]. with voidable marriage, there must be a
judicial declaration of nullity of marriage
Usurpation of Civil Status vs. Using before contracting the second marriage
Fictitious Name vs. Estafa by Deceit [Mercado v. Tan, G.R. No. 137110 (2000)].
Usurpation Using Estafa 2. Validity of second marriage is a
of Civil Fictitious [Art. 315] prejudicial question. The second
Status Name marriage must have all the essential
[Art. 348] [Art. 178] requisites for validity in such a way that it
As to Intent would have been valid were it not for the
Intent to Intent is to Intent is to subsistence of the first marriage. If the
enjoy conceal a defraud second marriage is void, there is no bigamy
rights crime, evade another [People v. De Lara, 51 OG 4079].
arising the execution (estafa by
from of a means of However, note that declaration of nullity of
another’s judgment, or deceit) the second marriage due to psychological
civil status cause incapacity is not a defense. Since a
must be damage to marriage contracted during the
present public interest subsistence of a valid marriage is
As to Necessity of Actual Damage automatically void, the nullity of the 2nd
marriage is not per se an argument to avoid
Damage not necessary Damage or
criminal liability [Tenebro v. CA, G.R. No
prejudice is
150758 (2004)].
necessary
Note: Although beyond the June 30, 2021
2. Chapter II: Illegal Marriages cut-off date for the 2022 Bar Exams, note
the landmark case of Pulido v. People,
a. Article 349 – Bigamy G.R. No. 220149, 27 July 2021, where the
Supreme Court held that the first or second
marriage may be collaterally attacked by a
Elements [LeNSEs]: person accused of Bigamy. Hence, the
1. Offender has been Legally married; validity of the first or second marriage may
2. Marriage has Not been legally already be a prejudicial question to bigamy.
dissolved or, in case his or her spouse The prior declaration of nullity of a marriage
is absent, the absent spouse could not is necessary only for purposes of
yet be presumed dead according to remarriage, but is not relevant in a bigamy
Civil Code case.
3. Offender contracts a Second or
subsequent marriage
4. The second or subsequent marriage
Effect of Divorce
has all the Essential requisites for When both spouses When one spouse is
validity. are Filipino Citizens an alien

Note: Bigamy does not apply to those married The divorce obtained The Filipino spouse
under the Muslim Code [PD 2083, Art 180]. from foreign courts is is capacitated to
not valid. A spouse remarry just as the
Causes Producing Legal Dissolution who remarries is still foreign spouse is.
liable for bigamy. [Art. 26, Family
of First Marriage
Code] Thus, after
1. Death of one of the contracting parties
One who contracts a obtaining a divorce,
2. Judicial declaration annulling a void
second marriage the Filipino spouse
marriage;
believing he was may contract a
3. Judicial decree annulling a voidable
lawfully divorced may second marriage
marriage
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be liable for bigamy without being liable As to Who should be Impleaded
through reckless for bigamy. The offending Both the guilty parties
imprudence [People spouse. The must be impleaded
v. Schneckenburger, second/subsequen (the offending spouse
G.R. No. 2457 t spouse is not and the other party).
(1938)]. necessarily liable
for the crime of
Bigamy and Concubinage bigamy and
One convicted of bigamy may also be whether he/she
prosecuted for concubinage as both are should be included
distinct offenses. The first is an offense against in the information
civil status, which may be prosecuted at the will be determined
instance of the state; the second is an offense by the fiscal
against chastity, and may be prosecuted only conducting the
at the instance of the offended party. preliminary
investigation.
[People v. Schneckenburger, G.R. No 48183
Persons Liable as Accomplices
(1941)]
If they have knowledge of the first marriage, the
following are liable as accomplices:
1. Second Spouse; and b. Article 350 - Marriage Contracted
2. Witness who falsely vouches for the against Provisions of Laws
capacity of the contracting parties.
Elements
Defense has Burden of Proof 1. Offender Contracted marriage; and
Once the prosecution has established that the 2. He Knew at the time that:
defendant was already married at the time he a. Requirements of the law were Not
contracted the second marriage, the burden of complied with; or
proof to show the dissolution of the first b. Marriage was in Disregard of a legal
marriage is on the defense. impediment.

Note: Offender must not also be guilty of

Prescription Period
bigamy.
Prescription commences not from the time of
commission but from the time of its discovery
by the complainant spouse. The rule of Qualifying Circumstance
constructive notice does not apply. The crime is qualified when the consent of the
other party was obtained through violence,
intimidation, or fraud [Art. 350].
Bigamy vs. Adultery and
Concubinage c. Article 351 - Premature Marriage
Bigamy Adultery/Concubinag (Repealed by RA No. 10655)
[Art. 349] e
Note: This provision has been repealed by RA
[Art. 333/Art. 334]
10655 (Act Repealing Art. 351 of the RPC),
As to Nature of the Offense thus decriminalizing the said article.
Public Offense, Private offense, crime
crime against against chastity d. Article 352 - Performance of Illegal
status Marriage Ceremony
As to Effect of Pardon
No effect Bars prosecution Elements
As to Who May Prosecute 1. Offender is Authorized to solemnize
At the instance of Only at the instance of marriages
the State; thus it is the offended party 2. He Performs or authorizes any illegal
immaterial who marriage ceremony
initiates the action.

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Persons Liable
The following can be held liable for performing
or authorizing any illegal marriage ceremony:
1. Priests or ministers of any religious
denomination or sect, or
2. Civil authorities

Note: If the offender is not so authorized to

solemnize marriages, he is liable under Art
177, Usurpation of Authority.

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M. CRIMES AGAINST exhibition, or any
similar means
HONOR [ARTS. 353 - 364] As to the Offended Party
Any person/s Government or any of
1. Chapter I – Libel its duly constituted
authorities
SECTION 1. Definition, Forms, And As to the Effect
Punishment of This Crime Injures the person's Disturbs public peace.
character, fame or
a. Article 353 - Libel reputation through
false and malicious
Note: Defamation is the proper term for libel as statements
used in Art. 353.
Elements under Art. 353:
Defamation - means the offense of injuring a 1. That there must be an Imputation of a
person's character, fame or reputation through crime, or of a vice or defect, real or
false and malicious statements [MVRS Pub. imaginary, or any act, omission, status or
Inc. vs. Islamic Da'wah Council of the Phils. circumstance;
Inc., G.R. No. 135306 (2003)].
Imputation covers:
Defamation Includes libel (written), slander a. Crime allegedly committed by offended
(oral), or slander by deed. party;
b. Vice or defect, real or imaginary of
Libel vs. Slander offended party; or
Libel Slander c. Any Act, omission, condition, status of, or
[Art. 355] [Art. 358] circumstance relating to the offended party.
Defamation Oral defamation Imputation of criminal intention is not
committed by means libelous.
of writing, printing, Intent to commit a crime is not a violation of
lithography, the law. This is more so, when it is a mere
engraving, radio, assertion or expression of opinion as to
phonograph, painting what will be the future conduct of another
or theatrical [People vs. Baja, C.A., 40 O.G., Supp. 5,
or cine-matographic 206].
exhibition, or any
similar means 2. Imputation was made Publicly;
Note: There is no Publication
distinction between Communication of the defamatory matter to
calumny, insult and some third person or persons [People vs.
libel. Atencio, G.R. No. 11353 (1954)].

Defamation vs. Seditious Libel Sending a Letter is Sufficient Publication

Libel Seditious Libel General Rule: Writing a letter to another
[Art. 355] [Art. 142 (3)] person other than the person defamed is
As to Acts Committed sufficient to constitute publication [Orfanel vs.
People, G.R. No. L-26877, (1969)].
Committed by means Committed by writing,
of writing, printing, publishing, or
circulating scurrilous Exception: Sending a letter in a sealed
lithography,
envelope through a messenger, is not
engraving, radio, libels
publication [Lopez vs. Delgado, G.R. No. L-
phonograph, painting
3499, (1907)].
or theatrical or cine-
matographic
3. Imputation was Malicious.
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Malice in Fact vs. Malice in Law 3. If the utterance is made against a
Malice in Fact Malice in Law number of people, designated by their
As to Proof Required common surname, not separately
mentioned, then there is only one
Proof of malice or ill Proof of malice is not offense [People vs. Aquinoc, 35 OG
will must be proved. required, because it 8844, (1966)].
Thus, it may be is presumed to exist 4. Imputation tends to cause Dishonor,
shown by proof of ill from the defamatory Discredit or Contempt of the person
will, hatred or imputation. defamed.
purpose to injure.
Presumption
Dishonor vs. Discredit vs. Contempt
Malice is not Presumed from a Dishonor Discredit Contempt
presumed since, it is defamatory
a positive desire or imputation. Disgrace, Loss of credit State of
an intention to annoy shame or or reputation, being
or endure. Exception: When ignominy disesteem despised
communication is
privileged, malice is Construction of Words
not presumed. 1. Meaning of the writer is immaterial;
As to Proof of Good Intention and what is taken into consideration is the
Justifiable Motive meaning that the words conveyed on
When malice in fact Upon proof of good the minds of persons of reasonable
is present, justifiable intention and understanding, discretion and candor,
motive cannot exist, justifiable motive, taking into consideration the
and the imputations even if the surrounding circumstances which were
become actionable. publication is known to the hearer or reader [People
injurious, the vs. Encarnacion, CA, 48 OG 1817].
presumption of 2. Words are to be construed in their
malice disappears. entirety and taken in their plain,
natural and ordinary meaning, as
they would naturally be understood by
4. Imputation was Directed to: persons reading them, unless it
a. Natural; or
appears that they were used and
b. Juridical person; or understood in another sense [Novicio
c. One who is Dead.
vs. Aggabao, G.R. No. 141332,
(2003)].
Identification of Offended Party Required
In order to maintain a libel suit, it is essential
that the victim be identifiable, although it is not b. Art. 354 – Requirement of Publicity
necessary that he be named [Corpus vs.
Cuarderno, Sr., G.R. No. L-16969, (1966)]. Presumption of Malice
General Rule: Every defamatory imputation is
When defamatory Statements are presumed to be malicious, even if it be true, if
addressed to a Number of People no good intention and justifiable motive for
making it is shown. [Art. 354(1), Revised Penal
General Rule: Defamatory remarks directed at Code]
a group of persons is not actionable.
Rebuttal of Presumption
Exceptions: Presumption of malice may be rebutted, if it is
1. Statements are sweeping or all- shown by the accused that:
embracing as to apply to every 1. Defamatory imputation is True, in case
individual in that group or class. [id.]; the law allows proof of the truth of the
2. Sufficiently specific so that each victim imputation;
is identifiable [Newsweek vs. IAC, G.R. 2. It is published with good Intention; and
No. L-63559, (1986)]. 3. There is a Justifiable motive for making
it.
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Exception: Malice is not presumed in in bad faith. Absolute Privileged
privileged communications. communication is specifically recognized in the
Constitution – it pertains to statements made in
Types of Privileged Communication official proceedings of Congress by members
thereof, as part of their parliamentary immunity
Privileged Requisites:
[Osmeña vs. Pendatum, 109 Phil, 863].
Communication
(PC)
PC 1: Private 1. The person who made Under PC 1: Private Communication
Communication the communication had Made to Another in the Performance
Made to a legal, moral or social of a Legal, Moral or Social Duty [Art.
Another in the Duty to make the 354 (1)]
Performance of communication, or, at
a Legal, Moral least, he had an interest 1. Accusation must be made in private
or Social Duty to be upheld; communication. Thus, in a case where
[DOF] the accused aired them in a public meeting
[Art. 354 (1)] 2. Communication is instead of making the accusations in
addressed to an Officer private, it is held that is not privileged
or a board, or superior, [People vs. Jaring, C.A., 40 O.G. 3683].
having some interest or
duty in the matter; and Note: Unnecessary publicity destroys good
faith [People vs. Cruz, 40 O.G., Supp. 11, 15].
3. The statements in the
communication are 2. Communication may also be in a public
made in good Faith document [People vs. Cantos, 51 O.G.
without malice (in fact). 2995].
PC 2: Fair and 1. It is a fair and true
true report of Report of a judicial, 3. That the statement is a privileged
Official legislative, or other communication is a matter of defense -
Proceedings official proceedings A privileged communication is a matter of
[RFC] which are not of defense and, like all other matters of
[Art. 354 (2)] confidential nature, or of defense, must be established by the
a statement, report or accused.
speech delivered in said
proceedings, or of any Exception: When in the information itself it
other act performed by a appears that the communication alleged to
public officer in the be libelous is contained in an appropriate
exercise of his functions; pleading in a court proceeding, the
privilege becomes at once apparent and
2. It is made in good defendant need not wait until the trial and
Faith; and produce evidence before he can raise the
question of privilege [People vs. Andres,
G.R. No. L- 14548, (1960)].
3. It is without any
Comments or remarks.
4. Defense may be overcome when the
prosecution shows that: [MT]
Actionable Privileged Communication a. Defendant acted with Malice in fact; or
General Rule: The fact that a communication b. There is no reasonable ground for
is privileged does not mean that it is not believing the charge to be True.
actionable; the privileged character simply
does away with the presumption of malice, Under PC 2: Fair and True Report of
which the plaintiff has to prove in such a case
Official Proceedings [Art. 354(2)]
[Lu Chu Siong vs. Lu Tian Chong, G.R. No. L-
122, (1946)].
1. Communication must be pertinent and
material to the subject matter. It does not
Exception: Absolute Privileged
Communication is not actionable even if made
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protect any unnecessary defamation [Malit functions may constitute libel [People vs. Del
v. People, G.R. No. L-58681 (1982)]. Fierro, G.R. No. 3599-R, (1950)].

2. Only matters "which are not of Note: In a case, it was held that the actuations
confidential nature" may be published - of a public official which were stated in the
when the court, in any special case, has articles impugned, referred to matters of public
forbidden the publication of certain records interest which the citizenry ought to know and
in the interest of morality or decency the thus were within the purview of qualified
same should not be published. privileged communication. After all, the public
official is subject to a closer scrutiny by
Note: Privilege has been strictly limited to members of the media, who act as sentinels of
cases in which the right of access is secured the public. Once the privileged character is
by law [U.S. vs. Santos, 33 Phil. 533]. established, the prosecutor has to prove actual
malice, i.e., "with knowledge that it was false or
Enumeration under Art. 354 is Not an with reckless disregard of whether it was false
Exclusive List of Qualifiedly Privileged or not." Thus, even if the imputations involved
Communication misconduct through an alleged affair with a
It is rendered more expansive by the married woman, such was held to be within the
Constitutional guarantee of freedom of the purview of qualified privileged communication.
press [Borja vs. CA, G.R. No. 126466, (1999)]. The articles, read as a whole, indicate the
1. Doctrine of Fair Comment - while in official’s alleged use of connections to stay in
general every discreditable imputation position and conceal his misconduct. They
publicly made is deemed false, because were written to end his purported abuse of
every man is presumed innocent until his public position [Tulfo v. People, G.R. No.
guilt is judicially proved, and every false 187113, Jan. 11, 2021].
imputation is deemed malicious,
nevertheless, when the discreditable Criticism vs. Defamation
imputation is directed against a public
Criticism Defamation
person in his public capacity, it is not
[Art. 353]
necessarily actionable [Borja vs. CA, id.].
2. Statements made in self defense or in Deals only with such Follows a public
mutual controversy are often privileged things as shall invite officer into his
[People vs. Baja, CA, 40 OG] public attention or call private life which
3. The person libeled is justified to hit back for public comment has no connection
with another libel [People vs. Chua with his
Hiong, CA, 51 O.G. 1932]. performance of his
public duties, and
General Rule: The defamatory statements falsely charges him
made by the accused must be a fair answer with evil motives,
to the libel made by the supposed offended clearly designed to
party and must be related to the imputation destroy his
made [People vs. Pelayo, Jr., 64 O.G. reputation or
1994]. besmirch his name.
c. Art. 355 – Libel by Means of
Defamatory Remarks against Public Writings or Similar Means
Officers
General Rule: Defamatory remarks and Libel is Committed by Means of:
comments on the conduct or acts of public 1. Writing;
officers which are related to the discharge of 2. Engraving;
their official duties will not constitute libel if the 3. Theatrical exhibition
defendant proves the truth of the imputation 4. Cinematographic exhibition;
[People vs. Velasco, CA, 40 O.G. 3694]. 5. Any similar means;
6. Printing;
Exception: Any attack upon the private 7. Phonograph;
character of the public officer on matters which 8. Painting;
are not related to the discharge of their official 9. Lithography; or
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10. Radio Light Threats vs. Threatening to
Publish or Prevent Publication
The word "radio" should be considered in
Threatening to
relation to the terms with which it is associated,
Light Threats Publish or Prevent
all of which have a common characteristic,
[Art. 283] Publication
namely, their permanent nature as a means of
[Art. 356]
publication. Thus, defaming through an
amplifier constitutes the crime of oral As to the Act Committed
defamation or Slander under Art. 358 [People Offender threatens 1. Threatens another to
vs. Santiago, G.R. No. L-17763]. another to commit publish a libel; or
an act which does 2. Offering to prevent a
Similarly, although the medium of television is not amount to a publication of a libel
not expressly mentioned, it easily qualifies crime
under the general provision "or any similar As to Demand for Money
means" [People vs. Casten, et al., CA-G.R. No. Demand for money Demanding money or
07924-CR (1974)]. or imposition of any asking for monetary
condition is an compensation is
Libelous Remarks in the Heat of essential element essential in Mode 2
Passion; Considered Threat not Libel (Offer to Prevent).
In such case, the offense committed is clearly
and principally that of threats; the statements e. Art. 357 – Prohibited Publication of
derogatory to a person named do not constitute
Acts Referred to in the Course of
an independent crime of libel [People vs.
Yebra, G.R. No. L-14348, (1960)]. Official Proceedings

d. Art. 356 – Threatening to Publish Elements: [REMPO]

1. Offender is a:
and Offer to Prevent such Publication
a. Reporter;
for a Compensation b. Editor; or
c. Manager of a newspaper daily or
Punishable Acts: magazine.
1. Threatening another to publish a libel 2. He publishes facts connected with the
concerning him, or his parents, spouse, Private life of another; and
child, or other members of his family. 3. Such facts are Offensive to the honor,
2. Offering to Prevent the publication of virtue and reputation of said person.
such libel for compensation, or money
consideration. Note: Prohibition applies even if such
publication is made in connection with or under
Note: Acts under this article may be known as the pretext that it is necessary in the narration
blackmail [U.S. vs. Eguia, et al., 38 Phil. 857]. of any judicial or administrative or judicial
proceeding.
Blackmail
May be defined as any unlawful extortion of Art. 357 constitutes the so-called "Gag
money by threats of accusation or exposure. Law."
Two words are expressive of the crime —hush Newspaper reports on cases pertaining to
money. [Id.] adultery, divorce, issues about the legitimacy
of children, etc., will necessarily be barred from
Felonies Wherein Blackmail is Possible: publication.
1. Light threats. [Art. 283]
2. Threatening to publish, or offering to Revelation of Source of News
prevent the publication of, a libel for General Rule: The publisher, editor, columnist
compensation. [Art. 356, Revised or duly accredited reporter of any newspaper,
Penal Code] magazine or periodical of general circulation
cannot be compelled to reveal the source of
any news report or information appearing in
said publication [Sec. 1, RA 1477]
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Exception: When the court or a House or Kinds of Slander by Deed:
committee of Congress finds that such 1. Simple slander by deed, and
revelation is demanded by the security of the 2. Grave slander by deed (of a serious
State. [Id.] nature). [Id.]

f. Art. 358 – Slander Note: Gravity is affected by the social standing

of the offended party, the circumstances under
Slander (Oral Defamation) which the act was committed, the occasion,
Libel committed by oral or speaking of base etc. [Id.]
and defamatory words which tend to prejudice
another in his reputation, office, trade, Examples of Slander by Deed
business or means of livelihood [Villanueva vs. 1. Slapping the face of another -
People, G.R. No. 150351, (2006)]. slander by deed if the intention of the
accused is to cause shame and
Note: Slander need not be heard by the humiliation [People vs. Delfin, G.R.
offended party. There is oral defamation, Nos. L-15230 & L-15979-81, (1961)].
even if other persons and not the offended 2. Pointing “dirty finger” or flipping off
party heard the slanderous words, because a someone is simple slander by deed
person's reputation is the estimate in which - the act connotes the phrase "Fuck
others hold him [People v. Clarin, C.A., 37 O.G. You," which is similar to the expression
1106]. "Puta" or "Putang Ina mo," in local
parlance. While it may have cast
Kinds of Oral Defamation: dishonor, discredit or contempt, said
1. Simple slander act is not of a serious nature
2. Grave slander (when it is of a serious [Villanueva vs. People, G.R. No.
and insulting nature) [Villanueva vs. 160351, (2006)].
People, G.R. No. 150351, (2006)].
Maltreatment by Deed vs. Slander by
Factors Affecting Gravity of Slander: Deed
1. Expressions used Maltreatment by
2. Personal relations of the accused and the Slander by Deed
Deed
offended party [Art. 356]
[Art. 286]
3. Circumstances surrounding the case; and As to the Act Punished
4. Social Standing and position of the
Ill-treatment of Any act performed
offending party [Id.]
another by deed, on another, not being
without causing any included in any other
“Putang ina mo” is a common expression
Injury crime of honor, in the
The words, "Agustin, putang ina mo" is a
presence of others,
common expression in the dialect that is often
employed not really to slander but rather to Ex. Slapping of face which dishonors,
express anger or displeasure. It is seldom, if without intent to discredits or causes
cause dishonor contempt to another
ever, taken in its literal sense [Reyes vs.
party.
People, G.R. No. L-21528 (1969)].
Ex. Slapping with
g. Art. 359 – Slander by Deed intent to cause
dishonor
Elements: As to Humiliation/Shame
1. Offender performs any act Not included Suffering of shame Offended party
in any other crime against honor. or humiliation is not suffered from shame
2. Such act is performed in the Presence required. or humiliation
of other person or persons. caused by the
3. Such act casts Dishonor, Discredit or maltreatment.
Contempt upon the offended party.
[Art. 359, Revised Penal Code] As to Intent to Dishonor
Not Required Required
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Unjust Vexation vs. Acts of any way participate in or have
Lasciviousness vs. Slander by Deed connection with its publication. [See
Unjust Art. 360, Revised Penal Code]
Acts of Slander by
Vexation Lasciviousness Deed
[Art. 287] Venue [Art. 360(3), Revised Penal Code]
[Art. 336] [Art. 356]
The criminal and civil actions for damages in
As to the Act Punished case of written defamations shall be filed
Act which The commission Any act simultaneously or separately with the RTC of
does not of a lewd act to a performed the province or city:
produce person of either on another, 1. Where the libelous article is Printed
material sex with force, or not being and first published; or
physical deprivation of included in 2. Where any of the offended parties
harm, but reason or any other actually Resides at the time of the
unjustly fraudulent crime of commission of the offense.
annoys or machination or honor, in the
vexes when the victim presence of Venue when Party is a Public Officer
another. is under 12 others,
vs. Private Individual
years. which
dishonors, Private
Public Officer
discredits or Individual
causes 1. If officer holds his office Action shall be
contempt to in the City of Manila – the filed before:
another action shall be filed before: 1. CFI of the
party. a. CFI of the City of province or city
As to Intent Manila; or where he
b. City or province actually
To annoy To commit a To humiliate
where the libelous resides at the
or vex. lewd act; no or dishonor.
article is printed time of the
intent to have
and first published. commission of
sexual
the offense; or
intercourse.
2. If the public officer does
not hold office in the City of 2. Where the
Note: Kissing a girl in public and touching her
Manila – the action shall libelous matter
breast without lewd designs, committed by a
be filed before: is printed and
rejected suitor to cast dishonor on the girl was
a. CFI of the first published.
held to be slander by deed and not acts of
province or city [Art. 360 (3),
lasciviousness [People vs. Valencia, CA-G.R.
where he held Revised Penal
No. 4136-R, (1950)].
office at the time of Code]
commission of the
SECTION 2. General Provisions offense; or
b. Where the
h. Art. 360 – Persons Responsible for libelous article is
Libel printed and first
published. [Art.
360 (3), Revised
Persons Liable: [PEMO]
Penal Code]
1. Person who Publishes, exhibits or
causes the publication or exhibition of
any defamation in writing or similar Note: Civil action shall be filed in the same
means. court where the criminal action is filed and vice
2. Author or Editor of a book or pamphlet. versa. Moreover, the court where the criminal
3. Editor or business Manager of a daily action or civil action for damages is first filed
newspaper, magazine or serial shall acquire jurisdiction to the exclusion of
publication. other courts [Art. 360(3), Revised Penal Code].
4. Owner of the printing plant which
publishes a libelous article with his
consent and all other persons who in
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i. Art. 361 – Proof of Truth 2. Whether the offended party is a private
individual or a public officer.
Proof of Truth is admissible in any of the 3. When the offended party is a
following instances: Government employee, even if the act
1. When the act or omission imputed or omission imputed does not
constitutes a Crime regardless of constitute a crime, provided, it is
related to the discharge of his official
duties.

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Requisites to be Considered as 2. Chapter II – Incriminatory
Defense in Defamation. Machinations
Under Art. 361 (1), proof of the truth is not
enough, it must also be proven that:
1. The matter charged as libelous is True; a. Art. 363 – Incriminating Innocent
2. It was published with good Motives; Persons
and
3. It was published for Justifiable ends Elements: [PIIN]
[Art. 361, Revised Penal Code] 1. Offender Performs an act;
2. By such act he directly Incriminates or
imputes to an Innocent person the
Mitigation of Damages
commission of a crime; and
Damages may be mitigated when:
3. Such act does Not constitute perjury.
1. There is a retraction published, which must
contain an admission of the falsity of the
Note: This article is limited to “planting”
libelous publication and evince a desire to
evidence and the like, which tends to cause
repair the wrong occasioned thereby
false prosecution [People v. Rivera, G.R. Nos.
[Sotelo Matti v. Bulletin Publishing, G.R.
L-38215-16 (1933)].
No. L-11202, (1918)].
2. That the publication of the article was an
The two offenses form a complex crime, as the
honest mistake is not a complete defense
two acts imputed to the accused had closely
but serves only to mitigate damages where
followed each other, and that the former was a
the article is libelous per se. [Phee vs. La
necessary means to commit the latter, which is
Vanguardia, 45 Phil. 211]
only one crime [People v. Alagao, et al., G.R.
No. L-20721 (1966)].
Direct Evidence
The proof of the truth of the accusation cannot
b. Art. 364 – Intriguing Against Honor
be made to rest upon mere hearsay, rumors or
suspicion. It must rest upon positive, direct
Elements: [IB]
evidence upon which a definite finding may be
1. Offender makes an Intrigue; and
made by the Court [U.S. vs. Sotto, G.R. No.
2. Principal purpose of such intrigue is
13990, (1918)].
Blemishing the honor or reputation of
another.
j. Art. 362 – Libelous Remarks
Intriguing Against Honor
Libelous remarks or comments connected with Any scheme or plot designed to blemish the
the matter privileged under the provisions of reputation of a person by means which consist
Article 354 (Requirement for Publicity), if made of some trickery.
with malice, shall not exempt the author thereof • Akin to slander by deed, in that the
nor the editor or managing editor of a offender does not avail directly of
newspaper from criminal liability. [Art. 362, written or spoken words, pictures or
Revised Penal Code] caricatures to ridicule his victim but of
some ingenious, crafty and secret plot,
Example: The author or the editor of a producing the same effect [People v.
publication who distorts, mutilates or discolors Fontanilla, C.A., 56 O.G. 193].
the official proceedings reported by him, or add
comments thereon to cast aspersion on the
character of the parties concerned, is guilty of
libel, notwithstanding the fact that the
defamatory matter is published in connection
with a privileged matter [Dorr v. U.S., 11 Phil.
706].

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Incriminating Innocent Persons vs. Perjury by Making False Accusation
Intriguing
Incriminating Perjury by Making Defamation Slander
Against
Against Persons False Accusations [Art. 353] [Art. 358]
Honor
[Art. 363] [Art. 183]
[Art. 364]

Gravamen of the Offense

Offender Offender directly False imputation is Imputation made must be public and
makes an incriminates or made before a malicious, and calculated to cause the
intrigue to imputes to an competent person dishonor, discredit or contempt of the
blemish the innocent person authorized to aggrieved party.
honor or the commission of administer an oath, in
reputation of a crime, but does cases in which the law
another not avail himself of requires.
written or spoken
words in
besmirching the
victim's reputation.

As to the Manner of Commission

Consists of Limited to the act of Involves giving of Involves the Oral or spoken
some tricky planting evidence false statement under imputation of a imputation of a
and secret and the like, in oath or the making of crime, or a vice or crime, or a vice or
plot. order to incriminate a false affidavit, defect, real or defect, real or
an innocent imputing to a person imaginary, or any imaginary, or any
person. the commission of a act or omission or act or omission or
crime. status. status

As to the Source of Derogatory Remarks

Source Source can be determined

cannot be
determined

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N. QUASI-OFFENSES Reckless vs. Simple Imprudence
Reckless Imprudence Simple
Imprudence
a. Art. 365 – Criminal Negligence
1. Offender does or Fails 1. There is lack
to do an act; of Precaution
Punishable Acts: 2. The doing of or the displayed by
1. Committing through Reckless failure to do that act is the offender;
imprudence any act which, had it been Voluntary; 2. Damage
intentional, would constitute a grave or 3. It was without Malice; impending to
less grave felony or light felony. 4. Material Damage be caused is
2. Committing through Simple results. Not
imprudence or negligence an act which 5. There is inexcusable immediate
would otherwise have constituted a lack of Precaution on nor is the
grave or a less serious felony. the part of the offender, danger
3. Causing damage to the Property of taking into clearly
another through reckless imprudence consideration his: manifest.
or simple imprudence or negligence. [EDO]
4. Causing through simple imprudence or a. Employment or
negligence some wrong which, if done occupation;
maliciously, would have constituted a b. Degree of
light Felony. [Art. 365, Revised Penal intelligence,
Code] physical condition;
and
Note: Imprudence or negligence is not a crime c. Other
in itself; it is simply a way of committing a crime. circumstances
regarding persons,
Qualifying Circumstance time and place.
Failing to lend help is a qualifying [Art. 365, Revised Penal Code]
circumstance. [Art. 365, RPC]
Note: There must be injury to person/s or
Imprudence vs. Negligence damage to property as a result of the
Reckless imprudence, since “material damage results”
Simple Imprudence from it. [Id.]
Imprudence
As to the Nature of the Action
Test of Negligence – Picart Test
Deficiency of action Deficiency of
Would a prudent man, in the position of the
or failure in perception or failure in
person to whom negligence is attributed,
precaution advertence
foresee harm to the person injured as a
To Avoid the Wrongful Acts reasonable consequence of the course about
By taking the By paying proper to be pursued? If so, the law imposes a duty on
necessary attention and using the actor to refrain from that course or to take
precaution once due diligence in precaution against its mischievous results, and
they are foreseen. foreseeing them. the failure to do so constitutes negligence
As to Effect [Picart vs. Smith, G.R. No. L-12219, (1918)].
Both are merely means of committing a crime,
thus are not crimes in themselves. Concurrent Negligence
[Ivler v. Modesto-San Pedro, G.R. No. 172716, Where the concurrent or successive negligent
Nov. 17, 2010, 635 SCRA 19] acts or omission of two or more persons,
although acting independently of each other
are, in combination, the direct and proximate
cause of a single injury to a third person, and it
is impossible to determine in what proportion
each contributed to the injury, either is
responsible for the whole injury, even though

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his act alone might not have caused the entire provided in the first 2 paragraphs of Art.
injury [PNCC v. CA, G.R. No. 159270 (2005)]. 365;
2. When by imprudence or negligence
Emergency Rule and with violation of the Automobile
An automobile driver who, by the negligence of Law, the death of a person shall be
another and not by his own negligence, is caused.
suddenly placed in an emergency and
compelled to act instantly to avoid a collision or The following provisions do not apply to
injury is not guilty of negligence if he makes acts penalized under Art. 365:
such a choice which a person of ordinary 1. Art. 64; Art. 64 relative to mitigating
prudence placed in such a position might make and aggravating circumstances is not
even though he did not make the wisest choice applicable to crimes committed through
[Engada v. CA, G.R. No. 140698 (2003)]. negligence. [People vs. Medroso, Jr.,
G.R. No. L-37633, (1975)]
2. Art. 48; Art. 48 is a procedural device
Requisites for the Emergency Rule to allowing single prosecution of multiple
Apply: felonies meanwhile Art. 365 is a
substantive rule penalizing not an act
The situation must be: [SDN] defined as a felony but "the mental
1. Sudden and unexpected; attitude behind the act, the dangerous
2. Deprive him of all opportunity for recklessness, lack of care or foresight”.
deliberation; and There is a single mental attitude
3. It must be such that the actor must regardless of the resulting
have No knowledge that unusual consequences. Thus, Art. 365 was
consequences may result from his act crafted as one quasi-crime resulting in
[Id.] one or more consequences.

Reckless Imprudence is a Single Note: Contributory negligence is not a defense

Crime but only mitigates criminal liability.
Its consequences on persons and property are
material only to determine the penalty, thus The defense of contributory negligence does
prior conviction or acquittal of reckless not apply in criminal cases through reckless
imprudence bars subsequent prosecution for imprudence, since one cannot allege the
the same quasi-offense [Ivler vs. Modestor- negligence of another to evade the effects of
San Pedro, G.R. No. 172716 (2010)]. his own negligence. [Genobiagon v. Court of
Appeals, G.R. No. 40452 (1989)]
Penalties provided in Art. 365 are not
applicable in the following cases: [PA]
1. When the Penalty provided for the
offense is equal to or lower than those

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CRIMINAL LAW
SPECIAL PENAL LAWS CRIMINAL LAW
• Conspiracy to commit any form
I. ANTI-CHILD of child pornography shall be
PORNOGRAPHY ACT committed when two (2) or
more persons come to an
OF 2009 [SECS. 3 (A- agreement concerning the
C), 4 AND 5, R.A. 9775] commission of any of the said
prohibited acts and decide to
Child Pornography commit it;
Any representation, whether visual, audio, or 13. Possession
written combination thereof, by electronic, • No need for intent to sell,
mechanical, digital, optical, magnetic or any distribute, publish, or broadcast
other means, of child engaged or involved in
real or simulated explicit sexual activities [Sec.
3(b), R.A. 9775]
Definition of Child
1. Person below 18 years old
2. Person over 18 years old but unable to
Acts penalized by R.A. 9775 fully take care of himself/herself from
1. Hiring, employing, using, persuading, abuse, neglect, cruelty, exploitation or
inducing or coercing a child to perform discrimination because of a physical or
in the creation or production of any mental disability or condition
form of child pornography 3. Person, regardless of age, who is
2. Producing, directing, manufacturing, or presented, depicted or portrayed as a
creating child
3. Publinshing, offering, transmitting, 4. Computer-generated, digitally or
selling, distributing, broadcasting, manually crafted images or graphics of
advertising, promoting, esporing, or a person who is represented or who is
importing child pornography made to appear to be a child
4. Possession with intent to sell,
distribute, publish, or broadcast
Explicit Sexual activity
• Possession of 3 of more
Acts may be actual or simulated
articles of the same form
1. Sexual intercourse
constitute prima facie evidence
• contact involving genital to
of intent
genital, oral to genital, anal to
5. Knowingly, willfully and intentionally
genital, or oral to anal
provide a venue for the commission of
prohibited acts • whether between persons of
6. Such as dens, private rooms, cubicles, the same or opposite sex
cinemas, houses or in establishments 2. Bestiality
purporting to be a legitimate business 3. Masturbation
7. For film distributors, theaters and 4. Sadistic or Masochistic Abuse
telecommunication companies] 5. Lascivious exhibition of the genitals,
Distribution of any form buttocks, breasts, pubic area and/or
8. [For parent, legal guardian or person anus; or
with custody or control of child] 6. Use of any object or instrument for
Knowingly permitting the child to lascivious acts
engage, participate, assist in any form
of child pornography Syndicated Child Pornography
9. Engage in the luring or grooming of Committed by 3 or more persons conspiring or
child confederating with one another.
10. Engage in pandering of any form of
child pornography
11. Wilfully access any form of child
pornography
12. Conspiracy to commit any of these
prohibtied acts

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II. ANTI-FENCING LAW OF Note: In such cases, the
penalty shall be termed
1979 [SECS. 2 TO 6, P.D. reclusion temporal and the
1612] accessory penalty
pertaining thereto provided
in the Revised Penal Code
Fencing shall also be imposed.
Act of any person who, with intent to gain for
himself or for another, shall buy, receive, in its medium and
possess, keep, acquire, conceal, sell or maximum, if the value of
dispose of, or shall buy and sell, or in any other the property robbed or
manner deal in any article, item, object or stolen is more than 6,000
anything of value which he knows, or should be pesos but not exceeding
known to him, to have been derived from the Prision 12,000 pesos.
proceeds of the crime of robbery or theft. [Sec. correccional
2, PD 1612] in its minimum and medium
periods, if the value of the
Fence property involved is more
Any person, firm, association corporation or than 200 pesos but not
partnership or other organization who/which exceeding 6,000 pesos.
commits the act of fencing. [Sec. 2, PD 1612]
in its medium period to
prision correccional in its
Liability of Officials of Juridical minimum period, if the
Persons. value of the property
If the fence is a partnership, firm, corporation or involved is over 50 pesos
association, the president or the manager or but not exceeding 200
any officer thereof who knows or should have pesos.
known the commission of the offense shall be Arresto
liable. [Sec. 4, PD 1612] mayor in its medium period if such
value is over five (5) pesos
but not exceeding 50
Presumption of Fencing pesos.
Mere possession of any good, article, item,
object, or anything of value which has been the in its minimum period if
subject of robbery or thievery shall be prima such value does not
facie evidence of fencing. [Sec. 5, PD 1612] exceed 5 pesos.

Penalty [Sec. Condition Clearance / Permit to Sell / Used Second

3, PD 1612] Hand Articles.
All stores, establishments or entities dealing in
if the value of the property the buy and sell of any good, article item, object
involved is more than of anything of value obtained from an
12,000 pesos but not unlicensed dealer or supplier thereof, shall
exceeding 22,000 pesos before offering the same for sale to the public,
secure the necessary clearance or permit from
In its maximum, if the value the station commander of the Integrated
of such property exceeds National Police in the town or city where such
Prision mayor 22,000 adding one year for store, establishment or entity is located. [Sec.
each additional 10,000 6, PD 1612]
pesos
Any person who fails to secure the clearance
BUT the total penalty shall or permit required by this section or who
not exceed twenty years violates any of the provisions of the rules and
regulations promulgated thereunder shall upon

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conviction be punished as a fence. [Sec. 6, PD
Degrees of Participation of Fence /
1612]
Accused

Fencing v. Theft Liable as Principal of the Liable as an

The crimes of robbery and theft, on the one Crime of Fencing Accessory
hand, and fencing, on the other, are separate under Art. 19. of
and distinct offenses. The state may thus the Crime of
choose to prosecute [the accused] either under Theft
the Revised Penal Code or P.D. No. 1612,
although the preference for the latter would
seem inevitable considering that fencing is a
malum prohibitum, and P.D. No. 1612 creates
a presumption of fencing and prescribes a
higher penalty based on the value of the
property [Dizon-Pamintuan v. People, 234
SCRA 63 (1994)].

Fencing [PD 1612] Theft

Mala prohibita - intent not Mala in se

required

Dolo is not required in

crimes punished by a
special statute like the
Anti-Fencing Law of 1979
[Lim v. Court of Appeals,
G.R. No. 100311, (1993)]

As to act punished

Buying, receiving, Taking of

possessing, keeping, personal
acquiring, concealing, property of
selling, disposing, or another without
dealing in any other the latter’s
manner anything of value consent
which he knows, or
should be known to him, with intent to
to have been derived from
gain but without
the proceeds of the crime
violence
of robbery or theft against, or
intimidation of,
with intent to gain for persons nor
himself or for another force upon
things

Presumptions

Presumption of fencing - None.

mere possession of an
object or anything of value
which has been the
subject of thievery or
robbery
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III. ANTI-GRAFT AND 2. Private individuals
Any person having family or close personal
CORRUPT PRACTICES ACT relation with any public official. Family relation
shall include the spouse or relatives by
[R.A. 3019, AS AMENDED consanguinity or affinity in the third civil degree.
BY R.A. 3047, P.D. 677, P.D. The word "close personal relation" shall include
close personal friendship, social and fraternal
1288, B.P. BLG. 195 AND connections, and professional employment all
R.A. 10910] giving rise to intimacy which assures free
access to such public officer [Sec. 4].
OFFENDERS COVERED BY R.A. 3. Relatives
3019 The spouse or any relative, by consanguinity or
1. Public Officers affinity, within the third civil degree, of the
Elective and appointive officials and President of the Philippines, the Vice-President
employees, permanent or temporary, whether of the Philippines, the President of the Senate,
in the classified or unclassified or exempt or the Speaker of the House of
service receiving compensation, even nominal, Representatives
from the government as defined in the
preceding subparagraph [Sec. 3(b), R.A. No.
3019]. CORRUPT PRACTICES
PENALIZED
1. Persuading, inducing, or influencing
Definition of Public Officer
another officer to commit violation [Sec.
3a]:
Sec. 3(b), R.A. No. Art. 203, RPC 2 acts punished:
3019 a. Persuading, inducing or influencing
another public officer to perform an act
Elective and Public officer by constituting a violation of rules and
appointive officials direct provision of regulations duly promulgated by
and employees, the law, popular competent authority or an offense in
permanent or election, or connection with the official duties of the
temporary, whether appointment by latter
in the classified or competent authority b. Allowing himself to be persuaded,
unclassified or He/she takes part in induced, or influenced to commit such
exempt service the performance of violation or offense
receiving public functions in
compensation, even the Government of 2. Requesting gifts in connection with
nominal the Philippine contract or transaction [Sec. 3(b)]
Islands or performs Directly or indirectly requesting or
in said Government receiving any gift, present, share,
or in any of its percentage, or benefit, for himself or for
branches public any other person, in connection with
duties as an any contract or transaction between the
employee, agent or Government and any other party,
subordinate official, wherein the public officer in his official
of any rank or class capacity has to intervene under the
law.
The definition of public officer under R.A. No.
3019 is broader because it also includes
whether permanent or temporary, or whether in
the classified, unclassified, or exempt service,
and even those who receive nominal
compensation.

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Direct Bribery v. Sec. 3 (b) of R.A. 3019 person for whom the public officer, in any
[Merencillo v. People, G.R. No. 142369-70 manner or capacity, has secured or obtained,
(2007)] or will secure or obtain, any Government permit
Sec. 3 (b), Direct or license, in consideration for the help given or
R.A. 3019 Bribery to be given, without prejudice to Section
[Art. 210, thirteen of this Act.
RPC]
As to Mere request Acceptance 4. Accepting employment in enterprise with
Promise or or demand of of a promise pending business with him [Sec. 3(d)]
Gift a gift, or offer or Accepting or having any member of his family
present, receipt of a accept employment in a private enterprise
share, gift or which has pending official business with him
percentage, present is during the pendency thereof or within one year
or benefit is required. after its termination.
enough.
As to Limited to Wider and 5. Causing any undue injury to any party
Scope contracts or more [Sec. 3(e)]
transactions general Causing any undue injury to any party including
involving scope: the Government, or giving any private party any
monetary 1. Perfor- unwarranted benefits, advantage or preference
consideration mance of an in the discharge of his official administrative or
where the act judicial functions through manifest partiality,
public officer constituting evident bad faith or gross inexcusable
has the a crime; negligence.
authority to 2. Execution
intervene of an unjust This provision shall apply to officers and
under the act which employees of offices or government
law. does not corporations charged with the grant of licenses
constitute a or permits or other concessions.
crime; and
3. Agreeing
to refrain or 3 modes of committing a violation under
refraining Section 3 (e)
from doing [Sison v. People, G.R. Nos. 170339,
an act which 170398-403 (2010)]
is his official
duty to do. 1. Manifest Partiality is synonymous with
partiality "bias" which "excites a
Preliminary investigation is not considered as a disposition to see and report
contract or transaction within the purview of matters as they are wished
Sec. 3(b) RA 3019 [Lauro Soriano, Jr. v. for rather than as they are."
Sandiganbayan, G.R. No. L-65952 (1984)]. [Sison v. People, supra]

2. Evident Bad faith does not simply

The provision refers to a public officer whose
Bad Faith connote bad judgment or
official intervention is required by law in a negligence; it imputes a
contract or transaction. If there is no law dishonest purpose or some
investing an accused with the power to
moral obliquity and
intervene, they cannot be charged under said conscious doing of a wrong;
provision [Jaravata v. Sandiganbayan, G.R.
a breach of sworn duty
No. L-56170 (1984].
through some motive or
intent or ill will; it partakes of
3. Requesting gifts in consideration for help the nature of fraud
given [Sec. 3(c)]
Directly or indirectly requesting or receiving any
gift, present or other pecuniary or material
benefit, for himself or for another, from any
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effect thereof, that determines whether or not
3. Gross Negligence characterized by
the provision has been violated. [Luciano v.
inexcusable the want of even slight care,
Estrella, G.R. No. L-31622 (1970)]
negligence acting or omitting to act in a
situation where there is a
duty to act, not inadvertently 8. Having unlawful business interests [Sec.
but willfully and intentionally 3(h)]
with a conscious indifference Directly or indirectly having financial or
to consequences in so far as pecuniary interest in any business, contract or
other persons may be transaction in connection with which he
affected. It is the omission of intervenes or takes part in his official capacity,
that care which even or in which he is prohibited by the Constitution
inattentive and thoughtless or by any law from having any interest.
men never fail to take on
their own property A mayor who has divested himself of shares in
a corporation which had a contract with the
government before his assumption to office,
While all three modalities may be alleged even if the divestment was to a relative, is not
simultaneously in a single information for liable under 3(h). What the law wants to
violation of Section 3 (e) of RA 3019, an prevent is actual intervention in a transaction in
allegation of only one modality without mention which the public official has financial or
of the others necessarily means the exclusion pecuniary interest [Trieste v. Sandiganbayan,
of those not mentioned [Villarosa v. People, G.R. No. 70332-43 (1986)].
G.R. Nos. 233155-63 (2020)].
9. Having material interest in transactions
Verily, an accusation for a violation of Section requiring his approval [Sec. 3(i)]
3 (e) of RA 3019 committed through evident Directly or indirectly becoming interested, for
bad faith only, cannot be considered as personal gain, or having a material interest in
synonymous to, or includes an accusation of any transaction or act requiring the approval of
violation of Section 3 (e) of RA 3019 committed a board, panel or group of which he is a
through gross inexcusable negligence member, and which exercises discretion in
[Villarosa v. People, supra]. such approval, even if he votes against the
same or does not participate in the action of the
6. Neglecting to act [Sec. 3(f)] board, committee, panel or group.
Neglecting or refusing, after due demand or
request, without sufficient justification, to act Presumption: Interest for personal gain shall
within a reasonable time on any matter pending be presumed against those public officers
before him. responsible for the approval of manifestly
unlawful, inequitable, or irregular transactions
For the purpose of obtaining, directly or or acts by the board, panel or group to which
indirectly, from any person interested in the they belong.
matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his 10. Granting license to unqualified persons
own interest or giving undue advantage in favor [Sec. 3(j)]
of or discriminating against any other interested Knowingly approving or granting any license,
party. permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to
7. Entering into grossly disadvantageous such license, permit, privilege or advantage, or
contracts [Sec. 3(g)] of a mere representative or dummy of one who
Entering, on behalf of the Government, into any is not so qualified or entitled.
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not 11. Divulging confidential information [Sec.
the public officer profited or will profit thereby. 3(k)]
2 acts punished:
This provision partakes of the nature of a 1. Divulging valuable information of a
malum prohibitum; it is the commission of that confidential character, acquired by his
act as defined by the law, not the character or office or by him on account of his
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official position to unauthorized SALNs are filed with their respected
persons, or department head or secretary within 30 days
2. Releasing such information in advance after assuming office or within the month of
of its authorized release date. January of every other year, upon expiration of
term, resignation, or separation from office.
Other Offenders [Sec. 3]
1. Person giving the gift, present, share, Prima Facie Evidence [Sec. 8]
percentage or benefit referred to in (b) A public official has been found to have
and (c); acquired during his incumbency, whether in his
2. Person offering or giving to the public name or in the name of other persons, an
officer the employment mentioned in amount of property and/or money manifestly
(d); out of proportion to his salary and to his other
3. Person urging the divulging or untimely lawful income, that fact shall be a ground for
release of the confidential information dismissal or removal.
referred to in subparagraph (k) of this
section Circumstances to be taken into consideration:
1. Properties in the name of the spouse
Together with the offending public officer, other and dependents of such public official,
offenders shall be punished under Section 9 of when their acquisition through
RA 3019 and with permanent or temporary legitimate means cannot be
disqualification from transacting business in satisfactorily shown
any form with the Government, in the discretion 2. Bank deposits in the name of or
of the Court. manifestly excessive expenditures
incurred by the public official, his
Prohibition on Members of Congress [Sec. spouse or any of their dependents
6] including but not limited to activities in
1. Acquiring or receiving any personal any club or association or any
pecuniary interest in any specific ostentatious display of wealth including
business enterprise which will be frequent travel abroad of a non-official
directly and particularly favored or character by any public official when
benefited by any law or resolution such activities entail expenses
authored by him previously approved evidently our of proportion to legitimate
or adopted by the Congress during the income
same term.
2. Having such interest prior to the Penalty
approval of such law or resolution
Acts Penalty
authored or recommended by him and
continues for thirty days after such Violation of Secs. 3 1. Imprisonment for
approval to retain such interest. (Corrupt not less than six years
This also applies to any other public officer Practices), 4 and one month nor
who recommended the initiation in Congress of (Prohibition on more than fifteen
the enactment or adoption of any law or Private years
resolution, and acquires or receives any such Individuals), 5 2. Perpetual
interest during his incumbency. (Prohibition on disqualification from
certain relatives), public office
Statement of Assets Liabilities and Net and 6 (Prohibition 3. Confiscation or
Worth [Sec. 7] on Members of forfeiture in favor of
Every public officer are required to prepare and Congress) the Government of
file a true detailed and sworn statement of any prohibited interest
assets and liabilities, including a statement of and unexplained
the amounts and sources of his income, the wealth manifestly out
amounts of his personal and family expenses of proportion to his
and the amount of income taxes paid for the salary and other lawful
next preceding calendar year. income

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public officers charged with the duty of granting
Violation of Sec. 7 1. Fine of not less
licenses or permits or other concessions
(Filing of SALN) than one thousand
[Mejorada v. Sandiganbayan, G.R. Nos. L-
pesos nor more than
51065-72 (1987)].
five thousand pesos
2. Imprisonment not
exceeding one year
six months
3. Both such fine and
imprisonment, at the
discretion of the Court

Prescription of Liability under R.A. No. 3019

Offenses under R.A. No. 3019 prescribe in 20
years.

Jaravata v. Sandiganbayan, 127 SCRA 363

(1984)
FACTS: Jaravata, as Assistant Principal of a
public high School, requested contributions
from 6 classroom teachers each to reimburse
the expenses he would incur for personally
doing the follow-up of their salary differentials.
Upon their receipt of the differentials, he
allegedly requested more than the
contributions they agreed on, and received an
excess of P194 over his actual expenses.
Jaravata was then accused of violating Sec.
3(b) of RA 3019, and was found guilty by the
Sandiganbayan.

HELD: The Court set aside the conviction,

stating that Sec. 3(b) of R.A. No. 3019 refers to
a public officer whose official intervention is
required by law in a contract or transaction.
There is no law investing the petitioner with the
power to intervene in the payment of the salary
differentials of the complainants. Petitioner
merely did the follow-ups to expedite the
payment of the salary differentials. Thus, he
cannot be said to have violated the law.

DOCTRINE: Sec. 3(b) of R.A. No. 3019 refers

to a public officer whose official intervention is
required by law in a contract or transaction. If
there is no law investing an accused with the
power to intervene, they cannot be charged
under said provision.

The last sentence of paragraph (e) is intended

to make clear the inclusion of officers and
employees of offices or government
corporations which, under the ordinary concept
of “public officers” may not come within the
term. It is a strained construction of the
provision to read it as applying exclusively to

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IV. ANTI-HAZING ACT OF and Director General of the PNP, shall not be
considered as hazing purposes of this Act:
2018 [R.A. 8049, AS The exemption provided herein shall likewise
apply to similar procedures and practices
AMENDED BY R.A. 11053] approved by the respective heads of other
uniformed learning institutions as to their
Hazing prospective members, nor shall this provision
Any act that results in physical or psychological apply to any customary athletic events or other
suffering, harm, or injury inflicted on a recruit, similar contests or competitions or any activity
neophyte, applicant, or member as part of an or conduct that furthers a legal and legitimate
initiation rite or practice made as a prerequisite objective, subject to prior submission of a
for admission or a requirement for continuing medical clearance or certificate.
membership in a fraternity, sorority, or
organization including, but not limited to In no case shall hazing be made a requirement
paddling, whipping, beating, branding, forced for employment in any business or corporation"
calisthenics, exposure to the weather, forced [Sec. 3, R.A. No. 8049 as amended by R.A. No.
consumption of any food, liquor, beverage, 11053].
drug or other substance, or any other brutal
treatment or forced physical activity which is Dandy Dungo v. People, G.R. No. 209464, 1
likely to adversely affect the physical and July 2015
psychological health of such recruit, neophyte, FACTS: Marlon Villanueva died of hazing on
applicant, or member. January 14, 2006. RTC indicted Dungo and
Sibal guilty of the crime of violating Section 4 of
This shall also include any activity, intentionally the Anti-Hazing Law and sentenced them to
made or otherwise, by one person alone or suffer the penalty of reclusion perpetua.
acting with others, that tends to humiliate or Petitioners contended that their right to be
embarrass, degrade, abuse, or endanger, by informed of the nature of the accusation has
requiring a recruit, neophyte, applicant, or been violated because they were charged with
member to do menial, silly, or foolish tasks assault and use of personal violence, however,
[Sec. 2(a), R.A. No. 8049 as amended by R.A. the RTC and CA instead found them guilty of
No. 11053]. violating RA 8049 for “inducing the victim to be
present” during the initiation rites. While the
evidence proved that they were guilty of hazing
Prohibition on Hazing. by inducement this does not necessarily
1. All forms of hazing shall be prohibited
include the criminal charge of hazing by actual
in fraternities, sororities, and
participation. Thus, they cannot be convicted of
organizations in schools, including
a crime not stated or necessarily included in the
citizens' military training and citizens'
information.
army training.
2. This prohibition shall likewise apply to
all other fraternities, sororities, and HELD: The Court argued that Dungo and Sibal
organizations that are not school- were charged in the amended information with
based, such as community-based and the proper offense and convicted for such.
other similar fraternities, sororities and Their involvement in the hazing of Villanueva is
organizations: not merely based on prima facie evidence but
was also established by circumstantial
evidence and an unbroken chain of events.
Exemptions for Uniformed Personnel and
Uniformed Learning Institutions
Physical, mental, and practices to determine People v. Ltsg. Dominador Bayabos, G.R.
and enhance the physical, mental, and No. 171222, 18 February 2015
psychological fitness of prospective regular FACTS: Fernando C. Balidoy, Jr. was admitted
members of the AFP and the PNP as approved as probationary midshipman at the PMMA, and
by the Secretary of National Defense and was required to complete the mandatory
National Police Commission, duly “Indoctrination and Orientation Period,” from
recommended by the Chief of Staff of the AFP May 2 – June 1, 2001. Balidoy died on May 3,
2001 supposedly due to hazing. PMMA school
authorities (Bayabos, et. al.) were charged
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before the Sandiganbayan as accomplices to
hazing. Bayabos, et. al. filed a Motion to
Quash, arguing that the Information did not
contain all essential elements of the offense,
particularly that the hazing was done as
prerequisite for admission into the PMMA.
Before their arraignment, Sandiganbayan
quashed the Information on the basis of failure
to include the material facts required by the
Anti-Hazing Law, inter alia; hence, this petition.

HELD: The Court affirmed the quashal. This is

because the Information was incomplete, as it
does not allege that the acts were
prerequisite for admission or entry into the
organization, which is the 2nd essential
element of the crime of hazing. It merely
states that psychological pain and physical
injuries were inflicted on the victim, the 1st
element. As such the accused cannot be
prosecuted from that Information either as
principal or as accomplice for the crime of
hazing. Thus, the Information must be
quashed, as the ultimate facts it presents do
not constitute the crime of accomplice to
hazing.

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V. ANTI-MONEY amended, otherwise known as the Anti-
Graft and Corrupt Practices Act;
LAUNDERING ACT OF 2001 4. Plunder under Republic Act No. 7080,
as amended;
[R.A. 9160] 5. Robbery and extortion under Articles
294, 295, 296, 299, 300, 301 and 302
Money Laundering Offense of the Revised Penal Code, as
Money laundering is a crime whereby the amended;
proceeds of an unlawful activity as herein 6. Jueteng and Masiao punished as illegal
defined are transacted, thereby making them gambling under Presidential Decree
appear to have originated from legitimate No. 1602;
sources. It is committed by the following: 7. Piracy on the high seas under the
1. Any person knowing that any monetary Revised Penal Code, as amended and
instrument or property represents, Presidential Decree No. 532;
involves, or relates to, the proceeds of 8. Qualified theft under Article 310 of the
any unlawful activity, transacts or Revised Penal Code, as amended;
attempts to transact said monetary 9. Swindling under Article 315 and Other
instrument or property. Forms of Swindling under Article 316 of
2. Any person knowing that any monetary the Revised Penal Code, as amended;
instrument or property involves the 10. Smuggling under Republic Act Nos.
proceeds of any unlawful activity, 455 and 1937;
performs or fails to perform any act as 11. Violations of Republic Act No. 8792,
a result of which he facilitates the otherwise known as the Electronic
offense of money laundering referred to Commerce Act of 2000;
in paragraph (a) above. 12. Hijacking and other violations under
3. Any person knowing that any monetary Republic Act No. 6235; destructive
instrument or property is required arson and murder, as defined under the
under this Act to be disclosed and filed Revised Penal Code, as amended;
with the Anti-Money Laundering 13. Terrorism and conspiracy to commit
Council (AMLC), fails to do so [Section terrorism as defined and penalized
4, R.A. No. 9160, as amended by R.A. under Sections 3 and 4 of Republic Act
No. 9194] No. 9372;
14. Financing of terrorism under Section 4
and offenses punishable under
Predicate Crimes / “Unlawful Sections 5, 6, 7 and 8 of Republic Act
Activities” No. 10168, otherwise known as the
To be considered money laundering, the Terrorism Financing Prevention and
transaction should involve proceeds from any Suppression Act of 2012:
of the predicate crimes or “unlawful activities”: 15. Bribery under Articles 210, 211 and
211-A of the Revised Penal Code, as
‘Unlawful activity’ refers to any act or amended, and Corruption of Public
omission or series or combination thereof Officers under Article 212 of the
involving or having direct relation to the Revised Penal Code, as amended;
following: 16. Frauds and Illegal Exactions and
1. Kidnapping for ransom under Article Transactions under Articles 213, 214,
267 of Act No. 3815, otherwise known 215 and 216 of the Revised Penal
as the Revised Penal Code, as Code, as amended;
amended; 17. Malversation of Public Funds and
2. Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, Property under Articles 217 and 222 of
15 and 16 of Republic Act No. 9165, the Revised Penal Code, as amended;
otherwise known as the 18. Forgeries and Counterfeiting under
Comprehensive Dangerous Drugs Act Articles 163, 166, 167, 168, 169 and
of 2002; 176 of the Revised Penal Code, as
3. Section 3 paragraphs B, C, E, G, H and amended;
I of Republic Act No. 3019, as

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19. Violations of Sections 4 to 6 of Republic Act No. 7610, otherwise known as the
Act No. 9208, otherwise known as the Special Protection of Children Against
Anti-Trafficking in Persons Act of 2003; Abuse, Exploitation and Discrimination;
20. Violations of Sections 78 to 79 of 33. Fraudulent practices and other
Chapter IV, of Presidential Decree No. violations under Republic Act No. 8799,
705, otherwise known as the Revised otherwise known as the Securities
Forestry Code of the Philippines, as Regulation Code of 2000; and
amended; 34. Felonies or offenses of a similar nature
21. Violations of Sections 86 to 106 of that are punishable under the penal
Chapter VI, of Republic Act No. 8550, laws of other countries.
otherwise known as the Philippine 35. Fraudulent practice and other
Fisheries Code of 1998; violations under Republic Act No. 8799,
22. Violations of Sections 101 to 107, and otherwise known as "The Securities
110 of Republic Act No. 7942, Regulation Code of 2000;
otherwise known as the Philippine 36. Violation of Section 9 (a)(3) of Republic
Mining Act of 1995; Act No. 10697, otherwise known as the
23. Violations of Section 27(c), (e), (f), (g) "Strategic Trade Management Act", in
and (i), of Republic Act No. 9147, relation to the proliferation of weapons
otherwise known as the Wildlife of mass destruction and its financing
Resources Conservation and pursuant to United Nations Security
Protection Act; Council Resolution Numbers 1718 of
24. Violation of Section 7(b) of Republic 2006 and 2231 of 2015";
Act No. 9072, otherwise known as the 37. Violation of Section 254 of Chapter II,
National Caves and Cave Resources Title X of the National Internal Revenue
Management Protection Act; Code of 1997, as amended, where the
25. Violation of Republic Act No. 6539, deficiency basic tax due in the final
otherwise known as the Anti- assessment is in excess of Twenty-five
Carnapping Act of 2002, as amended; million pesos (P25,000,000.00) per
26. Violations of Sections 1, 3 and 5 of taxable year, for each tax type covered
Presidential Decree No. 1866, as and there has been a finding of
amended, otherwise known as the probable cause by the competent
decree Codifying the Laws on authority: Provided, further, That there
Illegal/Unlawful Possession, must be a finding of fraud, willful
Manufacture, Dealing In, Acquisition or misrepresenting or malicious intent on
Disposition of Firearms, Ammunition or the part of the taxpayer: Provided,
Explosives; finally, That in no case shall the AMLC
27. Violation of Presidential Decree No. institute forfeiture proceedings to
1612, otherwise known as the Anti- recover monetary instruments,
Fencing Law; property or proceeds representing,
28. Violation of Section 6 of Republic Act involving, or relating to a tax crime, if
No. 8042, otherwise known as the the same has already been recovered
Migrant Workers and Overseas or collected by the Bureau of Internal
Filipinos Act of 1995, as amended by Revenue (BIR) in a separate
Republic Act No. 10022; proceeding and
29. Violation of Republic Act No. 8293, 38. Felonies and offenses of a similar
otherwise known as the Intellectual nature that are punishable under the
Property Code of the Philippines; penal laws of other countries. [Section
30. Violation of Section 4 of Republic Act 3(i), R.A. No. 9160, as amended by
No. 9995, otherwise known as the Anti- R.A. No. 9194, R.A. No. 10365, R.A.
Photo and Video Voyeurism Act of No. 11521]
2009;
31. Violation of Section 4 of Republic Act Jurisdiction of Money
No. 9775, otherwise known as the Anti-
Child Pornography Act of 2009; Laundering Cases
32. Violations of Sections 5, 7, 8, 9, 10(c), The regional trial courts shall have jurisdiction
(d) and (e), 11, 12 and 14 of Republic to try all cases on money laundering. Those

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committed by public officers and private 5. company service providers which, as a
persons who are in conspiracy with such public business, provide any of the following
officers shall be under the jurisdiction of the services to third parties:
Sandiganbayan. a. acting as a formation agent of
juridical persons;
Covered Persons [Sec 3 (a), R.A. b. acting as (or arranging for
another person to act as) a
9160] director or corporate secretary
Covered persons are required to report all of a company, a partner of a
covered and suspicious transactions with the partnership, or a similar
Anti-Money Laundering Council (AMLC) within position in relation to other
5 days of occurrence thereof. juridical persons;
c. providing a registered office,
Covered persons include: business address or
1. banks, non-banks, quasi-banks, trust accommodation,
entities, foreign exchange dealers, correspondence or
pawnshops, money changers, administrative address for a
remittance and transfer companies and company, a partnership or any
other similar entities and all other other legal person or
persons and their subsidiaries and arrangement; and
affiliates supervised or regulated by the d. acting as (or arranging for
Bangko Sentral ng Pilipinas (BSP); another person to act as) a
2. insurance companies, pre-need nominee shareholder for
companies and all other persons another person; and
supervised or regulated by the 6. persons who provide any of the
Insurance Commission (IC); following services:
a. securities dealers, brokers, a. managing of client money,
salesmen, investment houses securities or other assets;
and other similar persons b. management of bank, savings
managing securities or or securities accounts;
rendering services as c. organization of contributions
investment agent, advisor, or for the creation, operation or
consultant, management of companies;
b. mutual funds, close-end and
investment companies, d. creation, operation or
common trust funds, and other management of juridical
similar persons, and persons or arrangements, and
c. other entities administering or buying and selling business
otherwise dealing in currency, entities.
commodities or financial 7. casinos, including internet and ship-
derivatives based thereon, based casinos, with respect to their
valuable objects, cash casino cash transactions related to
substitutes and other similar their gaming operations. [casinos were
monetary instruments or added by R.A. No. 10927]
property supervised or 8. Real estate developers and brokers
regulated by the Securities and [added by R.A. No. 11521]
Exchange Commission (SEC); 9. Offshore gaming operation, as well as
3. jewelry dealers in precious metals, their service providers, supervised,
who, as a business, trade in precious accredited or regulated by the
metals, for transactions in excess of Philippine Amusement and Gaming
One million pesos (P1,000,000.00); Corporation (PAGCOR) or any
4. jewelry dealers in precious stones, government agency; [POGO added by
who, as a business, trade in precious R.A. No. 11521]
stones, for transactions in excess of
One million pesos (P1,000,000.00); Note: the term 'covered persons' shall exclude
lawyers and accountants acting as
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independent legal professionals in relation to 7. Any transaction that is similar or
information concerning their clients or where analogous to any of the foregoing.
disclosure of information would compromise
client confidences or the attorney-client Anti-Money Laundering Council (AMLC)
relationship: Provided, That these lawyers and AMLC is the government agency tasked to
accountants are authorized to practice in the implement the AMLC. It is composed of the
Philippines and shall continue to be subject to Governor of the Bangko Sentral ng Pilipinas as
the provisions of their respective codes of Chairman, the Commissioner of the Insurance
conduct and/or professional responsibility or Commission and the Chairman of the
any of its amendments. Securities and Exchange Commission, as
members.
Covered Transaction [Sec 3 (b), R.A. 9160]
Covered transactions are transactions Freeze Order
involving covered persons, to be reported to AMLC previously had a unilateral authority to
the AMLC. freeze assets. However, pursuant to
amendments, this authority was removed from
Threshold amount for covered transactions: AMLC by amendments. Under Section 10, as
• General Rule: P500,000 within one (1) amended, the Court of Appeals may issue a
banking day freeze order upon a verified ex parte
• For casinos: P5,000,000 or its petition by the AMLC and after determination
equivalent in any other currency. that probable cause exists that any monetary
• For real estate transactions: instrument or property is in any way related to
P7,500,000 or its equivalent in any an unlawful activity as defined in Section 3(i).
other currency.
Freeze Order Effective Immediately
Suspicious transactions The freeze order shall be effective immediately,
Suspicious transactions are transactions for a period of twenty (20) days. Within the
involving covered persons where twenty (20) day period, the Court of Appeals
circumstances under Section 3 (b-1) are shall conduct a summary hearing, with notice
present. They should also be reported to the to the parties, to determine whether or not to
AMLC, regardless of the amount involved. modify or lift the freeze order, or extend its
effectivity.
Circumstances under Section 3 (b-1):
1. There is no underlying legal or trade Note: The total period of the freeze order
obligation, purpose or economic issued by the Court of Appeals under this
justification; provision shall not exceed six (6) months.
2. The client is not properly identified;
3. The amount involved is not If there is no case filed against a person whose
commensurate with the business or account has been frozen within the period
financial capacity of the client; determined by the Court of Appeals, not
4. Taking into account all known exceeding six (6) months, the freeze order shall
circumstances, it may be perceived be deemed ipso facto lifted.
that the client's transaction is
structured in order to avoid being the Authority to Inquire into Bank Deposits
subject of reporting requirements AMLC may inquire into or examine any
under the Act particular deposit or investment, including
5. Any circumstance relating to the related accounts, with any banking institution or
transaction which is observed to non-bank financial institution upon order of any
deviate from the profile of the client competent court based on an ex parte
and/or the client's past transactions application in cases of violations of this Act,
with the covered person; when it has been established that there is
6. The transaction is in any way related to probable cause that the deposits or
an unlawful activity or offense under investments, including related accounts
this Act that is about to be, is being or involved, are related to an unlawful activity as
has been committed; or defined in Section 3(i) hereof or a money

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laundering offense under Section 4 hereof
million Philippine
[Sec. 11, AMLA].
pesos
(Php3,000,000.0
However, no court order shall be required in
0)
cases involving:
1. kidnapping for ransom Person Imprisonment
2. violations of Dangerous Drugs Act, convicted from six (6)
3. hijacking and other violations under under the months to four (4)
R.A. No. 6235 last years or a fine of
4. destructive arson and murder, as paragrap not less than One
defined under RPC h of hundred
5. Similar felonies or offenses punishable Section 4 thousand
under penal laws of other countries of this Philippine pesos
6. Terrorism and conspiracy to commit Act (Php100,000.00)
terrorism under R.A. No. 9372 but not more than
Five hundred
Note: AMLC can also inquire into ‘related thousand
accounts’. Philippine pesos
(Php500,000.00),
‘Related accounts’ refer to accounts, the or both
funds and sources of which originated from
and/or are materially linked to the monetary Penalties Imprisonment from six (6)
instrument(s) or property(ies) subject of the for Failure months to one (1) year or a
freeze order(s). to Keep fine of not less than One
Records hundred thousand Philippine
Penalties pesos (Php100,000.00) but
not more than Five hundred
Penalties Person Imprisonment
thousand Philippine pesos
for the convicted ranging from
(Php500,000.00), or both,
Crime of under seven (7) to
shall be imposed on a person
Money Section fourteen (14)
convicted under Section 9(b)
Launde- 4(a), (b), years and a fine
of this Act.
ring (c) and of not less than
[Amended (d) of this Three million
Penalties Six (6) months to four (4)
by R.A. No. Act Philippine pesos
for years imprisonment and a
10365] (Php3,000,000.0
Malicious fine of not less than One
0) but not more
Reporting hundred thousand Philippine
than twice the
[Amended pesos (Php 100,000.00) but
value of the
by R.A. No. not more than Five hundred
monetary
9194] thousand Philippine pesos
instrument or
(Php 500,000.00), at the
property involved
discretion of the court:
in the offense
Any Provided, That the offender is
person not entitled to avail the
Person Imprisonment
who, with benefits of the Probation
convicted from four (4) to
malice, or Law.
under seven (7) years
in bad
Section and a fine of not
faith,
4(e) and less than One
reports or If the offender is a
(f) of this million five
files a corporation, association,
Act hundred
completely partnership or any juridical
thousand
unwarran- person, the penalty shall be
Philippine pesos
ted or false imposed upon the
(Php1,500,000.0
informa- responsible officers, as the
0) but not more
tion case may be, who
than Three
relative to participated in, or allowed by
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money their gross negligence, the commis-
laundering commission of the crime. sion of the
transaction If the offender is a juridical crime of
against person, the court may money
any person suspend or revoke its laundering
license. [Amended
If the offender is an alien, he by R.A. No.
shall, in addition to the 10365]
penalties herein prescribed,
be deported without further
proceedings after serving the
penalties herein prescribed.
If the offender is a public
official or employee, he shall,
in addition to the penalties
prescribed herein, suffer
perpetual or temporary
absolute disqualification from
office, as the case may be.
Any public official or
employee who is called upon
to testify and refuses to do
the same or purposely fails to
testify shall suffer the same
penalties prescribed herein.

Penalties Imprisonment ranging from

for Breach three (3) to eight (8) years
of and a fine of not less than
Confiden- Five hundred thousand
tiality Philippine pesos (Php
[Amended 500,000.00) but not more
by R.A. No. than One million Philippine
9194] pesos (Php 1,000,000.00)

convicted In the case of a breach of

for a confidentiality that is
violation published or reported by
under media, the responsible
Section reporter, writer, president,
9(c) publisher, manager and
editor-in-chief shall be liable
under this Act.

Penalties Imprisonment ranging from

for four (4) to seven (7) years
covered and a fine corresponding to
person, its not more than two hundred
directors, percent (200%) of the value
officers or of the monetary instrument or
personnel property laundered.
who
knowingly
participate
d in the
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VI. ANTI-PHOTO AND capture an image of the private area of
a person/s such as the naked or
VIDEO VOYEURISM ACT OF undergarment clad genitals, public
area, buttocks or female breast without
2009 [SECS. 3 AND 4, R.A. the consent of the person/s involved
9995] and under circumstances in which the
person/s has/have a reasonable
Definition of Terms [Sec. 3, R.A. 9995] expectation of privacy;
(a) "Broadcast" means to make public, by any 2. To copy or reproduce, or to cause to
means, a visual image with the intent that it be be copied or reproduced, such photo
viewed by a person or persons. or video or recording of sexual act or
any similar activity with or without
(b) "Capture" with respect to an image, means consideration;
to videotape, photograph, film, record by any 3. To sell or distribute, or cause to be
means, or broadcast. sold or distributed, such photo or video
or recording of sexual act, whether it be
(c) "Female breast" means any portion of the the original copy or reproduction
female breast. thereof; or
4. To publish or broadcast, or cause to
be published or broadcast, whether
(d) "Photo or video voyeurism" means the
in print or broadcast media, or show or
act of taking photo or video coverage of a
exhibit the photo or video coverage or
person or group of persons performing sexual
recordings of such sexual act or any
act or any similar activity or of capturing an
similar activity through VCD/DVD,
image of the private area of a person or
internet, cellular phones and other
persons without the latter's consent, under
similar means or device.
circumstances in which such person/s
has/have a reasonable expectation of privacy,
or the act of selling, copying, reproducing, Note: The prohibition under paragraphs (b), (c)
broadcasting, sharing, showing or exhibiting and (d) shall apply notwithstanding that
the photo or video coverage or recordings of consent to record or take photo or video
such sexual act or similar activity through coverage of the same was given by such
VCD/DVD, internet, cellular phones and similar person/s. Any person who violates this
means or device without the written consent of provision shall be liable for photo or video
the person/s involved, notwithstanding that voyeurism as defined herein.
consent to record or take photo or video
coverage of same was given by such persons. Anti-Photo and Anti-Child
Video Voyeurism Pornography Act
(e) "Private area of a person" means the Act of 2009 of 2009
naked or undergarment clad genitals, public
area, buttocks or female breast of an individual. As to definition

(f) "Under circumstances in which a person the act of taking any representation,
has a reasonable expectation of privacy" photo or video whether visual,
means believe that he/she could disrobe in coverage of a audio, or written
privacy, without being concerned that an image person or group of combination thereof,
or a private area of the person was being persons by electronic,
captured; or circumstances in which a performing sexual mechanical, digital,
reasonable person would believe that a private act or any similar optical, magnetic or
area of the person would not be visible to the activity or of any other means, of
public, regardless of whether that person is in capturing an image child engaged or
a public or private place. of the private area of involved in real or
a person or persons simulated explicit
Prohibited Acts [Sec. 4, R.A. 9995] without the latter's sexual activities.
1. To take photo or video coverage of a consent, under [Sec. 3(b), RA 9775]
person or group of persons performing circumstances in
sexual act or any similar activity or to
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which such person/s internet, cellular
has/have a phones and other
reasonable similar means or
expectation of device. [Sec. 4 (d),
privacy, or the act of RA 9995]
selling, copying,
reproducing,
broadcasting, Note: "Child" refers to a person below eighteen
sharing, showing or (18) years of age or over, but is unable to fully
exhibiting the photo take care of himself/herself from abuse,
or video coverage or neglect, cruelty, exploitation or discrimination
recordings of such because of a physical or mental disability or
sexual act or similar condition. A child shall also refer to: (1) a
activity through person regardless of age who is presented,
VCD/DVD, internet, depicted or portrayed as a child as defined
cellular phones and herein; and (2) computer-generated, digitally or
similar means or manually crafted images or graphics of a
device without the person who is represented or who is made to
written consent of appear to be a child as defined herein. [Sec.
the person/s 3(a), RA 9775]
involved,
notwithstanding that
consent to record or
take photo or video
coverage of same
was given by such
person's. [Sec. 3 (d),
RA 9995]

As to punishable act

To sell or To possess any

distribute, or cause form of child
to be sold or pornography with
distributed, such the intent to sell,
photo or video or distribute, publish,
recording of sexual or broadcast:
act, whether it be the Provided. That
original copy or possession of three
reproduction thereof; (3) or more articles
[Sec. 4 (c), RA 9995] of child pornography
of the same form
To publish or shall be prima facie
broadcast, or evidence of the
cause to be intent to sell,
published or distribute, publish or
broadcast, whether broadcast; [Sec. 4
in print or broadcast (d), RA 9775]
media, or show or
exhibit the photo or
video coverage or
recordings of such
sexual act or any
similar activity
through VCD/DVD,
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VII. ANTI-PLUNDER ACT 5. By establishing agricultural, industrial
or commercial monopolies or other
[SECS. 1, 2 AND 6, R.A. combinations and/or implementation of
decrees and orders intended to benefit
7080, AS AMENDED BY R.A. particular persons or special interests;
7659] or
6. By taking undue advantage of official
Definition of Terms [Sec. 1, R.A. 7080] position, authority, relationship,
(a) “Public Officer” means any person holding connection or influence to unjustly
any public office in the Government of the enrich himself or themselves at the
Republic of the Philippines by virtue of an expense and to the damage and
appointment, election or contract. prejudice of the Filipino people and the
Republic of the Philippines.
(b) “Government” includes the National
Government, and any of its subdivisions, Plunder; Penalties [Sec. 2, R.A. 7080, as
agencies or instrumentalities, including amended by R.A. 7659]
government-owned or -controlled corporations Any public officer who, by himself or in
and their subsidiaries. connivance with members of his family,
relatives by affinity or consanguinity, business
(c) “Person” includes any natural or juridical associates, subordinates or other persons,
person, unless the context indicates otherwise. amasses, accumulates or acquires ill-gotten
wealth through a combination or series of overt
(d) “Ill-gotten wealth” means any asset, criminal acts as described in Section 1 (d)
property, business enterprise or material hereof in the aggregate amount or total value
possession of any person within the purview of of at least Fifty million pesos (P50,000,000.00)
Section Two (2) hereof, acquired by him shall be guilty of the crime of plunder and shall
directly or indirectly through dummies, be punished by reclusion perpetua to death.
nominees, agents, subordinates and/or
business associates by any combination or Any person who participated with the said
series of the following means or similar public officer in the commission of an offense
schemes: contributing to the crime of plunder shall
1. Through misappropriation, conversion, likewise be punished for such offense. In the
misuse, or malversation of public funds imposition of penalties, the degree of
or raids on the public treasury; participation and the attendance of mitigating
2. By receiving, directly or indirectly, any and extenuating circumstances, as provided by
commission, gift, share, percentage, the Revised Penal Code, shall be considered
kickbacks or any other form of by the court.
pecuniary benefit from any person
and/or entity in connection with any Forfeiture
government contract or project or by The court shall declare any and all ill-gotten
reason of the office or position of the wealth and their interests and other incomes
public officer concerned; and assets including the properties and shares
3. By the illegal or fraudulent conveyance of stocks derived from the deposit or
or disposition of assets belonging to the investment thereof forfeited in favor of the
National Government or any of its State.
subdivisions, agencies or
instrumentalities or government-owned Prescription of Crimes [Sec. 6, R.A. 7080]
or -controlled corporations and their The crime punishable under this Act shall
subsidiaries; prescribe in twenty (20) years. However, the
4. By obtaining, receiving or accepting right of the State to recover properties
directly or indirectly any shares of unlawfully acquired by public officers from them
stock, equity or any other form of or from their nominees or transferees shall not
interest or participation including be barred by prescription, laches, or estoppel.
promise of future employment in any
business enterprise or undertaking;

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Plunder is a malum in se
Plunder is a malum in se which requires proof
of criminal intent. The application of mitigating
and extenuating circumstances in the RPC to
prosecutions under the Anti-Plunder Law
indicates quite clearly that mens rea is an
element of plunder since the degree of
responsibility of the offender is determined by
his criminal intent [Estrada v. Sandiganbayan].

Pattern of Overt or Criminal Acts

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 or conspiracy to
amass, accumulate or acquire ill-gotten wealth,
it being sufficient to establish beyond
reasonable doubt a pattern of overt or criminal
acts indicative of the overall unlawful scheme
or conspiracy. [Sec. 4]

Main Plunderer should be Identified

The main plunderer should be identified.
Where the individuals charged were 10 public
officials, it was only proper to identify the main
plunderer or plunderers among the 10 accused
[Arroyo v. People, G.R. No. 220598 (2017)].

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VIII. ANTI-TORTURE ACT OF kicking, striking with truncheon
or rifle butt or other similar
2009 [SECS. 3 (A,B), 4 AND objects, and jumping on the
stomach;
5, R.A. 9745] b. Food deprivation or forcible
feeding with spoiled food,
"Torture" animal or human excreta and
An act by which severe pain or suffering, other stuff or substances not
whether physical or mental, is intentionally normally eaten;
inflicted on a person for such purposes as c. Electric shock;
1. obtaining from him/her or a third person d. Cigarette burning; burning by
information or a confession; electrically heated rods, hot oil,
2. punishing him/her for an act he/she or acid; by the rubbing of pepper
a third person has committed or is or other chemical substances
suspected of having committed; on mucous membranes, or
3. or intimidating or coercing him/her or a acids or spices directly on the
third person; wound(s);
4. or for any reason based on e. The submersion of the head in
discrimination of any kind water or water polluted with
when such pain or suffering is inflicted by or at excrement, urine, vomit and/or
the instigation of or with the consent or blood until the brink of
acquiescence of a person in authority or agent suffocation;
of a person in authority. f. Being tied or forced to assume
fixed and stressful bodily
It does not include pain or suffering arising only position;
from, inherent in or incidental to lawful g. Rape and sexual abuse,
sanctions [Sec. 3(a), R.A. 9745]. including the insertion of
foreign objects into the sex
Note: The elements of torture would refer to the organ or rectum, or electrical
severity or gravity of the pain or suffering, intent torture of the genitals;
to injure, and purposes, and State involvement, h. Mutilation or amputation of the
(i.e., "by or at the instigation of or with the essential parts of the body such
consent or acquiescence of a person in as the genitalia, ear, tongue,
authority or agent of a person in authority."). etc.;
i. Dental torture or the forced
Other cruel, inhuman and degrading extraction of the teeth;
treatment or punishment j. Pulling out of fingernails;
Deliberate and aggravated treatment or k. Harmful exposure to the
punishment not enumerated under Section 4 of elements such as sunlight and
this Act, inflicted by a person in authority or extreme cold;
agent of a person in authority against a person l. The use of plastic bag and
under his/her custody, which attains a level of other materials placed over the
severity causing suffering, gross humiliation or head to the point of
debasement to the latter. [Sec. 3 (b), R.A. asphyxiation;
9745]. m. The use of psychoactive drugs
to change the perception,
Acts of Torture [Sec. 4, R.A. 9745] memory. alertness or will of a
1. Physical torture is a form of treatment person, such as:
or punishment inflicted by a person in n. The administration or drugs to
authority or agent of a person in induce confession and/or
authority upon another in his/her reduce mental competency; or
custody that causes severe pain, o. The use of drugs to induce
exhaustion, disability or dysfunction of extreme pain or certain
one or more parts of the body, such as: symptoms of a disease; and
a. Systematic beating, p. Other analogous acts of
headbanging, punching, physical torture; and

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2. "Mental/Psychological Torture" The assessment of the level of severity shall
refers to acts committed by a person in depend on all the circumstances of the case,
authority or agent of a person in including the duration of the treatment or
authority which are calculated to affect punishment, its physical and mental effects
or confuse the mind and/or undermine and, in some cases, the sex, religion, age and
a person's dignity and morale, such as: state of health of the victim.
a. Blindfolding;
b. Threatening a person(s) or
his/fher relative(s) with bodily
harm, execution or other
wrongful acts;
c. Confinement in solitary cells or
secret detention places;
d. Prolonged interrogation;
e. Preparing a prisoner for a
"show trial", public display or
public humiliation of a detainee
or prisoner;
f. Causing unscheduled transfer
of a person deprived of liberty
from one place to another,
creating the belief that he/she
shall be summarily executed;
g. Maltreating a member/s of a
person's family;
h. Causing the torture sessions to
be witnessed by the person's
family, relatives or any third
party;
i. Denial of sleep/rest;
j. Shame infliction such as
stripping the person naked,
parading him/her in public
places, shaving the victim's
head or putting marks on
his/her body against his/her
will;
k. Deliberately prohibiting the
victim to communicate with any
member of his/her family; and
l. Other analogous acts of
mental/psychological torture.

Other Cruel, Inhuman and Degrading

Treatment or Punishment [Sec. 5, R.A.
9745]
Other cruel, inhuman or degrading treatment or
punishment refers to a deliberate and
aggravated treatment or punishment not
enumerated under Section 4 of this Act,
inflicted by a person in authority or agent of a
person in authority against another person in
custody, which attains a level of severity
sufficient to cause suffering, gross humiliation
or debasement to the latter.

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IX. ANTI-TRAFFICKING IN of force or coercion, including deprivation of
freedom, abuse of authority or moral
PERSONS ACT OF 2003 ascendancy, debt-bondage or deception.
[SECS. 3 TO 12, R.A. 9208, (e) “Slavery” refers to the status or condition
as amended by R.A. No. of a person over whom any or all of the powers
attaching to the right of ownership are
10364] exercised.
Definition of Terms [Sec. 3, RA 9208, as (f) “Sex Tourism” refers to a program
amended by RA 10364] organized by travel and tourism-related
establishments and individuals which consists
(a) “Trafficking in Persons” refers to the of tourism packages or activities, utilizing and
recruitment, obtaining, hiring, providing, offering escort and sexual services as
offering, transportation, transfer, maintaining, enticement for tourists. This includes sexual
harboring, or receipt of persons with or without services and practices offered during rest and
the victim’s consent or knowledge, within or recreation periods for members of the military.
across national borders by means of threat, or
use of force, or other forms of coercion, (g) “Sexual Exploitation” refers to
abduction, fraud, deception, abuse of power or participation by a person in prostitution,
of position, taking advantage of the pornography or the production of pornography,
vulnerability of the person, or, the giving or in exchange for money, profit or any other
receiving of payments or benefits to achieve consideration or where the participation is
the consent of a person having control over caused or facilitated by any means of
another person for the purpose of exploitation intimidation or threat, use of force, or other
which includes at a minimum, the exploitation forms of coercion, abduction, fraud, deception,
or the prostitution of others or other forms of debt bondage, abuse of power or of position or
sexual exploitation, forced labor or services, of legal process, taking advantage of the
slavery, servitude or the removal or sale of vulnerability of the person, or giving or
organs. receiving of payments or benefits to achieve
the consent of a person having control over
The recruitment, transportation, transfer, another person; or in sexual intercourse or
harboring, adoption or receipt of a child for the lascivious conduct caused or facilitated by any
purpose of exploitation or when the adoption is means as provided in this Act.
induced by any form of consideration for
exploitative purposes shall also be considered
(h) “Debt Bondage” refers to the pledging by
as ‘trafficking in persons’ even if it does not
the debtor of his/her personal services or labor
involve any of the means set forth in the
or those of a person under his/her control as
preceding paragraph.
security or payment for a debt, when the length
and nature of services is not clearly defined or
(b) “Child” refers to a person below eighteen when the value of the services as reasonably
(18) years of age or one who is over eighteen assessed is not applied toward the liquidation
(18) but is unable to fully take care of or protect of the debt.
himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a
(i) “Pornography” refers to any
physical or mental disability or condition.
representation, through publication, exhibition,
cinematography, indecent shows, information
(c) “Prostitution” refers to any act, technology, or by whatever means, of a person
transaction, scheme or design involving the engaged in real or simulated explicit sexual
use of a person by another, for sexual activities or any representation of the sexual
intercourse or lascivious conduct in exchange parts of a person for primarily sexual purposes.
for money, profit or any other consideration.
Acts of Trafficking in Persons [Sec. 4, RA
(d) “Forced Labor” refer to the extraction of 9208, as amended by RA 10364]
work or services from any person by means of It shall be unlawful for any person, natural or
enticement, violence, intimidation or threat, use juridical, to commit any of the following acts:
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1. To recruit, obtain, hire, provide, 9. To recruit, transport, obtain, transfer,
offer, transport, transfer, maintain, harbor, maintain, offer, hire, provide,
harbor, or receive a person by any receive or adopt a child to engage in
means, including those done under the armed activities in the Philippines or
pretext of domestic or overseas abroad;
employment or training or 10. To recruit, transport, transfer, harbor,
apprenticeship, for the purpose of obtain, maintain, offer, hire, provide or
prostitution, pornography, or sexual receive a person by means defined in
exploitation; Section 3 for purposes of forced
2. To introduce or match for money, labor, slavery, debt bondage and
profit, or material, economic or other involuntary servitude, including a
consideration, any person or, as scheme, plan, or pattern intended to
provided for under Republic Act No. cause the person either:
6955, any Filipino woman to a foreign a. To believe that if the person did
national, for marriage for the purpose of not perform such labor or
acquiring, buying, offering, selling or services, he or she or another
trading him/her to engage in person would suffer serious
prostitution, pornography, sexual harm or physical restraint; or
exploitation, forced labor, slavery, b. To abuse or threaten the use of
involuntary servitude or debt bondage; law or the legal processes.
3. To offer or contract marriage, real or 11. To recruit, transport, harbor, obtain,
simulated, for the purpose of acquiring, transfer, maintain, hire, offer, provide,
buying, offering, selling, or trading them adopt or receive a child for purposes of
to engage in prostitution, pornography, exploitation or trading them, including
sexual exploitation, forced labor or but not limited to, the act of baring
slavery, involuntary servitude or debt and/or selling a child for any
bondage; consideration or for barter for
4. To undertake or organize tours and purposes of exploitation. Trafficking for
travel plans consisting of tourism purposes of exploitation of children
packages or activities for the purpose shall include:
of utilizing and offering persons for a. All forms of slavery or practices
prostitution, pornography or sexual similar to slavery, involuntary
exploitation; servitude, debt bondage and
5. To maintain or hire a person to forced labor, including
engage in prostitution or pornography; recruitment of children for use
6. To adopt persons by any form of in armed conflict;
consideration for exploitative b. The use, procuring or offering
purposes or to facilitate the same for of a child for prostitution, for the
purposes of prostitution, pornography, production of pornography, or
sexual exploitation, forced labor, for pornographic
slavery, involuntary servitude or debt performances;
bondage; c. The use, procuring or offering
7. To adopt or facilitate the adoption of of a child for the production and
persons for the purpose of prostitution, trafficking of drugs; and
pornography, sexual exploitation, d. The use, procuring or offering
forced labor, slavery, involuntary of a child for illegal activities or
servitude or debt bondage; work which, by its nature or the
8. To recruit, hire, adopt, transport, circumstances in which it is
transfer, obtain, harbor, maintain, carried out, is likely to harm
provide, offer, receive or abduct a their health, safety or morals.
person, by means of threat or use of 12. To organize or direct other persons
force, fraud, deceit, violence, coercion, to commit the offenses defined as acts
or intimidation for the purpose of of trafficking under this Act.
removal or sale of organs of said
person;

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Attempted Trafficking in Persons [Sec. 4-A, his or her public functions or is known to be
RA 9208, as added by RA 10364] habitually guilty of some other crime. [Sec.
4-C, RA 9208 as amended by RA 10364]
When deemed as an attempt to commit
trafficking in persons: Where there are acts Acts that Promote Trafficking in Persons
to initiate the commission of a trafficking [Sec. 5, RA 9208 as amended by RA 10364]
offense but the offender failed to or did not 1. To knowingly lease or sublease, use or
execute all the elements of the crime, by allow to be used any house, building or
accident or by reason of some cause other than establishment for the purpose of
voluntary desistance. promoting trafficking in persons;
2. To produce, print and issue or
Where the victim is a child, any of the following distribute unissued, tampered or fake
acts shall also be deemed as attempted counseling certificates, registration
trafficking in persons: stickers, overseas employment
(a) Facilitating the travel of a child who travels certificates or other certificates of any
alone to a foreign country or territory government agency which issues
without valid reason therefor and without these certificates, decals and such
the required clearance or permit from the other markers as proof of compliance
Department of Social Welfare and with government regulatory and pre-
Development, or a written permit or departure requirements for the purpose
justification from the child’s parent or legal of promoting trafficking in persons;
guardian; 3. To advertise, publish, print, broadcast
(b) Executing, for a consideration, an affidavit or distribute, or cause the
of consent or a written consent for advertisement, publication, printing,
adoption; broadcasting or distribution by any
(c) Recruiting a woman to bear a child for the means, including the use of information
purpose of selling the child; technology and the internet, of any
(d) Simulating a birth for the purpose of selling brochure, flyer, or any propaganda
the child; and material that promotes trafficking in
(e) Soliciting a child and acquiring the custody persons;
thereof through any means from among 4. To assist in the conduct of
hospitals, clinics, nurseries, daycare misrepresentation or fraud for
centers, refugee or evacuation centers, purposes of facilitating the acquisition
and low-income families, for the purpose of of clearances and necessary exit
selling the child. documents from government agencies
that are mandated to provide pre-
Who are considered Accomplices: Whoever departure registration and services for
knowingly aids, abets, cooperates in the departing persons for the purpose of
execution of the offense by previous or promoting trafficking in persons;
simultaneous acts defined in RA 9208 as 5. To facilitate, assist or help in the exit
amended. [Sec. 4-B, RA 9208 as amended by and entry of persons from/to the
RA 10364] country at international and local
airports, territorial boundaries and
Who are considered accessories: Whoever seaports who are in possession of
takes part in the commission of the crime with unissued, tampered or fraudulent travel
knowledge and has participated in committing documents for the purpose of
the same in the following manner (not as a promoting trafficking in persons;
principal or accomplice) 6. To confiscate, conceal, or destroy the
1. By profiting themselves or assisting the passport, travel documents, or
offender to profit by the effects of the crime; personal documents or belongings of
2. By concealing or destroying the body of the trafficked persons in furtherance of
crime or effects or instruments thereof, in trafficking or to prevent them from
order to prevent its discovery; leaving the country or seeking redress
3. By harboring, concealing or assisting in the from the government or appropriate
escape of the principal of the crime, agencies; and
provided the accessory acts with abuse of

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7. To knowingly benefit from, financial or member of the military or law
otherwise, or make use of, the labor or enforcement agencies;
services of a person held to a condition 6. When the offender is a member of the
of involuntary servitude, forced labor, military or law enforcement agencies;
or slavery. 7. When by reason or on occasion of the
8. To tamper with, destroy, or cause the act of trafficking in persons, the
destruction of evidence, or to influence offended party dies, becomes insane,
or attempt to influence witnesses, in an suffers mutilation or is afflicted with
investigation or prosecution of a case Human Immunodeficiency Virus (HIV)
under this Act; or the Acquired Immune Deficiency
9. To destroy, conceal, remove, Syndrome (AIDS);
confiscate or possess, or attempt to 8. When the offender commits one or
destroy, conceal, remove, confiscate or more violations of Section 4 over a
possess, any actual or purported period of sixty (60) or more days,
passport or other travel, immigration or whether those days are continuous or
working permit or document, or any not; and
other actual or purported government 9. When the offender directs or through
identification, of any person in order to another manages the trafficking victim
prevent or restrict, or attempt to prevent in carrying out the exploitative purpose
or restrict, without lawful authority, the of trafficking.
person’s liberty to move or travel in
order to maintain the labor or services Confidentiality [Sec. 7, RA 9208 as amended
of that person; or by RA 10364]
10. To utilize his or her office to impede the Law enforcement officers, prosecutors, judges,
investigation, prosecution or execution court personnel, social workers and medical
of lawful orders in a case under this practitioners, as well as parties to the case,
Act. shall protect the right to privacy of the trafficked
person.
Qualified Trafficking in Persons [Sec. 6, RA
9208 as amended by RA 10364] When: At any stage of the investigation,
1. When the trafficked person is a child; rescue, prosecution and trial of an offense
2. When the adoption is effected through under RA 9208.
Republic Act No. 8043, otherwise
known as the "Inter-Country Adoption How:
Act of 1995" and said adoption is for the 1. Law enforcement officers, prosecutors
purpose of prostitution, pornography, and judges to whom the complaint has
sexual exploitation, forced labor, been referred may, whenever
slavery, involuntary servitude or debt necessary to ensure a fair and impartial
bondage; proceeding;
3. When the crime is committed by a 2. Order a closed-door investigation,
syndicate, or in large scale. Trafficking prosecution or trial after considering all
is deemed committed by a syndicate if circumstances for the best interest of
carried out by a group of three (3) or the parties;
more persons conspiring or 3. The name and personal circumstances
confederating with one another. It is of the trafficked person or any other
deemed committed in large scale if information tending to establish the
committed against three (3) or more identity of the trafficked person and his
persons, individually or as a group; or her family shall not be disclosed to
4. When the offender is a spouse, an the public.
ascendant, parent, sibling, guardian or 4. Law enforcement officers, prosecutors,
a person who exercises authority over judges, court personnel, social workers
the trafficked person or when the and medical practitioners shall be
offense is committed by a public officer trained on the importance of
or employee; maintaining confidentiality as a means
5. When the trafficked person is recruited to protect the right to privacy of victims
to engage in prostitution with any

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and to encourage victims to file Penalties and Sanctions [Sec. 10, RA 9208,
complaints. as amended by RA 10364]
Any person imprisonment of 20
General Rule: It shall be unlawful for any
found guilty of years and a fine of not
editor, publisher, and reporter or columnist
committing any less than
in case of printed materials, announcer or
of the acts P1,000,000.00 but not
producer in case of television and radio,
enumerated in more than
producer and director of a film in case of the
Section 4 P2,000,000.00
movie industry, or any person utilizing tri-
media facilities or electronic information Any person guilty imprisonment of 15
technology to cause publicity of the name, of committing years and a fine of not
personal circumstances, or any information any of the acts in less than P500,000.00
tending to establish the identity of the trafficked Section 4-A but not more than
person. P1,000,000.00;
Exception: When the trafficked person in a Any person guilty imprisonment of 15
written statement duly notarized knowingly, of committing years and a fine of not
voluntarily and willingly waives said any of the acts in less than P500,000.00
confidentiality. Section 4-B but not more than
P1,000,000.00;
Prosecution of Cases [Section 8, RA 9208,
as amended by RA 10364] In every case, conviction shall cause and
1. WHO INITIATES INVESTIGATION: carry the automatic revocation of the license
Law enforcement agencies are or registration of the recruitment agency
mandated to immediately initiate involved in trafficking. The license of a
investigation and counter-trafficking- recruitment agency which trafficked a child
intelligence gathering upon receipt of shall be automatically revoked.
statements or affidavit from victims of
trafficking, migrant workers, or their Any person guilty imprisonment of 15
families who are in possession of of committing years and a fine of not
knowledge or information about any of the acts less than P500,000.00
trafficking in persons cases. enumerated in but not more than
2. WHO: Any person who has personal Section 5 P1,000,000.00
knowledge of the commission of any
offense under this Act, the trafficked Any person guilty life imprisonment and
person, the parents, spouse, siblings, of qualified a fine of not less
children or legal guardian may file a trafficking under P2,000,000.00 but not
complaint for trafficking. Section 6 more than
3. WHERE: A criminal action arising from P5,000,000.00
violation of this Act shall be filed where
the offense was committed, or where Any person who imprisonment of 6
any of its elements occurred, or where violates Section years and a fine of not
the trafficked person actually resides at 7 less than P500,000.00
the time of the commission of the but not more than
offense: Provided, That the court where P1,000,000.00
the criminal action is first filed shall
acquire jurisdiction to the exclusion of
Note:
other courts. [Sec. 9, RA 9208]
• If the offender is a corporation,
partnership, association, club,
Can cases involving TIP be dismissed based
establishment or any juridical person
on affidavits of desistance executed by the
o the penalty shall be imposed
victims or their guardians? No. Public and
upon the owner, president,
private prosecutors are directed to oppose and
partner, manager, and/or any
manifest objections to motions for dismissal.
responsible officer who
[Section 8(c), RA 9208 as amended by RA
participated in the commission
10364]
of the crime or who shall have
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knowingly permitted or failed to a fine of not less than P50,000 but not more
prevent its commission; than P100,000.
o The registration with the
Securities and Exchange The following acts shall be exempted thereto:
Commission (SEC) and license
If offense Reclusion temporal in its
to operate of the erring agency,
involves medium period to
corporation, association,
sexual reclusion perpetua or 17
religious group, tour or travel
intercourse or years to 40 years
agent, club or establishment, or
lascivious imprisonment and a fine
any place of entertainment
conduct with a of not less than P500,000
shall be cancelled and
child but not more than
revoked permanently. The
P1,000,000.
owner, president, partner or
manager thereof shall not be If offense Fine of not less
allowed to operate similar involves P1,000,000 but not more
establishments in a different carnal than P5,000,000 and
name; knowledge of, imprisonment
or sexual of reclusion perpetua or
• If the offender is a foreigner, he shall be intercourse 40 years imprisonment
immediately deported after serving his with a male or with no possibility of
sentence and be barred permanently female parole.
from entering the country; trafficking
victim with Except: If the violator
• Any employee or official of government force or knows the person that
agencies who shall issue or approve intimidation, provided prostitution
the issuance of travel exit clearances, unconscious services is in fact a victim
passports, registration certificates, victim, or of trafficking, the offender
counseling certificates, marriage victim under shall be penalized under
license, and other similar documents to 12 years old Section 10 as a person
persons, whether juridical or natural, violating Section 4.
recruitment agencies, establishments
or other individuals or groups, who fail
to observe the prescribed procedures Prescriptive Period [Sec. 12, RA 9208 as
and the requirement as provided for by amended by RA 10364]
laws, rules and regulations, shall be Trafficking cases under this Act shall prescribe
held administratively liable, without in ten (10) years.
prejudice to criminal liability under this
Act. The concerned government official If committed by syndicate or in large scale:
or employee shall, upon conviction, be That trafficking cases committed by a syndicate
dismissed from the service and be or in a large scale as defined under Section 6
barred permanently to hold public shall prescribe in twenty (20) years.
office. His/her retirement and other
benefits shall likewise be forfeited; and Reckoning point: From the day on which the
trafficked person is delivered or released from
• Conviction by final judgment of the the conditions of bondage, or in the case of a
adopter for any offense under this Act child victim, from the day the child reaches the
shall result in the immediate rescission age of majority, and shall be interrupted by the
of the decree of adoption. filing of the complaint or information and shall
commence to run again when the proceedings
Use of Trafficked Persons [Sec. 11, RA terminate without the accused being convicted
9208] or acquitted or are unjustifiably stopped for any
reason not imputable to the accused.
Any person who buys or engages the
services of a trafficked person: Prision
Correccional in its maximum period to prision
mayor or 6 years to 12 years imprisonment and
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X. ANTI-VIOLENCE 2. acts causing or attempting to cause the
victim to engage in any sexual activity
AGAINST WOMEN AND by force, threat of force, physical or
other harm or threat of physical or other
THEIR CHILDREN ACT OF harm or coercion;
2004 [SECS. 3, 5 AND 26, 3. Prostituting the woman or child.
R.A. 9262] (3) Psychological violence
Acts or omissions causing or likely to cause
Violence against women and their children
mental or emotional suffering of the victim such
(VAWC)
as but not limited to intimidation, harassment,
Any act or a series of acts committed by any
stalking, damage to property, public ridicule or
person against a woman who is his wife, former
humiliation, repeated verbal abuse and mental
wife, or against a woman with whom the person
infidelity. It includes causing or allowing the
has or had a sexual or dating relationship, or
victim to witness the physical, sexual or
with whom he has a common child, or against
psychological abuse of a member of the family
her child whether legitimate or illegitimate,
to which the victim belongs, or to witness
within or without the family abode, which result
pornography in any form or to witness abusive
in or is likely to result in physical, sexual,
injury to pets or to unlawful or unwanted
psychological harm or suffering, or economic
deprivation of the right to custody and/or
abuse including threats of such acts, battery,
visitation of common children.
assault, coercion, harassment or arbitrary
deprivation of liberty. [Sec. 3(a), RA 9262]
(4) Economic abuse
Acts that make or attempt to make a woman
Battery
financially dependent which includes, but is not
An act of inflicting physical harm upon the
limited to the following:
woman or her child resulting to the physical and
1. withdrawal of financial support or
psychological or emotional distress. [Sec. 3(b),
preventing the victim from engaging in
RA 9262]
any legitimate profession, occupation,
business or activity, except in cases
VIOLENCE INCLUDES BUT IS NOT LIMITED
wherein the other spouse/partner
TO:
objects on valid, serious and moral
grounds as defined in Article 73 of the
(1) Physical Violence: Acts that include bodily Family Code;
or physical harm; 2. deprivation or threat of deprivation of
financial resources and the right to the
(2) Sexual violence: An act which is sexual in use and enjoyment of the conjugal,
nature, committed against a woman or her community or property owned in
child. common;
3. destroying household property;
Sexual violence includes, but is not limited to: 4. controlling the victims' own money or
1. rape, sexual harassment, acts of properties or solely controlling the
lasciviousness, treating a woman or conjugal money or properties.
her child as a sex object, making
demeaning and sexually suggestive Children
remarks, physically attacking the Those below eighteen (18) years of age or
sexual parts of the victim's body, older but are incapable of taking care of
forcing her/him to watch obscene themselves as defined under Republic Act No.
publications and indecent shows or 7610. As used in this Act, it includes the
forcing the woman or her child to do biological children of the victim and other
indecent acts and/or make films children under her care. [Sec. 3(h), RA 9262]
thereof, forcing the wife and
mistress/lover to live in the conjugal ACTS OF VIOLENCE AGAINST WOMEN
home or sleep together in the same AND THEIR CHILDREN
room with the abuser; 1. Causing physical harm to the woman
or her child;
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2. Threatening to cause the woman or constitute rape, by force or threat of
her child physical harm; force, physical harm, or through
3. Attempting to cause the woman or her intimidation directed against the
child physical harm; woman or her child or her/his
4. Placing the woman or her child in fear immediate family;
of imminent physical harm; 8. Engaging in purposeful, knowing, or
5. Attempting to compel or compelling reckless conduct, personally or through
the woman or her child to engage in another, that alarms or causes
conduct which the woman or her child substantial emotional or psychological
has the right to desist from or desist distress to the woman or her child. This
from conduct which the woman or her shall include, but not be limited to, the
child has the right to engage in, or following acts:
attempting to restrict or restricting the a. Stalking or following the
woman's or her child's freedom of woman or her child in public or
movement or conduct by force or threat private places;
of force, physical or other harm or b. Peering in the window or
threat of physical or other harm, or lingering outside the residence
intimidation directed against the of the woman or her child;
woman or child. c. Entering or remaining in the
dwelling or on the property of
Acts Committed With The Purpose the woman or her child against
Or Effect Of Controlling Or her/his will;
Restricting The Woman's Or Her d. Destroying the property and
Child's Movement Or Conduct personal belongings or
This shall include, but not limited to: inflicting harm to animals or
pets of the woman or her child;
a. Threatening to deprive or and
actually depriving the woman e. Engaging in any form of
or her child of custody to harassment or violence.
her/his family; 9. Causing mental or emotional
b. Depriving or threatening to anguish, public ridicule or
deprive the woman or her humiliation to the woman or her child,
children of financial support including, but not limited to, repeated
legally due her or her family, or verbal and emotional abuse, and denial
deliberately providing the of financial support or custody of minor
woman's children insufficient children of access to the woman's
financial support; child/children. [Sec. 5, RA 9262]
c. Depriving or threatening to
deprive the woman or her child The actus reus of the offense under Section 5
of a legal right; (i) is the willful denial of financial support, while
d. Preventing the woman in the mens rea is the intention to inflict mental
engaging in any legitimate or emotional anguish upon the woman. Both
profession, occupation, must thus exist and be proven in court before a
business or activity or person may be convicted of violating Section 5
controlling the victim's own (i) of R.A. 9262.
money or properties, or solely
controlling the conjugal or In prosecutions under Section 5 (i), therefore,
common money, or properties; "[p]sychological violence is the means
employed by the perpetrator" with denial of
6. Inflicting or threatening to inflict financial support as the weapon of choice. In
physical harm on oneself for the other words, to be punishable by Section 5 (i)
purpose of controlling her actions or of R.A. 9262, it must ultimately be proven that
decisions; the accused had the intent of inflicting mental
7. Causing or attempting to cause the or emotional anguish upon the woman, thereby
woman or her child to engage in any inflicting psychological violence upon her, with
sexual activity which does not the willful denial of financial support being the

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means selected by the accused to accomplish or action in concert to achieve a criminal design
said purpose. [Acharon v. People, G.R. No. is shown, the act of one is the act of all the
224946 (November 2021)] conspirators, and the precise extent or modality
of participation of each of them becomes
Note: The cutoff date of coverage for the 2022 secondary, since all the conspirators are
Bar Examinations is June 30, 2021. principals [Go-Tan v. Tan, supra].

Stalking Parents-in-law of the petitioner wife may be

An intentional act committed by a person who, included in the petition for issuance of
knowingly and without lawful justification protective order in accordance with RA No.
follows the woman or her child or places the 9262 [Go-Tan v. Tan, G.R. No. 168852 (2008)].
woman or her child under surveillance directly
or indirectly or a combination thereof. [Sec. Battered Woman Syndrome
3(d), RA 9262] A scientifically defined pattern of psychological
and behavioral symptoms found in women
living in battering relationships as a result of
cumulative abuse. [Sec. 3(c), RA 9262]
Elements of the crime of violence against Battered Woman Syndrome As A Defense
women through harassment are: Victim-survivors who are found by the courts to
1. The offender has or had a sexual or be suffering from battered woman syndrome do
dating relationship with the offended not incur any criminal and civil liability
woman; notwithstanding the absence of any of the
2. The offender, by himself or through elements for justifying circumstances of self-
another, commits an act or series of defense under the Revised Penal Code.
acts of harassment against the woman;
and In the determination of the state of mind of the
3. The harassment alarms or causes woman who was suffering from battered
substantial emotional or psychological woman syndrome at the time of the
distress to her [Ang v. CA, G.R. No. commission of the crime, the courts shall be
182835 (2010)]. assisted by expert psychiatrists/ psychologists.
[Sec. 26, RA 9262]
Dating relationship refers to a situation
wherein the parties live as husband and wife Genosa Ruling is Abandoned by RA No.
without the benefit of marriage or are 9262
romantically involved over time and on a Under the Genosa ruling, BWS is valid as a
continuing basis during the course of the defense only when all the requisites of self-
relationship. A casual acquaintance or ordinary defense are present.
socialization between two individuals in a
business or social context is not a dating Sec. 26 of RA No. 9262 abandons the
relationship. [Sec. 3(e), RA 9262] precedent set by Genosa case, which states
that “victim-survivors who are found by the
Sexual relations refers to a single sexual act courts to be suffering from battered woman
which may or may not result in the bearing of a syndrome do not incur any criminal and civil
common child. [Sec. 3(f), RA 9262] liability notwithstanding the absence of any of
the elements for justifying circumstances of
RPC provisions have suppletory self-defense under the RPC”.
application
Legal principles developed from the Penal A single act of sending an offensive picture
Code may be applied in a supplementary constitutes violence against women. Under
capacity to crimes punished under special Sec. 3 of R.A. 9262, a single act of harassment
laws, such as R.A. No. 9262, in which the would be enough since the objective of the law
special law is silent on a particular matter [Go- is to protect women and children. Punishing
Tan v. Tan, G.R. No. 168852 (2008)]. only violence that is repeatedly committed
would license isolated ones. To illustrate, in
Thus, the principle of conspiracy may be Rustan Ang v. CA [G.R. No. 182835, April 20,
applied to R.A. No. 9262. For once conspiracy 2010], the naked woman on the picture, her

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legs spread open and bearing Irish’s head and
offended party’s liberty kidnapping is the
face, was clearly an obscene picture and, to
but involves: deprivation of the
Irish, a revolting and offensive one. Surely, any
the recruitment, offended party’s
woman like Irish, who is not in the pornography
transportation, transfer liberty under any
trade, would be scandalized and pained if she
or harboring, or receipt of the four
sees herself in such a picture. What makes it
of persons with or instances
further terrifying is that, as Irish testified,
without the victim's provided in Art.
Rustan sent the picture with a threat to post it
consent or knowledge, 267. [People v.
on the internet for all to see. [Reyes]
within or across national Suarez, G.R. No.
borders by means of L-27352 (1969)]
VAWC may be committed by any person,
threat or use of force, or
including a woman. The law states that it may
other forms of coercion,
be committed “against a woman with whom the
abduction, fraud,
person has or had a sexual or dating
deception, abuse of
relationship.” The use of the gender-neutral
power or of position,
word “person” signifies that the law also
taking advantage of the
encompasses lesbian relationships [Garcia v.
vulnerability of the
Drilon, G.R. No. 179267, June 25, (2013)]
person, or,
[Reyes].
the giving or receiving
of payments or benefits
Trafficking White Slave to achieve the consent
[RA 9208] Trade of a person having
[Art. 341] control over another
person for the purpose
As to purpose of exploitation

Giving or receiving of Engaging in Note: The acts

payments or benefits to the business or mentioned must
achieve the consent of a profiting by include, at a minimum,
person having control prostitution or the exploitation or the
over another person for enlisting prostitution of others or
the purpose of another for the other forms of sexual
exploitation which purpose of exploitation, forced
includes at a minimum, prostitution labor or services,
the exploitation or the slavery, servitude or the
prostitution of others or removal or sale of
Note: The
other forms of sexual engagement in organs. [Sec. 3(a)]
exploitation, forced labor the business or
or services, slavery, profiting or
servitude or the removal enlisting
or sale of organs. [Sec. another is
3(a)] entirely for the
purpose of
Note: The giving or prostitution
receiving of payments is
not limited for the
purpose of prostitution.

Trafficking Kidnapping
[R.A. 9208] [Art. 267]

Trafficking is not mere The essential

deprivation of the element of

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XI. ANTI-WIRE TAPPING shall, upon conviction thereof, be punished by
imprisonment for not less than six months
ACT [SECS. 1 TO 4, R.A. or more than six years and with the
accessory penalty of perpetual absolute
4200] disqualification from public office if the
offender be a public official at the time of the
UNLAWFUL ACTS UNDER RA 4200 [Sec. 1, commission of the offense, and, if the offender
RA 4200] is an alien he shall be subject to deportation
It shall be unlawful for any person, not being proceedings.
authorized by all the parties to any private
communication or spoken word, to: LAWFUL IF AUTHORIZED BY A WRITTEN
• tap any wire or cable, or ORDER OF THE COURT [Sec. 3, RA 4200]
• by using any other device or Nothing in this Act shall render it unlawful or
arrangement, to secretly overhear, punishable for any peace officer, who is
intercept, or record such authorized by a written order of the Court,
communication or spoken word by to execute any of the acts in the two preceding
using a device commonly known as a sections in cases involving the crimes of:
dictaphone or dictagraph or dictaphone treason, espionage, provoking war and
or walkie-talkie or tape recorder, or disloyalty in case of war, piracy, mutiny in the
however otherwise described: high seas, rebellion, conspiracy and proposal
to commit rebellion, inciting to rebellion,
OTHER UNLAWFUL ACTS [Sec. 1, RA 4200] sedition, conspiracy to commit sedition, inciting
It shall also be unlawful for any person, be he to sedition, kidnapping as defined by the
a participant or not in the act or acts penalized Revised Penal Code, and violations of
in the next preceding sentence: Commonwealth Act No. 616, punishing
1. to knowingly possess any tape record, espionage and other offenses against national
wire record, disc record, or any other security:
such record, or copies thereof, of any
communication or spoken word
Requirements for the issuance of a written
secured either before or after the
order
effective date of this Act in the manner
Such written order shall only be issued or
prohibited by this law; or
granted upon written application and the
2. to replay the same for any other person
examination under oath or affirmation of the
or persons; or
applicant and the witnesses he may produce
3. to communicate the contents thereof,
and a showing:
either verbally or in writing, or to furnish
1. that there are reasonable grounds to
transcriptions thereof, whether
believe that any of the crimes
complete or partial, to any other
enumerated has been committed or is
person:
being committed or is about to be
committed:
Provided, That the use of such record or any
copies thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in Provided, however, That in cases
section 3 hereof, shall not be covered by this involving the offenses of rebellion,
prohibition. conspiracy and proposal to commit
rebellion, inciting to rebellion, sedition,
PENALTY FOR VIOLATION OF THE ACT conspiracy to commit sedition, and
[Sec. 2, RA 4200] inciting to sedition, such authority shall
Any person: be granted only upon prior proof that a
1. Who willfully or knowingly does or who rebellion or acts of sedition, as the case
shall aid, permit, or cause to be done may be, have actually been or are
any of the acts declared to be unlawful being committed;
in the preceding section or 2. that there are reasonable grounds to
2. Who violates the provisions of the believe that evidence will be obtained
following section or of any order issued essential to the conviction of any
thereunder, or aids, permits, or causes person for, or to the solution of, or to
such violation
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the prevention of, any of such crimes; Note: The envelope or package so deposited
and shall not be opened, or the recordings
3. that there are no other means readily replayed, or used in evidence, or their contents
available for obtaining such evidence. revealed, except upon order of the court, which
shall not be granted except upon motion, with
Specifications of the order when granted or due notice and opportunity to be heard to the
issued person or persons whose conversation or
The order granted or issued shall specify: communications have been recorded.
1. the identity of the person or persons
whose communications, NOT ADMISSIBLE IN EVIDENCE [Sec. 4, RA
conversations, discussions, or spoken 4200]
words are to be overheard, intercepted, Any communication or spoken word, or the
or recorded and, in the case of existence, contents, substance, purport, effect,
telegraphic or telephonic or meaning of the same or any part thereof, or
communications, the telegraph line or any information therein contained obtained or
the telephone number involved and its secured by any person in violation of the
location; preceding sections of this Act shall not be
2. the identity of the peace officer admissible in evidence in any judicial, quasi-
authorized to overhear, intercept, or judicial, legislative or administrative hearing or
record the communications, investigation.
conversations, discussions, or spoken
words;
3. the offense or offenses committed or
sought to be prevented; and
4. the period of the authorization.
• The authorization shall be effective
for the period specified in the order
which shall not exceed sixty (60)
days from the date of issuance of
the order, unless extended or
renewed by the court upon being
satisfied that such extension or
renewal is in the public interest.

Recordings made under court authorization

should be deposited with the court
All recordings made under court authorization
shall, within forty-eight hours after the
expiration of the period fixed in the order, be
deposited with the court in a sealed envelope
or sealed package, and shall be accompanied
by an affidavit of the peace officer granted such
authority stating:
• the number of recordings made,
• the dates and times covered by
each recording,
• the number of tapes, discs, or
records included in the deposit,
and
• certifying that no duplicates or
copies of the whole or any part
thereof have been made, or if
made, that all such duplicates or
copies are included in the envelope
or package deposited with the
court.
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XII. BOUNCING CHECKS knowledge of such insufficiency of funds or
credit.
LAW [B.P. BLG. 22]
Exception: Unless maker or drawer pays the
Elements [Sec. 1 (1), B.P. Blg. 22] holder thereof the amount due thereon, or
1. Making, drawing, and issuance of any makes arrangements for payment in full by the
check to apply for account or for value drawee of such check within (5) banking days
2. Knowledge of the maker, drawer, or after receiving notice that such check has not
issuer that at the time of issue he does been paid by the drawee.
not have sufficient funds in or credit
with the drawee bank for the payment Notice of dishonor is required under Section 2
of the check in full upon its of B.P. Blg. 22 which states that the maker or
presentment; and drawer is required to pay the amount of the
3. Subsequent dishonor of the check by check within five days from receipt of notice of
the drawee bank for insufficiency of dishonor. Such notice is necessary for
funds or creditor dishonor for the same prosecution and without proof of such notice,
reason had not the drawer, without any knowledge of insufficiency of funds cannot be
valid cause, ordered the bank to stop presumed and no crime can be deemed to exist
payment. [Campos v. People, G.R. No. [People v. Ojeada, G.R. Nos. 104238-58
187401(2014)] (2004)]. Such notice is still necessary even for
closed accounts [Yu Oh v. CA, G.R. No.
Penalty: Imprisonment of not less than 30 days 125297 (2003)] except when the account was
but not more than one (1) year or by a fine of closed even before issuance of the check
not less than but not more than double the [Lopez v. People, G.R. No. 166810 (2008)].
amount of the check which fine shall in no case
exceed P200,000, or both such fine and Duty of Drawee; Rules of Evidence [Sec. 3,
imprisonment at the discretion of the court. BP Blg. 22]
It shall be the duty of the drawee of any check,
Elements [Sec. 1, par. 2, BP Blg. 22] when refusing to pay the same to the holder
1. Making or drawing and issuing a check thereof upon presentment, to cause to be
having sufficient funds in or credit with written, printed, or stamped in plain language
the drawee bank thereon, or attached thereto, the reason for
2. Failure to keep sufficient funds or to drawee's dishonor or refusal to pay the same:
maintain a credit to cover the full
amount of the check if presented within Provided, That where there are no sufficient
a period of ninety (90) days from the funds in or credit with such drawee bank, such
date appearing thereon fact shall always be explicitly stated in the
3. Check is dishonored by the drawee notice of dishonor or refusal.
bank.
Prima facie evidence: In all prosecutions
Penalty: Same as above. under this Act, the introduction in evidence of
any unpaid and dishonored check, having the
Note: Where the check is drawn by a drawee's refusal to pay stamped or written
corporation, company or entity, the person or thereon or attached thereto, with the reason
persons who actually signed the check in therefor as aforesaid, shall be prima facie
behalf of such drawer shall be liable. evidence of the making or issuance of said
check, and the due presentment to the drawee
for payment and the dishonor thereof, and that
Evidence of knowledge of insufficient funds
the same was properly dishonored for the
[Sec. 2, BP Blg. 22]
reason written, stamped or attached by the
General Rule: The making, drawing and
drawee on such dishonored check.
issuance of a check payment of which is
refused by the drawee because of insufficient
funds in or credit with such bank, when
presented within ninety (90) days from the date
of the check, shall be prima facie evidence of

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Distinguished from Estafa under Art. 315
2(d) [Nierras v. Dacuycuy, G.R. Nos. L59568-
76 (1990)]
B.P. Blg. 22 Art. 315, par. 2
(d)

Deceit and damage are Deceit and

not essential elements damage are
required

Mere issuance of a check No such

that is dishonored gives presumption
rise to the presumption of
knowledge on the part of
the drawer that he issued
the same without
sufficient funds and hence
punishable

Drawer of a dishonored Such

check may be convicted circumstance
even if he had issued the negate criminal
same for a pre-existing liability
obligation

Crime against public Crime against

interest as it does injury to property
the entire banking system

Mala prohibita Mala in se

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XIII. COMPREHENSIVE (f) “Pusher” – Any person who sells, trades,
administers, dispenses, delivers or gives away
DANGEROUS DRUGS ACT to another, on any terms whatsoever, or
distributes, dispatches in transit or transports
OF 2002 [R.A. 9165 AS dangerous drugs or who acts as a broker in any
AMENDED BY R.A. 10640] of such transactions, in violation of this Act.
[Sec. 3(ff), RA 9165]
Note: R.A. 9165, as amended by R.A. 10640
has repealed Book Two, Title V (Crimes ACTS PUNISHABLE UNDER R.A. 9165:
Relative to Opium and Other Prohibited Drugs)
of the RPC. 1. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
DEFINITION OF TERMS: Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential
(a) “Dangerous Drugs” (DD) – Those listed in Chemicals [Sec. 5, R.A. 9165]
the schedules annexed to the:
1. 1961 Single Convention on Narcotic Punishable Acts [ST-A-DiDeDi-T]:
Drugs, as amended by the 1972
Protocol; and Acts Elements/Definition
2. 1971 Single Convention on
Psychotropic Substances as Sale of DD There must be:
enumerated in the attached annex and/or CP/EC ● Proof that the
which is an integral part of this Act. [PP] transaction or sale took
[Sec. 3 (j), R.A. 9165] place; and
● Presentation in court
(b) “Controlled Precursors and Essential of the corpus delicti or
Chemicals” (CP & EC) – Include those listed illicit drug as evidence
in Tables I and II of the 1988 UN Convention [People v. Turemutsa,
Against Illicit Traffic in Narcotic Drugs and G.R. No. 227497, (2019)]
Psychotropic Substances as enumerated in the
attached annex, which is an integral part of this Trading Transactions involving
Act. [Sec. 3 (h), R.A. 9165] the illegal trafficking of
dangerous drugs and/or
(c) “Drug Syndicate” – Any organized group controlled precursors and
of two (2) or more persons forming or joining essential chemicals using
together with the intention of committing any electronic devices such
offense prescribed under this Act. [Sec. 3 (o), as, but not limited to, text
R.A. 9165] messages, email, mobile
or landlines, two-way
(d) “Financier” – Any person who pays for, radios, internet, instant
raises or supplies money for, or underwrites messengers and chat
any of the illegal activities prescribed under this rooms or acting as a
Act. [Sec. 3 (q), R.A. 9165] broker in any of such
transactions whether for
(e) “Protector or Coddler” – Any person who money or any other
knowingly and willfully consents to the unlawful consideration in violation
acts provided for in this Act and uses his/her of this Act. [Sec. 3 (jj), RA
influence, power or position in shielding, 9165]
harboring, screening or facilitating the escape
of any person he/she knows, or has reasonable Administrating Any act of introducing
grounds to believe on or suspects, has violated any dangerous drug
the provisions of this Act in order to prevent the into the body of any
arrest, prosecution and conviction of the person, with or without
violator. [Sec. 3(ee), RA 9165] his/her knowledge, by
injection, inhalation,
ingestion or other means,
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d. On any person who organizes,
or of committing any act
manages or acts as a “Financier” of any
of indispensable
of the illegal activities. [Sec. 5 (6), RA
assistance to a person in
9165];
administering a
dangerous drug to
2. Possession of Dangerous Drugs [Sec. 11,
himself/herself unless
R.A. 9165]
administered by a duly
licensed practitioner for
Elements: [PNF]
purposes of medication.
1. The accused is in Possession of an
[Sec. 3 (a), RA 9165]
item or object, which is Identified to be
Dispensation Any act of giving away, prohibited or regulated drug
selling or distributing 2. Such possession is Not authorized by
medicine or any law; and
dangerous drug with or 3. The accused Freely and consciously
without the use of possessed the drug [People v.
prescription. [Sec. 3 (m), Trinidad, G.R. No. 199898 (2014) citing
RA 9165] People v. Quiamanlon, G.R. No.
191198 (2011)]
Delivery Any act of knowingly
passing a dangerous Constructive Possession
drug to another, Exists when the drug is under the dominion and
personally or otherwise, control of the accused or when he has the right
and by any means, with to exercise dominion and control over the place
or without consideration. where it is found. [id.]
[Sec. 3 (k), RA 9165]
Note: Exclusive possession or control is not
Distribution – necessary. [id.]
Transportation
Presumption of Possession
Note: In the Illegal sale of DD and/or CP/EC, When prohibited and regulated drugs are found
presentation of the buy-bust money is not in a house or other building belonging to and
indispensable to the prosecution of a drug case occupied by a particular person, the
[People v. Martin, G.R. No. 193234 (2011)]. presumption arises that such person is in
possession of such drugs in violation of law,
and the fact of finding the same is sufficient to
Maximum Penalty is Imposed [100 - UVF]:
a. If the illegal activities transpire within convict [People v. Torres, G.R. No. 170837
(2006)]
100 meters from a school [Sec. 5 (3),
RA 9165];
b. Using minors or mentally incapacitated Possession is Absorbed in the Sale of DD
individuals as runners, couriers and Possession of prohibited or dangerous drugs is
messengers, or in any other capacity absorbed in the sale thereof [People v. Posada,
directly connected to the dangerous G.R. No. 196052 (2015)].
drugs and/or controlled precursors and
essential chemical trade [Sec. 5 (4), RA 3. Use of Dangerous Drugs [Sec. 15, R.A.
9165]; 9165]
c. If the Victim of the offense is a minor or
a mentally incapacitated individual, or Committed by a person apprehended or
should a dangerous drug and/or a arrested, who is found to be positive for use of
controlled precursor and essential any dangerous drug, after a confirmatory test
chemical involved in any offense herein [Sec. 15, RA 9165]
provided be the proximate cause of
death of a victim thereof [Sec. 5 (5), RA Note: Section 15 shall not be applicable where
9165]; the person tested is also found to have in
his/her possession such quantity of any
dangerous drug provided for under Section 11
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of this Act (Possession of Dangerous Drugs), or resort, employed by the maintainer,
in which case the provisions stated therein owner and/or operator where any
shall apply [id.] dangerous drug and/or controlled
precursor and essential chemical is
Confirmatory Test administered, delivered, distributed, sold
An analytical test using a device, tool or or used, with or without compensation, in
equipment with a different chemical or physical connection with the operation thereof.
principle that is more specific which will validate [Sec. 3(p), RA 9165]
and confirm the result of the screening test.
[Sec. 3 (f), RA 9165] 4. Manufacturing Dangerous Drugs
and/or Controlled Precursors and
Qualifying Aggravating Circumstances in Essential Chemicals [Sec. 8, R.A.
the Commission of a Crime by an Offender 9165]
Under the Influence of Dangerous Drugs
Notwithstanding the provisions of any law to Manufacturing
the contrary, a positive finding for the use of The production, preparation,
dangerous drugs shall be a qualifying compounding or processing of any DD
aggravating circumstance in the commission of and/or CP and EC, either directly or
a crime by an offender, and the application of indirectly or by extraction from
the penalty provided for in the Revised Penal substances of natural origin, or
Code shall be applicable [Sec. 25, RA 9165] independently by means of chemical
synthesis or by a combination of
OTHER PUNISHABLE ACTS: extraction and chemical synthesis, and
1. Importation of Dangerous Drugs shall include any packaging or
and/or Controlled Precursors and repackaging of such substances,
Essential Chemicals [Sec. 4, R.A. design or configuration of its form, or
9165] labeling or relabeling of its container
[Sec 3(u), RA 9165]
2. Maintenance of a Den, Dive, or
Resort [Sec. 6, R.A. 9165] Exception: Does not include the
preparation, compounding, packaging
Den, Dive, or Resort or labeling of a drug or other
A place where any dangerous drug substances by a duly authorized
and/or controlled precursor and practitioner as an incident to his/her
essential chemical is administered, administration or dispensation of such
delivered, stored for illegal purposes, drug in the course of his/her
distributed, sold, or used in any form. professional practice including
[Sec. 3 (l), R.A. 9165] research, teaching and chemical
analysis of dangerous drugs or such
3. Employees and Visitors of a Den, substances that are not intended for
Dive, or Resort [Sec. 7, R.A. 9165] sale or for any other purpose. [id.]

Acts Punished: [EV] Presence of CP and/or EC as Prima

a. Employment in a den, dive or Facie Evidence
resort, by an employee who is The presence of any controlled
aware of the nature of the place precursor and essential chemical or
as such; and laboratory equipment in the
b. Visiting of any person, not clandestine laboratory is a prima facie
being included in (1), who is proof of manufacture of any dangerous
aware of the nature of the place drug. [Sec. 8(3), RA 9165]
as such and shall knowingly
visit the same. Aggravating Circumstances [Sec. 8
(3), R.A. 9165]
Employee of a Den, Dive, or Resort If the clandestine laboratory is
The caretaker, helper, watchman, lookout, undertaken or established under the
and other persons working in the den, dive following circumstances [M-100-BCE]:

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a. Any phase of the Possession of such Equipment as
manufacturing process was Prima Facie Evidence of Use
conducted in the presence or The possession of such equipment,
with the help of Minor/s; instrument, apparatus and other
b. Any phase or manufacturing paraphernalia fit or intended for any of
process was established or the purposes enumerated in the
undertaken within one hundred preceding paragraph shall be prima
(100) meters of a residential, facie evidence that the possessor has
business, church or school smoked, consumed, administered to
premises; himself/herself, injected, ingested or
c. Any clandestine laboratory was used a dangerous drug and shall be
secured or protected with presumed to have violated Section 15
Booby traps; (Use of Dangerous Drugs) of this Act.
d. Any Clandestine laboratory [Sec. 12 (2), RA 9165]
was concealed with legitimate
business operations; or 8. Possession of Dangerous Drugs
e. Any Employment of a During Parties, Social Gatherings or
practitioner, chemical Meetings [Sec. 13, R.A. 9165]
engineer, public official or
foreigner Any person found possessing any
dangerous drug during a party, or
5. Illegal Chemical Diversion of at a social gathering or meeting, or in
Controlled Precursors and Essential the proximate company of at least two
Chemicals [Sec. 9, R.A. 9165] (2) persons, shall suffer the maximum
penalties provided for in Section 11 of
Chemical Diversion this Act (Possession of Dangerous
The sale, distribution, supply or Drugs), regardless of the quantity and
transport of legitimately imported, in- purity of such dangerous drugs [id.]
transit, manufactured or procured
controlled precursors and essential 9. Possession of Equipment,
chemicals, in diluted, mixtures or in Instrument, Apparatus and Other
concentrated form, to any person or Paraphernalia for Dangerous Drugs
entity engaged in the manufacture of During Parties, Social Gatherings or
any dangerous drug, and shall include Meetings or in the proximate
packaging, repackaging, labeling, company of at least 2 People [Sec.
relabeling or concealment of such 14, R.A. 9165]
transaction through fraud, destruction
of documents, fraudulent use of 10. Cultivation or Culture of Plants
permits, misdeclaration, use of front Classified as Dangerous Drugs or
companies or mail fraud. [Sec. 3(d), RA are Sources Thereof [Sec. 16, R.A.
9165] 9165]

6. Manufacturing or Delivering of 11. Failure in Maintaining and Keeping

Equipment, Instrument, Apparatus, of Original Records of Transaction
and Other Paraphernalia for on Dangerous Drugs and/or
Dangerous Drugs and/or Controlled Controlled Precursors and Essential
Precursors and Essential Chemicals Chemicals in Accordance with Sec.
[Sec. 10, R.A. 9165] 40 of R.A. 9165 [Sec. 17, R.A. 9165]

7. Possession of Equipment, 12. Unnecessary Prescription of

Instrument, Apparatus and Other Dangerous Drugs [Sec. 18, R.A.
Paraphernalis for Dangerous Drugs 9165]
[Sec. 12, R.A. 9165]
13. Unlawful Prescription of Dangerous
Drugs [Sec. 19, R.A. 9165]

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14. “Planting” of any dangerous drug provisions of Republic Act No. 6981 or the
and/or controlled precursor and Witness Protection, Security and Benefit Act of
essential chemical, regardless of 1991 [Sec. 33, RA 9165].
quantity and purity [Sec. 29, R.A.
9165] Immunity may be Enjoyed by a Witness
Who Does Not Appear to be the Most Guilty
Immunity from Prosecution [Sec. 33] Immunity may be enjoyed by an informant or
Any person shall be exempted from witness who does not appear to be most guilty
prosecution or punishment for the offense with for the offense with reference to which his/her
reference to which his/her information of information or testimony were given. Provided,
testimony were given, and may plead or prove there is no direct evidence available for the
the giving of such information and testimony in State except for the information and testimony
bar of such prosecution, when the person: of the said informant or witness. [id.]
[VIT]
a. Violated Sections 7, 11, 12, 14, 15, and Termination of the Grant of Immunity
19, Article II of this Act: The immunity granted to the informant or
b. Voluntarily gives Information about; a. witness shall not attach: [Sec. 34, RA 9165]
Any violation of Sections 4, 5, 6, 8, 10, 1. Should it turn out subsequently that the
13, and 16, Article II of this Act as well information and/or testimony is false or
as any violation of the offenses made only for the purpose of harassing or
mentioned if committed by a drug in any way prejudicing the persons
syndicate, or b. Any information leading described in the preceding Section.
to the whereabouts, identities and 2. In case an informant or witness under this
arrest of all or any of the members Act fails or refuses to testify without just
thereof; cause, and when lawfully obliged to do so,
c. Who willingly Testifies against such or should he/she violate any condition
persons accompanying such immunity as provided
above.
Conditions which must concur in order for
the person to enjoy Immunity from Note: In case the informant or witness referred
Prosecution: [NN-CMC] to under this Act falls under the applicability of
1. The information and testimony are this Section hereof, such individual cannot avail
Necessary for the conviction of the of the provisions under Article VIII of this Act
persons described above; (Program for Treatment and Rehabilitation of
2. Such information and testimony are Drug Dependents). [Sec. 34(3), RA 9165]
Not yet in the possession of the State;
3. Such information and testimony can be CHAIN OF CUSTODY RULE [SEC. 21, R.A.
Corroborated on its material points; 9165, AS AMENDED BY RA 10640]
4. the informant or witness has not been
previously convicted of a crime Chain of Custody
involving Moral turpitude, except when The duly recorded authorized movements and
there is no other direct evidence custody of seized drugs or controlled chemicals
available for the State other than the or plant sources of dangerous drugs or
information and testimony of said laboratory equipment of each stage, from the
informant or witness; and time of seizure/confiscation, to receipt in the
5. The informant or witness shall strictly forensic laboratory, to safekeeping, to
and faithfully Comply without delay, presentation in court for destruction.
any condition or undertaking, reduced [Dangerous Drugs Board Resolution No. 1,
into writing, lawfully imposed by the Series of 2002, Implementing RA 9165, Sec.
State as further consideration for the 1(b)]
grant of immunity from prosecution and
punishment. [Sec. 33(1-5), RA 9165] Procedure [Sec. 21, 9165, as amended by RA
10640]
Note: The above provision operates in spite of PDEA shall take charge and have custody of
the provisions of Section 17, Rule 119 of the all dangerous drugs, plant sources of DDs, CPs
Revised Rules of Criminal Procedure and the and ECs, as well as instruments/paraphernalia

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and/or laboratory equipment confiscated, 4. Filing of a criminal case in court;
seized and/or surrendered, for proper
disposition in the ff manner: [PP-SCFI-BCP] 5. After the filing, the Court shall, within 72
hours, conduct an ocular Inspection of
1. Apprehending team having initial the confiscated, seized and/or
custody shall conduct a physical surrendered items;
Inventory of the seized items and
Photograph the same in: 6. PDEA, within 24 hours, shall thereafter
a. The presence of the proceed with the destruction or Burning
accused or the person/s of the items, in the presence of the
from whom such items following:
were confiscated and/or a. Accused or representative or
seized; or counsel; and
b. His/her representative or b. Representative from:
counsel, with: i. Media;
i. An elected public ii. DOJ,
official; and iii. Civil society groups;
ii. Representative of the and
National Prosecution iv. Any elected public
Service or the media official.
who shall be required
to sign the copies of the 7. Sworn Certification shall be issued by
inventory and be given the Dangerous Drugs Board, as to the
a copy thereof. fact of destruction or burning of the
items. A representative sample,
Place of Conducting Inventory and however, shall be submitted to the
Photograph court having jurisdiction over the case.
a. Place where the search
warrant is served; or 8. After the Promulgation and judgment in
b. Nearest police station; or the criminal case, the representative
c. Nearest office of the sample, with leave of court and after
apprehending officer/team, informing the board of the termination
whichever is practicable, in of the case, the prosecutor shall
case of warrantless seizures. request the turn over of the
representative sample to the PDEA for
2. Submit items confiscated within 24 proper disposition and destruction
hours to the PDEA Forensic Laboratory within 24 hours from receipt.
for a qualitative or quantitative
examination; LAPSES IN PROCEDURE
Minor Lapses
3. Certification of the forensic laboratory Failure of the apprehending team to strictly
examination results, shall be issued comply with the procedure laid out in Section
immediately upon the receipt of the 21 of RA 9165 and its IRR does not ipso facto
subject item/s. render the seizure and custody over the items
as void and invalid [People v. Lim, G.R. No.
Partial Laboratory Examination 223556 (2017)].
Report – allowed to be issued
provisionally when the volume of the Two Conditions that Must be Complied with
items do not allow the completion of To Justify a Minor Procedural Lapse
testing within the time frame, stating The prosecution must satisfactorily prove that:
the quantities of dangerous drugs still i. There is Justifiable ground for
to be examined by the forensic noncompliance; and
laboratory: Provided, a final ii. The integrity and evidentiary value of
certification shall be issued the seized items are properly
immediately upon completion of the Preserved. [id.]
said examination and certification;

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Unjustified Failure to Comply Results to the
Acquittal of the Accused
Unjustified failure of the authorities to comply
with Sec. 21 raises reasonable doubt on the
authenticity of the corpus delicti [People v.
Gaa, G.R. No. 222559 (2018)].

Rationale: suffices to rebut the presumption of

regularity in the performance of official duties,
acquitting the accused from liability. [id.]

PLEA BARGAINING
Section 23 of Republic Act No. 9165 is
declared unconstitutional for being contrary to
the rule-making authority of the Supreme Court
[Estipona v. Lobrigo, G.R. No. 226679, (2017)]

Note: The SC, in the exercise of its rulemaking

power, has issued OCA Circular 90- 2018 (May
4, 2018) to enjoin the courts to comply with AM
No. 18-03-16 (Adoption of the Plea Bargaining
Framework in Drugs Cases).

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XIV. CYBERCRIME including the introduction or
transmission of viruses.
PREVENTION ACT OF 2012
[R.A. 10175] d. System Interference. — The
intentional alteration or reckless
hindering or interference with the
PUNISHABLE ACTS functioning of a computer or computer
network by inputting, transmitting,
1. Offenses against the confidentiality, damaging, deleting, deteriorating,
integrity and availability of computer data altering or suppressing computer data
and systems: or program, electronic document, or
electronic data message, without right
a. Illegal Access. – The access to the or authority, including the introduction
whole or any part of a computer system or transmission of viruses.
without right.
e. Misuse of Devices.
Access refers to the instruction, i. The use, production, sale,
communication with, storing data in, procurement, importation,
retrieving data from, or otherwise distribution, or otherwise
making use of any resources of a making available, without right,
computer system or communication of:
network. [Sec. 3(a), R.A. 10145] a. A device, including a
computer program,
Without right refers to either: (i) designed or adapted
conduct undertaken without or in primarily for the
excess of authority; or (ii) conduct not purpose of committing
covered by established legal defenses, any of the offenses
excuses, court orders, justifications, or under this Act; or
relevant principles under the law. [Sec. b. A computer password,
3(h), R.A. 10145] access code, or similar
data by which the
b. Illegal Interception. – The interception whole or any part of a
made by technical means without right computer system is
of any non-public transmission of capable of being
computer data to, from, or within a accessed with intent
computer system including that it be used for the
electromagnetic emissions from a purpose of committing
computer system carrying such any of the offenses
computer data. under this Act.
ii. The possession of an item
Interception refers to listening to, referred to in paragraphs
recording, monitoring or surveillance of 5(i)(aa) or (bb) above with
the content of communications, intent to use said devices for
including procuring of the content of the purpose of committing any
data, either directly, through access of the offenses under this
and use of a computer system or section.
indirectly, through the use of electronic
eavesdropping or tapping devices, at f. Cyber-squatting. – The acquisition of
the same time that the communication a domain name over the internet in bad
is occurring. [Sec. 3(m), R.A. 10145] faith to profit, mislead, destroy
reputation, and deprive others from
c. Data Interference. — The intentional registering the same, if such a domain
or reckless alteration, damaging, name is:
deletion or deterioration of computer i. Similar, identical, or
data, electronic document, or confusingly similar to an
electronic data message, without right, existing trademark registered
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with the appropriate 3. Content-related Offenses:
government agency at the time
of the domain name a. Cybersex. — The willful engagement,
registration: maintenance, control, or operation,
ii. Identical or in any way similar directly or indirectly, of any lascivious
with the name of a person other exhibition of sexual organs or sexual
than the registrant, in case of a activity, with the aid of a computer
personal name; and system, for favor or consideration.
iii. Acquired without right or with
intellectual property interests in b. Child Pornography. — The unlawful
it. or prohibited acts defined and
punishable by Republic Act No. 9775 or
2. Computer-related Offenses: the Anti-Child Pornography Act of
2009, committed through a computer
Computer refers to an electronic, magnetic, system: Provided, That the penalty to
optical, electrochemical, or other data be imposed shall be (1) one degree
processing or communications device, or higher than that provided for in
grouping of such devices, capable of Republic Act No. 9775.
performing logical, arithmetic, routing, or
storage functions and which includes any c. Unsolicited Commercial
storage facility or equipment or Communications. — The
communications facility or equipment directly transmission of commercial electronic
related to or operating in conjunction with such communication with the use of
device. It covers any type of computer device computer system which seek to
including devices with data processing advertise, sell, or offer for sale products
capabilities like mobile phones, smart phones, and services are prohibited unless:
computer networks and other devices i. There is prior affirmative
connected to the internet. [Sec. 3(d), R.A. consent from the recipient; or
10145] ii. The primary intent of the
communication is for service
a. Computer-related Forgery. — and/or administrative
i. The input, alteration, or announcements from the
deletion of any computer data sender to its existing users,
without right resulting in subscribers or customers; or
inauthentic data with the intent iii. The following conditions are
that it be considered or acted present:
upon for legal purposes as if it o The commercial electronic
were authentic, regardless communication contains a
whether or not the data is simple, valid, and reliable
directly readable and way for the recipient to
intelligible; reject. receipt of further
commercial electronic
Alteration refers to the messages (opt-out) from
modification or change, in form the same source;
or substance, of an existing o The commercial electronic
computer data or program. communication does not
[Sec. 3(b), R.A. 10145] purposely disguise the
source of the electronic
The act of knowingly using message; and
computer data which is the o The commercial electronic
product of computer. communication does not
purposely include
misleading information in
any part of the message in
order to induce the

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recipients to read the Search, Seizure and Examination of
message. Computer Data
Where a search and seizure warrant is properly
d. Libel. — The unlawful or prohibited issued, the law enforcement authorities shall
acts of libel as defined in Article 355 of likewise have the following powers and duties.
the Revised Penal Code, as amended, [Sec. 15, R.A. 10145]
committed through a computer system
or any other similar means which may Within the time period specified in the warrant,
be devised in the future. [Sec. 4, R.A. to conduct interception, as defined in this Act,
10145] and:
1. To secure a computer system or a
Other Offenses computer data storage medium;
i. Aiding or Abetting in the Commission of 2. To make and retain a copy of those
Cybercrime. – Any person who willfully computer data secured;
abets or aids in the commission of any 3. To maintain the integrity of the relevant
of the offenses enumerated in this Act stored computer data;
shall be held liable. 4. To conduct forensic analysis or
ii. Attempt in the Commission of examination of the computer data
Cybercrime. — Any person who storage medium; and
willfully attempts to commit any of the 5. To render inaccessible or remove
offenses enumerated in this Act shall those computer data in the accessed
be held liable. [Sec. 5 R.A. 10145] computer or computer and
communications network.
Coverage of the law; aggravating
circumstance Pursuant thereof, the law enforcement
All crimes defined and penalized by the RPC, authorities may order any person who has
as amended, and special laws, if committed by, knowledge about the functioning of the
through and with the use of information and computer system and the measures to protect
communications technologies shall be covered and preserve the computer data therein to
by the relevant provisions of this Act: provide, as is reasonable, the necessary
Provided, That the penalty to be imposed shall information, to enable the undertaking of the
be one (1) degree higher than that provided for search, seizure and examination.
by the Revised Penal Code, as amended, and
special laws, as the case may be. [Sec. 6 R.A. Law enforcement authorities may request for
10145] an extension of time to complete the
examination of the computer data storage
Double jeopardy medium and to make a return thereon but in no
A prosecution under this Act shall be without case for a period longer than thirty (30) days
prejudice to any liability for violation of any from date of approval by the court. [Sec. 15,
provision of the Revised Penal Code, as R.A. 10145]
amended, or special laws. [Sec. 7 R.A. 10145]
Custody of Computer Data
Disclosure of Computer Data All computer data, including content and traffic
Law enforcement authorities, upon securing a data, examined under a proper warrant shall,
court warrant, shall issue an order requiring within forty-eight (48) hours after the expiration
any person or service provider to disclose or of the period fixed therein, be deposited with
submit subscriber’s information, traffic data or the court in a sealed package, and shall be
relevant data in his/its possession or control accompanied by an affidavit of the law
within seventy-two (72) hours from receipt of enforcement authority executing it stating the
the order in relation to a valid complaint dates and times covered by the examination,
officially docketed and assigned for and the law enforcement authority who may
investigation and the disclosure is necessary access the deposit, among other relevant data.
and relevant for the purpose of investigation. The law enforcement authority shall also certify
[Sec. 14, R.A. 10145] that no duplicates or copies of the whole or any
part thereof have been made, or if made, that
all such duplicates or copies are included in the

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package deposited with the court. The package
so deposited shall not be opened, or the
recordings replayed, or used in evidence, or
then contents revealed, except upon order of
the court, which shall not be granted except
upon motion, with due notice and opportunity
to be heard to the person or persons whose
conversation or communications have been
recorded. [Sec. 16, R.A. 10145]

Destruction of Computer Data

Upon expiration of the periods as provided in
Sections 13 and 15, service providers and law
enforcement authorities, as the case may be,
shall immediately and completely destroy the
computer data subject of a preservation and
examination. [Sec. 17, R.A. 10145]

Exclusionary Rule
Any evidence procured without a valid warrant
or beyond the authority of the same shall be
inadmissible for any proceeding before any
court or tribunal. [Sec. 18, R.A. 10145]

Restricting or Blocking Access to

Computer Data
When a computer data is prima facie found to
be in violation of the provisions of this Act, the
DOJ shall issue an order to restrict or block
access to such computer data. [Sec. 19, R.A.
10145]

Liability under P.D. 1829

Failure to comply with the provisions of Chapter
IV (Sec. 10-19) hereof specifically the orders
from law enforcement authorities shall be
punished as a violation of Presidential Decree
No. 1829 with imprisonment of prision
correctional in its maximum period or a fine of
One hundred thousand pesos
(Php100,000.00) or both, for each and every
noncompliance with an order issued by law
enforcement authorities. [Sec. 20, R.A. 10145]

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XV. NEW ANTI- directly commits paragraph, be
the unlawful acts dismissed from the
CARNAPPING ACT OF 2016 defined in this service, and his/her
[SECS. 3 TO 4, R.A. 10883] Act or is guilty of benefits forfeited and
gross negligence shall be permanently
Carnapping is the taking, with intent to gain, of of duty or disqualified from
a motor vehicle belonging to another without connives with or holding public office.
the latter’s consent, or by means of violence permits the
against or intimidation of persons, or by using commission of
force upon things. any of the said
unlawful acts
No Bail
Any person charged with carnapping or when Penalties for Carnapping [Sec. 3, RA 10883]
the crime of carnapping is committed by
criminal groups, gangs or syndicates or by When the carnapping Imprisonment for
means of violence or intimidation of any person is committed without not less than twenty
or persons or forced upon things; or when the violence against or (20) years and one
owner, driver, passenger or occupant of the intimidation of (1) day but not
carnapped vehicle is killed or raped in the persons, or force more than thirty
course of the carnapping shall be denied bail upon things (30) years
when the evidence of guilt is strong. [Sec. 3 RA
10883] When the carnapping Imprisonment for
is committed by not less than thirty
Concealment of Carnapping [Sec. 4, RA means of violence (30) years and one
10883] against or (1) day but not
intimidation of more than forty (40)
Any person who Punished with persons, or force years
conceals imprisonment of six upon things
carnapping (6) years up to
twelve (12) years and When the owner, Life imprisonment
a fine equal to the driver, or occupant
amount of the of the carnapped
acquisition cost of the motor vehicle is
motor vehicle, motor killed or raped in the
vehicle engine, or any commission of the
other part involved in carnapping.
the violation;
Provided, That if the
person violating any
provision of this Act is
a juridical person,
the penalty herein
provided shall be
imposed on its
president, secretary,
and/or members of the
board of directors or
any of its officers and
employees who may
have directly
participated in the
violation.

Any public Shall, in addition to the

official or penalty prescribed in
employee who the preceding

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XVI. SPECIAL PROTECTION 2. Those who commit the act of sexual
intercourse of lascivious conduct
OF CHILDREN AGAINST with a child exploited in prostitution
or subject to other sexual abuse;
ABUSE, EXPLOITATION, a. Provided, That when the
AND DISCRIMINATION ACT victims is under twelve (12)
years of age, the perpetrators
[SECS. 3 (A), 5 AND 10, R.A. shall be prosecuted under
7610] Article 335, paragraph 3, for
rape and Article 336 of Act No.
Children 3815, as amended, the
Refers to person below eighteen (18) years of Revised Penal Code, for rape
age or those over but are unable to fully take or lascivious conduct, as the
care of themselves or protect themselves from case may be:
abuse, neglect, cruelty, exploitation or b. Provided, That the penalty for
discrimination because of a physical or mental lascivious conduct when the
disability or condition; [Sec. 3(a), R.A. 7610] victim is under twelve (12)
years of age shall be reclusion
Children Exploited in Prostitution and Other temporal in its medium period;
Sexual Abuse and
Children, whether male or female, who for
money, profit, or any other consideration or due 3. Those who derive profit or
to the coercion or influence of any adult, advantage therefrom, whether as
syndicate or group, indulge in sexual manager or owner of the
intercourse or lascivious conduct, are deemed establishment where the
to be children exploited in prostitution and other prostitution takes place, or of the
sexual abuse. sauna, disco, bar, resort, place of
entertainment or establishment
Punishable Acts [Sec. 5, R.A. 7610] serving as a cover or which engages
The penalty of reclusion temporal in its medium in prostitution in addition to the
period to reclusion perpetua shall be imposed activity for which the license has
upon the following: been issued to said establishment.
1. Those who engage in or promote,
facilitate or induce child prostitution
which include, but are not limited to,
the following:
a. Acting as a procurer of a child
prostitute;
b. Inducing a person to be a client
of a child prostitute by means of
written or oral advertisements
or other similar means;
c. Taking advantage of influence
or relationship to procure a
child as prostitute;
d. Threatening or using violence
towards a child to engage him
as a prostitute; or
e. Giving monetary consideration
goods or other pecuniary
benefit to a child with intent to
engage such child in
prostitution.

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Designation of the Crime & Imposable Penalty [People v. Tulagan, G.R. No. 227363, Mar. 12,
2019]
Designation of the Crime & Imposable Penalty

Age of Victim: Under 12 years old or demented 12 years old or below 18 years
18, or 18 under special old and
circumstances above

(i.e., are unable to fully

take care of themselves
or protect themselves
from abuse, neglect,
cruelty, exploitation or
discrimination because
of a physical or mental
disability or condition -
Sec. 3(a), R.A. 7610)

Crime Committed:

Acts of Lasci- Acts of Lasci-vious-ness under Lascivious conduct Not appli-

viousness Article 336 of the RPC in relation to under Section 5(b) of cable
commit-ted Section 5(b) of R.A. No. 7610: R.A. No. 7610: reclusion
against children reclusion temporal in its medium temporal in its medium
exploit-ted in period period to reclusion
prostitution or perpetua
other sexual
abuse

Sexual Assault Sexual Assault under Article 266- Lascivious Conduct Not appli-
commit-ted A(2) of the RPC in relation to under Section 5(b) of cable
against children Section 5(b) of R.A. No. 7610: R.A. No. 7610: reclusion
exploit-ted in reclusion temporal in its medium temporal in its medium
prostitution or period period to reclusion
other sexual perpetua
abuse

Sexual Inter- Rape under Article 266-A(1) of the Sexual Abuse under Not appli-
course commit- RPC: reclusion perpetua, except Section 5(b) of R.A. No. cable
ted against when the victim is below 7 years 7610: reclusion temporal
children exploit- old in which case death penalty in its medium period to
ted in prostitution shall be imposed reclusion perpetua
or other sexual
abuse Note: This is subject to R.A. No.
9346 entitled "An Act Prohibiting
the Imposition of Death Penalty in
the Philip-pines."

Rape by carnal Rape under Article 266-A(1) in Rape under Article 266- Rape under
Know-ledge relation to Art. 266-B of the RPC: A(1) in relation to Art. Article 266-
reclusion perpetua, except when 266-B of the RPC: A(1) of the
the victim is below 7 years old in reclusion perpetua RPC: reclu-
which case death penalty shall be sion perpe-
imposed tua

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Rape by Sexual Sexual Assault under Article 266- Lascivious Conduct Sexual
Assault A(2) of the RPC in relation to under Section 5(b) of Assault
Section 5(b) of R.A. No. 7610: R.A. No. 7610: reclusion under
reclusion temporal in its medium temporal in its medium Article 266-
period period to reclusion A(2) of the
perpetua RPC:
prision
mayor

Note: R.A. 11648 amends several provisions related to Rape, R.A. 7610, Crimes Against Chastity and
Crimes Against Public Morals. Notably, among others, the threshold age for statutory rape has been
adjusted to 16 years old. However, it was only approved on March 4, 2022. This is beyond the June
30, 2021 cut-off for the 2022 Bar Exam.

Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the
Child's Development. [Sec. 10, R.A. 7610]
Acts Penalty

Any person who shall commit any other acts Prision mayor in its minimum period.
of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to
the child's development including those
covered by Article 59 of Presidential Decree
No. 603, as amended, but not covered by
the Revised Penal Code, as amended

Any person who shall keep or have in his Prision mayor in its maximum period and a fine of
company a minor, twelve (12) years or under not less than Fifty thousand pesos (P50,000):
or who in ten (10) years or more his junior in
any public or private place, hotel, motel, beer Provided, That this provision shall not apply to any
joint, discotheque, cabaret, pension house, person who is related within the fourth degree of
sauna or massage parlor, beach and/or consanguinity or affinity or any bond recognized by
other tourist resort or similar places law, local custom and tradition or acts in the
performance of a social, moral or legal duty.

Any person who shall induce, deliver or offer Prision mayor in its medium period and a fine of
a minor to any one prohibited by this Act to not less than Forty thousand pesos (P40,000);
keep or have in his company a minor as
provided in the preceding paragraph Provided, however, That should the perpetrator be
an ascendant, stepparent or guardian of the minor,
the penalty to be imposed shall be prision mayor in
its maximum period, a fine of not less than Fifty
thousand pesos (P50,000), and the loss of
parental authority over the minor.

Any person, owner, manager or one Prision mayor in its medium period and a fine of
entrusted with the operation of any public or not less than Fifty thousand pesos (P50,000), and
private place of accommodation, whether for the loss of the license to operate such a place or
occupancy, food, drink or otherwise, establishment.
including residential places, who allows any
person to take along with him to such place
or places any minor herein described

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Any person who shall use, coerce, force or Prision correccional in its medium period to
intimidate a street child or any other child to; reclusion perpetua.
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug
trafficking or pushing; or
(3) Conduct any illegal activities,

Note: For purposes of this Act:

• The penalty for the commission of acts
punishable under Articles 248, 249,
262, paragraph 2, and 263, paragraph
1 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of
murder, homicide, other intentional
mutilation, and serious physical
injuries, respectively, shall be
reclusion perpetua when the victim is
under twelve (12) years of age.

• The penalty for the commission of acts

punishable under Article 337, 339, 340
and 341 of Act No. 3815, as amended,
the Revised Penal Code, for the crimes
of qualified seduction, acts of
lasciviousness with the consent of
the offended party, corruption of
minors, and white slave trade,
respectively, shall be one (1) degree
higher than that imposed by law
when the victim is under twelve (12)
years age.

• The victim of the acts committed under

this section shall be entrusted to the
care of the Department of Social
Welfare and Development.

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XVII. SWINDLING BY corporations/associations from
the general public
SYNDICATE [P.D. NO. 1689]
Estafa or Other forms of Swindling
Any person or persons who shall commit estafa
or other forms of swindling as defined in Article
315 and 316 of the Revised Penal Code, as
amended, shall be punished by:
• Life imprisonment to death if the
swindling (estafa) is committed by a
syndicate consisting of five or more
persons formed with the intention of
carrying out the unlawful or illegal act,
transaction, enterprise or scheme, and
the defraudation results in the
misappropriation of money contributed
by stockholders, or members of rural
banks, cooperative, "samahang
nayon(s)", or farmers association, or of
funds solicited by
corporations/associations from the
general public.

When not committed by a syndicate as above

defined, the penalty imposable shall be
reclusion temporal to reclusion perpetua if
the amount of the fraud exceeds 100,000
pesos.

Estafa
Syndicated Estafa under PD under
1689 Art. 315
and 316

Estafa or other forms of swindling as

defined by Art. 315 and 316 RPC was
committed

Committed by a syndicate Committe

consisting of five or more d by less
persons formed with the than five
intention of carrying the persons
unlawful or illegal
act/transaction/enterprise/sche
me

The defraudation results in the No such

misappropriation of money result
contributed by stockholders, or
members of rural banks,
cooperative, “samahang
nayon(s)”, or farmers
association, or of funds
solicited by

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