TITLE ONE

I. CRIMES AGAINST NATIONAL

SECURITY

Article 114
ELEMENTS OF TREASON:
That the offender owes allegiance to
the Government of the Philippines
That there is a war in which the
Philippines is involved
That the offender either
Levies war against the government,
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a
reasonable design
Adheres to the enemies, giving them aid
and comfort
1. breech of allegiance
2. adherence

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 3. giving aid or comfort to the enemy
Ways of proving treason:
a. 2 witnesses testifying to same overt
act
Example: X saw arms landed in La
Union and loaded into a motor vehicle.
At this stage, not sufficient to convict
yet. Y later saw the arms unloaded in a
warehouse. Will X + Y be sufficient
witnesses to convict? Answer: NO.
Because the law requires that 2
witnesses see the SAME OVERT ACT.
b. Confession of the accused in open
court. Arraignment, pre-trial, trial OK.
If he has pleaded NOT guilty already
during arraignment, he can still
confess in open court by stating the
particular acts constituting treason.
During trial, simply saying Im guilty
is not enough.

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 Withdrawing plea of not guilty
during arraignment not necessary
If during arraignment he pleads
guilty, court will ask if the accused
understands is plea. Submission of
affidavit during trial, even if assisted by
counsel is not enough.
Treason: breach of allegiance to the
government, committed by a person who
owes allegiance to it. Allegiance:
obligation of fidelity and obedience. It is
permanent or temporary depending on
whether the person is a citizen or an alien.
Evident premeditation, superior strength
and treachery are circumstances inherent
in treason, and are, therefore, not
aggravating.
Treason cannot be committed in times of
peace, only in times of war actual
hostilities. But no need for declaration of
war

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 Levying of war: a) that there be an actual
assembling of men; b) for the purpose of
executing a treasonable design by force
(deliver the country in whole or in part to
the enemy)
Not Treasonous:
a. Acceptance of public office and
discharge of official duties under the
enemy does not constitute per se the
felony of treason (exception: when it is
policy determining)
b. Serving in a puppet government
(ministerial functions) and in order to
serve the populace is NOT
treasonous. But it is treason if: a) there
is discretion involved; b) inflicts harm
on Filipinos; c) it is disadvantageous to
them.
c. Purpose of offender: to deliver the
Philippines to enemy country; if merely
to change officials not treason

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 On Citizenship
a. Filipino citizens can commit treason
outside the Philippines. But that of an
alien must be committed in the
Philippines.
b. Only Filipino citizens or permanent
resident aliens can be held liable
c. Alien: with permanent resident status
from the BID it is neither the length
of stay in the Philippines nor the
marriage with a Filipino that matters.

Treason cannot be proved by

circumstantial evidence or by extra-
judicial confession of the accused
Actual hostilities may determine the date
of the commencement of war
No such thing as attempted treason; mere
attempt consummates the crime
Giving aid or comfort material element,
enhances forces of the enemy country.

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 Acts which strengthen or tend to
strengthen the enemy in the conduct of
war against the traitors country or that
which weaken and tend to weaken the
power of the same.
Example: Financing arms procurement of
enemy country. But giving of shelter is not
necessarily giving aid and comfort.
Adherence and giving aid or comfort must
concur together. Adherence: when a
citizen intellectually or emotionally favors
the enemy and harbors convictions
disloyal to his countrys policy. But
membership in the police force during the
occupation is NOT treason.
Example: Giving information to, or
commandeering foodstuffs for the enemy.
Adherence may be proved by: (1) one
witness; (2) from the nature of the act
itself; (3) from the circumstances
surrounding the act.

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 Treason is a CONTINUING CRIME. Even
after the war, offender can be prosecuted.
If you convict a person for treason by
reason of irresistible force or
uncontrollable fear, you may use Art.12.
No treason through negligence
When killings and other common crimes
are charged as overt act of treason, they
cannot be regarded as (1) separate
crimes or (2) as complex with treason.

Article 115
CONSPIRACY TO COMMIT TREASON

ELEMENTS:
a. In time of war
b. 2 or more persons come to an
agreement to
1. levy war against the government, or
2. adhere to the enemies and to give
them aid or comfort,

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

Article 116
MISPRISION OF TREASON

ELEMENTS:

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 That the offender must be owing
allegiance to the government, and not a
foreigner
That he has knowledge of any
conspiracy (to commit treason) against
the government
That he conceals or does not
disclose and make known the same as
soon as possible to the governor or
fiscal of the province or the mayor or
fiscal of the city in which he resides
Offender is punished as an accessory to
the crime of treason
This crime does not apply if the crime of
treason is already committed
Crime of omission
To report within a reasonable time
depends on time, place and circumstance
the RPC did not fix time.
RPC states 4 individuals, what if you
report to some other high-ranking

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 government official? Ex. PNP Director?
Judge Pimentel says any govt official of
the DILG is OK.

Article 117
Espionage by entering, without authority
therefor, warship, fort, or naval or
military establishments or reservation to
obtain any information, plans,
photographs or other data of a
confidential nature relative to the
defense of the Philippines.

ELEMENTS:
a. 1. That the offender enters any of
the places mentioned therein
2 2. That he has no authority therefore;
b. That his purpose is to obtain
information, plans, photographs or other
data of a confidential nature relative to
the defense of the Philippines

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Espionage by disclosing to the
representative of a foreign nation the
contents of the articles, data, or
information referred to in paragraph 1 of
Article 117, which he had in his
possession by reason of the public
office holds

a. ELEMENTS: That the offender is a

public officer
b. That he has in his possession the
articles, data or information referred to
in par 1 of art 117, by reason of the
public office he holds
c. That he discloses their contents to a
representative of a foreign nation
Purpose: to gather data
Espionage: the offense of gathering,
transmitting, or losing information
respecting the national defense with the

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 intent or reason to believe that the
information is to be used to the injury of
the Philippines or the advantage of any
foreign nation. It is not conditioned on
citizenship.
Not necessary that Philippines is at war
with the country to which the information
was revealed. What is important is that
the information related is connected with
the defense system of the Philippines.
Wiretapping is NOT espionage if the
purpose is not something connected with
the defense
See CA 616

II. CRIMES AGAINST LAWS OF NATIONS

Article 118
INCITING TO WAR OR GIVING MOTIVES
FOR REPRISALS

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

Article 119
VIOLATION OF NEUTRALITY

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ELEMENTS:
That there is war in which the
Philippines is not involved
That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality
That the offender violates such
regulation
Govt must have declared the neutrality of
the Phil in a war between 2 other
countries
It is neutrality of the Phil that is violated
Congress has the right to declare
neutrality

Article 120
CORRESPONDENCE WITH HOSTILE
COUNTRY

ELEMENTS:

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 That it is in time of war in which the
Philippines is involved
That the offender makes
correspondence with an enemy country
or territory occupied by enemy troops
That the correspondence is either
1. prohibited by the government, or
2. carried on in ciphers or conventional
signs, or
3. containing notice or information
which might be useful to the enemy
Circumstances qualifying the offense:
1 a. notice or information might be useful to
the enemy
2 b. offender intended to aid the enemy
Hostile country exist only during hostilities
or after the declaration of war
Correspondence to enemy country
correspondence to officials of enemy
country even if related to you.

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 It is not correspondence with private
individual in enemy country
If ciphers were used, no need for
prohibition
If ciphers were not used, there is a need
for prohibition
In any case, it must be correspondence
with the enemy country
Doesnt matter if correspondence contains
innocent matters if prohibited,
punishable

Article 121
FLIGHT TO ENEMYS COUNTRY

ELEMENTS
a. That there is a war in which the
Philippines is involved
b. That the offender (Filipino or resident
alien) must be owing allegiance to the
government

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 c. That the offender attempts to flee or
go to enemy country
d. That going to enemy country is
prohibited by competent authority
Mere attempt consummates the crime
There must be a prohibition. If none, even
if went to enemy country no violation
Alien resident may be guilty here.

Article 122
PIRACY

2 Ways of Committing Piracy

By attacking or seizing a vessel on
the high seas or in the Philippine waters
(PD 532)
By seizing the whole or part of the
cargo of said vehicles, its equipment or
personal belongings of its complement
or passengers
Elements:

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 a. That a vessel is on the high
seas/Philippine waters
b. That the offenders are not members
of its complement or passengers of the
vessel
c. That the offenders
1. attack or seize that vessel or (hence, if

committed by crew or passengers, the

crime is not piracy but robbery in the
high seas)
2. seize the whole or part of the cargo of

said vessel, its equipment or personal

belongings of its complement or
passengers
High seas: any waters on the sea coast
which are without the boundaries of the
low water mark although such waters may
be in the jurisdictional limits of a foreign
govt
PD 532 has been already repealed

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 Piracy in high seas jurisdiction is with
any court where offenders are found or
arrested
Piracy in internal waters jurisdiction is
only with Philippine courts
For purpose of Anti-Fencing Law, piracy is
part of robbery and theft

Piracy Mutiny
Robbery or Unlawful resistance
forcible to a superior officer,
degradation on or the raising of
the high seas, commotion and
without lawful disturbances on
authority and board a ship against
done with animo the authority of its
furandi and in the commander
spirit and intention
of universal
hostility.
Intent to gain is an

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

Article 123
QUALIFIED PIRACY

CIRCUMSTANCES:

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

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 Murder/rape/homicide/physical injuries
must have been committed on the
passengers or complement

TITLE TWO

I. CRIMES AGAINST THE

FUNDAMENTAL LAWS OF THE STATE

Classes of Arbitrary Detention:

By detaining a person without legal
ground
Delay in the delivery of detained
persons to the proper judicial authorities
Delaying release

Article 124
ARBITRARY DETENTION

ELEMENTS:

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 a. That the offender is a public officer
or employee (whose official duties
include the authority to make an arrest
and detain persons; jurisdiction to
maintain peace and order).
b. That he detains a person (actual
restraint).
c. That the detention was without legal
grounds (cannot be committed if with
warrant).
Detention: when a person is placed in
confinement or there is a restraint on his
person.
Though the elements specify that the
offender be a public officer or employee,
private individuals who conspire with
public officers can also be liable.
Legal grounds for the detention of any
person:
a. commission of a crime

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 b. violent insanity or other ailment
requiring compulsory confinement of the
patient in a hospital
Without legal grounds:
a. he has not committed any crime or
no reasonable ground of suspicion that
he has committed a crime
b. not suffering from violent insanity or
any other ailment requiring compulsory
confinement in a hospital
Know grounds for warrantless arrest:
a. Crime is about to be, is being, has
been committed
b. Officer must have reasonable
knowledge that the person probably
committed the crime
For escaped prisoner no need for
warrant
Rolito Go v. CA is an example of arbitrary
detention (Judge Pimentel)

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 Example: Y was killed by unknown
assailant. Officers got a tip and arrested
X. X voluntarily admitted to the officers
that he did it although he was not asked.
X was detained immediately. According to
the SC, there was NO arbitrary detention.
Why? Because once X made a
confession, the officers had a right to
arrest him.
Continuing crime is different from a
continuous crime
Ramos v. Enrile: Rebels later on retire.
According to the SC, once you have
committed rebellion and have not been
punished or amnestied, then the rebels
continue to engage in rebellion, unless the
rebels renounce his affiliation. Arrest can
be made without a warrant because this is
a continuing crime.

Article 125

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DELAY IN THE DELIVERY OF DETAINED
PERSONS

ELEMENTS:
That the offender is a public officer
or employee
That he has detained a person for
some legal grounds
That he fails to deliver such person
to the proper judicial authority within:
1. 12 hours, if detained for
crimes/offenses punishable by light
penalties, or their equivalent
2. 18 hours, for crimes/offenses
punishable by correctional penalties,
or their equivalent or
3. 36 hours, for crimes/offenses
punishable by capital punishment or
afflictive penalties, or their equivalent
Really means delay in filing necessary
information or charging of person

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 detained in court. May be waived if a
preliminary investigation is asked for.
Does not contemplate actual physical
delivery but at least there must be a
complaint filed. Duty complied with upon
the filing of the complaint with the judicial
authority (courts, prosecutors though
technically not a judicial authority, for
purposes of this article, hes considered
as one.)
The filing of the information in court does
not cure illegality of detention. Neither
does it affect the legality of the
confinement under process issued by the
court.
To escape from this, officers usually ask
accused to execute a waiver which should
be under oath and with assistance of
counsel. Such waiver is not violative of
the accused constitutional right.

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 What is length of waiver? Light offense
5 days. Serious and less serious offenses
7 to 10 days. (Judge Pimentel)
Article does not apply when arrest is via a
warrant of arrest
If offender is a private person, crime is
illegal detention

Arbitrary Detention Delay in Delivery of

(124) Detained (125)
Detention is illegal Detention is legal in
from the beginning. the beginning, but
illegality starts from
the expiration of the
specified periods
without the persons
detained having been
delivered to the
proper judicial
authority.

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Article 126
DELAYING RELEASE

ELEMENTS:
a. That the offender is a public officer
or employee
b. That there is a judicial or executive
order for the release of a prisoner or
detention prisoner, or that there is a
proceeding upon a petition for the
liberation of such person
c. That the offender without good
reason delays:
1. the service of the notice of such
order to the prisoner, or
2. the performance of such judicial or
executive order for the release of the
prisoner, or
3. the proceedings upon a petition for
the release of such person

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 Three acts are punishable:
delaying the performance of a
judicial or executive order for the
release of a prisoner
delaying the service of notice of such
order to said prisoner
delaying the proceedings upon any
petition for the liberation of such person
Wardens and jailers are the persons most
likely to violate this provision
Provision does not include legislation

Article 127
EXPULSION

ELEMENTS:
a. That the offender is a public officer
or employee
b. That he expels any person from the
Philippines, or compels a person to
change his residence

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 c. That the offender is not authorized to
do so by law
2 acts punishable:
by expelling a person from the
Philippines
by compelling a person to change
his residence
(The crime of expulsion absorbs that of
grave coercion. If done by a private
person, will amount to grave coercion)
i.e.,Villavicencio v. Lukban: prostitutes
case
Does not include undesirable aliens;
destierro; or when sent to prison
If X (Filipino) after he voluntarily left, is
refused re-entry is considered forcing
him to change his address here
Threat to national security is not a ground
to expel or change his address.

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Article 128
VIOLATION OF DOMICILE

ELEMENTS:
That the offender is a public officer
or employee
That he is not authorized by judicial
order to enter the dwelling and/or to
make a search therein for papers or
other effects
That he commits any of the following
acts:
entering any dwelling against the will
of the owner thereof
searching papers or other effects
found therein without the previous
consent of such owner
refusing to leave the premises, after
having surreptitiously entered said
dwelling and after having been
required to leave the same

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 Aggravating Circumstance (medium and
maximum of penalty imposed):
a. offense committed at nighttime

b. papers or effects not constituting

evidence of a crime be not returned
immediately
If the offender who enters the dwelling

against the will of the owner thereof is a

private individual, the crime committed is
trespass to dwelling (Art 280)
When a public officer searched a person

outside his dwelling without a search

warrant and such person is not legally
arrested for an offense, the crime
committed by the public officer is grave
coercion, if violence or intimidation is used
(Art 286), or unjust vexation, if there is no
violence or intimidation (Art 287)
A public officer without a search warrant

cannot lawfully enter the dwelling against

the will of the owner, even if he knew that

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 someone in that dwelling is having
unlawful possession of opium
3 acts punishable:
a. person enters dwelling w/o consent
or against the will
b. person enters and searches for
papers and effects
c. person entered secretly and refuses
to leave after being asked to
Being authorized by law means with
search warrant, save himself or do some
things good for humanity
There must be expression that entry is
denied or that he is asked to leave
Papers and effects need not be part of a
crime.

Article 129
SEARCH WARRANTS MALICIOUSLY
OBTAINED

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ELEMENTS:
a. That the offender is a public officer
or employee
b. That he procures a search warrant
c. That there is no just cause

ABUSE IN THE SERVICE OF WARRANT

OR EXCEEDING AUTHORITY OR USING
UNNECESSARY SEVERITY IN
EXECUTING A SEARCH WARRANT
LEGALLY PROCURED

ELEMENTS:
That the offender is a public officer
or employee
That he has legally procured a
search warrant
That he exceeds his authority or
uses unnecessary severity in executing
the same

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 Search warrant is valid for 10 days from
its date
Search warrant is an order in writing
issued in the name of the People, signed
by the judge and directed to a public
officer, commanding him to search for
personal property described therein and
bring it before the court
No just cause warrant is unjustified
Search limited to what is described in
the warrant, all details must be with
particularity
Malicious warrant. Example. X was a
respondent of a search warrant for illegal
possession of firearms. A return was
made. The gun did not belong to X and
the witness had no personal knowledge
that there is a gun in that place.
Abuse examples:
a. X owner was handcuffed while
search was going-on.

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 b. Tank was used to ram gate prior to
announcement that a search will be
made
c. Persons who were not respondents
were searched

Article 130
ELEMENTS OF SEARCHING DOMICILE

WITHOUT WITNESSES:
a. That the offender is a public officer
or employee
b. That he is armed with a search
warrant legally procured
c. That he searches the domicile,
papers or other belongings of any
person
d. That the owner, or any member of
his family, or two witnesses residing in
the same locality are not present
Order of those who must witness the
search:

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 a. Homeowner
b. Members of the family of sufficient
age and discretion
c. Responsible members of the
community (cant be influenced by the
searching party)
Validity of the search warrant can be
questioned only in 2 courts: where issued
or where the case is pending. Latter is
preferred for objective determination.

Article 131
PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL
MEETINGS

ELEMENTS:
a. Offender is a public officer or
employee
b. He performs any of the ff. acts:

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 prohibiting or interrupting, without legal
ground the holding of a peaceful
meeting, or dissolving the same (e.g.
denial of permit in arbitrary manner).
hindering any person from joining any
lawful association or from attending
any of its meetings
prohibiting or hindering any person from
addressing, either alone or together with
others, any petition to the authorities for
the correction of abuses or redress of
grievances
If the offender is a private individual, the
crime is disturbance of public order (Art
153)
Meeting must be peaceful and there is no
legal ground for prohibiting, dissolving or
interrupting that meeting
Meeting is subject to regulation

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 Offender must be a stranger, not a
participant, in the peaceful meeting;
otherwise, its unjust vexation
Interrupting and dissolving a meeting of
the municipal council by a public officer is
a crime against the legislative body, not
punishable under this article
The person talking on a prohibited subject
at a public meeting contrary to agreement
that no speaker should touch on politics
may be stopped
But stopping the speaker who was
attacking certain churches in public
meeting is a violation of this article
Prohibition must be without lawful cause
or without lawful authority
Those holding peaceful meetings must
comply with local ordinances. Example:
Ordinance requires permits for meetings
in public places. But if police stops a
meeting in a private place because theres

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 no permit, officer is liable for stopping the
meeting.

Article 132
INTERRUPTION OF RELIGIOUS
WORSHIP

ELEMENTS:
a. That the officer is a public officer or

employee
b. That religious ceremonies or
manifestations of any religion are about
to take place or are going on
c. That the offender prevents or disturbs

the same
Circumstance qualifying the offense: if
committed with violence or threats
Reading of Bible and then attacking
certain churches in a public plaza is not a
ceremony or manifestation of religion, but
only a meeting of a religious sect. But if

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 done in a private home, its a religious
service
Religious Worship: people in the act of
performing religious rites for a religious
ceremony; a manifestation of religion. Ex.
Mass, baptism, marriage
X, a private person, boxed a priest while
the priest was giving homily and while the
latter was maligning a relative of X. Is X
liable? X may be liable under Art 133
because X is a private person.
When priest is solemnizing marriage, he
is a person in authority, although in other
cases, hes not.

Article 133
OFFENDING RELIGIOUS FEELINGS

ELEMENTS:
That the acts complained of were
performed

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 in a place devoted to religious feelings,
or (for this element, no need of
religious ceremony, only the place is
material)
during the celebration of any religious
ceremony
That the acts must be notoriously
offensive to the feelings of the faithful
(deliberate intent to hurt the feelings)
The offender is any person
There is a deliberate intent to hurt the
feelings of the faithful, directed against
religious tenet
If in a place devoted to religious purpose,
there is no need for an ongoing religious
ceremony
Example of religious ceremony (acts
performed outside the church).
Processions and special prayers for
burying dead persons but NOT prayer
rallies

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 Acts must be directed against religious
practice or dogma or ritual for the purpose
of ridicule, as mocking or scoffing or
attempting to damage an object of
religious veneration
There must be deliberate intent to hurt the
feelings of the faithful, mere arrogance or
rudeness is not enough

CRIME Nature Who If Element

of Crime are Missing
Liable
Prohibit Crime Public If not by
ion, against officers public
Interrup the , officer =
tion fundame Outsid tumults
and ntal law ers
Dissolu of the
tion of state
Peacef
ul

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Meetin
g (131)
Interrup Crime Public If by insider
tion of against officers = unjust
Religio the , vexation
us fundame Outsid If not
Worshi ntal law ers religious =
p (132) of the tumult or
state alarms
If not
notoriously
offensive =
unjust
vexation
Offendi Crime Public If not
ng the against officers tumults =
Religio public , alarms and
us order private scandal
Feeling person If meeting
(133) s, illegal at
outside onset =

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 rs inciting to
sedition or
rebellion

TITLE THREE
I. CRIMES AGAINST PUBLIC ORDER

Article 134
REBELLION OR INSURRECTION

ELEMENTS:
That there be
1. public uprising and
2. taking arms against the government
(force/violence)
That the purpose of the uprising or
movement is either
1. to remove from the allegiance to said
government or its laws
3 i. the territory of the Philippines or any
part thereof, or

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 4 ii. any body of land, naval or other
armed forces, or
2 To deprive the chief executive or
congress, wholly or partially, of any of
their powers or prerogatives
Persons liable for rebellion
Any person who: 1. promotes
2. maintains, or
3. heads a rebellion or
insurrection; or
Any person who, while holding any
public office or employment, takes part
therein by:
1. engaging in war against the forces of
the government
2. destroying property or committing
serious violence
3. exacting contributions or diverting
public funds from the lawful purpose
for which they have been appropriated

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 (Note: diverting public funds is
malversation absorbed in rebellion);
4. Any person merely participating or
executing the command of others in
rebellion
Success is immaterial, purpose is always
political
Rebellion used where the object of the
movement is completely to overthrow and
supersede the existing government
Insurrection refers to a movement which
seeks merely to effect some change of
minor importance to prevent the exercise
of govt authority w/ respect to particular
matters or subjects
Actual clash of arms w/ the forces of the
govt, not necessary to convict the
accused who is in conspiracy w/ others
actually taking arms against the govt

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 Purpose of the uprising must be shown
but it is not necessary that it be
accomplished
A change of government w/o external
participation
RISING PUBLICLY and TAKING ARMS
AGAINST GOVERNMENT actual
participation. If there is no public uprising,
the crime is of direct assault.
Mere giving of aid or comfort is not
criminal in the case of rebellion. Merely
sympathizing is not participation, there
must be ACTUAL participation
Not necessary that there is killing, mere
threat of removing Phil is sufficient
Rebellion cannot be complexed with any
other crime. However, illegal possession
of firearms in furtherance of rebellion is
distinct from the crime of rebellion.
Furthermore, it is a continuing crime such

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 along with the crime of conspiracy or
proposal to commit such
A private crime may be committed during
rebellion. Examples: killing, possessions
of firearms, illegal association are
absorbed. Rape, even if not in furtherance
of rebellion cannot be complexed
If killing, robbing were done for private
purposes or for profit, without any political
motivation, the crime would be separately
be punished and would not be embraced
by rebellion (People v. Fernando)
Read People v. Hernandez and Enrile v.
Salazar
Person deemed leader of rebellion in case
he is unknown:
Any person who in fact:
directed the others
spoke for them
signed receipts and other
documents issued in their name

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 performed similar acts on behalf of
the rebels

Article 134-A
COUP D ETAT

ELEMENTS:
a. Swift attack

b. Accompanied by violence, intimidation,

threat, strategy or stealth

c. Directed against:

duly constituted authorities

any military camp or installation
communication networks or public
utilities
other facilities needed for the
exercise and continued possession
of power
Singly or simultaneously carried out
anywhere in the Philippines

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 Committed by any person or persons
belonging to the military or police or
holding any public office or
employment; with or without civilian
support or participation
With or without civilian support or
participation
Purpose of seizing or diminishing
state power
Crime may be committed by a single
person, any government employee and
even by civilian
Taking up of arms not even necessary,
what is important is violence, threat,
intimidation, strategy or stealth

Treason Rebelli Coup Sedition

(114) on detat (139)
(134) (134-
A)

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Nat Crime Crime Crime Crime
u against against again against
r National Public st Public
e Security Order Public Order
Order
o
f

C
r
i
m
e
Ove levying Public See Rising
r war uprisin article publicly
t against g . or
the tumultuo
Agovt; AND usly
c Taking (caused
t OR up by more
s adheren arms than 3

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 ce and against armed
giving the men or
aid or govt provided
comfort with
to means
enemie of
s violence)
Pur Deliver See Seizin See
pos the article. g or enumera
e of govt to dimini tion in
obje enemy shing article.
ctiv during state
e war power
.

Article 135
PENALTIES

Who are liable?

a. Any person who:
Promotes

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 Maintains
heads a rebellion or insurrection
b. Any person who, while holding any
public office or employment, takes part
therein
1. engaging in war against the forces of
the govt
2. destroying property or committing
serious violence
3. exacting contributions or diverting
public funds from the lawful purpose
for which they have been appropriated
c. Any person merely participating or
executing the command of other in a
rebellion

In Government Not in Government

Service Service
Anyone who leads, Anyone who
directs, commands participates or in an
others to undertake a manner, supports,

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coup. finances, abets, aids
in a coup.
Serious violence is that inflicted upon
civilians, which may result in homicide. It
is not limited to hostilities against the
armed force.
Diverting public funds is malversation
absorbed in rebellion
Public officer must take active part
because mere silence or omission not
punishable in rebellion
It is not a defense in rebellion that
the accused never took the oath of
allegiance to, or that they never
recognized the government
Rebellion cannot be complexed with
murder and other common crimes
committed in pursuance of the
movement to overthrow the government
Killing, robbing etc for private persons or
for profit, without any political

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 motivation, would be separately
punished and would not be absorbed in
the rebellion.

Article 136
CONSPIRACY TO COMMIT REBELLION
OR INSURRECTION
ELEMENTS:
a. 2 more persons come to an
agreement to rise publicly and take
arms against the government
b. For any of the purposes of rebellion
c. They decide to commit it

PROPOSAL TO COMMIT REBELLION OR

INSURRECTION (136)
ELEMENTS:
A person who has decided to rise
publicly and take arms the government
For any of the purposes of rebellion

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 Proposes its execution to some other
person/s
Organizing a group of soldiers, soliciting
membership in, and soliciting funds for the
organization show conspiracy to
overthrow the govt
The mere fact of giving and rendering
speeches favoring Communism would not
make the accused guilty of conspiracy if
theres no evidence that the hearers then
and there agreed to rise up in arms
against the govt
Conspiracy must be immediately prior to
rebellion
If it is during the rebellion, then it is
already taking part in it.

Article 137
DISLOYALTY OF PUBLIC OFFICERS
AND EMPLOYEES

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

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Article 138
INCITING TO REBELLION OR
INSURRECTION

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

Proposal to Inciting to

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 Commit Rebellion Rebellion (138)
(136)
The person who Not required that
proposes has the offender has
decided to commit decided to commit
rebellion. rebellion.
The person who The inciting is
proposes the done publicly.
execution of the
crime uses secret
means.

Article 139
SEDITION

ELEMENTS:
That the offenders rise
1. Publicly (if no public uprising = tumult
and other disturbance of public order)
2. Tumultuously (vis--vis rebellion
where there must be a taking of arms)

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 That they employ force, intimidation,
or other means outside of legal methods
That the offenders employ any of
those means to attain any of the
following objects:
to prevent the promulgation or
execution of any law or the holding of
any popular election
to prevent the national government, or
any provincial or municipal
government, or any public thereof from
freely exercising its or his functions, or
prevent the execution of any
administrative order
to inflict any act or hate or revenge
upon the person or property of any
public officer or employee
to commit for any political or social
end, any act of hate or revenge
against private persons or any social

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 class (hence, even private persons
may be offended parties)
to despoil, for any political or social
end, any person, municipality or
province, or the national government
of all its property or any part thereof
Sedition: raising of commotion or
disturbances in the State. Its ultimate
object is a violation of the public peace or
at least such measures that evidently
engenders it.
Difference from rebellion object or
purpose of the surprising. For sedition
sufficient that uprising is tumultuous. In
rebellion there must be taking up of
arms against the government.
Sedition purpose may be either political
or social. In rebellion always political
Tumultuous caused by more than 3

persons who are armed or provided with

means of violence

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 Preventing public officers from freely
exercising their functions
In sedition offender may be a private or
public person (Ex. Soldier)
Public uprising and the object of sedition
must concur
Q: Are common crimes absorbed in
sedition? In P v. Umali, SC held that NO.
Crimes committed in that case were
independent of each other.
Preventing election through legal means
NOT sedition
But when sugar farmers demonstrated
and destroyed the properties of sugar
barons sedition
Persons liable for sedition:
a. leader of the sedition, and
b. other persons participating in the
sedition

Article 142

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INCITING TO SEDITION

ELEMENTS:
a. That the offender does not take a
direct part in the crime of sedition
b. That he incites others to the
accomplishment of any of the acts which
constitute sedition (134)
c. That the inciting is done by means of
speeches, proclamations, writing,
emblems, cartoons, banners, or other
representations tending to the same end
(purpose: cause commotion not exactly
against the government; actual
disturbance not necessary)
Different acts of inciting to sedition:
a. Inciting others to the
accomplishment of any of the acts which
constitute sedition by means of
speeches, proclamations, writings,
emblems etc.

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 b. Uttering seditious words or speeches
which tend to disturb the public peace or
writing, publishing, or circulating
scurrilous [vulgar, mean, libelous] libels
against the government or any of the
duly constituted authorities thereof,
which tend to disturb the public peace
c. Knowingly concealing such evil
practices
When punishable:
when they tend to disturb or obstruct
any lawful officer in executing the
functions of his office; or
when they tend to instigate others to
cabal and meet together for unlawful
purposes
when they suggest or incite
rebellious conspiracies or riots; or
when they lead or tend to stir up the
people against the lawful authorities or

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 to disturb the peace of the community,
the safety and order of the government

II. CRIMES AGAINST POPULAR

REPRESENTATION

Article 143
ACTS TENDING TO PREVENT THE
MEETING OF CONGRESS AND SIMILAR
BODIES

ELEMENTS:
That there be a projected or actual
meeting of Congress or any of its
committees or subcommittees,
constitutional commissions or
committees or division thereof, or of any
provincial board or city or municipal
council or board

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 That the offender who may be any
persons prevents such meeting by force
or fraud
Chief of Police and mayor who prevented
the meeting of the municipal council are
liable under Art 143, when the defect of
the meeting is not manifest and requires
an investigation before its existence can
be determined.

Article 144
DISTURBANCE OF PROCEEDINGS

ELEMENTS:
That there be a meeting of Congress
or any of its committees, constitutional
commissions or committees or divisions
thereof, or of any provincial board or city
or municipal council or board
That the offender does any of the
following acts

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 he disturbs any of such meetings
he behaves while in the presence of
any such bodies in such a manner as
to interrupt its proceedings or to impair
the respect due it
Complaint must be filed by member of the
Legislative body. Accused may also be
punished for contempt.

Article 145
VIOLATION OF PARLIAMENTARY
IMMUNITY

Acts punishable:
By using force, intimidation, threats,
or frauds to prevent any member of
Congress from
attending the meeting of the assembly
or any of its committees, constitutional
commissions or committees or
divisions thereof, or from

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 expressing his opinions or
casting his vote
By arresting or searching any
member thereof while Congress is in a
regular or special session, except in
case such member has committed a
crime punishable under the code by a
penalty higher than prision mayor
Elements:
That the offender is a public officer
or employee
That he arrests or searches any
member of Congress
That Congress, at the time of arrest
or search, is in a regular or special
session
That the member searched has not
committed a crime punishable under
the code by a penalty higher than
prision mayor (1987 constitution:
privilege from arrest while congress in

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 session in all offenses punishable by
not more than 6 years imprisonment).
Article partly inoperative because of the
1987 Constitution
.
III. ILLEGAL ASSEMBLIES AND
ASSOCIATIONS

Article 146
ILLEGAL ASSEMBLIES

Two (2) Types of illegal assemblies:

a. Meeting of the first form
Meeting, gathering or group of
persons whether in a fixed place or
moving
purpose : to commit any of crimes
punishable under the code
meeting attended by armed persons
b. Meeting of the second form

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 Meeting, gathering or group of
persons whether in a fixed place or
moving
Audience whether armed or not, is
incited to the commission of the crime
of treason, rebellion or insurrection,
sedition or direct assault.
Not all the persons present at the meeting
of the first form of illegal assembly must
be armed
Persons liable for illegal assembly
the organizers or leaders of the
meeting
persons merely present at the
meeting (except when presence is out of
curiosity not liable)
Responsibility of persons merely present
at the meeting
a. if they are not armed, penalty is
arresto mayor

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 b. if they carry arms, like bolos or
knives, or licensed firearms, penalty is
prision correccional
Presumptions if person present at the
meeting carries an unlicensed firearm:
a. purpose of the meeting is to commit acts

punishable under the RPC

b. considered as leader or organizer of the

meeting

Article 147
ILLEGAL ASSOCIATIONS

ELEMENTS:
a. Organized totally or partially for the
purpose of committing any of the crimes
in RPC
b. Or for some purpose contrary to
public morals
Persons liable:

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 founders, directors and president of
the association
mere members of the association

Illegal Assembly Illegal Association

(146) (147)
Must be an actual No need for such
meeting of armed
persons to commit
any of the crimes
punishable under
the RPC, or of
individuals who,
although not armed,
are incited to the
commission of
treason, rebellion,
sedition or assault
upon a person in
authority of his
agent.

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It is the meeting Act of forming or
and the attendanceorganizing and
at such that are membership in
punished the association
Persons liable:
Founders,
leaders and those directors,
present president and
members
IV. ASSAULT, RESISTANCE AND
DISOBEDIENCE

Article 148
DIRECT ASSAULT

ELEMENTS OF THE 1ST FORM OF

DIRECT ASSAULT
a. That the offender employs force or
intimidation.
b. That the aim of the offender is to
attain any of the purposes of the crime
of rebellion or any of the objects of the

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 crimes of sedition. (victim need not be
person in authority)
c. That there is no public uprising.
ELEMENTS OF THE 2ND FORM OF
DIRECT ASSAULT:
a. That the offender (a) makes an
attack, (b) employs force, (c) makes a
serious intimidation, or (d) makes a
serious resistance.
b. That the person assaulted is a
person in authority or his agent.
c. That at the time of the assault the
person in authority or his agent (a) is
engaged in the actual performance of
official duties (motive is not essential),
or that he is assaulted (b) by reason of
the past performance of official duties
(motive is essential).
d. That the offender knows that the one
he is assaulting is a person in authority
or his agent in the exercise of his duties

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 (with intention to offend, injure or
assault).
e. That there is no public uprising.
Always complexed with the material
consequence of the act (e.g. direct
assault with murder) except if resulting in
a light felony, in which case, the
consequence is absorbed
Hitting the policeman on the chest with fist
is not direct assault because if done
against an agent of a person in authority,
the force employed must be of serious
character
The force employed need not be serious
when the offended party is a person in
authority (ex. Laying of hands)
The intimidation or resistance must be
serious whether the offended party is an
agent only or a person in authority (ex.
Pointing a gun)

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 Force Intimidation/Re
Employed sistance
Person Need not be Serious
in serious
Authorit
y
Agent Must be of Serious
serious
character

Person in authority: any person directly

vested with jurisdiction (power or authority
to govern and execute the laws) whether
as an individual or as a member of some
court or governmental corporation, board
or commission
A barangay captain is a person in
authority, so is a Division Superintendent
of schools, President of Sanitary Division
and a teacher

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 Agent: is one who, by direct provision of
law or by election or by appointment by
competent authority, is charged with the
maintenance of public order and the
protection and security of life and
property. (Example. Barrio councilman
and any person who comes to the aid of
the person in authority, policeman,
municipal treasurer, postmaster, sheriff,
agents of the BIR, Malacaang
confidential agent)
Even when the person in authority or the
agent agrees to fight, still direct assault.
When the person in authority or the agent
provoked/attacked first, innocent party is
entitled to defend himself and cannot be
held liable for assault or resistance nor for
physical injuries, because he acts in
legitimate self-defense
There can be no assault upon or
disobedience to one authority by another

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 when they both contend that they were in
the exercise of their respective duties.
When assault is made by reason of the
performance of his duty there is no need
for actual performance of his official duty
when attacked
Circumstances qualifying the offense
(Qualified Assault):
a. when the assault is committed with a
weapon
b. when the offender is a public officer
or employee
c. when the offender lays hand upon a
person in authority
Complex crime of direct assault with
homicide or murder, or with serious
physical injuries.
Direct assault cannot be committed during
rebellion.

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Article 149
INDIRECT ASSAULT

ELEMENTS:
That a person in authority or his
agent is the victim of any of the forms of
direct assault defined in ART. 148.
That a person comes to the aid of
such authority or his agent.
That the offender makes use of force
or intimidation upon such person coming
to the aid of the authority or his agent.
Indirect assault can be committed only
when a direct assault is also committed
To be indirect assault, the person who
should be aided is the agent (not the
person in authority because it is already
direct assault, the person coming to the
aid of the person in authority being
considered as an agent and an attack on
the latter is already direct assault).

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 Example. Aiding a policeman under
attack.

Article 150
DISOBEDIENCE TO SUMMONS

Acts punishable:
a. refusing without legal excuse to obey
summons
b. refusing to be sworn or placed under
affirmation
c. refusing to answer any legal inquiry
to produce books, records etc.
d. restraining another from attending as
witness in such body
e. inducing disobedience to a summons
or refusal to be sworn

Article 151

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

SIMPLE DISOBEDIENCE (par. 2)

ELEMENTS:
That an agent of a person in
authority is engaged in the performance
of official duty gives a lawful order to the
offender.

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 That the offender disobeys such
agent of a person in authority.
That such disobedience is not of a
serious nature.

Direct Assault Resistant and

(148) Disobedience to a
Person in Authority
or Agents of such
Person (151)
PIA or his agent PIA or his agent
must be engaged must be in the
in the actual performance
performance of of his duties.
official duties or
that he is
assaulted
Direct assault is Committed by
committed in 4 resisting or seriously
ways by disobeying a PIA or
attacking, his agent.

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employing force,
and seriously
resisting a PIA or
his agent.
Use of force Use of force against
against an agent an agent of a PIA is
of PIA must be not so serious; no
serious and manifest intention to
deliberate. defy the law and the
officers enforcing it.
Article 152
PERSONS IN AUTHORITY/AGENTS OF
PERSONS IN AUTHORITY:

Persons in Authority any person directly

vested with jurisdiction, whether as an
individual or as a member of some court
or governmental corporation, board or
commission.
a. Barangay captain
b. Barangay chairman

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 c. Teachers
d. Professors
e. Persons charged with the
supervision of public or duly recognized
private schools, colleges and
universities
f. Lawyers in the actual performance of
their professional duties or on the
occasion of such performance
Agent of Person in Authority any person
who, by direct provision of law or by
election or by appointment by competent
authority, is charged with the maintenance
of public order and the protection and
security of life and property.
a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. Any person who comes to the aid of
persons in authority

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 Section 388 of the Local Govt Code
provides that for purposes of the RPC,
the punong barangay, sangguniang
barangay members and members of the
lupong tagapamayapa in each barangay
shall be deemed as persons in authority in
their jurisdictions, while other barangay
officials and members who may be
designated by law or ordinance and
charged with the maintenance of public
order, protection and the security of life,
property, or the maintenance of a
desirable and balanced environment, and
any barangay member who comes to the
aid of persons in authority shall be
deemed AGENT of persons in authority.

V. CRIMES AGAINST PUBLIC

DISORDERS

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Article 153

TYPES OF TUMULTS AND OTHER

DISTURBANCES OF PUBLIC ORDER:
Causing any serious disturbance in a
public place, office or establishment
Interrupting or disturbing public
performances, functions, gatherings or
peaceful meetings, if the act is not
included in Art 131 and 132 (Public
Officers interrupting peaceful meetings
or religious worship).
Making any outcry tending to incite
rebellion or sedition in any meeting,
association or public place
Displaying placards or emblems which
provoke a disturbance of public order in
such place
Burying with pomp the body of a person
who has been legally executed.

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 If the act of disturbing or interrupting a
meeting or religious ceremony is NOT
committed by public officers, or if
committed by public officers they are not
participants therein, this article applies.
Art 131 and 132 punishes the same acts if
committed by public officers who are NOT
participants in the meeting
The outcry is merely a public disorder if it
is an unconscious outburst which,
although rebellious or seditious in nature,
is not intentionally calculated to induce
others to commit rebellion or sedition,
otherwise, its inciting to rebellion or
sedition.
Tumultuous if caused by more than 3
persons who are armed or provided with
means of violence (circumstance
qualifying the disturbance/interruption)
tumultuous in character

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Article 154
TYPES OF UNLAWFUL USE OF
MEANS OF PUBLICATION AND
UNLAWFUL UTTERANCES:
a. Publishing or causing to be published,
by means of printing, lithography or any
other means of publication as news any
false news which may endanger the
public order, or cause damage to the
interest or credit of the State.
b. Encouraging disobedience to the law
or to the constituted authorities or by
praising, justifying or extolling any act
punished by law, by the same means or
by words, utterances or speeches
c. Maliciously publishing or causing to be
published any official resolution or
document without proper authority, or

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 before they have been published
officially
d. Printing, publishing or distributing or
(causing the same) books, pamphlets,
periodicals or leaflets which do not bear
the real printers name or which are
classified as anonymous.

Article 155
TYPES OF ALARMS AND SCANDALS:

a. Discharging any firearm, rocket,

firecracker, or other explosive within any
town or public place, calculated to cause
alarm or danger
b. Instigating or taking active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to
public tranquility
c. Disturbing the public peace while
wandering about at night or while

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 engaged in any other nocturnal
amusement
d. Causing any disturbance or scandal in
public places while intoxicated or
otherwise, provided the act is not
covered by Art 153 (tumult).
Charivari mock serenade or discordant
noises made with kettles, tin horns etc,
designed to deride, insult or annoy
Firearm must not be pointed at a person,
otherwise, it is illegal discharge
What governs is the result, not the intent

CRIME Nature of Who are

Crime Liable
Tumults and Crime against Private
other Public Order persons,
Disturbance outsider
s (153)
Alarms and Crime against Private
Scandals Public Order persons,

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(155) outsider

Article 156
ELEMENTS OF DELIVERING
PRISONERS FROM JAILS:
That there is a person confined in a jail
or penal establishment.
That the offender removes therefor
such person, or helps the escape of
such person (if the escapee is serving
final judgement, he is guilty of evasion
of sentence).
Offender is a private individual
Prisoner may be detention prisoner or one
sentenced by virtue of a final judgment
A policeman assigned to the city jail as
guard who while off-duty released a
prisoner is liable here
It may be committed through negligence

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 Circumstances qualifying the offense is
committed by means of violence,
intimidation or bribery.
Mitigating circumstance if it takes place
outside the penal establishment by taking
the guards by surprise

VI. EVASION OF SENTENCE OR

SERVICE

Article 157
ELEMENTS OF EVASION OF SERVICE
OF SENTENCE:
a. That the offender is a convict by final
judgment.
b. That he is serving his sentence
which consists in deprivation of liberty
(destierro included)
c. That he evades the service of his
sentence by escaping during the term

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 if his sentence. (fact of return
immaterial).
A continuing offense.
Offenders not minor delinquents nor
detention prisoners
If escaped within the 15 day appeal period
no evasion
No applicable to deportation as the
sentence
Flimsy excuse for violating destierro not
acceptable
Circumstances qualifying the offense
(done thru):
unlawful entry (by scaling)
breaking doors, windows, gates,
walls, roofs or floors
using picklocks, false keys, disguise,
deceit, violence or intimidation
connivance with other convicts or
employees of the penal institution

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Article 158
ELEMENTS OF EVASION OF SERVICE
OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS,
EARTHQUAKES OR OTHER
CALAMITIES:
That the offender is a convict by final
judgement who is confined in a penal
institution.
That there is disorder, resulting from-
1. conflagration,
2. earthquake,
3. explosion,
or
4. similar
catastrophe, or
5. mutiny in
which he has not participated.
That the offender evades the service
of his sentence by leaving the penal
institution where he is confined, on the

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

Article 159
VIOLATION OF CONDITIONAL PARDON

ELEMENTS:

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

VIOLATION OF ORDINARY
PARDON EVASION
Infringement of To evade the
conditions/terms penalty given by
of President the courts
disturbs the public
order

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 Two penalties provided:
a. prision correccional in its minimum
period if the penalty remitted does not
exceed 6 years
b. the unexpired portion of his original
sentence if the penalty remitted is
higher than 6 years

VII. COMMISSION OF ANOTHER CRIME

Article 160
COMMISSION OF ANOTHER CRIME
DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS
OFFENSE-PENALTY: (quasi-recidivism)

ELEMENTS

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 That the offender was already
convicted by final judgement of one
offense.
That he committed a new felony
before beginning to serve such
sentence or while serving the same.
Quasi-recidivism : a person after having
been convicted by final judgement shall
commit a new felony before beginning to
serve such sentence, or while serving the
same.
Second crimes must belong to the RPC,
not special laws. First crime may be either
from the RPC or special laws
Reiteracion: offender shall have served
out his sentence for the prior offense
A quasi-recidivist may be pardoned at age
70. Except: Unworthy or Habitual
Delinquent
If new felony is evasion of sentence
offender is not a quasi-recidivist

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 Penalty: maximum period of the penalty
for the new felony should be imposed
(mitigating circumstance can only be
appreciated if the maximum is divisible)
Quasi-Recidivism may be offset by a
special privileged mitigating circumstance
(ex. Minority)

TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST

Article 161
TYPES OF COUNTERFEITING GREAT
SEAL OF GOVERNMENT:
a. Forging the great seal of the
Government
b. Forging the signature of the
President
c. Forging the stamp of the President

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 When the signature of the President is
forged, it is not falsification but forging of
signature under this article
Signature must be forged, others signed it
not the President.

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

Article 163

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 ELEMENTS OF MAKING AND
IMPORTING AND UTTERING FALSE
COINS:
That there be false or counterfeited
coins (need not be legal tender).
That the offender either made,
imported or uttered such coins.
That in case of uttering such false or
counterfeited coins, he connives with
counterfeiters or importers.
Coin is counterfeit if it is forged, or if it is
not an article of the government as legal
tender, regardless if it is of no value
Counterfeiting imitation of legal or
genuine coin (may contain more silver,
different design) such as to deceive an
ordinary person in believing it to be
genuine
Utter to pass counterfeited coins, deliver
or give away
Import to bring to port the same

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 Both Philippine and foreign state coins
Applies also to coins withdrawn from
circulation
Essence of article: making of coins
without authority
Article 164
ELEMENTS OF MULTILATION OF
COINS IMPORTATION AND
UTTERANCE:
This has been repealed by PD 247. Under
this PD, the acts punishable are:
a. willful defacement
b. mutilation
c. tearing
d. burning
e. destruction of Central
Bank notes and coins
Mutilation to take off part of the metal
either by filling it or substituting it for
another metal of inferior quality, to

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 diminish by inferior means (to diminish
metal contents).
Foreign notes and coins not included.
Must be legal tender.
Must be intention to mutilate.

Article 165
SELLING OF FALSE OR MUTILATED
COIN, WITHOUT CONNIVANCE

2 Types
Possession of coin, counterfeited or
mutilated by another person, with
intent to utter the same, knowing that it
is false or mutilated.
ELEMENTS:
possession
with intent to utter, and
knowledge

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 Actually uttering such false or
mutilated coin, knowing the same to
be false or mutilated.
ELEMENTS:
actually uttering, and

knowledge.

Possession does not require legal tender

in foreign coins
Includes constructive possession
Read RA 427

Article 166
FORGING TREASURY OR BANK NOTES
IMPORTING AND UTTERING

Acts punishable:
Forging or falsity of treasury/bank
notes or documents payable to bearer
Importing of such notes

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 Uttering of such false or forged
obligations and notes in connivance
with forgers and importers
Forging by giving a treasury or bank
note or document payable to bearer/order
an appearance of a true and genuine
document
Falsification by erasing, substituting,
counterfeiting or altering by any means
the figures and letters, words, signs
contained therein
E.g. falsifying lotto or sweepstakes
ticket. Attempted estafa through
falsification of an obligation or security of
the Phil
PNB checks not included here its
falsification of commercial document
under Article 172
Obligation or security includes: bonds,
certificate of indebtedness, bills, national
bank notes, coupons, treasury notes,

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 certificate of deposits, checks, drafts for
money, sweepstakes money

Article 167
ELEMENTS OF COUNTERFEITING,
IMPORTING, AND UTTERING
INSTRUMENTS NOT PAYABLE TO
BEARER:
That there be an instrument payable
to order or other document of credit
not payable to bearer.
That the offender either forged,
imported or uttered such instruments.
That in case of uttering, he connived
with the forger or importer.
Article 168
ELEMENTS OF ILLEGAL POSSESSION
AND USE OF FALSE TREASURY OR
BANK NOTES AND OTHER
INSTRUMENT OF CREDIT:

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 a. That any treasury or bank note or
certificate or other obligation and
security payable to bearer, or any
instrument payable to order or other
document of credit not payable to
bearer is forged or falsified by another
person.
b. That the offender knows that any of
those instruments is forged or falsified.
c. That he performs any of these acts

using any of such forged or falsified
instrument, or
possessing with intent to use any of
such forged or falsified instrument.
Act sought to be punished: Knowingly
possessing with intent to use any of such
forged treasury or bank notes

Article 169
FORGERY

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

Article 170
ELEMENTS OF FALSIFICATION OF
LEGISLATIVE DOCUMENTS:
a. That these be a bill, resolution or
ordinance enacted or approved or
pending approval by the national
assembly or any provincial board or
municipal council.

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 b. That the offender (any person) alters
the same.
c. That he has no proper authority
therefor.
d. That the alteration has changed the
meaning of the document.
Accused must not be a public official
entrusted with the custody or possession
of such document otherwise Art 171
applies .

Article 171
FALSIFICATION OF DOCUMENTS BY
PUBLIC OFFICER, EMPLOYEE, OR
NOTARY OR ECCLESTASTICAL
MINISTER

ELEMENTS:
That the offender is a public officer,
employee, or notary public.

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 That he takes advantage of his official
position.
That he falsifies a document by
committing any of the following acts:
1. Counterfeiting or imitating any
handwriting, signature or rubric.
Requisites:
i. That there be an intent to imitate,
or an attempt to imitate
ii. That the two signatures or
handwritings, the genuine and the
forged, bear some resemblance, to
each other
(lack of similitude/imitation of a
genuine signature will not be a
ground for conviction under par. 1
but such is not an impediment to
conviction under par. 2)
2. Causing it to appear that persons
have participated in any act or

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 proceeding when they did not in fact
so participate.
3. Attributing to persons who have
participated in an act or proceeding
statements other than those in fact
made by them.
Requisites:
i. That the offender caused it to
appear in a document that a
person/s participated in an act or a
proceeding; and
ii. That such person/s did not in fact
so participate in the act or
proceeding
4. Making untruthful statements in a
narration of facts;
Requisites:
i. That the offender makes in a
document statements in a narration
of facts

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 ii. That he has a legal obligation to
disclose the truth of the facts
narrated by him; (required by law to
be done) and
iii. That the facts narrated by the
offender are absolutely false; and
iv. That the perversion or truth in the
narration of facts was made with
the wrongful intent of injuring a
third person
There must be a narration of facts,
not a conclusion of law. Must be on a
material matter
Legal obligation means that there is
a law requiring the disclosure of the
truth of the facts narrated. Ex.
Residence certificates
The person making the narration of
facts must be aware of the falsity of
the facts narrated by him. This kind

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 of falsification may be committed by
omission
5. Altering true dates. date must be
essential
6. Making any alteration or intercalation
in a genuine document which changes
its meaning.
Requisites:
That there be an alteration
(change) or intercalation (insertion)
on a document
That it was made on a genuine
document
That the alteration/intercalation
has changed the meaning of the
document
That the change made the
document speak something false.
7. Issuing in an authenticated form a
document purporting to be a copy of
an original document when no such

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 original exists, or including in such
copy a statement contrary to, or
different from, that of the genuine
original; (if no knowledge, falsification
through negligence) or
8. Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry, or official book.
(genuine document)
In case the offender is an
ecclesiastical minister, the act of
falsification is committed with respect to
any record or document of such
character that its falsification may affect
the civil status of persons.
There is no crime of attempted or
frustrated falsification of public document
Persons liable public officer, employee
or notary public or ecclesiastical minister
If offender does not take advantage of his
public position, he may still be liable for

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 falsification of documents by a private
person
Document: any written statement by
which a right is established or an
obligation is extinguished
Not necessary that what is falsified is a
genuine or real document, enough that it
gives an appearance of a genuine article
Counterfeiting imitating any handwriting,
signature or rubric
Feigning simulating a signature,
handwriting, or rubric out of one of which
does not in fact exist

Article 172
FALSIFICATION OF PUBLIC, OFFICIAL,
OR COMMERCIAL DOCUMENT BY A
PRIVATE INDIVIDUAL (par 1)
ELEMENTS
That the offender is a private individual
or a public officer or employee who did

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 not take advantage of his official
position.
That he committed any of the acts of
falsification enumerated in ART. 171.
1. Counterfeiting or imitating any
handwriting, signature or rubric.
2. Causing it to appear that persons
have participated in any act or
proceeding when they did not in fact
so participated.
3. Attributing to persons who have
participated in an act or proceeding
statements other than those in fact
made by them.
4. Making untruthful statements in a
narration of facts;
5. Altering true dates.
6. Making any alteration or intercalation
in a genuine document which changes
its meaning.

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 That the falsification was committed in
any public or official or commercial
document.
Under this paragraph, damage is not
essential, it is presumed
Defense: lack of malice or criminal intent
The following writings are public:
a. the written acts or records of cats of
the sovereign authority of official bodies
and tribunals, and of the public officers,
legislative, judicial and executive,
whether of the Philippines or of a foreign
country.
b. Public records kept in the
Philippines.
Examples of commercial documents
warehouse receipts, airway bills, bank
checks, cash files, deposit slips and bank
statements, journals, books, ledgers,
drafts, letters of credit and other
negotiable instruments

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 Cash disbursement vouchers or receipts
evidencing payments are not commercial
documents
A mere blank form of an official document
is not in itself a document
The possessor of falsified document is
presumed to be the author of the
falsification

FALSIFICATION UNDER PARAGRAPH 2

OF ART. 172. OF PRIVATE DOCUMENT
ELEMENTS :
a. That the offender committed any of
the acts of falsification, except those in
paragraph 7 and 8, enumerated in art.
171.
b. That the falsification was committed
in any private document (must affect the
truth or integrity of the document)
c. That the falsification caused damage
(essential element; hence, no crime of

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 estafa thus falsification of private
document) to a third party or at least the
falsification was committed with intent to
cause such damage.
Not necessary that the offender profited or
hoped to profit from the falsification
A document falsified as a necessary
means to commit another crime must be
public, official or commercial
There is no complex crime of estafa
through falsification of a private document
because the immediate effect of the latter
is the same as that of estafa
If the estafa was already consummated at
the time of the falsification of a private
document was committed for the purpose
of concealing the estafa, the falsification is
not punishable, because as regards the
falsification of the private document there
was no damage or intent to cause
damage.

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 A private document may acquire the
character of a public document when it
becomes part of an official record and is
certified by a public officer duly authorized
by law
The crime is falsification of public
documents even if falsification took place
before the private document becomes
part of the public records

USE OF FALSIFIED DOCUMENT (par. 3,

art. 172)
ELEMENTS:

a. Introducing in a judicial proceeding:

1. That the offender knew that a
document was falsified by another
person.
2. That the false document is embraced
in art. 171 or in any subdivisions nos.
1 and 2 of art. 172.

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 3. That he introduced said document in
evidence in any judicial proceeding.
(intent to cause damage not
necessary)
b. Use in any other transaction
1. that the offender knew that a
document was falsified by another
person.
2. That the false document is embraced

in art. 171 or in any of subdivisions

nos. 1 and 2 of art. 172.
3. That he used such documents (not in

judicial proceedings).
4. That the use of the documents caused

damage to another or at least was

used with intent to cause such
damage.
The user of the falsified document is
deemed the author of falsification, if:
the use is so closely connected in
time with the falsification

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 the user had the capacity of falsifying
the document

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

Article 173
FALSIFICATION OF WIRELESS, CABLE,
TELEGRAPH, AND TELEPHONE
MESSAGES, AND USE OF SAID
FALSIFIED MESSAGES

Acts punishable:

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

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 officer or employee of a private
corporation, engaged in the service
of sending or receiving wireless,
cable or telephone message.
b. That the accused commits any of
the following acts:
- uttering fictitious wireless, cable,
telegraph, or telephone message,
or
- falsifying wireless, cable, telegraph,
or telephone message
3. Using such falsified message
Requisites:
a. That the accused knew that
wireless, cable, telegraph, or
telephone message was falsified by
any of the person specified in the
first paragraph of art. 173.
b. That the accused used such
falsified dispatch.

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 c. That the use of the falsified
dispatch resulted in the prejudice of
a third party, or that the use thereof
was with intent to cause such
prejudice.
The public officer, to be liable must be
engaged in the service of sending or
receiving wireless, cable and telegraph or
telephone message

Article 174
FALSIFICATION OF MEDICAL
CERTIFICATES, CERTIFCATES OF
MERIT OR SERVICE AND THE LIKE:
Persons liable:
a. Physician or surgeon who, in connection

with the practice of his profession,

issued a false certificate (note: such
certificate must refer to the illness or
injury of a person)

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 b. Public officer who issued a false
certificate of merit of service, good
conduct or similar circumstances
c. Private individual who falsified a
certificate under (1) and (2)

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

Article 176

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MANUFACTURING AND POSSESSION
OF INTRUMENTS OR IMPLEMENTS FOR
FALSIFICATION:

Acts punishable:
Making or introducing into the
Philippines any stamps, dies or marks
or other instruments or implements for
counterfeiting or falsification
Possessing with intent to use the
instruments or implements for
counterfeiting or falsification made in
or introduced into the Philippines by
another person
The implement confiscated need not form
a complete set
Constructive possession is also punished

II. OTHER FALSITIES

Article 177

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USURPATION OF AUTHORITY OR
OFFICIAL FUNCTIONS:

2 ways of committing the crime:

By knowingly and falsely
representing oneself to be an officer,
agent or representative of any
department or agency of the Philippine
govt or any foreign govt.
By performing an act pertaining to
any person in authority or public officer
of the Phil govt or foreign govt under
the pretense of such official position,
and without being lawfully entitled to
do so.
In usurpation of authority: The mere act of
knowingly and falsely representing
oneself is sufficient. Not necessary that
he performs an act pertaining to a public
officer.

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 In usurpation of official functions: It is
essential that the offender should have
performed an act pertaining to a person in
authority
A public officer may also be an offender
The act performed without being lawfully
entitled to do so must pertain:
a. to the govt
b. to any person in authority
c. to any public office

Article 178
USING FICTITIOUS NAME AND
CONCEALING TRUE NAME
ELEMENTS (using fictitious name) :
a. That the offender uses a name other
than his real name.
b. That he uses that fictitious name
publicly.
c. That the purpose of the offender is
1. To conceal a crime,

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 2. To evade the execution of a
judgment, or
3. To cause damage to public
interest. (ex. Signing fictitious name
for a passport)
ELEMENTS (concealing true name):
a. that the offender conceals
1. his true name, and
2. all other personal circumstances.
b. that the purpose is only to conceal
his identity.

Use of Fictitious Concealing True

Name (178) Name (178)
Element of publicity Publicity not
must be present necessary
Purpose is to Purpose is to
conceal a crime, to conceal identity
evade the execution
of a judgement, or to
cause damage

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

Article 180
ELEMENTS OF FALSE TESTIMONY
AGAINST A DEFENDANT:
a. That there be a criminal proceeding.

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 b. That the offender testifies falsely under
oath against the defendant therein.
c. That the offender who gives false
testimony knows that it is false.
d. That the defendant against whom the
false testimony is given is either
acquitted or convinced in a final
judgment (prescriptive period starts at
this point)
Requires criminal intent, cant be
committed through negligence. Need not
impute guilt upon the accused
The defendant must at least be sentenced
to a correctional penalty or a fine or must
have been acquitted
The witness who gave false testimony is
liable even if the court did not consider his
testimony
Penalty is dependent upon sentence
imposed on the defendant

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

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

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

2 ways of committing perjury:

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 a. by falsely testifying under oath
b. by making a false statement
Subornation of perjury: procures another
to swear falsely. Solemn affirmation:
refers to non-judicial proceedings and
affidavits
A false affidavit to a criminal complaint
may give rise to perjury
A matter is material when it is directed to
prove a fact in issue
A competent person authorized to
administer an oath means a person who
has a right to inquire into the questions
presented to him upon matters under his
jurisdiction
There is no perjury through negligence or
imprudence since the assertion of
falsehood must be willful and deliberate
Even if there is no law requiring the
statement to be made under oath, as long

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 as it is made for a legal purpose, it is
sufficient
Perjury is an offense which covers false
oaths other than those taken in the course
of judicial proceedings
False testimony before the justice of the
peace during the P.I. may give rise to the
crime of perjury because false testimony
in judicial proceedings contemplates an
actual trial where a judgment of conviction
or acquittal is rendered
A person who knowingly and willfully
procures another to swear falsely commits
subornation of perjury and the witness
suborned does testify under
circumstances rendering him guilty of
perjury.
The false testimony is not in a judicial
proceeding

Article 184

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 ELEMENTS OF OFFERING FALSE
TESTIMONY IN EVIDENCE:
That the offender offered in evidence a
false witness or false testimony.
That he knew the witness or the
testimony was false.
That the offer was made in a judicial or
official proceeding.
Article applies when the offender without
inducing another, but knowing him to be a
false witness, presented him and the latter
testified falsely in a judicial or official
proceeding
The false witness need not be convicted
of false testimony. The mere offer is
sufficient.

III. FRAUDS

Article 185

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 ELEMENTS OF MACHINATIONS IN
PUBLIC AUCTION:
a That there be a public auction.
b That the accused solicited any gift or a
promise from any of the bidders.
c That such gifts or promise was the
consideration for his refraining from
taking part in that public auction.
d That the accused had the intent to
cause the reduction of the price of the
thing auctioned.
ELEMENTS OF ATTEMPTING TO
CAUSE BIDDERS TO STAY AWAY:
a That there be a public auction.
b That the accused attempted to cause
the bidders to stay away from that public
auction
c That it was done by threats, gifts,
promises, or any other artifice.

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

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

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 - By monopolizing any merchandise or
object of trade or commerce, by
combining with any person or persons to
monopolize said merchandise or object
in order to alter the prices thereof by
spreading false rumors or making use of
any other artifice to restrain free
competition in the market
d. Manufacturer, producer or processor
or importer combining, conspiring or
agreeing with any person to make
transactions prejudicial to lawful
commerce or to increase the market
price of the merchandise.
Person/s liable:
manufacturer
producer
processor
importer
Crime is committed by:
a. combining

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 b. conspiring
c. agreeing with another person
The purpose is:
a. to make transactions prejudicial to
lawful commerce
b. to increase the market price of any
merchandise or object of commerce
manufactured, produced, processed,
assembled or imported into the Phil
Also liable as principals:
a. corporation/association
b. agent/representative
c. director/manager who willingly
permitted or failed to prevent
commission of above offense
Aggravated if items are:
food substance
motor fuel or lubricants
goods of prime necessity

Article 187

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 ELEMENTS OF IMPORTATION AND
DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE
OF GOLD, SILVER, OR OTHER
PRECIOUS METALS OR THEIR
ALLOYS:
a That the offender imports, sells or
disposes of any of those articles or
merchandise.
b That the stamps, brands, or marks or
those articles or merchandise fails to
indicate the actual fineness or quality of
said metals or alloys.
c That the offender knows that the said
stamp, brand, or mark fails to indicate
the actual fineness or quality of the
metals or alloys.

Article 188

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SUBSTITUTING ALTERING TRADE-
MARK, TRADENAME, OR SERVICE
MARK

Acts punishable:
a By (a) substituting the trade name (t/n)
or trademark (t/m) of some other
manufacturer or dealer or a colorable
imitation thereof, for the t/n or t/m of the
real manufacturer or dealer upon any
article of commerce and (b) selling the
same.
b By selling or by offering for sale such
article of commerce, knowing that the t/n
or t/m has been fraudulently used
c By using or substituting the service mark
of some other person, or a colorable
imitation of such marks, in the sale or
advertising of services
d By printing, lithographing or reproducing
t/n, t/m or service mark of one person,

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 or a colorable limitation thereof, to
enable another person to fraudulently
use the same, knowing the fraudulent
purpose for which it is to be used.
Article 189
UNFAIR COMPETITION, FRAUDULENT
REGISTRATION OF TRADENAME,
TRADEMARK SERVICE MARK,
FRAUDULENT DESIGNATION OF
ORIGIN, AND FALSE DESCRIPTION

Acts punished:
a Unfair competition by selling his goods,
giving them the general appearance of
the goods of another manufacturer or
dealer
b Fraudulent designation of origin; false
description by (a) affixing to his goods or
using in connection with his services a
false designation of origin; or any false

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 description or representation, and (b)
selling such goods or services
c Fraudulent registration by procuring
fraudulently from the patent office the
registration of t/m, t/m or service mark.
ELEMENTS:
That the offender gives his goods the
general appearance of the goods of
another manufacturer or dealer
That the general appearance is shown
in the (a) goods themselves, or in the (b)
wrapping of their packages, or in the (c)
device or words therein, or in (d) any
other feature of their appearance
That the offender offers to sell or sells
those goods or gives other persons a
chance or opportunity to do the same
with a like purpose.
That there is actual intent to deceive the
public or defraud a competitor.

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 TITLE FIVE
CRIMES RELATED TO OPIUM AND
OTHER PROHIBITED DRUGS (190-194)

THE DANGEROUS DRUGS ACT OF 1972

(RA No. 6425, as amended)

I. Acts Punishable:
importation of prohibited drugs
sale, administration, delivery,
distribution and transportation of
prohibited drugs
maintenance of a den, dive or resort
for prohibited drug users
being employees or visitors of drug
den
manufacture of prohibited drugs
possession or use
cultivation of plants

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 failure to comply with provisions
relative to keeping of records of
prescription
unnecessary prescription
possession of opium pipe and other
paraphernalia
Importation, sale, etc. of regulated
drugs

Importation of prohibited/regulated drugs.

Sale, administration, delivery, distribution
and transaction of prohibited/regulated
drugs.
Qualifying Circumstances if the victim of
the offense is a minor or should a
prohibited/regulated drug involve in any
offense under this section be the
proximate cause of the death of a victim
thereof, the maximum penalty herein shall
be imposed.

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 Maintenance of a den, dive, or resort for
prohibited/regulated drug users.
Qualifying Circumstance where a
prohibited/regulated drug is administered,
delivered, or sold to a minor who is
allowed to use the same in such place, or
should a prohibited drug be the proximate
cause of the death of the person using the
same in such den, dive or resort, the
maximum of the penalty shall be imposed.
Manufacture of prohibited/regulated
drugs.
Possession of prohibited/regulated drugs.
Cultivation of plants which are sources of
prohibited drugs.
a Note: The land/portions thereof and/or
greenhouses in which any of the said
plants is cultivated or cultured shall be
confiscated and escheated to the State,
unless the owner thereof can prove that
he did not know of such cultivation or

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 culture despite the exercise of due
diligence on his part.
b Qualifying Circumstance if the land
involved is part of the public domain, the
maximum of the penalty herein provided
shall be imposed.
Failure to keep records of prescription,
sales, purchases, acquisitions and/or
deliveries of prohibited/regulated drugs
Persons liable:
Pharmacist, Physician, Dentist,
Veterinarian, Manufacturer, Wholesaler,
Importer, Distributor, Dealer, Retailer
Unlawful prescription of
prohibited/regulated drugs
Unnecessary prescription of
prohibited/regulated drugs
Persons Liable: Physician or dentist who
shall prescribe any prohibited/regulated
drug for any person whose

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 physical/physiological condition does not
require the use of thereof.
Possession of opium pipe, equipment,
apparatus or any paraphernalia fit or
intended for smoking, consuming,
administering, injecting, ingesting, or
otherwise using opium or any other
prohibited drug, shall be prima facie
evidence that the possessor has smoked,
consumed, administered to himself,
injected or used a prohibited drug.
Attempt and conspiracy to commit the
following offenses:
a Importation of dangerous drugs
b Sale, administration, delivery,
distribution and transportation of
dangerous drugs
c Maintenance of a den, dive or resort for
prohibited drugs
d Manufacture of dangerous drugs

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 e Cultivation or culture of plants which are
sources of prohibited drugs
Other persons liable:
a If the violation of the Act is committed by
a partnership, corporation, association
or any judicial person, the partner,
president, director, or manager who
consents to or knowingly tolerates such
violation shall be held criminally liable as
co-principal.
b Partner, president, director, manager,
officer or stockholder, who knowingly
authorizes, tolerates, or consents to the
use of a vehicle, vessel, or aircraft as an
instrument in the importation, sale,
delivery, distribution or transportation of
dangerous drugs, or to the use of their
equipment, machines or other
instruments in the manufacture of any
dangerous drugs, if such vehicle,
vessel, aircraft, equipment, or other

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 instrument, is owned or under the
control and supervision of the
partnership, corporation, association or
judicial entity to which they are affiliated.
c Government official, employee or officer
who is found guilty of planting any
dangerous drugs in the person or in the
immediate vicinity of another as
evidence to implicate the latter.

II. For the purpose of enforcing the

provisions of this Act, all school
heads, supervisors and teachers
shall be deemed to be persons in
authority and, as such, are vested
with the power to apprehend, arrest,
or cause the apprehension or arrest
of any person who shall violate any
of the said provision.

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 NOTE: They shall be considered as
persons in authority id they are in the
school or within its immediate vicinity,
or beyond such immediate vicinity of
they are in attendance in any school or
class function in their official capacity
as school heads, supervisors or
teachers.
Any teacher or school employee who
discovers or finds that any person in
the school or within its immediate
vicinity is violating this Act shall have
the duty to report the violation to the
school head or supervisor who shall, in
turn, report the matter to the proper
authorities. Failure to report in either
case shall, after hearing, constitute
sufficient cause for disciplinary action.
(Sec. 28)

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III. Rules:

Voluntary submission of a drug

dependent to confinement, treatment
and rehabilitation by the drug dependent
himself or through his parent, guardian
or relative within the 4th civil degree of
consanguinity or affinity, in a center and
compliance with such conditions
therefor as the Dangerous Drugs Board
may prescribe shall exempt from
criminal liability for possession or use of
the prohibited/regulated drug.
Should the drug dependent escape
from the center, he may submit himself
for confinement within 1 week from the
date of his escape, of his parent
guardian or relative may, within the
same period surrender him for
confinement.

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 Upon application of the Board, the
Court shall issue an order for
recommitment if the drug dependent
does not resubmit himself for
confinement or if he is not surrendered
for recommitment.
If, subsequent to such recommitment,
he should escape again, he shall no
longer be exempt from criminal liability
for the use or possession of any
dangerous drug.
If a person charged with an offense is
found by the fiscal or by the Court at any
stage of the proceedings, to be a drug
dependent, the fiscal or court as the
case may be, shall suspend all further
proceedings and transmit records of the
case to the Board.
After his rehabilitation, he shall be
prosecuted for such violation. In case of
conviction, the judgement shall, if the

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 accused is certified by the treatment and
rehabilitation center to have maintained
good behavior, indicate that he shall be
given full credit for the period he was
confined in the center.
NOTE: When the offense is possession
or use of dangerous drugs and the
accused is not a recidivist, the penalty
thereof shall be deemed to have been
served in the center upon his release
therefrom.
The period of prescription of the offense
charged shall not run during the time
that the respondent/accused is under
detention or confinement in a center.
Requisites of suspension of
sentence for first offense in a minor:
If accused is a minor (under 18 years
of age at the time of the commission of
the offense but not more than 21 years

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 of age when the judgement should
have been promulgated.
He has not been previously
convicted of violating any provision of
this Act or of the RPC or placed on
probation.
Sentence shall be deferred and the
accused shall be placed on
probation under the supervision of
the Board.
In case of violation of conditions of
pardon, court shall pronounce
judgement of conviction and he shall
serve sentence.
If accused did not violate conditions
of probation, case shall be dismissed
upon expiration of the designated
period.
Notes:
a Cultivation of plants Sec 9 land,
portions of land, greenhouse on which

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 any of the plants is cultivated
confiscated and escheated to the State.
UNLESS: owner can prove that he had
no knowledge of the cultivation despite
due diligence
b If land is part of the public domain
maximum penalty imposed
c Possession of opium pipe and other
paraphernalia prima facie evidence
that the possessor has smoked,
consumed, administered himself, used
prohibited drugs
d Drug penalties of Reclusion Perpetua to
Death or a fine of Php 500,000 to 10M
apply when:
Opium 40 grams up
Morphine 40 grams up
Shabu 200 grams up
Heroin 40 grams up
Indian hemp 750 grams up
MJ resin 50 grams up

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 Cocaine 40 grams up
Other drugs Quantity far beyond
therapeutic requirement
(if quantity is less than prescribed
penalty is PC to RP depending upon
the quantity)
e RA 7659 PD 1619 Possession and
Use of Volatile Substances
1. mere attempt to sell, import
already a crime under Article 6
2. conspiracy to sell, deliver, import
already a crime under Article 8
f Buy Bust Operation no law or rule to
require policemen to adopt a uniform
way of identifying BUY MONEY (P v.
Abedes)
g Absence of ultraviolet power is not fatal
in the prosecution
h Transportation/importation of MJ
immaterial whether there may or may
not be a distinction for the MJ

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 i Distinguish Entrapment and Instigation:
1. If prosecution can prove the crime
without presenting the informer or
asset not necessary because their
testimonies are merely corroborative.
Poseur buyer it depends on whether
the prosecution can prove the crime
without their testimonies (P v.
Rosalinda Ramos)
2. Under the RA, special aggravating
circumstance if a crime has been
committed while the accused was high
on drugs (P v. Anthony Belgar)
3. Delivery or Sale of Prohibited Drugs
the accused must be aware that
what he is selling or delivering was
prohibited drug. But the moment the
fact of sale or delivery is proved by
prosecution, the burden to prove that
the accused is not aware that drugs

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 are prohibited falls on the defense (P
v. Aranda)
4. P v. Angelito Manalo burden of
proving the authority to possess shabu
is a matter of defense
5. P v. Hilario Moscaling court may
take judicial notice of the word shabu
6. Criminal liabilities of a policeman
who sold the drugs confiscated from a
pusher: violation of RA 6425 and
malversation under RPC.
j Planting evidence to implicate another
k Buy Bust Operation form of
entrapment (P v. Alberto) not
necessary to have prior police
surveillance (P v. Carlos Franca)
l Possession constructive or actual
not necessary to adduce the marked
money as evidence (P v. Romeo
Macara)

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 m Separate crimes sale/possession
of MT found in his possession after he
was frisked but he cant be convicted for
possession of MJ that he sold
n If victim is minor or drug is proximate
cause of death max penalty is
imposed under Sec 4, 5, 15, 15-a
1. If imposable penalty: RP to death
no plea bargaining
2. If offender: government official,
employees, officers or found guilty of
planting evidences same penalty
3. First offense of a minor suspension
of sentence
under 18 at time of commission but
not more than 21 at time when
judgment was promulgated
found guilty of possession or use of
prohibited or regulated drugs

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 not been previously convicted of
violating any provision of this Act or
the RPC
not been placed on probation
defer sentence, place on probation
for 6 months to 1 year
violation of probation pronounce
sentence convict and serve
sentence
no violation discharge him and
dismiss the proceeding
if minor is drug dependent
commit to a center for treatment and
rehabilitation

TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS

GAMBLING (195-99 repealed by PDs 449,

483 and 1602 as amended)

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1. Illegal cockfighting (PD 449)
2. Betting, game-fixing or point shaving
and machinations in sports contests (PD
438)
3. Illegal gambling

PENALIZING BETTING, GAME-FIXING

OR POINT-SHAVING AND
MACHINATIONS IN SPORTS CONTESTS
PD 483

Acts Punishable:
Betting: Betting money or any object or
article of value of representative value
upon the result of any game, races and
other sports contests.
Game-fixing: any arrangement,
combination, scheme or agreement by
which the result of any game, races, or
sports contests shall be predicated
and/or known other than on the basis of

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 the honest playing skill or ability of the
players or participants.
Point-shaving: any such arrangement
combination, scheme or agreement by
which the skill or ability of any player or
participant in a fame, races, or sports
contests to make points of scores shall
be limited deliberately in order to
influence the result thereof in favor of
one or other team, player or participant.
Game Machination: any other
fraudulent, deceitful, unfair or dishonest
means, method, manner or practice
employed for the purpose of influencing
the result of any game, races or sports
contest.

COCKFIGHTING LAW OF 1974

PD 449

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I. Scope This law shall govern the
establishment, operation, maintenance
and ownership of cockpits.
II. Rules:
A. Only Filipino citizens not otherwise
inhibited by existing laws shall be
allowed to own, manage and operated
cockpits.
B. Only one cockpit shall be allowed in
each city or municipality with a
population of 100,000 or less.
C. Cockpits shall be constructed and
operated within the appropriate areas
as prescribed in the Zoning Law or
ordinance.
D. When allowed:
1. Cockfighting shall be allowed
only in licensed cockpits during
Sundays and legal holidays and
during local fiestas for not more than
3 days; or

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 2. During provincial, city or
municipal, agricultural, commercial
or industrial fair, carnival or
exposition for a similar period of 3
days upon resolution of the province,
city or municipality where such fair,
carnival or exposition is to be held,
subject to the approval of the Chief
of Constabulary or his authorized
representative.

Limitations:
a) No cockfighting on the occasion
of such fair, carnival or exposition
shall be allowed within the month of
the local fiesta or for more than 2
occasions a year in the same city of
municipality.
b) No cockfighting shall be held on
December 30, June 12,November
30, Holy Thursday, Good Friday,

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 Election Day and during registration
days for such election/referendum.

3. If the purpose is for the

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

Limitations: This privilege shall be

extended for only one time, for a
period not exceeding 3 days, within a
year to a province, city or
municipality.

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 E. No gambling of any kind shall be
permitted on the premises of the
cockpit or place of cockfighting during
cockfights.
F. City or municipal mayors are
authorized to issue licenses for the
operation and maintenance of
cockpits.

II. OFFENSES AGAINST DECENCY AND

GOOD CUSTOMS

Article 200
ELEMENTS OF GRAVE SCANDAL:
Offender performs an act
Act is highly scandalous as offending
against decency or good customs
Highly scandalous conduct does not
expressly fall within any other article of
the RPC

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 Committed in a public place or within
the public knowledge or view. (The
public view is not required, it is
sufficient if in public place. For public
knowledge, it may occur even in a
private place; the number of people
who sees it is not material).
Grave scandal: consists of acts which are
offensive to decency and good customs.
They are committed publicly and thus,
give rise to public scandal to persons who
have accidentally witnessed the acts
Decency: means properly observing the
requirements of modesty, good taste etc
Customs: refers to established usage,
social conventions carried on by tradition
and enforced by social disapproval in
case of violation
If the acts complained of are punishable
under another provision of the RPC, Art
200 is not applicable

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 The essence of grave scandal is publicity
and that the acts committed are not only
contrary to morals and good customs but
must likewise be of such character as to
cause public scandal to those witnessing
it.

Article 201
IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS:

Persons liable:
Those who publicly expound or
proclaim doctrines that are contrary to
public morals
Authors of obscene literature,
published with their knowledge in any
form
Editors publishing such obscene
literature

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 Owners or operators of establishments
selling obscene literature
Those who exhibit indecent or immoral
plays, scenes, acts or shows ion
theaters, fairs, cinemas or any other
place
Those who sell, distribute, or exhibit
prints, engraving, sculptures or
literature which are offensive to morals
Morals: implies conformity to generally
accepted standards of goodness or
rightness in conduct or character
Test of obscenity: whether the matter has
a tendency to deprave or corrupt the
minds of those who are open to immoral
influences. A matter can also be
considered obscene if it shocks the
ordinary and common sense of men as
indecency.

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 However, Art 201 enumerates what are
considered as obscene literature or
immoral or indecent plays, scenes or acts:
a. those w/c glorify criminals or
condone crimes
b. those w/c serve no other purpose but
to satisfy the market for violence, lust or
pornography
c. those w/c offend against any race or
religion
d. those w/c tend to abet the traffic in
and the use of prohibited drugs
e. those that are contrary to law, public
order, morals, good customs,
established policies, lawful orders,
decrees and edicts
Mere nudity in paintings and pictures is
not obscene
Pictures w/ a slight degree of obscenity
having no artistic value and intended for
commercial purposes fall within this article

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 Publicity is an essential element
Article 202
VAGRANTS AND PROSTITUTES:

Who are considered vagrants:

a. Those who have no apparent means
of subsistence and who have the
physical ability to work yet neglect to
apply themselves to some useful
calling
b. Persons found loitering around
public and semi-public places without
visible means of support
c. Persons tramping or wandering
around the country or the streets with
no visible means of support
d. Idle or dissolute persons lodging in
houses of ill-fame
e. Ruffians or pimps and those who
habitually associate with prostitutes
(may include even the rich)

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 f. Persons found loitering in inhabited or
uninhabited places belonging to
others, without any lawful or justifiable
reason provided the act does not fall
within any other article of the RPC

If fenced and with Trespass to dwelling

prohibition of entry
If fenced and entered Attempted theft
to hunt/fish
If not fenced and with Vagrancy
no prohibition of
entry

Who are considered prostitutes - refer to

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

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 TITLE SEVEN
CRIMES COMMITTED BY PUBLIC
OFFICERS

Article 203
WHO ARE PUBLIC OFFICERS:
a. Takes part in the performance of
public functions in the Government, or
b. Performs public duties as an
employee, agent or subordinate official
in the govt or any of its branches
Notes:
a. Public officer must derive his
authority from:
b. direct provision of law
c. popular election
d. appointment by competent authority
e. Public officers: embraces every
public servant from the lowest to the
highest rank

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 f. A government laborer is not a public
officer. However, temporary
performance by a laborer of public
functions makes him a public officer
g. Misfeasance: means improper
performance of an act which might be
properly be performed
h. Malfeasance: means performance of
an act which ought not to be done
i. Nonfeasance: means omission of an
act which ought to be done

MALFEASANCE AND MISFEASANCE IN

OFFICE

Malfeas Doing of an act which a public

ance officer should not have done
Misfeas Improper doing of an act which a
ance person might lawfully do
Nonfea Failure of an agent to perform his
sance undertaking for the principal

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 ELEMENTS OF KNOWINGLY
RENDERING AN UNJUST JUDGMENT:
a. Offender is a judge
b. Renders a judgment in the case
submitted to him for judgment
c. Judgment is unjust
d. Knowledge that the decision is unjust
Notes:
a. Judgment: is a final consideration
and determination by a court of
competent jurisdiction of the issues
submitted to it in an action or
proceeding
b. Unjust judgment: one which is
contrary to law, or not supported by
the evidence, or both
c. An unjust judgment may result from:
1. error (with bad faith)
2. ill-will or revenge
3. bribery

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 d. There must be evidence that the
decision rendered is unjust. It is not
presumed
e. Abuse of discretion or mere error of
judgment cannot likewise serve as
basis for rendering an unjust judgment
in the absence of proof or even an
allegation of bad faith (motive or
improper consideration).

Article 205
ELEMENTS OF JUDGMENT
RENDERED THROUGH NEGLIGENCE:
a. Offender is a judge
b. Renders a judgment in a case
submitted to him for decision
c. Judgment is manifestly unjust
d. Due to inexcusable negligence or
ignorance
Manifestly unjust judgment: one that is so
contrary to law that even a person having

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 meager knowledge of the law cannot
doubt the injustice

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

Article 207

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 ELEMENTS OF MALICIOUS DELAY IN
THE ADMINISTRATION OR JUSTICE:
a. That the offender is a judge.
b. That there is a proceeding in his
court.
c. That he delays the administration of
justice.
d. That the delay is malicious, that is,
the delay is caused by the judge with
deliberate intent to inflict damage on
either party in the case.
Mere delay without malice is not
punishable

Article 208
ELEMENTS OF DERELICTION OF DUTY
IN THE PROSECUTION OF OFFENSES:
That the offender is a public officer
or officer of the law who has a duty to
cause the prosecution of, or to
prosecute offenses.

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 That there is dereliction of the duties
of his office, that is, knowing the
commission of the crime, he does not
cause (a) the prosecution of the
criminal (People vs. Rosales, G.R. no.
42648) or (b) knowing that a crime is
about to be committed he tolerates its
commission (if gift/promise is a
consideration for his conduct: direct
bribery)
That the offender acts with malice
and deliberate intent to favor the
violator of the law.
PREVARICACION: negligence and
tolerance in the prosecution of an offense
There must be a duty on the part of the
public officer to prosecute or move for the
prosecution of the offender. Note
however, that a fiscal is under no
compulsion to file an information based
upon a complaint if he is not convinced

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 that the evidence before him does not
warrant filing an action in court
The crime must be proved first before an
officer can be convicted of dereliction of
duty
A public officer who harbors, conceals, or
assists in the escape of an offender, when
it is his duty to prosecute him is liable as
principal in the crime of dereliction of duty
in the prosecution of offenses. He is not
an accessory
Article not applicable to revenue officers

Article 209
ELEMENTS OF BETRAYAL OF TRUST
BY AN ATTORNEY OR SOLICITOR
(NOT NECESSARILY A PUBLIC
OFFICER ALTHOUGH ALL LAWYERS
ARE OFFICERS OF THE COURT):
Causing damage to client (prejudice
is essential) either

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 1. by any malicious breach of
professional duty, or
2. by inexcusable negligence or
ignorance.
Revealing any of the secrets of his
client learned by him in his
professional capacity (damage not
necessary)
Undertaking the defense of the
opposing party of the 1st client and/or
having received confidential
information from the latter and without
the latters consent (damage not
necessary)

Article 210
ELEMENTS OF DIRECT BRIBERY:
a. That the offender be a public officer
within the scope of Art 203

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 b. That the offender accepts an offer or
promise or receives a gift or present
by himself or through another
c. That such offer or promise be
accepted or gift/present received by
the public officer (mere agreement
consummates the crime)
1. with a view to committing some
crime (delivery of consideration is
not necessary) or
2. in consideration of an execution if
an act which does not constitute a
crime, but the act must be unjust
(delivery of consideration is
necessary), or
3. to refrain from doing something
which is his official duty to do
d. That the act which the offender
agrees to perform or which he
executes be connected with the
performance of his official duties

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 For purposes of this article, temporary
performance of public functions is
sufficient to constitute a person a public
officer. A private person may commit this
crime only in the case in which custody of
prisoners is entrusted to him
Applicable also to assessors, arbitrators,
appraisal and claim commissioners,
experts or any other person performing
public duties
Cannot be frustrated, only attempted or
consummated.
Bribery exists when the gift is:
a. voluntarily offered by a private
person
b. solicited by the public officer and
voluntarily delivered by the private
person
c. solicited by the public officer but the
private person delivers it out of fear of
the consequences should the public

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 officer perform his functions (here the
crime by giver is not corruption of public
officials due to involuntariness)
Actual receipt of the gift is not necessary.
An accepted offer or promise of a gift is
sufficient. However, if the offer is not
accepted, only the person offering the gift
is liable for attempted corruption of a
public officer
The gift must have a value or capable of
pecuniary estimation. It could be in the
form of money, property or services
If the act required of the public officer
amounts to a crime and he commits it, he
shall be liable for the penalty
corresponding to the crime
The third type of bribery and prevaricacion
(art 208) are similar offenses, both
consisting of omissions to do an act
required to be performed. In direct bribery
however, a gift or promise is given in

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 consideration of the omission. This is not
necessary in prevaricacion

Bribery (210) Robbery (294)

When the victim When the victim did
has committed a not commit a crime
crime and gives and he is intimidated
money/gift to
with arrest and/or
avoid arrest or prosecution to
prosecution. deprive him of his
personal property.
Victim parts with Victim is deprived of
his money or his money or property
property by force or
voluntarily. intimidation.

ANTI-GRAFT AND CORRUPT

PRACTICES ACT
RA 3019
Persons Liable:

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a. Any public officer who shall perform any
of the following acts:
1. Persuading, inducing or influencing
another public officer to perform an act
constituting a violation of rules and
regulations duly promulgated by
competent authority or an offense in
connection with the official duties of the
latter, or allowing himself to be
persuaded, induced, or influenced to
commit such violation or offense.
2. Directly or indirectly requesting or
receiving any gift, present, share,
percentage, or benefit for himself or for
any other person in connection with any
contract or transaction between the
government and any other party wherein
the public officer in his official capacity
has to intervene under the law.
3. Directly, or indirectly requesting or
receiving any gift, present, or other

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 pecuniary or material benefit, for himself
or for another, from any person for
whom the public officer, in any manner
of capacity, has secured or obtained, or
will secure or obtain, any Government
permit or license, in consideration for
the held given or to be given.
4. Accepting or having any member of
his family accept employment in a
private enterprise which has pending
official business with him during the
pendency thereof or within one year
after its termination.
5. Causing any undue injury to any
party, including the Government, or
giving any private party any
unwarranted benefits, advantage, or
preference in the discharge of his
official, administrative or judicial function
through manifest partiality, evident bad
faith or gross inexcusable negligence.

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 This provision shall apply to officers and
employees of offices or government
corporations charged with the grant of
licenses or permits or other
concessions.
6. Neglecting or refusing, after due
demand or request, without sufficient
justification, to act within a reasonable
time on any matter pending before him
for the purpose of obtaining directly or
indirectly, from any person interested in
the matter some pecuniary or material
benefit or advantage, or for the purpose
of favoring his own interest of giving
undue advantage in favor of or
discriminating against any other
interested party.
7. Entering, on behalf of the
Government, into any contract or
transaction manifestly and grossly
disadvantageous to the same, whether

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 or not the public officer profited or will
profit thereby.
8. Directly or indirectly having financial
or pecuniary interest in any business,
contract or transaction in connection
with which he intervenes or take part in
his official capacity, or in which he is
prohibited by the constitution or by any
law from having any interest.
9. Directly or indirectly becoming
interested, for personal gain, or having a
material interest in any transaction or
act requiring the approval of a board,
panel, or group of which he is a
member, and which exercises discretion
in such approval, even if he votes
against the same or does not participate
in the action of the board, committee,
panel or group.
10. Knowingly approving or granting any
license, permit, privilege, or benefit in

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 favor of any person not qualified for or
not legally entitled to such license,
permit, privilege, or advantage, or of a
mere representative or dummy of one
who is not so qualified or entitled.
11. Divulging valuable information of a
confidential character, acquired by his
office or by him on account of his official
position to unauthorized persons, or
releasing such information in advance of
its authorized release date.
b. Any person having family or close
personal relation with any public official
who shall capitalize or exploit or take
advantage of such family or close
personal relation by directly or indirectly
requesting or receiving any present, gift,
or material, or pecuniary advantage from
any person having some business,
transaction, application, request, or
contact with the government in which

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 such public official has to intervene (Sec.
4)
c. Any person who shall knowingly induce
or cause any public official to commit any
of the offenses under (A). (Sec. 4)
d. Spouse or any relative, by
consanguinity or affinity, within the 3rd civil
degree, of the president of the Philippines,
the vice-president, the president of the
Senate, or speaker of the house of
Representatives, who shall intervene,
directly or indirectly, in any business
transaction, contract or application with
the govt (Sec. 5).
This prohibition shall not apply to:
Any person who, prior to the
assumption of office of any of the
above officials to whom he is related,
has been already dealing with the
govt along the same line of business;

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 Any transaction, contract or
application already existing or pending
at the time of such assumption of
public office;
Any application filed by him, the
approval of which is not discretionary
on the part of the official(s) concerned
but depends upon compliance with
requisites provided by law, or rules or
regulations issued pursuant to law;
Any act lawfully performed an official
capacity or in the exercise of a
profession.
e. Any member of congress, during the
term for which he has been elected,
who shall acquire or receive any
personal pecuniary interest in any
specific business enterprise which
shall be directly and particularly
favored or benefited by any law or
resolution authored by him previously

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 approved or adopted by Congress
during his term.
f. Any public officer who shall fail to file a
true, detailed and sworn statement of
assets and liabilities within 30 days
after assuming office and thereafter on
or before the 15th day of April following
the close of every calendar year, as
well as upon the expiration of his term
of office, or upon his resignation or
separation from office (Sec. 7).

II. Prima Facie Evidence of and Dismissal

due to unexplained Wealth (Sec. 8)
If a public official has been found to have
acquired during his incumbency, whether
in his name or in the name of other
persons, an amount of property and/or
money manifestly out of proportion to his
salary and to his other lawful income.

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 Properties in the name of the spouse and
dependents of such public official may be
taken into consideration, when their
acquisition through legitimate means
cannot be satisfactorily shown.
Bank deposits in the name of or
manifestly excessive expenditures
incurred by the public official, his spouse
or any of their dependents including but
not limited to activities in any club or
association or any ostentatious display of
wealth including frequent travel abroad of
a non-official character by any public
official when such activities entail
expenses evidently out of proportion to
legitimate income.

III. Competent court: All prosecutions under

this Act shall be within the original
jurisdiction of the
Sandiganbayan (Sec. 10).

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

V. Exceptions: Unsolicited gifts or presents

of small or insignificant value offered or
given as a mere ordinary token of gratitude
of friendship according to local customs or
usage, shall be excepted from the
provisions of this act (Sec. 14).

Article 211
ELEMENTS OF INDIRECT BRIBERY:
a. That the offender is a public officer.
b. That he accepts gifts.
c. That the said gifts are offered to him
by reason of his office.
The gift is given in anticipation of future
favor from the public officer

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 There must be clear intention on the part
of the public officer to take the gift offered
and consider the property as his own for
that moment. Mere physical receipt
unaccompanied by any other sign,
circumstance or act to show such
acceptance is not sufficient to convict the
officer
There is no attempted or frustrated
indirect bribery
The principal distinction between direct
and indirect bribery is that in the former,
the officer agrees to perform or refrain
from doing an act in consideration of the
gift or promise. In the latter case, it is not
necessary that the officer do any act. It is
sufficient that he accepts the gift offered
by reason of his office
Public officers receiving gifts and private
persons giving gifts on any occasion,

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 including Christmas are liable under PD
46.
The criminal penalty or imprisonment is
distinct from the administrative penalty of
suspension from the service

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

Article 212
ELEMENTS OF CORRUPTION OF
PUBLIC OFFICIALS:

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 a. That the offender makes offers or
promises or gives gifts or present to a
public officer.
b. That the offers or promises are made
or the gifts or presents given to a
public officer, under circumstances
that will make the public officer liable
for direct bribery or indirect bribery
The offender is the giver of the gift or the
offeror of the promise. The act may or
may not be accomplished
Under PD 749, givers of bribes and other
gifts as well as accomplices in bribery and
other graft cases are immune from
prosecution under the following
circumstances:
a. information refers to consummated
violations
b. necessity of the information or
testimony

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 c. the information and testimony are
not yet in the possession of the State
d. information and testimony can be
corroborated on its material points
e. informant has been previously
convicted of a crime involving moral
turpitude
See the Anti-graft and Corrupt Practices
Act

II. FRAUDS AND ILLEGAL EXACTIONS

AND TRANSACTIONS

Article 213
ELEMENTS OF FRAUDS AGAINST
PUBLIC TREASURY: (par. 1)
That the offender be a public officer.
That he should have taken
advantage of his office, that is, he

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 intervened in the transaction in his
official capacity.
That he entered into an agreement
with any interested party or speculator
or made use of any other scheme with
regard to (a) furnishing supplies (b) the
making of contracts, or (c) the
adjustment or settlement of account
relating to a public property or funds.
That the accused had intent to defraud
the government.
Notes:
a. The public officer must act in his
official capacity
b. The felony is consummated by
merely entering into an agreement
with any interested party or speculator
or by merely making use of any
scheme to defraud the Government

ELEMENTS OF ILLEGAL EXACTIONS:

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 The offender is a public officer
entrusted with the collection of taxes,
licenses, fees and other imposts.
He is guilty of any of the following
acts or omissions:
demanding, directly or indirectly
the payment of sums different from
or larger than those authorized by
law, or
failing voluntarily to issue a
receipt, as provided by law, for any
sum of money collected by him
officially, or
Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a
nature different from that provided by
law.
Notes:
a. Mere demand of a larger or different
amount is sufficient to consummate

Odette E. Paguio 207 of 414

 the crime. The essence is the
improper collection (damage to govt is
not required)
b. If sums are received without
demanding the same, a felony under
this article is not committed. However,
if the sum is given as a sort of gift or
gratification, the crime is indirect
bribery
c. When there is deceit in demanding
larger fees, the crime committed is
estafa
d. May be complexed with malversation
e. Officers and employees of the BIR or
Customs are not covered by the article
f. The NIRC of Administrative Code is
the applicable law

Article 214
ELEMENTS OF OTHER FRAUDS:
a. That the offender is a public officer.

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 b. That he takes advantage of his
official position.
c. That he commits any of the frauds or
deceits enumerated in art. 315 and
316. (estafa; swindling)
Note: RTC has jurisdiction over the
offense because the principal penalty is
disqualification

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

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 That he becomes interested in the
transaction during his incumbency.
Notes:
Examples of transactions of
exchange or speculation are: buying
and selling stocks, commodities, land
etc wherein one hopes to take
advantage of an expected rise or fall in
price
Purchasing of stocks or shares in a
company is simple investment and not
a violation of the article. However,
regularly buying securities for resale is
speculation

Article 216
POSSESSION OF PROHIBITED
INTERESTS BY A PUBLIC OFFICER :
Who are liable:

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 Public officer in any contract or
business in which it is his official duty
to intervene.
Experts, arbitrators and private
accountants in any contract or
transaction connected with the estate
or property in the approval, distribution
or adjudication of which they had
acted.
Guardians and executors with
respect to property belonging to their
wards or the estate.
Notes:
a. Actual fraud is not necessary.
b. Act is punished because of the
possibility that fraud may be
committed or that the officer may place
his own interest above that of the
Government or party which he
represents

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AN ACT DEFINING AND PENALIZING
THE CRIME OF PLUNDER
RA 7080

Definition of Ill-gotten wealth:

Any asset, property, business enterprise
or material possession of any person
acquired by him directly or indirectly
through dummies, nominees, agents,
subordinates, and/or business associates
by any combination or series of the
following means or similar schemes:
A. Through misappropriation,
conversion, misuse or malversation of
public funds or raids on the public
treasury.
B. By receiving, directly or indirectly,
any commission, gift, share,
percentage, kickbacks or any other
form of pecuniary benefit from any

Odette E. Paguio 212 of 414

 person and/or entity in connection with
any government contract or project or
by reason of the office or position of
the public officer concerned;
C. By the illegal or fraudulent
conveyance or disposition of assets
belonging to the National Government
or any of its subdivisions, agencies or
instrumentalities or government-owned
or controlled corporations and their
subsidiaries;
D. By obtaining, receiving or accepting,
directly or indirectly, any shares of
stock, equity or any other form of
interest or participation, including the
promise of future employment in any
business enterprise or undertaking.
E. By establishing agricultural, industrial
or commercial monopolies or other
combinations, and/or implementation
of decrees and orders intended to

Odette E. Paguio 213 of 414

 benefit particular persons or special
interests;
F. By taking undue advantage of official
position, authority, relationship,
connection or influence to unjustly
enrich himself or themselves at the
expense and to the damage or
prejudice of the Filipino people and the
Republic of the Philippines.

II. Persons Liable:

A. Any public officer who, by himself or
in connivance with members of his
family, relatives by affinity or
consanguinity, business associates
and subordinates or other persons,
amasses, accumulates, or acquires ill-
gotten wealth through a combination
or series of overt or criminal acts as
described under (I) in the aggregate
amount or total value of at least 50

Odette E. Paguio 214 of 414

 million pesos, shall be guilty of the
crime of plunder (as amended by RA
7659).
B. Any person who participated with the
said public officer in the commission of
plunder.

III. Jurisdiction: All prosecutions under this

At shall be within the original jurisdiction
of the Sandiganbayan.

IV. Rule of Evidence:

For purposes of establishing the crime
of plunder, it shall not be necessary to
prove each and every criminal act done by
the accused in furtherance of the scheme
and conspiracy to amass, accumulate or
acquire ill-gotten wealth, it being sufficient
to establish beyond reasonable doubt a

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pattern of overt or criminal acts indicative of
the overall unlawful scheme or conspiracy.

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

III. MALVERSATION OF PUBLIC FUNDS

OR PROPERTY

Article 217
ELEMENTS COMMON TO ALL ACTS
MALVERSATION OF PUBLIC FUNDS
OR PROPERTY :
a. That the offender be a public officer
(or private person if entrusted with

Odette E. Paguio 216 of 414

 public funds or connived with public
officers)
b. That he had the custody or control of
funds or property (if not accountable
for the funds, theft or qualified theft)
c. That those funds or property were
public funds or property (even if
private funds if attached, seized,
deposited or commingled with public
funds)
d. That he:
Appropriated the funds or
property
Took or misappropriated them
Consented or, through
abandonment or negligence,
permitted any other person to take
such public funds or property. (it is
not necessary that the offender
profited thereby. His being remiss in

Odette E. Paguio 217 of 414

 the duty of safekeeping public funds
violates the trust reposed)
Malversation is otherwise called
embezzlement
It can be committed either with malice or
through negligence or imprudence
In determining whether the offender is a
public officer, what is controlling is the
nature of his office and not the
designation
The funds or property must be received in
an official capacity. Otherwise, the crime
committed is estafa
When a public officer has official custody
or the duty to collect or receive funds due
the government, or the obligation to
account for them, his misappropriation of
the same constitutes malversation
A public officer who has qualified charge
of govt property without authority to part
with its physical possession upon order of

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 an immediate superior, he cannot be held
liable under this article
Private individuals can also be held liable
for malversation under 2 circumstances:
a. when they are in conspiracy with
public officers; and
b. when they have charge of national,
provincial or municipal funds,
revenues or property in any capacity
In malversation through negligence, the
negligence of the accountable public
officer must be positively and clearly
shown to be inexcusable, approximating
fraud or malice
The measure of negligence to be
observed is the standard of care
commensurate with the occasion
When malversation is not committed
through negligence, lack of criminal intent
or good faith is a defense

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 The failure of a public officer to have any
duly forthcoming public funds or property
upon demand, by any authorized officer,
shall be prima facie evidence that he has
put such missing funds or property to
personal use. However, if at the very
moment when the shortage is discovered,
the accountable officer is notified, and he
immediately pays the amount from his
pocket, the presumption does not arise
Returning the embezzled funds is not
exempting, it is only mitigating
There is also no malversation when the
accountable officer is obliged to go out of
his office and borrow the amount
corresponding to the shortage and later,
the missing amount is found in an
unaccustomed place
A person whose negligence made
possible the commission of malversation

Odette E. Paguio 220 of 414

 by another can be held liable as a
principal by indispensable cooperation
Demand as well as damage to the
government are not necessary elements

Malversation (217) Estafa with Abuse

of Confidence
(315)
Funds or property Funds/property are
usually public always private
Offender is usually Offender is a
a public officer who private individual or
is accountable for even a public
the public officer who is not
funds/property accountable for
public
funds/property
Crime is committed Crime is committed
by approaching, by
taking, or misappropriating,
misappropriating/c converting, or

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onsenting, or denying having
through received money,
abandonment or goods or other
negligence, personal property
permitting any
other person to
take the public
funds/property

Article 218
ELEMENTS OF FAILURE OF
ACCOUNTABLE OFFICER TO RENDER
ACCOUNTS :
That the offender is a public officer,
whether in the service or separated
therefrom.
That he must be an accountable
officer for public funds property.
That he is required by law or
regulation to render accounts to the

Odette E. Paguio 222 of 414

 commission on audit, or to a provincial
auditor.
That he fails to do so for a period of
two months after such accounts
should be rendered.
Note: Demand and misappropriation are
not necessary

Article 219
ELEMENTS OF FAILURE OF A
RESPONSIBLE PUBLIC OFFICER TO
RENDER ACCOUNTS BEFORE
LEAVING THE COUNTRY :
That the offender is a public officer.
That he must be an accountable
officer for public funds or property.
That he must have unlawfully left (or
be on the point of leaving) the
Philippines without securing from the
Commission on Audit a certificate

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 showing that his accounts have been
finally settled.
Note: The act of leaving the Philippines
must be unauthorized or not permitted by
law

Article 220
ELEMENTS OF ILLEGAL USE OF
PUBLIC FUNDS OR PROPERTY
(technical malversation):
a. That the offender is a public officer.
b. That there is public fund or property
under his administration.
c. That such public fund or property
has been appropriated by law or
ordinance (without this, it is simple
malversation even if applied to other
public purpose).
d. That he applies the same to a public
use other than for which such fund or

Odette E. Paguio 224 of 414

 property has been appropriated by law
or ordinance.
To distinguish this article with Art 217, just
remember that in illegal use of public
funds or property, the offender does not
derive any personal gain, the funds are
merely devoted to some other public use
Absence of damage is only a mitigating
circumstance

Article 221
ELEMENTS OF FAILURE TO MAKE
DELIVERY OF PUBLIC FUNDS OR
PROPERTY
a. Offender has govt funds or property
in his possession
b. He is under obligation to either:
make payment from such funds
to deliver property in his custody
or administration when ordered by
competent authority

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 He maliciously fails or refuses to
do so
Note: Penalty is based on value of
funds/property to be delivered

Article 222
PERSONS WHO MAY BE HELD LIABLE
UNDER ARTS 217 TO 221
Private individual who, in any
capacity, have charge of any national,
provincial or municipal funds, revenue,
or property
Administrator or depositary of funds
or property that has been attached,
seized or deposited by public
authority, even if owned by a private
individual
Sheriffs and receivers fall under the term
administrator

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 A judicial administrator in charge of
settling the estate of the deceased is not
covered by the article

IV. INFIDELITY OF PUBLIC OFFICERS

Article 223
ELEMENTS OF CONNIVING WITH OR
CONSENTING TO EVASION
a. That the offender is a public officer
(on duty).
b. That he is charged with the
conveyance or custody of a prisoner,
either detention prisoner or prisoner by
final judgment.
c. That such prisoner escaped from his
custody
d. That he was in connivance with the
prisoner in the latters escape

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 Detention prisoner: refers to a person in
legal custody, arrested for and charged
with some crime or public offense
The release of a detention prisoner who
could not be delivered to judicial
authorities within the time fixed by law is
not infidelity in the custody of a prisoner.
Neither is mere leniency or laxity in the
performance of duty constitutive of
infidelity
There is real and actual evasion of service
of sentence when the custodian permits
the prisoner to obtain a relaxation of his
imprisonment

Article 224
ELEMENTS OF EVASION THROUGH
NEGLIGENCE:
a. That the offender is a public officer.
b. That he is charged with the
conveyance or custody of a prisoner,

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 either detention prisoner or prisoner by
final judgment.
c. That such prisoner escapes through
his negligence.
d. Penalty based on nature of
imprisonment
The article punishes a definite laxity which
amounts to deliberate non-performance of
a duty
The fact that the public officer recaptured
the prisoner who had escaped from his
custody does not afford complete
exculpation
The liability of an escaping prisoner:
a. if he is a prisoner by final judgment,
he is liable for evasion of service (art
157)
b. if he is a detention prisoner, he does
not incur criminal liability (unless
cooperating with the offender).

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Article 225
ELEMENTS OF ESCAPES OF
PRISONERS UNDER THE CUSTODY
OF A PERSON NOT A PUBLIC
OFFICER :
a. That the offender is a private person
(note: must be on duty)
b. That the conveyance or custody of a
prisoner or person under arrest is
confined to him.
c. That the prisoner or person under
arrest escapes.
d. That the offender consents to the
escape of the prisoner or person under
arrest, or that the escape takes place
through his negligence
Note: This article is not applicable if a

private person made the arrest and he

consented to the escape of the person he
arrested

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Article 226
ELEMENTS OF REMOVAL,
CONCEALMENT, OR DESTRUCTION
OF DOCUMENTS Infidelity in custody of
documents:
a. That the offender be a public officer.

b. That he abstracts, destroys or

conceals a document or papers.
c. That the said document or paper
should have been entrusted to such
public officer by reason of his office.
d. That damage, whether serious or not,

to a third party or to the public interest

should have been caused.
The document must be complete and one
by which a right could be established or
an obligation could be extinguished
Books, periodicals, pamphlets etc are not
documents
Papers would include checks,
promissory notes and paper money

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 A post office official who retained the mail
without forwarding the letters to their
destination is guilty of infidelity in the
custody of papers
Removal of a document or paper must be
for an illicit purpose. There is illicit
purpose when the intention of the offender
is to:
tamper with it
to profit by it
to commit any act constituting a
breech of trust in the official thereof
Removal is consummated upon removal
or secreting away of the document from
its usual place. It is immaterial whether or
not the illicit purpose of the offender has
been accomplished
Infidelity in the custody of documents
through destruction or concealment does
not require proof of an illicit purpose

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 Delivering the document to the wrong
party is infidelity in the custody thereof
The damage may either be great or small
The offender must be in custody of such
documents

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

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

Article 229
REVELATION OF SECRET BY AN
OFFICER:
ELEMENTS OF PAR.1: BY REASON OF
HIS OFFICIAL CAPACITY
a. That the offender is a public officer.

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 b. That he knows of a secret by reason
of his official capacity.
c. That he reveals such secret without
authority or justifiable reasons.
d. That damage, great or small, be
caused to the public interest.
e. (damage is essential)
Notes:
Secret must affect public interest
Secrets of a private individual is not
included
Espionage for the benefit of another
State is not contemplated by the
article. If regarding military secrets or
secrets affecting state security, the
crime may be espionage.
ELEMENTS OF PAR 2 DELIVERING
WRONGFULLY PAPERS OR COPIES
OF PAPERS OF WHICH HE MAY HAVE
CHARGE AND WHICH SHOULD NOT
BE PUBLISHED:

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 That the offender is a public officer.
That he has charge of papers.
That those papers should not be
published.
That he delivers those papers or
copies thereof to a third person.
That the delivery is wrongful.
That damage be caused to public
interest.
Notes:
a. Charge: means custody or control.
If he is merely entrusted with the
papers and not with the custody
thereof, he is not liable under this
article
b. If the papers contain secrets which
should not be published, and the
public officer having charge thereof
removes and delivers them wrongfully
to a third person, the crime is
revelation of secrets. On the other

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 hand, if the papers do not contain
secrets, their removal for an illicit
purpose is infidelity in the custody of
documents
c. Damage is essential to the act
committed

Article 230
ELEMENTS OF PUBLIC OFFICER
REVEALING SECRETS OF PRIVATE
INDIVIDUAL:
a. That the offender is a public officer
b. That he knows of the secret of a
private individual by reason of his
office.
c. That he reveals such secrets without
authority or justification reason.
Revelation to one person is sufficient
If the offender is an attorney, he is
properly liable under Art 209 (betrayal of
trust by an attorney)

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 Damage to private individual is not
necessary

V. OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC
OFFICERS

Article 231
ELEMENTS OF OPEN DISOBEDIENCE:
That the offender is a judicial or
executive officer.
That there is a judgment, decision or
order of superior authority.
That such judgment, decision or
order was made within the scope of
the jurisdiction of the superior authority
and issued with all the legal
formalities.
that the offender without any legal
justification openly refuses to execute

Odette E. Paguio 238 of 414

 the said judgment, decision or under
which he is duty bound to obey.
Note: Judgment should have been
rendered in a hearing and issued within
proper jurisdiction with all legal
solemnities required

Article 232
ELEMENTS OF DISOBEDIENCE TO
ORDER OF SUPERIOR OFFICER
WHEN SAID ORDER WAS SUSPENDED
BY INFERIOR OFFICER:
That the offender is a public officer.
That an order is issued by his
superior for execution.
That he has for any reason
suspended the execution of such
order.
That his superior disapproves the
suspension of the execution of the
order.

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 That the offender disobeys his
superior despite the disapproval of the
suspension.
Note: A public officer is not liable if the
order of the superior is illegal

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

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Article 234
ELEMENTS OF REFUSAL TO
DISCHARGE ELECTIVE OFFICE:
a. That the offender is elected by
popular election to a public office.
b. That he refuses to be sworn in or
discharge the duties of said office.
c. That there is no legal motive for such
refusal to be sworn in or to discharge
the duties of said office.
Note: Even if the person did not run for
the office on his own will as the
Constitution provides that every citizen
may be required to render service

Article 235
ELEMENTS OF MALTREATMENT OF
PRISONERS:
a. That the offender is a public officer
or employee.

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 b. That he has under charge a prisoner
or detention prisoner (otherwise the
crime is physical injuries)
c. That he maltreats such prisoner in
either of the following manners:
1. by overdoing himself in the
correction or handling of a prisoner
or detention prisoner under his
charge either
by the imposition of punishments
not authorized by the regulations,
or
by inflicting such punishments
(those authorized) in a cruel and
humiliating manner, or
2. by maltreating such prisoner to
extort a confession or to obtain some
information from the prisoner.
The public officer must have actual
charge of the prisoner in order to be held
liable

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 To be considered a detention prisoner,
the person arrested must be placed in jail
even for just a short while
Offender may also be held liable for
physical injuries or damage caused

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

Article 237

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

Article 238
ELEMENTS OF ABANDONMENT OF
OFFICE OR POSITION :
a. That the offender is a public officer.

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 b. That he formally resigns from his
position.
c. That his resignation has not yet been
accepted.
d. That he abandons his office to the
detriment of the public service.
There must be formal or written
resignation
The offense is qualified if the purpose
behind the abandonment is to evade the
discharge of duties consisting of
preventing, prosecuting or punishing any
of the crimes against national security.
The penalty is higher. This involves the
following crimes:
a. treason
b. conspiracy and proposal to commit
conspiracy
c. misprision of treason
d. espionage

Odette E. Paguio 245 of 414

 e. inciting to war or giving motives to
reprisals
f. violation of neutrality
g. correspondence with hostile country
h. flight to enemy country
i. piracy and mutiny on the high seas
j. rebellion
k. conspiracy and proposal to commit
rebellion
l. disloyalty to public officers
m. inciting to rebellion
n. sedition
o. conspiracy to commit sedition
p. inciting to sedition

Abandonment of Dereliction of Duty

Office or Position (208)
(238)
There is actual Public officer does
abandonment not abandon his
through resignation office but merely

Odette E. Paguio 246 of 414

to evade the fails to prosecute a
discharge of violation of the law.
duties.

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

Article 240
ELEMENTS OF USURPATION OF
EXECUTIVE FUNCTIONS:
a. That the offender is a judge.
b. That he (a.) assumes a power
pertaining to the executive authorities,

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 or (b.) obstructs executive authorities in
the lawful exercise of their powers.
Note: Legislative officers are not liable for
usurpation of executive functions

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

Article 242
ELEMENTS OF DISOBEYING
REQUEST FOR DISQUALIFICATION:

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 a. That the offender is a public officer.
b. That a proceeding is pending before
such public officer.
c. That there is a question brought before
the proper authority regarding his
jurisdiction, which is not yet decided.
d. That he has been lawfully required to
refrain from continuing the proceeding.
e. That he continues the proceeding.

Article 243
ELEMENTS OF ADDRESSING ORDERS
OR REQUESTS BY EXECUTIVE
OFFICER TO ANY JUDICIAL
AUTHORITY:
That the offender is an executive
officer.
That the addresses any order or
suggestion to any judicial authority.
That the order or suggestion relates to
any case or business coming within the

Odette E. Paguio 249 of 414

 exclusive jurisdiction of the courts of
justice.
Note: Legislative or judicial officers are
not liable under this article

Article 244
ELEMENTS OF UNLAWFUL
APPOINTMENTS:
a. That the offender is a public officer.
b. That he nominates or appoints a person
to a public office.
c. That such person lacks the legal
qualification therefor.
d. That the offender knows that his
nominee or appointee lacks the
qualification at the time he made the
nomination or appointment.
Recommending, knowing that the person
recommended is not qualified is not a
crime

Odette E. Paguio 250 of 414

 There must be a law providing for the
qualifications of a person to be nominated
or appointed to a public office

Article 245
ELEMENTS OF ABUSES AGAINST
CHASTITY:
a. That the offender is a public officer.
b. That he solicits or makes immoral or
indecent advances to a woman.
c. That such woman must be
interested in matters pending before
the offender for decision, or with
respect to which he is required to
submit a report to or consult with a
superior officer, or
under the custody of the offender
who is a warden or other public officer
directly charged with care and custody
of prisoners or person under arrest, or

Odette E. Paguio 251 of 414

 the wife, daughter, sister or relative
within the same degree by affinity of
the person in the custody of the
offender
The mother of the person in the custody
of the public officer is not included
Solicit: means to propose earnestly and
persistently something unchaste and
immoral to a woman
The advances must be immoral or
indecent
The crime is consummated by mere
proposal
Proof of solicitation is not necessary when
there is sexual intercourse

TITLE EIGHT
I. CRIMES AGAINST PERSONS

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 DESTRUCTION OF LIFE

A. ELEMENTS OF PARRICIDE: (246)

1. That a person is killed.
2. That the deceased is killed by the
accused.
3. That the deceased is the father, mother,
or child, whether legitimate or illegitimate,
or a legitimate other ascendant or other
descendant, or the legitimate spouse of
the accused.

Notes:
The relationship of the offender with
the victim is the essential element of the
felony
Parents and children are not
included in the term ascendants or
descendants
The other ascendant or descendant
must be legitimate. On the other hand,

Odette E. Paguio 253 of 414

 the father, mother or child may be
legitimate or illegitimate
The child should not be less than 3
days old. Otherwise, the offense is
infanticide
Relationship must be alleged
A stranger who cooperates in
committing parricide is liable for murder
or homicide
Even if the offender did not know
that the person he had killed is his son,
he is still liable for parricide because the
law does not require knowledge of the
relationship

B. DEATH OR PHYSICAL INJURIES

UNDER EXCEPTIONAL
CIRCUMSTANCES
Requisites:
1. A legally married person or parent
surprises his spouse or daughter (the

Odette E. Paguio 254 of 414

 latter must be under 18 and living with
them) in the act of committing sexual
intercourse with another person
2. He/she kills any or both of them or
inflicts upon any or both of them any
serious physical injury in the act or
immediately thereafter
3. He has not promoted or facilitated the
prostitution of his wife or daughter, or that
he has not consented to the infidelity of
the other spouse.
Notes:
1. Article does not define or penalize a
felony
2. Not necessary that the parent be
legitimate
3. Article applies only when the
daughter is single
4. Surprise: means to come upon
suddenly or unexpectedly

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 5. Art 247 is applicable when the
accused did not see his spouse in the
act sexual intercourse with another
person. However, it is enough that
circumstances reasonably show that the
carnal act is being committed or has
been committed
6. Sexual intercourse does not include
preparatory acts
7. Immediately thereafter: means that
the discovery, escape, pursuit and the
killing must all form parts of one
continuous act
8. The killing must be the direct by-
product of the rage of the accused
9. No criminal liability is incurred when
less serious or slight physical injuries
are inflicted. Moreover, in case third
persons caught in the crossfire suffer
physical injuries, the accused is not
liable. The principle that one is liable for

Odette E. Paguio 256 of 414

 the consequences of his felonious act is
not applicable because he is not
committing a felony

C. ELEMENTS OF MURDER: (248)

1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of
the following qualifying circumstances
a. with treachery, taking advantage of
superior strength, with the aid or
armed men, or employing means to
weaken the defense or of means or
persons to insure or afford impunity
b. in consideration of price, reward or
promise
c. by means of inundation, fire, poison,
explosion, shipwreck, stranding of
vessel, derailment or assault upon a
street car or locomotive, fall of airship,
by means of motor vehicles or with the

Odette E. Paguio 257 of 414

 use of any other means involving great
waste or ruin
d. on occasion of any of the calamities
enumerated in the preceding
paragraph, or of an earthquake,
eruption of a volcano, destructive
cyclone, epidemic or any other public
calamity
e. with evident premeditation
f. with cruelty, by deliberately and
inhumanely augmenting the suffering
of the victim or outraging or scoffing at
his person or corpse
4. The killing is not parricide or infanticide.
Notes:
1. The victim must be killed in order to
consummate the offense. Otherwise, it
would be attempted or frustrated murder
2. Murder will exist with only one of the
circumstances. The other circumstances
are absorbed or included in one

Odette E. Paguio 258 of 414

 qualifying circumstance. They cannot be
considered as generic aggravating
circumstances
3. Any of the qualifying circumstances
must be alleged in the information.
Otherwise, they will only be considered
as generic aggravating circumstances
4. Treachery and premeditation are
inherent in murder with the use of
poison

D. ELEMENTS OF HOMICIDE: (249)

1. That a person was killed.

2. That the accused killed him without any

justifying circumstances.
3. That the accused had the intention to kill,

which is presumed.
4. That the killing was not attended by any of

the qualifying circumstances of murder, or

by that of parricide or infanticide.
Notes:

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 Intent to kill is conclusively presumed
when death resulted. Hence, evidence
of intent to kill is required only in
attempted or frustrated homicide
There is no crime of frustrated homicide
through negligence
When the wounds that caused death
were inflicted by 2 different persons,
even if they were not in conspiracy,
each one of them is guilty of homicide
In all crimes against persons in which
the death of the victim is an element,
there must be satisfactory evidence of
(1) the fact of death and (2) the identity
of the victim

E. PENALTY FOR FRUSTRATED

PARRICIDE, MURDER OR HOMICIDE
(250)

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F. ELEMENTS OF DEATH IN A
TUMULTOUS AFFRAY: (251)
1. That there be several persons.
2. That they did not compose groups
organized for the common purpose of
assaulting and attacking each other
reciprocally.
3. That these several persons quarreled
and assaulted one another in a confused
and tumultuous manner.
4. That someone was killed in the course
of the affray.
5. That it cannot be ascertained who
actually killed the deceased.
6. That the person or persons who inflicted
serious physical injuries or who used
violence can be identified.
Notes:
1. Tumultuous affray exists hen at least
4 persons take part in it

Odette E. Paguio 261 of 414

 2. When there are 2 identified groups of
men who assaulted each other, there is
no tumultuous affray
3. Persons liable are:
a. person/s who inflicted serious
physical injuries
b. if it is not known who inflicted serious
physical injuries on the deceased, all
persons who used violence upon the
person of the victim

G. ELEMENTS OF PHYSICAL INJURIES

INFLICTED IN A TUMULTOUS AFFRAY:
(252)
1. that there is a tumultuous affray as
referred to in the preceding article.
2. That a participant or some participants
thereof suffer serious physical injuries or
physical injuries
of a less serious nature only.

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3. that the person responsible therefor
cannot be identified.
4. That all those who appear to have used
violence upon the person of the offended
party are known.

H.GIVING ASSISTANCE TO SUICIDE:

(253)
Acts punishable:
1. Assisting another to commit suicide,
whether the suicide is consummated or
not
2. Lending his assistance to another to
commit suicide to the extent of doing the
killing himself

Notes:
1. A person who attempts to commit
suicide is not criminally liable
2. A pregnant woman who tried to
commit suicide by means of poison but

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 instead of dying, the fetus in her womb
was expelled, is not liable for abortion
3. Assistance to suicide is different
from mercy-killing. Euthanasia/mk is the
practice of painlessly putting to death a
person suffering from some incurable
disease. In this case, the person does
not want to die. A doctor who resorts to
euthanasia may be held liable for
murder
4. Penalty is mitigated if suicide is not
successful

I. ELEMENTS OF DISCHARGE OF
FIREARMS: (254)
that the offender discharges a firearm
against or at another person.
That the offender has no intention to kill
that person.
Notes:

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 1. The offender must shoot at another
with any firearm without intention of
killing him. If the firearm is not
discharged at a person, the act is not
punished under this article
2. A discharge towards the house of
the victim is not discharge of firearm. On
the other hand, firing a gun against the
house of the offended party at random,
not knowing in what part of the house
the people were, it is only alarm under
art 155.
3. Usually, the purpose of the offender
is only to intimidate or frighten the
offended party
4. Intent to kill is negated by the fact
that the distance between the victim and
the offender is 200 yards
5. A person can be held liable for
discharge even if the gun was not
pointed at the offended party when it

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 fired for as long as it was initially aimed
at or against the offended party

J. ELEMENTS OF INFANTICIDE: (255)

1. That a child was killed.
2. That the deceased child was less than
three days (72 hours) of age.
3. That the accused killed the said child.
Notes:
1. When the offender is the father,
mother or legitimate ascendant, he shall
suffer the penalty prescribed for
parricide. If the offender is any other
person, the penalty is that for murder. In
either case, the proper qualification for
the offense is infanticide
2. When infanticide is committed by the
mother or maternal grandmother in
order to conceal the dishonor, such fact
is only mitigating

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 3. The delinquent mother who claims
that she committed the offense to
conceal the dishonor must be of good
reputation. Hence, if she is a prostitute,
she is not entitled to a lesser penalty
because she has no honor to conceal
4. There is no infanticide when the child
was born dead, or although born alive it
could not sustain an independent life
when it was killed

K. ELEMENTS OF INTENTIONAL
ABORTION: (256)
That there is a pregnant woman.
That violence is exerted, or drugs or
beverages administered, or that the
accused otherwise acts upon such
pregnant woman.
That as a result of the use of violence or
drugs or beverages upon her, or any other
act of the accused, the fetus dies, either in

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 the womb or after having been expelled
therefrom.
That the abortion is intended.

L. ELEMENTS OF UNINTENTIONAL
ABORTION: (257)
1. That there is a pregnant woman.
2. That violence is used upon such
pregnant woman without intending an
abortion.
3. That the violence is intentionally
exerted.
4. That as a result of the violence that
fetus dies, either in the womb or after
having been expelled therefrom.
Notes:
Unintentional abortion can also be
committed through negligence
The accused can only be held liable if
he knew that the woman was pregnant

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 If there is no intention to cause abortion
and neither was violence exerted, arts
256 and 257 does not apply

M. ELEMENTS OF ABORTION
PRACTICED BY THE WOMAN HERSELF
OR BY HER PARENTS: (258)
1. That there is a pregnant woman who
has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by
a. the pregnant woman herself
b. any other person, with her consent,
or
c. any of her parents, with her consent
for the purpose of concealing her
dishonor.
Notes:
Liability of the pregnant woman is
mitigated if the purpose is to conceal her
dishonor. However, there is no litigation

Odette E. Paguio 269 of 414

 for the parents of the pregnant women
even if their purpose is to conceal their
daughters dishonor
In infanticide, parents can avail of
the mitigating circumstance of
concealing the dishonor of their
daughter. This is not so for art 258

N. ELEMENTS OF ABORTION
PRACTICED BY A PHYSICIAN OR
MIDWIFE AND DISPENSING OF
ABORTIVES: (259)
1. That there is a pregnant woman who
has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a
physician or midwife, causes or assists in
causing the abortion.
4. That said physician or midwife takes
advantage of his or her scientific
knowledge or skill.

Odette E. Paguio 270 of 414

Notes:
1. It is not necessary that the pharmacist

knew that the abortive would be used to

cause abortion. What is punished is the
act of dispensing an abortive without the
proper prescription. It is not necessary
that the abortive be actually used
2. If the pharmacist knew that the abortive

would be used to cause abortion and

abortion results, he is liable as an
accomplice

O. RESPONSIBILITY OF PARTICIPANTS
IN A DUEL: (260)
Acts punished:
1. Killing ones adversary in a duel
2. Inflicting upon the adversary serious
physical injuries
3. Making a combat although no
physical injuries have been inflicted
Persons liable:

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 1. Principals person who killed or
inflicted physical injuries upon his
adversary, or both combatants in any
other cases
2. Accomplices as seconds
Notes:
Duel: a formal or regular combat
previously concerted between 2 parties in
the presence of 2 or more seconds of
lawful age on each side, who make the
selection of arms and fix all the other
conditions of the fight
If death results, the penalty is the same
as that for homicide

P. CHALLENGING TO A DUEL: (261)

Acts punishable:
1. Challenging another to a duel
2. Inciting another to give or accept a
challenge to a duel

Odette E. Paguio 272 of 414

 3. Scoffing at or decrying another
publicly for having refused to accept a
challenge to fight a duel
Persons liable:
Challenger
Instigators
II. PHYSICAL INJURIES

MUTILATION: (262)
Kinds of Mutilation
Intentionally mutilating another by
depriving him, totally or partially, of
some essential organ for reproduction
Intentionally making another
mutilation, i.e. lopping, clipping off any
part of the body of the offended party,
other than the essential organ for
reproduction, to deprive him of that part
of the body
Elements:

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 1. There be a castration i.e. mutilation
of organs necessary for generation
2. Mutilation is caused purposely and
deliberately
Notes:
1. In the first kind of mutilation, the
castration must be made purposely.
Otherwise, it will be considered as
mutilation of the second kind
2. Mayhem: refers to any other
intentional mutilation

SERIOUS PHYSICAL INJURIES: (263)

How Committed
Wounding
Beating
Assaulting
Administering injurious substances
What are serious physical injuries:
Injured person becomes insane,
imbecile, impotent or blind

Odette E. Paguio 274 of 414

 Injured person
loses the use of speech or the power
to hear or to smell, loses an eye, a
hand, foot, arm or leg
loses the use of any such member
becomes incapacitated for the work
in which he had been habitually
engaged
Injured person
a. becomes deformed
b. loses any other member of his body
c. loses the use thereof
d. becomes ill or incapacitated for the
performance of the work in which he
had been habitually engaged in for
more than 90 days
Injured person becomes ill or
incapacitated for labor for more than 30
days (but not more than 90 days)
Notes:

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 Serious physical injuries may be
committed through reckless imprudence
or simple imprudence
There must be no intent to kill
Impotent should include inability to
copulate and sterility
Blindness requires lost of vision in
both eyes. Mere weakness in vision is
not contemplated
Loss of power to hear must involve
both ears. Otherwise, it will be
considered as serious physical injuries
under par 3
Loss of use of hand or incapacity of
usual work in par 2 must be permanent
Par 2 refers to principal members of
the body. Par 3 on the other hand,
covers any other member which is not a
principal part of the body. In this
respect, a front tooth is considered as a

Odette E. Paguio 276 of 414

 member of the body, other than a
principal member
Deformity: means physical ugliness,
permanent and definite abnormality. Not
curable by natural means or by nature. It
must be conspicuous and visible. Thus,
if the scar is usually covered by a dress,
it would not be conspicuous and visible
The loss of 3 incisors is a visible
deformity. Loss of one incisor is not.
However, loss of one tooth which
impaired appearance is a deformity
Deformity by loss of teeth refers to
injury which cannot be impaired by the
action of the nature
Loss of both outer ears constitutes
deformity and also loss of the power to
hear. Meanwhile, loss of the lobule of
the ear is only a deformity
Loss of the index and middle fingers
is either a deformity or loss of a

Odette E. Paguio 277 of 414

 member, not a principal one of his body
or use of the same
Loss of the power to hear in the right
ear is considered as merely loss of use
of some other part of the body
If the injury would require medical
attendance for more than 30 days, the
illness of the offended party may be
considered as lasting more than 30
days. The fact that there was medical
attendance for that period of time shows
that the injuries were not cured for that
length of time
Under par 4, all that is required is
illness or incapacity, not medical
attendance
In determining incapacity, the injured
party must have an avocation at the
time of the injury. Work: includes studies
or preparation for a profession

Odette E. Paguio 278 of 414

 When the category of the offense of
serious physical injuries depends on the
period of the illness or incapacity for
labor, there must be evidence of the
length of that period. Otherwise, the
offense will only be considered as slight
physical injuries
There is no incapacity if the injured
party could still engage in his work
although less effectively than before
Serious physical injuries is qualified
when the crime is committed against the
same persons enumerated in the article
on parricide or when it is attended by
any of the circumstances defining the
crime of murder. However, serious
physical injuries resulting from
excessive chastisement by parents is
not qualified serious physical injuries

Odette E. Paguio 279 of 414

 ELEMENTS OF ADMINISTERING
INJURIOUS SUBSTANCES OR
BEVERAGES: (264)
1. That the offender inflicted upon
another person any serious physical
injury
2. That it was done knowingly
administering to him any injurious
substances or beverages or by taking
advantage of his weakness of mind of
credulity
3. He had no intent to kill
Notes:
1. It is frustrated murder when there is
intent to kill
2. Administering means introducing into
the body the substance, thus throwing
of the acid in the face is not
contemplated

Odette E. Paguio 280 of 414

 ELEMENTS OF LESS SERIOUS
PHYSICAL INJURIES: (265)
1. That the offended party is incapacitated
for labor for 10 days or more (but not
more than 30 days), or needs medical
attendance for the same period of time
2. That the physical injuries must not be
those described in the preceding
articles
Notes:
1. Circumstances qualifying the
offense:
when there is manifest intent to insult
or offend the injured person
when there are circumstances
adding ignominy to the offense
when the victim is either the
offenders parents, ascendants,
guardians, curators or teachers

Odette E. Paguio 281 of 414

 when the victim is a person of rank or
person in authority, provided the crime
is not direct assault
2. It falls under this article even if there
was no incapacity but the medical
treatment was for 13 days

SLIGHT PHYSICAL INJURIES: (266)

3 Kinds:
1. That which incapacitated the
offended party for labor from 1-9 days or
required medical attendance during the
same period
2. That which did not prevent the
offended party from engaging in his
habitual work or which did not require
medical attendance (ex. Black-eye)
3. Ill-treatment of another by deed
without causing any injury (ex. slapping
but without causing dishonor)

Odette E. Paguio 282 of 414

 RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353)
now classified the crime of rape as Crime
Against Persons incorporated into Title 8
of the RPC to be known as Chapter 3

Elements: Rape is committed

By a man who have carnal
knowledge of a woman under any of the
following circumstances:
a. through force, threat or intimidation
b. when the offended party is deprived
of reason or otherwise unconscious
c. by means of fraudulent machination
or grave abuse of authority
d. when the offended party is under 12
years of age or is demented, even
though none of the circumstances
mentioned above be present
By any person who, under any of the
circumstances mentioned in par 1

Odette E. Paguio 283 of 414

 hereof, shall commit an ac of sexual
assault by inserting
a. his penis into another persons
mouth or anal orifice, or
b. any instrument or object, into the
genital or anal orifice of another
person

Rape committed under par 1 is punishable

by:
1. reclusion perpetua
2. reclusion perpetua to DEATH when
a. victim became insane by reason or
on the occasion of rape
b. the rape is attempted and a homicide
is committed by reason or on the
occasion thereof
3. DEATH when
a. homicide is committed
b. victim under 18 years and offender
is:

Odette E. Paguio 284 of 414

 i. parent
ii. ascendant
iii. step-parent
iv. guardian
v. relative by consanguinity or affinity
with the 3rd civil degree or
vi. common law spouse of parent of
victim
c. under the custody of the police or
military authorities or any law
enforcement or penal institution
d. committed in full view of the spouse,
parent or any of the children or other
relatives within the 3rd degree of
consanguinity
e. victim is a religious engaged in
legitimate religious vocation or calling
and is personally known to be such by
the offender before or at the time of the
commission of the crime
f. a child below 7 years old

Odette E. Paguio 285 of 414

 g. offender knows he is afflicted with
HIV or AIDS or any other sexually
transmissible disease and the virus is
transmitted to the victim
h. offender; member of the AFP, or
para-military units thereof, or the PNP,
or any law enforcement agency or penal
institution, when the offender took
advantage of his position to facilitate the
commission of the crime
i. victim suffered permanent physical
mutilation or disability
j. the offender knew of the pregnancy of
the offended party at the time of the
commission of the crime; and
k. when the offender knew of the
mental disability, emotional disorder
and/or physical handicap or the
offended party at the time of the
commission of the crime

Odette E. Paguio 286 of 414

Rape committed under par 2 is punishable
by:
1. prision mayor
2. prision mayor to reclusion temporal
use of deadly weapon or
by two or more persons
3. reclusion temporal when the victim
has become insane
4. reclusion temporal to reclusion pepetua
rape is attempted and homicide is
committed
5. reclusion perpetua homicide is
committed by reason or on occasion of
rape
6. reclusion temporal committed with any
of the 10 aggravating circumstances
mentioned above

Notes:
The underscored words are the
amendments provided by RA 8353

Odette E. Paguio 287 of 414

Dividing age in rape:
a. less than 7 yrs old, mandatory death
b. less than 12 yrs old, statutory rape
c. less than 18 yrs old and there is
relationship (e.g. parent etc); mandatory
death

TITLE NINE
I. CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY

ELEMENTS OF KIDNAPPING AND

SERIOUS ILLEGAL DETENTION: (267)
1. Offender is a private individual
2. He kidnaps or detains another, or in any
other manner deprives the latter of his
liberty
3. The act of detention or kidnapping must
be illegal

Odette E. Paguio 288 of 414

4. That in the commission of the offense,
any of the following circumstances are
present (becomes serious)
a. that the he kidnapping/detention
lasts for more than 3 days
b. that it is committed simulating public
authority
c. that any serious physical injuries are
inflicted upon the person kidnapped or
detained or threats to kill him are made,
or
d. that the person kidnapped or
detained is a minor (except if parent is
the offender), female or a public officer

Note: When death penalty is imposed:

if kidnapping is committed for the
purpose of extorting ransom either from
the victim or from any other person even
if none of the aforementioned are
present in the commission of the offense

Odette E. Paguio 289 of 414

 (even if none of the circumstances are
present)
when the victim is killed or dies as a
consequence of the detention or is
raped or is subjected to torture or
dehumanizing acts

ELEMENTS OF SLIGHT ILLEGAL

DETENTION: (268)
1. Offender is a private person
2. He kidnaps or detains another or in
any other maner deprives him pof his
liberty / furnished place for the
perpetuation of the crime
3. That the act of detention or
kidnapping must be illegal
4. That the crime is committed without
the attendant of any of the
circumstances enumerated in Art 267

Note: Privileged mitigating circumstances:

Odette E. Paguio 290 of 414

 If the offender:
voluntarily releases the person so
kidnapped or detained within 3 days
from the commencement of the
detention
without having attained the purpose
intended and
before the institution of criminal
proceedings against him

ELEMENTS OF UNLAWFUL ARREST:

(269)
1. That the offender arrests or detains
another person
2. That the purpose of the offender is to
deliver him to the proper authorities
3. That the arrest or detention is not
authorized by law or there is no
reasonable ground therefor
Notes:

Odette E. Paguio 291 of 414

 Offender is any person, so either a
public officer or private individual
Refers to warrantless arrests
In art 125, the detention is for some
legal ground while here, the detention is
not authorized by law
In art 125, the crime pertains to failure to
deliver the person to the proper judicial
authority within the prescribed period
while here, the arrest is not authorized
by law

ELEMENTS OF KIDNAPPING AND

FAILURE TO RETURN A MINOR: (270)
1. That the offender is entrusted with
the custody of a minor person (whether
over or under 7 but less than 18 yrs old)
2. That he deliberately fails to restore
the said minor to his parents

Odette E. Paguio 292 of 414

 ELEMENTS OF INDUCING A MINOR
TO ABANDON HIS HOME: (271)
1. That the minor (whether over or
under 7) is living in the home of his
parents or guardians or the person
entrusted with his custody
2. That the offender induces a minor to
abandon such home
Notes:
Inducement must be actual,
committed with criminal intent and
determined by a will to cause damage
Minor should not leave his home of
his own free will
Mitigating if by father or mother

F. ELEMENTS OF SLAVERY: (272)

1. That the offender purchases. Sells,
kidnaps or detains a human being.
2. That the purpose of the offender is to
enslave such human being.

Odette E. Paguio 293 of 414

Note: Qualifying circumstance if the
purpose of the offender is to assign the
offended party to some immoral traffic
(prostitution), the penalty is higher

G. ELEMENTS OF EXPLOITION OF
CHILD LABOR: (273)
1. That the offender retains a minor in
his service.
2. That it is against the will of the minor.
3. That it is under the pretext of
reimbursing himself of a debt incurred
by an ascendant, guardian or person
entrusted with the custody of such
minor.

ELEMENTS OF SERVICES
RENDERED UNDER COMPULSION IN
PAYMENT OF DEBT: (274)

Odette E. Paguio 294 of 414

 1. That the offender compels a debtor
to work for him, either as household
servant or farm laborer.
2. That it is against the debtors will.
3. That the purpose is to require or
enforce the payment of a debt.

II. CRIMES AGAINST SECURITY

ABANDONMENT OF PERSON IN
DANGER AND ABANDONMENT OF
ONES OWN VICTIM: (275)
Acts punishable:
1. By failing to render assistance to any
person whom the offender finds in an
inhabited place wounded or in danger of
dying, when he can render such
assistance without detriment to himself,

Odette E. Paguio 295 of 414

 unless such omission shall constitute a
more serious offense
Elements
a. That place is not inhabited.
b. The accused found there a person
wounded or in danger of dying.
c. The accused can render assistance
without detriment to himself.
d. The accused fails to render
assistance.

2. By failing to help or render assistance to

another whom the offender has
accidentally wounded or injured
3. By failing to deliver a child, under 7
whom the offender has found abandoned,
to the authorities or to his family, or by
failing to take him to a safe place

B. ELEMENTS OF ABANDONING A
MINOR: (276)

Odette E. Paguio 296 of 414

 1. That the offender has the custody of
a child.
2. That the child is under seven years
of age.
3. That he abandons such child.
4. That he has no intent to kill the child
when the latter is abandoned.
Notes:
1. Conscious, deliberate, permanent,
unless punishable by a more serious
offense
2. Qualifying circumstances:
when the death of the minor resulted
from such abandonment
if the life of the minor was in danger
because of the abandonment

C. ELEMENTS OF ABANDONMENT OF
MINOR BY PERSON ENTRUSTED WITH
HIS CUSTODY; INDIFFERENCE OF
PARENTS: (277)

Odette E. Paguio 297 of 414

Acts punished:
1. By delivering a minor to a public
institution or other persons w/o consent of
the one who entrusted such minor to the
care of the offender or, in the absence of
that one, without the consent of the proper
authorities
Elements:
a. That the offender has charged of the
rearing or education of a minor.
b. That he delivers said minor to a
public institution or other persons.
c. That the one who entrusted such
child to the offender has not consented
to such act, or if the one who entrusted
such child to the offender is absent;
the proper authorities have not
consented to it.
2. By neglecting his (offenders) children
by not giving them education which their

Odette E. Paguio 298 of 414

 station in life requires and financial
condition permits
Elements:
a. That the offender is a parent.
b. That he neglects his children by not
giving them education.
c. That his station in life requires such
education and his financial condition
permits it.

D. ELEMENTS OF EXPLOITATION OF
MINORS: (278)
Acts punished:
By causing any boy or girl under 16 to
perform any dangerous feat of balancing,
physical strength or contortion, the
offender being any person
By employing children under 16 who are
not the children or descendants of the
offender in exhibitions of acrobat,
gymnast, rope-walker, diver, or wild-

Odette E. Paguio 299 of 414

 animal tamer or circus manager or
engaged in a similar calling
By employing any descendant under 12 in
dangerous exhibitions enumerated in the
next preceding paragraph, the offender
being engaged in any of said callings
By delivering a child under 16 gratuitously
to any person following any of the callings
enumerated in par 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
By inducing any child under 16 to
abandon the home of its ascendants;
guardians, curators or teachers to follow
any person engaged in any of the callings
mentioned in par 2 or to accompany any
habitual vagrant or beggar, the offender
being any person

Odette E. Paguio 300 of 414

Note: Qualifying Circumstance if the
delivery of the child to any person following
any of the callings of acrobat, rope-walker,
diver or wild-animal trainer or circus
manager or to any habitual vagrant of
beggar is made in consideration of any
price, compensation or promise, the penalty
is higher.

E. ADDITIONAL PENALTIES FOR

OTHER OFFENSES: (279)

F. ELEMENTS OF TRESPASS TO
DWELLING: (280)
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latters
will.

Notes:

Odette E. Paguio 301 of 414

Qualifying circumstance: if the offense is
committed by means of violence or
intimidation, the penalty is higher
There must be an opposition to the entry
of the accused
Implied prohibition is present considering
the situation late at night and everyones
asleep or entrance was made through the
window
Prohibition is not necessary when
violence or intimidation is employed by
the offender
When there is no overt act of the crime
intended to be committed, this is the crime
May be committed even by the owner (as
against the actual occupant)
Not applicable to:
a. entrance is for the purpose of
preventing harm to himself, the
occupants or a third person

Odette E. Paguio 302 of 414

 b. purpose is to render some service to
humanity or justice
c. place is a caf, tavern etc while open
8. Medina case: when the accused entered
the dwelling through the window, he had no
intent to kill any person inside, but the
intention to kill came to his mind when he
was being arrested by the occupants
thereof, the crime of trespass to dwelling is
a separate and distinct offense from
frustrated homicide

G. ELEMENTS OF OTHER FORMS OF

TRESPASS: (281)
That the offender enters the closed
premises or the fenced estate of another.
That the entrance is made while either of
them is uninhabited.
That the prohibition to enter be manifest.

Odette E. Paguio 303 of 414

That the trespasser has not secured the
permission of the owner or the caretaker
thereof.

GRAVE THREATS WHERE

OFFENDER ATTAINED HIS PURPOSE:
(282)
Acts punishable:
By threatening another with the infliction
upon his person, honor or property that of
his family of any wrong amounting to a
crime and demanding money or imposing
any other condition, even though not
unlawful and the offender (Note: threat is
with condition)
Elements
a. That the offender threatens another
person with the infliction upon the
latters person, honor or property, or
upon that of the latters family, of any
wrong.

Odette E. Paguio 304 of 414

 b. That such wrong amounts to a crime.
c. That there is a demand for money or
that any other condition is imposed,
even though not unlawful.
d. That the offender attains his
purpose.
By making such threat without the
offender attaining his purpose
By threatening another with the infliction
upon his person, honor or property or that
of his family of any wrong amounting to a
crime, the threat not being subject to a
condition (Note: threat is without
condition)
Elements
a. That the offender threatens another
person with the infliction upon the
latters person, honor or property, or
upon that of the latters family, of any
wrong.
b. That such wrong amounts to a crime.

Odette E. Paguio 305 of 414

 c. That the threat is not subject to a
condition
Notes:
1. Aggravating circumstances: if made in
writing or thru a middleman
2. Frustrated if not received by the
person being threatened
3. Art 284 bond from good behavior may
be imposed (only in these offenses)
I. ELEMENTS OF LIGHT THREATS:
(283)
1. That the offender makes a threat to
commit a wrong.
2. That the wrong does not constitute a
crime.
3. That there is a demand for money or
that other condition is imposed, even
though not unlawful
4. That the offender has attained his
purpose or, that he has not attained his
purpose

Odette E. Paguio 306 of 414

Art 284 bond from good behavior may be
imposed Notes:
1. (only in these offenses)
2. The wrong does not amount to a crime

J. BOND FOR GOOD BEHAVIOR: (284)

K. ELEMENTS OF OTHER LIGHT

THREATS: (285)
1. Person shall threaten another with a
weapon, or draw weapon in a quarrel
unless in self-defense.
2. In the heat of anger, person orally
threatens another with some harm
constituting a crime, without persisting in
the idea involved in the threat.
Subsequent acts did not persist.
3. Person orally threatens another with
harm not constituting a felony.

Odette E. Paguio 307 of 414

L. ELEMENTS OF GRAVE COERCIONS:
(286)
1. That a person prevented another from

doing something OR not to do something

against his will, be it right or wrong;
2. That the prevention or compulsion be
effected by violence, of force as would
produce intimidation and control the will.
3. That the person that restrained the will

and liberty by another had not the

authority of law or the right to do so, or, in
other words, that the restraint shall not be
made under authority of law or in the
exercise of any lawful right.

M. ELEMENTS OF LIGHT COERCIONS:

(287)
That the offender must be a creditor.
That he seizes anything belonging to his
debtor.

Odette E. Paguio 308 of 414

That the seizure of the thing be
accomplished by means of violence or a
display of material force producing
intimidation;
That the purpose of the offender is to
apply the same to the payment of the
debt.

N. ELEMENTS OF OTHER SIMILAR

COERCIONS: (288)
ELEMENTS OF NO. 1
1. That the offender is any person, agent
or officer of any association or
corporation.
2. That he or such firm or corporation has
employed laborers or employees.
3. That he forces or compels, directly or
indirectly, or knowingly permits to be
forced or compelled, any of his or its
laborers or employees to purchase

Odette E. Paguio 309 of 414

 merchandise or commodities of any kind
from his or from said firm or corporation.
ELEMENTS OF NO. 2
That the offender pays the wages due a
laborer or employee employed by him by
means of tokens or objects.
That those tokens or objects are other
than the legal tender currency to the
Philippines.
That such employee or laborer does not
expressly request that he be paid by
means of tokens or objects.

O. ELEMENTS OF FORMATION,
MAINTENANCE, AND PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR
THROUGH VIOLENCE OR THREATS:
(289)
1. That the offender employs violence or
threats, in such a degree as to compel or

Odette E. Paguio 310 of 414

 force the laborers or employers in the free
and legal exercise of their industry or work
2. That the purpose is to organize,
maintain or prevent coalitions of capital or
labor, strike of laborers or lockout of
employees.

III. DISCOVERY AND REVELATION OF

SECRETS

A. ELEMENTS OF DISCOVERING
SECRETS THROUGH SEIZURE OF
CORRESPONDENCE: (290)
That the offender is a private individual
or even a public officer not in the
exercise of his official function,
That he seizes the papers or letters of
another.
That the purpose is to discover the
secrets of such another person.

Odette E. Paguio 311 of 414

 That offender is informed of the contents
or the papers or letters seized.
Notes:
1. Not applicable to parents with
respect to minor children
2. Contents need not be secret but
purpose prevails
3. Circumstances qualifying the
offense: when the offender reveals
contents of such papers or letters of
another to a 3rd person, the penalty is
higher

B. ELEMENTS OF REVEALING
SECRETS WITH ABUSE OF OFFICE:
(291)
That the offender is a manager,
employee or servant.
That he learns the secrets of his
principal or master in such capacity.
That he reveals such secrets.

Odette E. Paguio 312 of 414

C. ELEMENTS OF REVELATION OF
INDUSTRIAL SECRETS: (292)
1. That the offender is a person in
charge, employee or workman of a
manufacturing or industrial
establishment.
2. That the manufacturing or industrial
establishment has a secret of the
industry which the offender has learned.
3. That the offender reveals such
secrets.
4. That the prejudice is caused to the
owner.

TITLE TEN
I. CRIMES AGAINST PROPERTY

A. ELEMENTS OF ROBBERY IN
GENERAL: (293)

Odette E. Paguio 313 of 414

 1. That there be personal property
belonging to another.
2. That there is unlawful taking of that
property.
3. That the taking must be with intent to
gain, and
4. That there is violence against or
intimidation of any person, or force upon
anything.
Notes:
1. Belonging to another person from
whom property was taken need not be
the owner, legal possession is sufficient
2. Name of the real owner is not
essential so long as the personal
property taken does not belong to the
accused except if crime is robbery with
homicide
3. Taking of personal property must
be unlawful; if given in trust estafa

Odette E. Paguio 314 of 414

 4. As to robbery with violence or
intimidation from the moment the
offender gains possession of the thing
even if offender has had no opportunity
to dispose of the same, the unlawful
taking is complete
5. As to robbery with force upon things
thing must be taken out of the building
6. Intent to gain presumed from
unlawful taking
7. Taking must not be under the claim
of title or ownership
8. When theres no intent to gain but
there is violence in the taking grave
coercion
9. Violence or intimidation must be
against the person of the offended party,
not upon the thing
10. General rule: violence or intimidation
must be present before the taking is
complete

Odette E. Paguio 315 of 414

 11. Except: when violence results in
homicide, rape, intentional mutilation or
any of the serious physical injuries in
par 1 and 2 of art 263, the taking of the
property is robbery complexed with any
of these crimes under art 294, even if
taking is already complete when
violence was used by the offender
12. Use of force upon things entrance
to the building by means described in
arts 299 and 302 (offender must enter)
13. When both violence or intimidation
and force upon things concur it is
robbery with violence

Robbery Grave Grave coercion

with threats
violence
Intent to No intent None
gain to gain
Immediat Intimidati Intimidation

Odette E. Paguio 316 of 414

e harm on; (effect) is
promises immediate and
some offended party is
future compelled to do
harm or something
injury against his will
(w/n right or
wrong)

Robbery Bribery
X didnt commitX has committed
crime but is
a crime and gives
intimidated to deprivemoney as way to
him of his property avoid arrest or
prosecution
Deprived of Php thru Giving of Php is
force or intimidation in one sense
voluntary
Neither Transaction is
voluntary and

Odette E. Paguio 317 of 414

 mutual
Ex. defendant
demands payment of
P2.00 with threats of
arrest and
prosecution,
therefore, robbery
because (a) intent to
gain and (b)
immediate harm

ELEMENTS OF ROBBERY WITH

VIOLENCE AGAINST OR
INTIMIDATION OF PERSON: (294)
Acts punished as robbery with violence
against or intimidation of persons
By reason or on occasion of the robbery,
the following are committed:
homicide

Odette E. Paguio 318 of 414

 robbery accompanied with rape or
intentional mutilation, SPI insane,
imbecile, impotent or blind
SPI lost the use of speech, hear,
smell, eye, hand, foot, arm, leg, use of
any such member, incapacitated for
work habitually engaged in
Violence/intimidation shall have been
carried to a degree clearly unnecessary
for the crime or when in the cause of its
execution SPI/deformity, or shall have
lost any part of the body or the use
thereof or shall have been ill or
incapacitated for the performance of the
work for > 90 days; > 30 days
Any kind of robbery with less serious
physical injuries or slight physical
injuries
Notes:
special complex crimes (specific penalties
prescribed)

Odette E. Paguio 319 of 414

 robbery with homicide if original
design is robbery and homicide is
committed robbery with homicide even
though homicide precedes the robbery
by an appreciable time. If original design
is not robbery but robbery was
committed after homicide as an
afterthought 2 separate offenses. Still
robbery with homicide if the person
killed was an innocent bystander and
not the person robbed and if death
supervened by mere accident.
robbery with rape intent to commit
robbery must precede rape. Prosecution
of the crime need not be by offended
party fiscal can sign the information.
When rape and homicide co-exist, rape
should be considered as aggravating
only and the crime is still robbery with
homicide

Odette E. Paguio 320 of 414

 robbery with intimidation acts done
by the accused which by their own
nature or by reason of the
circumstances inspire fear in the person
against whom they are directed
qualifying circumstances in robbery with
violence or intimidation of persons, if any
of the offenses defined in subdivisions 3,
4 and 5 of Art 294 is committed:
a. in an uninhabited place or
b. by a band or
c. by attacking a moving train, street car,
motor vehicle or airship, or
d. by entering the passengers
compartments in a train, or in any
manner taking the passengers thereof
by surprise in the respective
conveyances, or
e. on a street, road, highway or alley and
the intimidation is made with the use of
firearms, the offender shall be punished

Odette E. Paguio 321 of 414

 by the max period of the proper
penalties prescribed in art 294

QUALIFIED ROBBERY WITH

VIOLENCE OR INTIMIDATION (295)
Notes:
1. Must be alleged in the information
2. Cant be offset by generic mitigating
3. Art 295 will not apply to: robbery w/
homicide, rape or SPI under par 1 of art
263

ROBBERY BY A BAND: (296)

Notes:
1. More than 3 armed malefactors
2. Liability for the acts of the other
members of the band
a. he was a member of the band
b. he was present at the commission of
a robbery by that band

Odette E. Paguio 322 of 414

 c. other members of the band
committed an assault
d. he did not attempt to prevent the
assault
3. Conspiracy to commit robbery with
homicide even if less than 4 armed men
4. Conspiracy to commit robbery only but
homicide was committed also on the
occasion thereof all members of the
band are liable for robbery with homicide
5. Conspiracy is presumed when 4 or more
armed persons committed robbery
6. Unless the others attempted to prevent
the assault guilty of robbery by band
only

ATTEMPTED OR FRUSTRATED
ROBBERY WITH HOMICIDE: (297)
Notes:
Whether robbery is attempted or
frustrated, penalty is the same

Odette E. Paguio 323 of 414

Where offense committed is attempted or
frustrated robbery with serious physical
injuries article 48 is applicable

F. ELEMENTS OF EXECUTION OF
DEEDS BY MEANS OF VIOLENCE OR
INTIMIDATION: (298)
1. That the offender has intent to defraud
another.
2. That the offender compels him to sign,
execute, or deliver any public instrument
or document.
3. That the compulsion is by means of
violence or intimidation.

G. ELEMENTS OF ROBBERY IN AN
INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO
WORSHIP: (299)

Odette E. Paguio 324 of 414

That the offender entered (a) an inhabited
house, or (b) public buildings, or (c)
edifice devoted to religious worship.
That the entrance was effected by any of
the following means:
a. Through an opening not intended for
entrance or egress.
b. By breaking any wall, roof, or floor or
breaking any door or window.
c. By using false keys, picklocks or
similar tools or.
d. By using any fictitious name or
pretending the exercise of public
authority.
That once inside the building, the offender
took personal property belonging to
another with intent to gain.
Notes:
1. Includes dependencies (stairways,
hallways, etc.)

Odette E. Paguio 325 of 414

 2. Inhabited house any shelter, ship
or vessel constituting the dwelling of one
or more person even though temporarily
absent dependencies, courts, corals,
barns, etc.
3. NOT INCLUDED ORCHARD,
LANDS FOR CULTIVATION.
4. Important for robbery by use of force
upon things, it is necessary that offender
enters the building or where object may
be found. NO ENTRY, NO ROBBERY
5. Entrance is necessary mere
insertion of hand is not enough (whole
body); not to get out but to enter
therefore, evidence to such effect is
necessary
6. P v. Lamahang intent to rob being
present is necessary
7. Place: house or building; not car
8. Public building every building
owned, rented or used by the

Odette E. Paguio 326 of 414

 government (though owned by private
persons) though temporarily vacant
9. Not robbery passing through open
door but getting out of a window
10. Outside door must be broken,
smashed. Theft if lock is merely
removed or door was merely pushed
11. False keys genuine keys stolen
from the owner or any keys other than
those intended by the owner for use in
the lock
12. Picklocks specially made, adopted
for commission of robbery
13. Key stolen not by force, otherwise,
its robbery by violence and intimidation
against persons
14. False key used in opening house
and not furniture inside, otherwise, theft
(for latter to be robbery., must be broken
and not just opened)

Odette E. Paguio 327 of 414

 15. Gen. Rule: outside door. Exception:
inside door in a separate dwelling
16. E.g. pretending to be police to be
able to enter (not pretending after
entrance)

ELEMENTS OF ROBBERY WITH FORCE

UPON SUBDIVISION (B) OR ART.
299
1. That the offender is inside a dwelling
house, public building, or edifice devoted
to religious worship, regardless of the
circumstances under which he entered it
2. That the offender takes personal
property belonging to another with intent
to gain, under any of the following
circumstances.
by the breaking of doors, wardrobes,
chests, or any other kind of locked or
sealed furniture or receptacle, or

Odette E. Paguio 328 of 414

 by taking such furniture or objects
away to be broken or forced open
outside the place of the robbery.
Notes:
Entrance ( no matter how done)
Offender may be servants or guests
Destruction of keyhole of cabinet is
robbery here
When sealed box is taken out for the
purpose of breaking it, no need to open
already consummated robbery
Estafa if box is in the custody of
acc
Theft if box found outside and
forced open

H. ROBBERY IN AN UNINHABITED
PLACE AND BY A BAND: (300)

WHAT IS AN UNINHABITED HOUSE,

PUBLIC BUILDING OR BUILDING

Odette E. Paguio 329 of 414

 DEDICATED TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES: (301)
Notes:
1. dependencies are all interior courts,
corrals, warehouses, granaries or
enclosed places:
contiguous to the building
having an interior entrance
connected therewith
which form part of the whole
2. Garage must have 3 requirements.
Exception: orchards/lands

J. ELEMENTS OF ROBBERY IN AN
UNINHABITED PLACE OR IN A PRIVATE
BUILDING: (302)
1. That the offender entered an
uninhabited place or a building which was
not a dwelling house, not a public
building, or not an edifice devoted to
religious worship.

Odette E. Paguio 330 of 414

2. that any of the following circumstances
was present:
a. That entrance was effected through
an opening not intended for entrance or
egress.
b. A wall, roof, floor, or outside door or
window was broken.
c. The entrance was effected through
the use of false keys, picklocks or other
similar tools.
d. A door, wardrobe, chest, or any
sealed or closed furniture or receptacle
was broken or
e. A closed or sealed receptacle was
removed, even if the same be broken
open elsewhere.
3. That with intent to gain the offender took
therefrom personal property belonging to
another.
Notes:

Odette E. Paguio 331 of 414

 1. Second kind of robbery with force
upon things
2. Uninhabited place is an
uninhabited building (habitable, not any
of the 3 places mentioned)
3. Ex. warehouse, freight car, store.
Exception: pigsty
4. Same manner as 299 except that
was entered into was an uninhabited
place or a building other than the 3
mentioned in 299. Exception: does not
include use of fictitious name or
pretending the exercise of public
authority
5. Breaking of padlock (but not door) is
only theft
6. False keys genuine keys stolen
from the owner or any other keys other
than those intended by the owner for
use in the lock forcibly opened

Odette E. Paguio 332 of 414

K. ROBBERY OF CEREALS, FRUITS OR
FIRE WOOD IN AN UNINHABITED
PLACE OR PRIVATE BUILDING: (303)

L. ELEMENTS OF ILLEGAL
POSSESSION OF PICKLOCKS OR
SIMILAR TOOLS: (304)
1. That the offender has in his possession
picklocks or similar tools.
2. That such picklocks or similar tools are
specially adopted to the commission of
robbery.
3. That the offender does not have lawful
cause for such possession.
Note: Actual use of the same is not
necessary

M. ELEMENTS OF FALSE KEYS: (305)

1. Picklocks, etc.

2. Genuine key stolen from owner.

Odette E. Paguio 333 of 414

 Any key other than those intended by
3.

owner for use in the lock forcibly opened

by the offender
Notes:
1. Possession of false keys here not
punishable
2. If key was entrusted and used to
steal, not robbery (not stolen)

II. BRIGANDAGE

A. BRIGANDAGE: (306)
Brigands more than three armed persons
forming a band
Purpose:
a. Robbery in highway
b. Kidnapping for extortion or ransom.
Any other purpose to be obtained by
means of force and violence.
Presumption of Brigandage:

Odette E. Paguio 334 of 414

 if members of lawless band and
possession of unlicensed firearms
(any of them)
possession of any kind of arms (not
just firearm)

BRIGANDAG ROBBERY IN BAND

E
Purposes are Only to commit robbery,
given not necessarily in hi-way
Mere If the purpose is to
formation of a commit a part robbery
band for the
above
purpose
Necessary to prove that
band actually committed
robbery

Odette E. Paguio 335 of 414

B. ELEMENTS OF AIDING AND
ABETTING A BAND OF BRIGANDS:
(307)
1. That there is a band of brigands.
2. That the offender knows the band to be
of brigands.
3. That the offender does any of the
following acts:
a. he in any manner aids, abets or
protects such band if brigands, or
b. he gives them information of the
movements of the police or other peace
officers of the government or
c. He acquires or receives the property
taken by such brigands.
Notes:
1. PD 532 brigandage. Seizure of any
person for: (a) ransom; (b) extortion or
other unlawful purpose; (c) taking away
of property by violence or intimidation or

Odette E. Paguio 336 of 414

 force upon things or other unlawful
means
2. Committed by any person
3. On any Phil hi-way

III. THEFT

A. ELEMENTS OF THEFT: (308)

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

Persons liable:
1. Those who

Odette E. Paguio 337 of 414

 a) with intent to gain
b) but without violence against or
intimidation of persons not force upon
things
c) take
d) personal property
e) of another
f) without the latters consent
2. Those who
a) having found lost property
b) fail to deliver the same to local
authorities or its owner
Notes:
1. Retention of money/property found is
theft. Retention is failure to return (intent
to gain)
2. Knowledge of owner is not required,
knowledge of loss is enough
3. Finder in law is liable
3. Those who

Odette E. Paguio 338 of 414

 a) after having maliciously damaged
the property of another
b) remove or make use of the fruits or
object of the damage caused by them
Note: Killing of cattle of another which
destroyed his property and getting meat
for himself
4. Those who
a) enter an enclosed estate or a field
where
b) trespass is forbidden or which
belongs to another and, without the
consent of its owner
c) hunts or fish upon the same or
gather fruits, cereals or other forest or
farm products
Notes:
Theft is consummated when offender
is able to place the thing taken under his
control and in such a situation as he
could disclose of it at once (though no

Odette E. Paguio 339 of 414

 opportunity to dispose) i.e, the control
test
P v. Dino applies only in theft of
bulky goods (meaning there has to be
capacity to dispose of the things).
Otherwise, P v. Espiritu full
possession is enough
Servant using car without permission
deemed qualified theft though use was
temporary
Reyes says: there must be some
character of permanency in depriving
owner of the use of the object and
making himself the owner, therefore
must exclude joyride
Theft: if after custody (only material
possession) of object was given to the
accused, it is actually taken by him (no
intent to return) e.g. felonious
conversion. But it is estafa if juridical

Odette E. Paguio 340 of 414

 possession is transferred e.g., by
contract of bailment
Includes electricity and gas
a. inspector misreads meter to earn
b. one using a jumper
Selling share of co-partner is not
theft
Salary must be delivered first to
employee; prior to this, taking of Php is
theft
If offender claims property as his
own (in good faith) not theft (though
later found to be untrue. If in bad faith
theft)
Gain is not just Php satisfaction,
use, pleasure desired, any benefit (e.g.
joyride)
Actual gain is not necessary (intent
to gain necessary)
Allege lack of consent in info is
important

Odette E. Paguio 341 of 414

B. ELEMENTS OF HUNTING, FISHING
OR GATHERING FRUITS, ETC. IN
ENCLOSED ESTATE
(PAR. NO.3, ART. 308)
That there is an enclosed estate or a field
where trespass is forbidden or which
belongs to another;
That the offender enters the same.
That the offender hunts or fishes upon the
same or gathers fruits, cereals or other
forest or farm products, and
That the hunting or fishing or gathering of
products is without the consent of the
owner.

Note: Fish not in fishpond, otherwise,

qualified

C.PENALTIES FOR QUALIFIED THEFT;

(309)

Odette E. Paguio 342 of 414

D. ELEMENTS OF QUALIFIED THEFT:
(310)
Committed by domestic servant, or
With grave abuse of confidence, or
Property stolen is:
a. motor vehicle
b. mail matter
c. large cattle
d. coconut from plantation
e. fish from fishpond or fishery, or
On occasion of calamities and civil
disturbance.

Notes:
grave abuse high degree of
confidence e.g. guests
no confidence, not qualified theft
theft material possession estafa
juridical possession

Odette E. Paguio 343 of 414

 qualified: if done by one who has
access to place where stolen property is
kept e.g., guards, tellers
novation theory applies only if theres
a relation
industrial partner is not liable for QT
(estafa)
when accused considered the deed
of sale as sham (modus) and he had
intent to gain, his absconding is QT
see carnapping law: RA 6539
motor vehicle in kabit system sold to
another-theft. Motor vehicle not used as
PU in kabit system but under K of lease-
estafa
mail matter private mail to be QT,
Not postmaster Art. 226
theft of large cattle

Odette E. Paguio 344 of 414

E. ELEMENTS OF THEFT OF PROPERTY
OF THE NATIONAL LIBRARY AND
NATIONAL MUSEUM: (311)

IV. USURPATION

A. ELEMENTS OF OCCUPATION OF
REAL PROPERTY OR USURPATION OF
REAL RIGHTS IN PROPERTY: (312)
That the offender takes possession of any

real property or usurps any real rights in

property.
That the real property or real rights belong

to another.
That violence against or intimidation of

persons is used by the offender in

occupying real property or usurpation real
rights in property.
That there is intent to gain.

Odette E. Paguio 345 of 414

B. ELEMENTS OF ALTERING
BOUNDARIES OR LANDMARKS: (313)
1. That there be boundary marks or
monuments of towns, provinces, or
estates, or any other marks intended to
designate the boundaries of the same.
2. That the offender alters said boundary
marks.

V. CULPABLE INSOLVENCY

A. ELEMENTS OF FRAUDULENT
INSOLVENCY: (314) (culpable insolvency)
1. That the offender is a debtor; that is, he
was obligations due and payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.

VI. SWINDLING AND OTHER DECEITS

Odette E. Paguio 346 of 414

 ELEMENTS OF ESTAFA IN
GENERAL: (315)
1. That the accused defrauded another (a.)
by abuse of confidence, or (b) or means
of deceit and
2. That damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third person

B. ELEMENTS OF ESTAFA WITH

UNFAITHFULNESS: (315)
That the offender has an onerous
obligation to deliver something of value.
That he alters its substance, quantity, or
quality.
That damage or prejudice is caused to
another.

C. ELEMENTS OF ESTAFA WITH ABUSE

OF CONFIDENCE UNDER SUBDIVISION
NO.1 PAR. (B), OF ART.315

Odette E. Paguio 347 of 414

1. That money, goods, or other personal
property be received by the offender in
trust, or on commission, or for
administration, or under any other
obligation involving the duty to make
delivery of or to return, the same.
2. That there be misappropriation or
conversion of such money or property by
the offender, or dental on his part of such
receipt.
3. that such misappropriation or
conversion or dental is to the prejudice of
another and
4. That there is a demand made by the
offended party to the offender.

D. 2ND ELEMENT OF ESTAFA WITH

ABUSE OF CONFIDENCE UNDER
PARAGRAPH (B), SUBDIVISION N0.1,
ART. 315 = 3 WAYS OF COMMITTING:
1. By misappropriating the thing received.

Odette E. Paguio 348 of 414

2. By converting the thing received.
3. By denying that the thing was received.

Notes:
1. Unfaithful or Abuse of Confidence
a. by altering the substance
b. existing obligation to deliver even if it
is not a subject of lawful commerce
c. thing delivered has not been fully or
partially paid for not estafa
c. no agreement as to quality No
estafa if delivery is unsatisfactory

2. By misappropriating and converting

thing is received by offender under
transactions transferring juridical
possession, not ownership
under PD 115 (Trust Receipts Law)
failure to turn over to the bank the

Odette E. Paguio 349 of 414

 proceeds of the sale of the goods
covered by TR Estafa
same thing received must be
returned otherwise estafa; sale on credit
by agency when it was to be sold for
cash estafa
Estafa not affected by Novation of
Contract because it is a public offense
Novation must take place before
criminal liability was incurred or perhaps
prior to the filing of the criminal
information in court by state prosecutors
Misappropriating to take something
for ones own benefit
g. Converting act of using or disposing
of anothers property as if it was ones
own; thing has been devoted for a
purpose or use different from that
agreed upon

Odette E. Paguio 350 of 414

 h. There must be prejudice to another
not necessary that offender should
obtain gain
i. Partners No estafa of money or
property received for the partnership
when the business is commercial and
profits accrued. BUT if property is
received for specific purpose and is
misappropriated estafa!
j. Failure to account after the DEMAND is
circumstantial evidence of
misappropriation
k. DEMAND is not a condition
precedent to existence of estafa when
misappropriation may be established by
other proof
l. In theft, upon delivery of the thing to the
offender, the owner expects an
immediate return of the ting to him
otherwise, Estafa

Odette E. Paguio 351 of 414

 m. Servant, domestic or employee who
misappropriates a thing he received
from his master is NOT guilty of estafa
but of qualified theft
3. When in the prosecution for
malversation the public officer is
acquitted, the private individual allegedly
in conspiracy with him may be held liable
for estafa

ESTAFA WITH MALVERSATION

ABUSE OF
CONFIDENCE
Offenders are offenders are
entrusted with funds entrusted with
or property and are funds or property
continuing offenses and are
continuing
offenses
Funds: always Funds: public
private funds or property

Odette E. Paguio 352 of 414

Offender: private Offender: public
individual, or public officer
officer not accountable for
accountable public funds
Committed by Committed by
misappropriating, appropriating,
converting, denying taking,
having received misappropriating
money

E. ELEMENTS OF ESTAFA BY TAKING

UNDUE ADVANTAGE OF THE
SIGNATURE IN BLANK: (315)
1. That the paper with the signature of the
offended party be in blank.
2. That the offended party should have
delivered it to offender.
3. That above the signature of the
offended party a document is written by
the offender without authority to do so.

Odette E. Paguio 353 of 414

4. That the document so written creates a
liability of, or causes damage to, the
offended party or any third person.
Note: If the paper with signature in blank
was stolen Falsification if by making it
appear that he participated in a transaction
when in fact he did not so participate

F. ELEMENTS OF ESTAFA BY MEANS

OF DECEIT: (315)
1. that there must be a false pretense,
fraudulent means must be made or
executed prior to or
2. That such false pretense, fraudulent act
or fraudulent means must be made or
executed prior to or simultaneously with
the commission of the fraud.
3. That the offended party must have relied
on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced
to part with his money or property

Odette E. Paguio 354 of 414

 because of the false pretense, fraudulent
act, or fraudulent means.
4. That as a result thereof, the offended
party suffered damage.
Notes:
False pretenses or fraudulent acts
executed prior to or simultaneously with
delivery of the thing by the complainant
There must be evidence that the pretense
of the accused that he possesses
power/influence is false

G. ELEMENTS OF ESTAFA BY
POSTDATING A CHECK OR ISSUING A
CHECK IN PAYMENT OF AN
OBLIGATION: (315)
1. That the offender postdated a check, or
issued a check in payment of an
obligation.
2. That such postdatig or issuing a check
was done when the offender had no funds

Odette E. Paguio 355 of 414

 in the bank or his funds deposited therein
were not sufficient to cover the amount of
the check.
Notes:
good faith is a defense. (PP. VS.
VILLAPANDO, 56 PHIL.31)
dishonor from lack of funds to prima
facie evidence of deceit or failure to
make good within three days after notice
of.
No funds in the bank or his funds are
not sufficient
If check was issued in payment of
pre-existing debt no estafa
Offender must be able to obtain
something from the offended party by
means of the check he issues and
delivers
If postdating a check issued as mere
guarantee/promissory note no estafa

Odette E. Paguio 356 of 414

H. ELEMENTS OF OFFENSE DEFINED IN
THE FIRST PARAGRAPH OF SECTION 1:
BP 22
1. That a person makes or draws and
issues any check.
2. That the check is made or drawn and
issued to apply on account or for value.
3. That the person who makes or draws
and issues the check knows at the time
of issue that he does not have sufficient
funds
in or credit with the drawee bank for the
payment of such check in full upon its
presentment.
4. That the check is subsequently
dishonored by the drawee bank for
insufficiency of funds or credit, or would
have been
dishonored for the same reason had not
the drawee, without any valid reason,
ordered the bank to stop payment.

Odette E. Paguio 357 of 414

Note: Failure to make good within 5
banking days prima facie evidence of
knowledge of lack and insufficiency

I. ELEMENTS OF THE OFFENSE

DEFINED IN THE SECOND PARAGRAPH
OF SECTION 1: BP 22
That a person has sufficient funds in or
credit with the drawee bank when he
makes or draws and issues a check.
That he fails to keep sufficient funds or to
maintain a credit to cover the full amount
of the check if presented within
a period of 90 days from the date
appearing thereon.
That the check is dishonored by the
drawee bank.
Note: Failure to make good within 5
banking days prima facie evididence of
knowledge of lack and insufficiency

Odette E. Paguio 358 of 414

J. BY OBTAINING FOOD OR CREDIT AT
HOTELS, INNS, RESTAURANTS ETC.

K. ELEMENTS OF ESTAFA BY
INDUCING ANOTHER TO SIGN ANY
DOCUMENTS: (315)
1. That the offender induced the offended
party to sign a document.
2. That deceit be employed to make him
sign the document.
3. That the offended party personally
signed the document.
4. That prejudice be caused.
Note: If offended party willingly signed the
document and there was deceit as to the
character or contents of the document
falsification; but where the accused made
representation to mislead the complainants
as to the character of the documents -
estafa

Odette E. Paguio 359 of 414

L. ELEMENTS OF ESTAFA BY
REMOVING, CONCEALING OR
DESTROYING DOCUMENTS: (315)
1. That there be court records, office files,
documents or any other papers.
2. That the offender removed, concealed
or destroyed any of them.
3. That the offender had intent to defraud
another.
Note: No intent to defraud destroying or
removal = malicious mischief

M. DAMAGE OR PREJUDICE CAPABLE

OF PECUNIARY ESTIMATION: (315)
(second element of any form of estafa)
THE ELEMENTS OF DAMAGE OR
PREJUDICE MAY CONSIST OF THE FF.:
1. The offender party being deprived of his
money or property, as a result of the
defraudation.
2. Disturbance in property right or

Odette E. Paguio 360 of 414

3. Temporary prejudice.

N. ELEMENTS OF SWINDLING (PAR.1)

BY CONVEYING, SELLING,
ENCUMBERING, OR MORTGAGING ANY
REAL PROPERTY, PRETENDING TO BE
THE OWNER OF THE SAME: (316)
That the thing be immovable, such as a
parcel of land or a building.
That the offender who is not the owner of
said property represented that he is the
owner thereof.
That the offender should have executed
an act of ownership (selling, leasing,
encumbering or mortgaging the real
property).
That the act be made to the prejudice of
the owner or a third person.

ESTAFA INFIDELITY IN THE

CUSTODY OF

Odette E. Paguio 361 of 414

 DOCUMENTS
Private Public officer entrusted
individual was
entrusted
Intent to No intent to defraud
defraud

O. ELEMENTS OF SWINDLING (PAR. 2)

BY DISPOSING OF REAL PROPERTY AS
FREE FROM ENCUMBRANCE,
ALTHOUGH SUCH ENCUMBRANCE BE
NOT RECORDED: (316)
1. that the thing disposed of be real
property.
2. That the offender knew that the real
property was encumbered, whether the
encumbrance is recorded or not.
3. That there must be express
representation by the offender that the
real property is free from encumbrance.

Odette E. Paguio 362 of 414

4. That the act of disposing of the real
property be made to the damage of
another.

P. ELEMENTS OF SWINDLING (PAR.3)

BY WRONGFULLY TAKING BY THE
OWNER HIS PERSONAL FROM ITS
LAWFUL POSSESSOR: (316)
That the offender is the owner of personal
property.
That said personal property is in the lawful
possession of another.
That the offender wrongfully takes it from
its lawful possessor.
That prejudice is thereby caused to the
possessor or third person.

Q. ELEMENTS OF SWINDLING (PAR. 6)

BY SELLING, MORTGAGING OR
ENCUMBERING REAL PROPERTY OR
PROPERTIES WITH WHICH THE

Odette E. Paguio 363 of 414

OFFENDER GUARANTEED THE
FULFILLMENT OF HIS OBLIGATION AS
SURETY: (316)
That the offender is a surety in a bond
given in a criminal or civil action.
That he guaranteed the fulfillment of such
obligation with his real property or
properties.
That he sells, mortgages, or, in any other
manner encumbers said real property.
That such sale, mortage or encumbrance
is (a) without express authority from the
court, or (b) made before the cancellation
of his bond, or (c) before being relieved
from the obligation contracted by him.

R. ELEMENTS OF SWINDLING A MINOR:

(317)

Odette E. Paguio 364 of 414

That the offender takes advantage of the
inexperience or emotions or feelings of a
minor.
That he induces such minor (a) ro assume
an obligation, or (b) to give release, or (c)
to execute a transfer of any property right.
That the consideration is (a) some loan of
money (b) credit or (c) other personal
property.
That the transaction is to the detriment of
such minor.

S. ELEMENTS OF OTHER DECEITS:

(318)
1. not mentioned above;
2. interpretation of dreams, forecast,
future-telling for profit or gain.

VII. CHATTEL MORTGAGE

Odette E. Paguio 365 of 414

A. ELEMENTS OF SELLING OR
PLEDGING PERSONAL PROPERTY
ALREADY PLEDGED: (319)
1. That personal property is already
pledged under the terms of the chattel
mortgage law.
2. That the offender, who is the mortgagee
of such property, sells or pledges the
same or any part thereof.
3. That there is no consent of the
mortgagee written on the back of the
mortgage and noted on the record thereof
in the office of the register of deeds.

B. ELEMENTS OF KNOWINGLY
REMOVING MORTGAGED PERSONAL
PROPERTY: (319)
that personal property is mortgaged under
the chattel mortage law.
That the offender knows that such
property is so mortaged.

Odette E. Paguio 366 of 414

That he removes such mortgaged
personal to any province or city other than
the one in which it was located at the time
of the execution of the mortgage.
that the removal is permanent.
That there is no written consent of the
mortgagee or his executors,
administration or assigns to such removal.

VIII. ARSON AND OTHER CRIMES

INVOLVING DESTRUCTIONS
(Note: PD 1613 expressly repealed or
amended Arts 320-326, but PD 1744
revived Art 320)

A. ELEMENTS OF ARSONS OF
PROPERTY OF SMALL VALUES
1. That an uninhabited hut, storehouse,
barn, shed or any other property is burned
2. That the value of the property burned
does not exceed 25 pesos

Odette E. Paguio 367 of 414

3. That the burning was done at a time or
under circumstances which clearly
exclude all danger of the fire spreading

B. ELEMENTS OF CRIME INVOLVING

DESTRUCTION
That the offender causes destruction of
the property
That the destruction was done by means
of:
a. explosion
b.discharge of electric current
c. inundation
d.sinking or stranding of a vessel
e. damaging the engine of the vessel
f. taking up rails from the railway track
g.destroying telegraph wires and posts or
those of any other system
h.other similar effective means of
destruction

Odette E. Paguio 368 of 414

C. ELEMENTS OF BURNING ONES
PROPERTY AS A MEANS TO COMMIT
ARSON
That the offender set fire to or destroyed
his own property
That the purpose of the offender in doing
so was to commit arson or to cause a
great destruction
That the property belonging to another
was burned or destroyed

D. ELEMENTS OF ARSON
1. That the property burned is the
exclusive property of the offender
2. That (a) the purpose of the offender is
burning it is to defraud or cause damage
to another or (b) prejudice is actually
caused, or (c) the thing burned is a
building in an inhabited place

Odette E. Paguio 369 of 414

 IX. MALICIOUS MISCHIEF

A. ELEMENTS OF MALICIOUS
MISCHIEF: (326)
That the offender deliberately caused
damage to the property of another.
That such act does not constitute arson or
other crimes involving destruction.
That the act damaging anothers property
be committed merely for the sake of
damaging it.
Notes:
1. Malicious mischief willful damaging
of anothers property for the sake of
causing damage due to hate, revenge or
other evil motive
2. No negligence
3. Example. Killing the cow as revenge
4. If no malice only civil liability
5. Damage is also diminution in value

Odette E. Paguio 370 of 414

 6. But after damaging the thing, he
used it = theft
7. Damage is not incident of a crime
(breaking windows in robbery)

B. SPECIAL CASES OF MALICIOUS

MISCHIEF: (328)
1. Obstruct performance of public
functions.
2. Using poisonous or corrosive
substances.
3. Spreading infection or contagious
among cattle.
4. Damage to property of national museum
or library, archive, registry, waterworks,
road, promenade, or any other thing ised
in common by the public.

Note: Qualified malicious mischief no

uprising or sedition (#1)

Odette E. Paguio 371 of 414

C. ELEMENTS OF OTHER MISCHIEF:
(329)
Not included in 328
scattering human excrement
killing of cow as an act of revenge

D. ELEMENTS OF DAMAGE AND

OBSTIVATION TO MEANS OF
COMMUNICATION: (330)
Notes:
done by damaging railways, telegraph,
telephone lines, electric wires, traction
cables, signal system of railways
removing rails from tracks is destruction
(art 324)
not applicable when telegraph/phone lines
dont pertain to railways (example: for
transmission of electric power/light)
people killed as a result:
a. murder if derailment is means of
intent to kill

Odette E. Paguio 372 of 414

 b. none art 48
circumstance qualifying the offense if the
damage shall result in any derailment of
cars, collision or other accident a higher
penalty shall be imposed

E. ELEMENTS OF DESTROYING OR
DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS: (331)

F. ELEMENTS OF EXEMPTION FROM

CRIMINAL LIABILITY IN CRIMES
AGAINST PROPERTY: (332)
Persons exempt from criminal liability
1. Spouse, ascendants and
descendants or relatives by affinity in
the same line
2. The widowed spouse with respect to
the property w/c belonged to the
deceased spouse before the same
passed into the possession of another

Odette E. Paguio 373 of 414

 3. Brothers and sisters and brothers-in-
law and sisters-in-law, if living together
Offenses involved in the exemption
1. Theft
2. Swindling
3. Malicious mischief
Notes:
1. Exemption is based on family
relations
2. Parties to the crime not related to the
offended party still remains criminally
liable
3. Persons exempt include:
a. stepfather/mother (ascendants by
affinity)
b. adopted children (descendants)
c. concubine/paramour (spouse)
d. common law spouse (propert is part
of their earnings)

Odette E. Paguio 374 of 414

 TITLE ELEVEN
CRIMES AGAINST CHASTITY

A. ELEMENTS OF ADULTERY: (333)

1. That the woman is married (even if
marriage subsequently declared void)
2. That she has sexual intercourse with a
man not her husband.
3. That as regards the man with whom she
has sexual intercourses, he must know
her to be married.
Notes:
mitigated if wife was abandoned without
justification by the offended spouse (man
is not entitled to this mitigating
circumstance)
attempted: caught disrobing a lover

B. ELEMENTS OF CONCUBINAGE: (334)

1. That the man must be married.

Odette E. Paguio 375 of 414

2. That he committed any of the following
acts:
a. Keeping a mistress in the conjugal
dwelling.
b. Having sexual intercourse under
scandalous circumstances with a
woman who is not his wife.
c. Cohabiting with her in any other
place.
3. That as regards the woman she must
know him to be married.
Note: Scandal consists in any
reprehensible word/deed that offends public
conscience, redounds to the detriment of
the feelings of honest persons and gives
occasions to the neighbors spiritual
damage and ruin

C. ELEMENTS OF ACTS OF
LASCIVIOUSNESS: (336)

Odette E. Paguio 376 of 414

1. That the offender commits any act of
lasciviousness or lewdness.
2. That it is done under any of the following
circumstances:
by using force or intimidation, or
when the offended party is deprived
of reason or otherwise unconscious, or
when the offended party is under 12
years of age.
3. That the offended party is another
person of either sex.

D. ELEMENTS OF QUALIFIED
SEDUCTION OF A VIRGIN: (337)
Two classes of qualified seduction:
Seduction of a virgin over 12 and under
18 years of age by certain persons, such
as a person in authority, priest, teachers
etc and
Seduction of a sister by her brother or
descendant by her ascendant, regardless

Odette E. Paguio 377 of 414

 of her age or reputation (incestuous
seduction)
Elements:
1. That the offended party is a virgin, which
is (presumed if she unmarried and of
good reputation.)
2. That she must be over 12 and under 18
years of age.
3. That the offender has sexual intercourse
with her.
4. That there is abuse of authority,
confidence or relationship on the part of
the offender ( person entrusted with
education or custody of victim; person in
public authority, priest; servant)
Persons liable:
1. Those who abuse their authority:
persons in public authority
guardian
teacher

Odette E. Paguio 378 of 414

 person who, in any capacity, is
entrusted with the education or
custody of the woman seduced
2. Those who abused the confidence
reposed in them:
priest
house servant
domestic
3. Those who abused their relationship:
a. brother who seduced his sister
b. ascendant who seduced his
descendant

E. ELEMENTS OF SIMPLE SEDUCTION:

(338)
1. That the offended party is over 12 and
under 18 years of age.
2. That she must be of good reputation,
single or widow.
3. That the offender has sexual intercourse
with her.

Odette E. Paguio 379 of 414

4. That it is committed by means of deceit.
Note: common form is unconditional
promise to marry

F. ELEMENTS OF ACTS OF
LASCIVIOUSNESS WITH THE CONSENT
OF THE OFFENDED PARTY: (339)
that the offender commits acts of
lasciviousness or lewdness.
That the acts are committed upon a
woman who is virgin or single or widow of
good reputation, under 18 years of age
but over 12 years, or a sister or
descendant regardless of her reputation
or age.
that the offender accomplishes the acts by
abuse of authority, confidence,
relationship, or deceit.

G. ELEMENTS OF CORRUPTION OF
MINORS: (340)

Odette E. Paguio 380 of 414

Act punishable: By promoting or facilitating
the prostitution or corruption of persons
underage to satisfy the lust of another

H. ELEMENTS OF WHITE SLAVE

TRADE: (341)
Acts penalized
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the servicxe of women for the
purpose of prostitution

I. ELEMENTS OF FORCIBLE
ABDUCTION: (342)
1. That the person abducted is any
woman, regardless of her age, civil status,
or reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.
Note: Sexual intercourse is NOT necessary

Odette E. Paguio 381 of 414

Crimes against chastity where age and
reputation of victim are immaterial: rape,
acts of lasciviousness, qualified seduction
of sister/descendant, forcible abduction

J. ELEMENTS OF CONSENTED
ABDUCTION: (343)
That the offended party must be a virgin.
That she must be over 12 and under 18
years of age.
That the taking away of the offended
party must be with her consent, after
solicitation or cajolery from the offender.
That the taking away of the offended party
must be with lewd designs.

K. PROSECUTION OF ADULTERY,
CONCUBINAGE, SEDUCTION,
ABDUCTION RAPE AND ACTS OF
LASCIVIOUSNESS (344)

Odette E. Paguio 382 of 414

Adultery and concubinage must be
prosecuted upon complaint signed by the
offended spouse
Seduction, abduction, rape or acts of
lasciviousness must be prosecuted upon
complaint signed by:
offended party
by her parents
grandparents
guardians in the order in which they are
named above
Note: Marriage of the offender with the
offended party extinguishes the criminal
action or remit the penalty already imposed
upon him. This applies as well to the
accomplices, accessories-after-the-fact. But
marriages must be in good faith. This rule
does not apply in case of multiple rape

Odette E. Paguio 383 of 414

L. CIVIL LIABILITY OF PERSONS
GUILTY OF RAPE, SEDUCTION OR
ABDUCTION (345)
1. To idemnify the offended women
2. To acknowledge the offspring, unless
the law should prevent him from doing so
3. In every case to support the offspring

M. LIABILITY OF ASCENDANTS, OTHER

PERSONS ENTRUSTED WITH CUSTODY
OF OFFENDED PARTY WHO BY ABUSE
OF AUTHORITY OR CONFIDENCE
SHALL COOPERATE AS ACCOMPLIES:
(346)

TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS
OF PERSONS

A. SIMULATION OF BIRTHS,
SUBSTITUTION OF ONE CHILD FOR

Odette E. Paguio 384 of 414

 ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE
CHILD: (347)

Acts Punished:
1. Simulation of births
2. Substitution of one child for another
3. Concealing or abandoning any
legitimate child with the intent to cause
such child to lose its civil status
Requisites:
The child must be legitimate
The offender conceals or abandons
such child
The offender has the intent to cause the
child to lose its civil status
Elements of Simulation of Birth
1. Child is baptized or registered in the
Registry of birth as hers
2. Child loses its real status and acquiires
a new one

Odette E. Paguio 385 of 414

3. Actors purpose was to cause the loss of
any trace as to the childs true filiation

B. USURPATION OF CIVIL STATUS:

(348)
Notes:
Committed by a person who represents
himself as another and assumes the
filiation or rights pertaining to such person
There must be criminal intent to enjoy
the civil rights of another by the offender
knowing he is not entitled thereto
Committed by asuming the filiation, or
the parental or conjugal rights of another
Circumstances qualifying the offense:
penalty is heavier when the purpose of
the impersonation is to defraud the
offended party or hios heirs

C. ELEMENTS OF BIGAMY: (349)

Odette E. Paguio 386 of 414

 1. That the offender has been legally
married.
2. That the marriage has not been legally
dissolved or, in case his or her spouse is
absent, the absent spouse could not yet
be presumed dead according to the civil
code.
3. That he contracts a second or
subsequent marriage.
4. That the second or subsequent marriage
has all the essential requisites for
validity.
Notes:
1. The crime does not fall within the
category of private crimes that can be
prosecuted only at the instance of the
offended party
2. A simulated marriage is not marriage at
all and can be used as a defense for
bigamy

Odette E. Paguio 387 of 414

3. There must be a summary proceeding
to declare the absent spouse
presumptively dead for purposes of
remarriage
4. Failure to exercise due diligence to
ascertain the whereabouts of the 1st wife
is bigamy through reckless imprudence
5. A judicial declaration of the nullity of a
marriage void ab initio is now required
6. One convicted for bigamy may be
prosecuted for concubinage as both are
distinct offenses
7. One who vouches that there is no legal
impediment knowing that one of the
parties is already married is an
accomplice

D. ELEMENTS OF MARRIAGE
CONTRACTED AGAINST PROVISIONS
OF LAWS: (350)
That the offender contracted marriage.

Odette E. Paguio 388 of 414

That he knew at the time that
a. the requirement of the law were not
complied with, or
b. The marriage was in disregard of a
legal impediment.
Note: Circumstance qualifying the offense:
if either of the contracting parties obtains
the consent of the other by means of
violence, intimidation or fraud

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

Odette E. Paguio 389 of 414

F. ELEMENTS OF PERFORMANCE OF
ILLEGAL MARRIAGE CEREMONY: (352)
Act punished: performance of any illegal
marriage ceremony by a priest or minister
of any religious denomination or sect or by
civil authorities

TITLE THIRTEEN
CRIMES AGAINST HONOR

A. ELEMENTS OF LIBEL DEFAMATION:

(353)
1. That there must be an imputation of a
crime, or of a vice or defect, real or
imaginary, or any act, omission, condition,
status, or circumstances.
2. That the imputation must be made
publicly.
3. That it must be malicious.

Odette E. Paguio 390 of 414

4. That the imputation must be directed at
a natural or juridical person, or one who is
dead.
5. That the imputation must tend to cause
the dishonor, discredit or contempt of the
person defamed.
Notes:
1. Libel is a public and malicious
imputation of a crime, or a vice or
defect, real or imaginary or any act,
commission, condition, status or
circumstances tending to cause the
dishonor, discredit or contempt of a
natural or juridical person, or to blacken
the memory of one who is dead
2. Kinds of malice: (a) malice in law; (b)

malice in fact
3. Malice is presumed to exist in injurious

publications

Odette E. Paguio 391 of 414

 4. Publication is the communication of the
defamatory matter to some third
person/s
5. Person libeled must be identified. But

the publication need not refer by name

to the libeled party. If not named it must
be shown that the description of the
person referred to in the defamatory
publication was sufficiently clear so that
at least a 3rd person would have
identified the plaintiff.
6. There are as many crimes as there are

persons defamed.
7. To presume publication there must be a

reasonable probability that the alleged a

libelous matter was thereby exposed to
be read or seen by 3rd persons.
Criterion to determine whether statements
are defamatory
1) words are calculated to induce the
hearers to suppose and understand that

Odette E. Paguio 392 of 414

 the person against who they are uttered
were guilty of certain offenses, or are
sufficient to impeach their honesty, virtue
or reputation, or to hole the person up to
public ridicule(US v OConnel)
2 )construed not only as to the expression
used but also with respect to the whole
scope and apparent object of the
writer.(P v Encarnacion)

Libel Perjury
-false accusation -false accusation
need not be made is made under
under oath oath

Newsweek v IAC
Newsweek portrayed the island province of
Negros Occidental as a place dominated by
big landowners. Plaintiffs are associations
of sugarcane planters. HELD: Dismissed.

Odette E. Paguio 393 of 414

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

REQUIREMENT OF PUBLICITY: (354)

Kinds of privileged communication
Absolutely privileged not
actionable even if the actor has acted
in bad faith
Qualifiedly privileged those which
although containing defamatory

Odette E. Paguio 394 of 414

 imputations could not be actionable
unless made with malice or bad faith

General Rule: Every defamatory imputation

is presumed malicious even if it be true, if
no good intention and justifiable motive for
making it is shown
Exception:
a. private communication in performance
of legal, moral or social duty
Requisites
1. that the person who made the
communication had a legal, moral or
social duty to make the communication
or at least he had an interest to be
upheld
2. that the communication is
addressed to an officer or a board, or
superior, having some interest or duty
on the matter

Odette E. Paguio 395 of 414

 3. that the statements in the
communication are made in good faith
without malice in fact
b. fair and true report, made in good
faith, without any comments and
remarks
Requisites
1. that the publication of a report of
an official proceeding is a fair and true
report of a judicial, legislative, or other
official proceedings which are not of
confidential nature, or of a statement,
report, or speech delivered in said
proceedings, or of any other act
performed by a public officer
2. that it is made in good faith
3. that it is made without any
comments or remarks
Santos v CA
HELD: No malice, he simply furnished the
readers with the info that a complaint has

Odette E. Paguio 396 of 414

been filed against the brokerage firm and
reproduced the pleading verbatim with no
embellishments.
LIBEL BY MEANS OF WRITING OR
SIMILAR MEANS: (355)
Note: Enumerates the means by which libel
may be committed: writing, printing,
lithography, engraving, radio phonograph,
painting, theatrical or cinematographic
exhibitions or any similar means

THREATENING TO PUBLISH LIBEL

AND OFFER TO PREVENT SUCH
PUBLICATION FOR A
COMPENSATION: (356)
Note: Clearly, just a case of blackmail-any
unlawful extortion of money by threats of
accusation and exposure
-possible in light threats Art 283 and in
threat to publish Art 356.

Odette E. Paguio 397 of 414

E. ELEMENTS OF PROHIBITED
PUBLICATION OF ACTS REFERRED TO
IN THE COURSE OF OFFICIAL
PROCEEDINGS: (357)
1. That the offender is a reporter, editor or
manager of a newspaper, daily or
magazine.
2. That he publishes facts connected with
the private life of another.
3. That such facts are offensive to the
honor, virtue and reputation of said
person.
Note:
Even though made in connection with or
under the pretext that it is necessary in the
narration of any judicial or administrative
proceedings wherein such facts have been
mentioned.
Lacsa v IAC
Lacsa found that Marquez was not a
proprietary member of PCA thus not

Odette E. Paguio 398 of 414

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

F. ELEMENTS OF ORAL
DEFAMATION/SLANDER: (358)
action of a serious and insulting nature
(Grave slander)
light insult or defamation not serious in
nature (simple slander)
Factors that determine gravity of the
offense:
a) expressions used
b) personal relations of the accused and
the offended party

Odette E. Paguio 399 of 414

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

ELEMENTS OF SLANDER BY DEED:

(359)
1. That the offender performs any act not
included in any other crime against honor.
2. That such act is performed in the
presence of other person or persons.
3. That such act casts dishonor, discredit
or contempt upon the offended party.
Notes:

Odette E. Paguio 400 of 414

 a. Seriousness depends on the social
standing of offended party, the
circumstances surrounding the act, the
occasion, etc.
b. The acts of slapping and boxing the
woman, a teacher, in the presence of
many people has put her to dishonor,
contempt and ridicule. (P v Costa)
c. P v Motita
Accused held a mirror between the legs
of complainant to reflect her private parts.
The crowd laughed. Guilty of slander by
deed.
Distinctions:
a. Unjust Vexation-irritation or
annoyance/anything that annoys or
irritates without justification.
b. Slander by Deed-irritation or annoyance
+ attendant publicity and dishonor or
contempt.

Odette E. Paguio 401 of 414

 c. Acts of lasciviousness-irritation or
annoyance + any of 3 circumstance
provided in Art335 of RPC on rape
i. use of force or intimidation
ii.deprivation of reason or rendering the
offended unconscious
offended party under 12 yrs of age+lewd
designs

PERSONS RESPONSIBLE FOR LIBEL

(360)
1) Who are liable
a. person who publishes, exhibits or
causes the publication or exhibition of
any defamation in writing or similar
means(par.1)
b. author or editor of a book or pamphlet
c. editor or business manager of a daily
newspaper magazine or serial
publication(par.2)

Odette E. Paguio 402 of 414

 d. owner of the printing plant which
publishes a libelous article with his
consent and all other persons who in any
way participate in or have connection with
its publication (US v Ortiz)
2) Venue of criminal and civil action for
damages in cases of written defamation:
a. where the libelous article is printed and
1st published OR
b. where any of the offended parties
actually resides at the time of the
commission of the offense
3) Where one of the offended parties is a
public officer:
a. if his office is in the City of Manila
- RTC of Manila OR
- city/province where the article is
printed and 1st published
b. Otherwise
- RTC of the city/province where he
held office at the time of offense OR

Odette E. Paguio 403 of 414

 - where the article is 1st published
4) Where one of the offended parties is a
private individual:
- RTC of province/city where he
actually resides at the time of the crime
- where article was printed or 1st
published

Note: Offended party must file complaint for

defamation imputing a crime which cannot
be prosecuted de oficio (e.g. adultery,
concubinage, rape, seduction, abduction,
and acts of lasciviousness)

Soriano v IAC
The Philippines follows the multiple
publication rule which means that every
time the same written matter is
communicated, such communication is
considered a distinct and separate
publication of libel.

Odette E. Paguio 404 of 414

PROOF OF THE TRUTH (361)
Admissible when:
a. the act or omission imputed
constitutes a crime regardless of
whether the offended party is a private
individual or a public officer
b. the offended party is a government
employee, even if the act or omission
imputed does not constitute a crime
provided it is related to the discharge of
his official duties
Requisites for Acquittal:
a. it appears that the matter charged as
libelous is TRUE (for situations 1 and 2
above)
b. it was published with good motives
and for a justifiable end (for situation 1
only)
Notes: The proof of the truth of the
accusation cannot be made to rest upon

Odette E. Paguio 405 of 414

mere hearsay, rumors, or suspicion. It must
rest upon positive direct evidence, upon
which a definite finding may be made by the
court (US v Sotto)

LIBELOUS REMARKS (362)

Libelous remarks or comments on
privileged matters (under Art. 354) if made
with malice in fact will not exempt the
author and editor.
*This article is a limitation to the defense of
privileged communication.

ELEMENTS OF INCRIMINATING
INNOCENT PERSON: (363)
1. That the offender performs an act.
2. That by such act he directly incriminates
or imputes to an innocent person the
commission of a crime.

Odette E. Paguio 406 of 414

 3. That such act does not constitute
perjury.
Two Kinds:
a. making a statement which is
i. defamatory or
ii. perjurious (if made under oath and
is false)
b. planting evidence
Note: article is limited to planting evidence
and the like

INTRIGUING AGAINST HONOR (364)

How committed:
-by any person who shall make any
intrigue which has for its principal purpose
to blemish the honor or reputation of
another person
Notes:
a. Intriguing against honor refers to any
scheme or plot designed to blemish the

Odette E. Paguio 407 of 414

 reputation of another or of such trickery or
secret plot.
b. Committed by saying to others an
unattributable thing, if said to the person
himself it is slander.

RA4200 The Anti-WireTapping Act

Acts punished:
1) any person, not authorized by all the
parties to any private communication or
spoken word
a) taps any wire of cable OR
b) uses any other device or
arrangement, to secretly overhear,
intercept, or record such communication
or spoken word by using a device
commonly known as a dictaphone or
dictagraph or walkie talkie or tape
recorder

Odette E. Paguio 408 of 414

2) any person, whether or not a participant
in the above-mentioned acts:
a) knowingly possesses any tape
record, wire record, disc record, or any
other such record or copies thereof of
any communication or spoken word
b) replays the same for any other
person
c)communicates the contents thereof,
whether complete or partial, to any other
person
Notes:
a. Peace officer is exempt if acts done
under lawful order of the court. You can
only use the recording for the case for
which it was validly requested.
b. Information obtained in violation of the
Act is inadmissible in evidence in any
hearing or investigation.
c. Gaanan v IAC

Odette E. Paguio 409 of 414

An extension phone is not one of those
prohibited under RA 4200. There must be
either a physical interruption through the
wiretap or the deliberate installation of a
device or arrangement in order to overhear,
intercept or record the spoken words. The
extension phone was not installed for such
purpose.

ELEMENTS OF RECKLESS
IMPRUDENCE: (365)
1. That the offender does or fails to do an
act.
2. That the doing of or the failure to do that
act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of
precaution on the part of the offender,
taking into consideration
a. his employment or occupation

Odette E. Paguio 410 of 414

 b. degree of intelligence, physical
condition, and
c. other circumstances regarding
persons, time and place.

ELEMENTS OF SIMPLE IMPRUDENCE:

(365)
1. That there is lack of precaution on the
part of the offender.
2. That the damage impending to be
caused in not immediate or the danger is
not clearly manifest.
Notes:
1) Art.64 on mitigating and aggravating
circumstances not applicable.
2) Failure to lend on the spot assistance
to victim of his negligence:penalty next
higher in degree.
3) Abandoning usually punishable under
Art 275, if charged under Art365 is only

Odette E. Paguio 411 of 414

 qualifying and if not alleged cannot even
be an aggravating circumstance.
4) Contributory negligencenot a
defense, only mitigating

Last clear chance doctrine-

The contributory negligence of the injured
party will no t defeat the action if it be
shown that the accused might, by the
exercise of reasonable care and prudence,
have avoided the consequences of the
negligence of the injured party

Emergency rule-
An automobile driver, who, by the
negligence of another, is suddenly placed in
an emergency and compelled to act
instantly to avoid a collision or injury is not
guilty of negligence if he makes a choice
which a person of ordinary prudence placed

Odette E. Paguio 412 of 414

in such a position might make even though
he did not make the wisest choice.

P v Cano
Negligence is a quasi-offense. What is
punished is not the effect of the negligence
but the recklessness of the accused.

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

Odette E. Paguio 413 of 414

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

Odette E. Paguio 414 of 414