FEU - Criminal Law Memory Aid

M
M
E
E
M
M
O
O
R
R
Y
Y
A
A
I
I
D
D

CBO OVER-ALL CHAIRPERSON: Evangeline Co
ASSISTANT CHAIRPERSON: Rose Lyn Rabanera
ACADEMICS COMMITTEE - HEADS:
Reigel Prado, Omar Gabrieles
SECRETARIAT HEAD: Romino Arzadon
FINANCE COMMITTEE HEAD: Kyan Sioco
LOGISTICS COMMITTEE - HEAD: Janis Ruckenbrod

CRIMINAL LAW COMMITTEE

HEAD: Dianne Elizabeth Feeney

CO-HEAD: Ma. Ana Karina Medina

CRIMINAL LAW 1: Marissa Corazon Nefalar

CRIMINAL LAW 2: Mark Callejo

MEMBERS: Nathaniel Barrairo, Justice Anthony Foz,
Z-19 Javier, Angelica Diane Monteza

SUBJECT ADVISER:

Atty. Modesto Ticman Jr.

I n s t i t u t e o f L a w
C E N T R A L B A R O P E R A T I O N S 2 0 0 6
U n i t e d P u r s u i t o f E x c e l l e n c e

CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS:
Reigel Prado, Omar Gabrieles; FINANCE HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
M E M O R Y A I D I N C R I M I N A L L A W

C R I M I N A L L A W
ADVISER: Atty. Modesto Ticman Jr.
CRIMINAL LAW HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina;
MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar
Page 4 of 97

that branch of substantive municipal law
which defines crimes, treats of their
nature and provides for their
punishment.

Limitations on the power of the
Congress to enact penal laws:

1. Penal laws must be general in
application otherwise it would
violate the equal protection clause
of the constitution (Section 1, Art
III 1987Constitution).
2. Penal laws must not partake of the
nature of an ex post facto law
(Section 22, Art III 1987
Constitution).
3. Penal laws must not partake of the
nature of a bill of attainder
(Section 22, Art III 1987
Constitution).
4. Penal laws must no impose cruel
and unusual punishment nor
excessive fines (Section 19, Art III
Constitution).

Background of the development of
Philippine criminal law.

The original penal code was the Spanish
Codigo Penal which was effective from July
14, 1887 to December 31, 1931.

Through DOJ Admin Order No. 94, a
committee was organized to revise the
Spanish Codigo Penal, taking into
consideration existing conditions, special
penal laws and the rulings of the Supreme
Court. The committee was chaired by
Anacleto Diaz.

The Revised Penal Code (Act 3815) was
passed into law in December 8, 1930 and
became effective on January 1, 1932.

The present penal code is divided into 2
books. Book 1 consists of the basic principles
of criminal liability and the provisions on
penalties, including criminal and civil
liability. Book 2 defines felonies with their
corresponding penalties, which are grouped
under 14 different titles:

TITLE
1 Crimes against national security
and the law of nations
2 Crimes against the fundamental
law of the state
3 Crimes against public order
4 Crimes against public interest
5 Crimes relative to Opium and
other prohibited drugs (amended
by RA 9165 of DDA of 2002)
6 Crimes against public morals
7 Crimes committed by public
officers
8 Crimes against persons
9 Crimes against personal liberty
and security
10 Crimes against property
11 Crimes against chastity
12 Crimes against the civil status of
persons
13 Crimes against honor
14 Quasi-offenses

Characteristics of criminal law.

1. GENERAL. Criminal law is binding on all
persons who live or sojourn in Philippine
territory (Art. 14, New Civil Code.)
2. TERRITORIAL. Criminal laws undertake
to punish crimes committed within the
Philippine territory.
3. PROSPECTIVE. A penal law cannot make
an act punishable in a manner on which it
was not punishable when committed.

Who are exempted from the general
application of criminal law?

1. Those who are exempted by treaties or
treaty stipulations.
2. Those who are exempted by laws of
preferential application.
3. Those who are exempted by virtue of the
principles of public internal law:
a. Sovereigns and other chiefs of state.
b. Ambassadors, ministers
plenipotentiary, ministers resident,
and their charges daffaires.

If a consul of Country X commits a crime in
the Philippines, will he be exempt from



Page 5 of 97
criminal liability according to the
principles of public international law?

No, he is not exempted from criminal
liability.

Consuls, vice-consuls and other commercial
representatives of foreign nations do NOT
possess the status of, and cannot claim the
privileges and immunities accorded to
ambassadors and ministers (Wheaton,
International Law).

Can civil courts exercise jurisdiction
over members of the Philippine Army
in times of war?

Yes. The civil courts have concurrent
jurisdiction with military courts of general
courts-martial over soldiers of the Philippine
Army, even in times of way, provided that, in
the place of the commission of the crime no
hostilities are in progress and civil courts are
functioning (Valdez v. Lucero, 76 Phil 356).

Do Philippine penal laws apply only
within the territory of the country?

NO, Art 2 of the RPC states that its
provisions may be enforced outside the
jurisdiction of the country against those who:
(Code: PFINE)

1. Should commit an offense while in a
Philippine ship or airship;
2. Should forge or counterfeit any coin
or currency note of the Philippines or
obligations and securities issue by the
Government of the Philippines;
3. Should be liable for acts connected
with the introduction into the
Philippines of obligations and
securities mentioned in the preceding
number;
4. While being public officers or
employees, should commit and
offense in the exercise of their
function;
5. Should commit any of the crimes
against national security and the law
of nations, defined in Title 1 of Book 2
of the RPC*.
* Title 1, Book 2 refers to Crimes against national
security and the law of nations.

Note: The foregoing extra-territorial
application of Philippine penal laws shall however
vow to treaties and laws of preferential application
which provide the contrary.

Rules on jurisdiction over crime committed
on board a foreign vessel.

A foreign merchant ship is considered an
extension of the territory of the country to which it
belongs. Thus, an offense committed on the high
seas on board a foreign merchant vessel is NOT
triable by our courts (US v. Fowler, 1 Phil 614).

If the offense is committed within Philippine
waters on board a foreign merchant vessel,
Philippine courts acquire jurisdiction over it (US v.
Bull, 15 Phil 7).

There are, however, 2 rules as to jurisdiction over
crimes committed aboard merchant vessels while
in the territorial waters of a foreign country:

a. French Rule such crimes are NOT
TRIABLE in the courts of that country
(where vessel is docked), unless their
commission affects the peace and security
of the territory or the safety of the state is
endangered.

b. English Rule such crimes are TRIABLE
in that country, unless they merely affect
things within the vessel or they refer to the
internal management thereof.

The Philippines observes the English rule.

Warships, however, are reputed to be an extension
of the territory of the country to which they belong
and CANNOT be subjected to the laws of another
state (US v. Fowler, 1 Phil 614).

A Philippine vessel or aircraft must be
understood as that which is registered in the
Philippine Bureau of Customs.

It is the registration of the vessel in accordance
with the laws of the Philippines, not the
citizenship of her owner, which makes it a
Philippine ship.



Page 6 of 97
When are penal laws given retroactive
effect?

Generally, penal laws are applied
prospectively. The rule, however, admits of
an exception whenever the new statute
dealing with the crime establishes conditions
more lenient or favorable to the accused, it
can be given retroactive effect.

But this exception has NO APPLICATION
where:
1. the new law is expressly made
inapplicable to pending actions or
existing causes of actions
2. the offender is a habitual criminal
under Rule 5, Art 62 RPC

Effects of repeal of penal law:

1. If the repeal makes the penalty lighter in
the new law, the new law shall be applied

EXCEPT: When the offender is a
habitual delinquent or when the new law
is made not applicable to pending actions
or existing causes of action.

2. If the new law imposes a heavier
penalty, the law in force at the time of
the commission of the offense shall be
applied.

3. If the new law totally repeals the
existing law so that the act which was
penalized under the old law is no longer
punishable, the crime is obliterated.
(People v. Tamayo, 61 Phil 225).

ART. 3 - FELONIES

Distinguish Crimes from Felonies,
Offense and Infractions

Crime An act committed
or omitted in
violation of a law
forbidding or
commanding it.
A generic word
for a violation of
a law.
Felonies Acts or omissions
punished under
the RPC.
Statutory offenses Acts punished
under special
laws.

Elements of felonies (APP)

1. That there must be an act or omission;
2. That the act or omission must be
punishable by the RPC; and
3. That the act is performed or the omission
incurred by means of dolo or culpa.

Distinguish crimes committed by dolo from
those committed by culpa.

In intentional felonies (dolo), the act or
omission of the offender is malicious or is
performed with deliberate intent. The offender
has the intention to cause injury to another.

In culpable felonies (culpa), the act or
omission of the offender is not malicious. The
injury caused by the offender to another person is
unintentional, it being simply the incident of
another act performed without malice (Ppl v Sara,
55 Phil 939).

Requisites of dolo or malice (Code: FII)

1. Freedom
2. Intelligence
3. Intent while doing the act or omitting to do
the act.

Requisites of culpa (Code: FIN)

1. Freedom
2. Intelligence
3. The offender must be imprudent, negligent
or lacks foresight or skill while doing or
omitting to do the act

Criminal intent is presumed to exist from the
commission of an unlawful act (Ppl v. Sia Teb
Ban, 54 Phil 52).

To constitute a crime, the act must be, except
in certain crimes made by such statute,
accompanied by criminal intent or by such
negligence or indifference to duty or to
consequences, as in law, is equivalent to
criminal intent. (US v. Catolico, 18 Phil 507)



Page 7 of 97
Mistake of fact

a misapprehension of fact/s on the part
of the person who caused injury to
another. He is not criminally liable
because he did not act with criminal
intent.

Requisites (Code: WIM):

1. the act done would have been lawful
had the facts been as the accused
believed them to be.
2. the intention of the accused in
performing the act must be lawful
3. the mistake must be without fault or
carelessness on the part of the
accused

In mistake of fact, the act done by the
accused would have constituted either:

a. a justifying circumstance under Art 11
b. an absolutory cause (e.g. Art 247 Par
22 Physical injuries inflicted in
exceptional circumstances)
c. an involuntary act

Is intent or malice also required in
crimes punished by special penal
laws?

When the crime is punished by a special law,
as a rule, intent to commit the crime is NOT
necessary. It is sufficient that the offender
has the intent to perpetrate the act
prohibited by the special law, i.e., he did the
prohibited act freely and consciously.

Distinguish Mala in Se from Mala
Prohibita

Mala in Se Mala Prohibita
As to
inherent
nature
of the
offense
The offense
is wrongful
from their
nature.
The offense is
wrong merely
because it is
prohibited by
statute.

Mala in Se Mala Prohibita
As to
require-
ment of
criminal
intent
Criminal
intent is
required
Intent is not
considered. The
only requirement
is that the
prohibited act be
voluntarily done.
As to the
defense
of good
faith
Good faith or
lack of
criminal
intent is a
defense
unless the
crime results
from culpa.
Good faith is not a
defense.
Mitigating
circumstances (or
even aggravating
circumstances)
are not taken into
account.
As to
degree
of
accompl
ishment
The degree
of
accomplishm
ent is
considered.
The crime
may be
consummate
d, frustrated
or
attempted.
The act gives rise
to a crime only
when it is
consummated.

As to
degree
of
partici-
pation
of the
offender
The degree
of
participation
of the
offender is
considered.
The offender
may be
classified as
a principal,
an
accomplice
or an
accessory.
The degree of
participation is
not considered.

The Anti-Plunder Act (R.A. 7080, as
amended) is a malum in se.

Although the crime of plunder is punished by a
special law, it is considered a malum in se.

In Estrada vs. Sandiganbayan, G.R. 148560,
19 November 2001, it was held that the legislative
declaration in R.A. No. 7659 that plunder is a
heinous offense implies that it is a malum in se.
For when the acts punished are inherently
immoral or inherently wrong, they are mala in se
and it does not matter that such acts are punished
in a special law, especially since in the case of
plunder the predicate crimes are mainly mala in
se.



Page 8 of 97
Distinguish intent from motive.

Intent is the purpose to use a particular
means to effect such result.

Motive is the moving power which impels
one to action for a definite result.

When is motive essential? (Code: IDS-
AIDS)

1. when the identity of the assailant is in
question
2. to determine the voluntariness of the
criminal act or the sanity of the
accused
3. to determine from which side the
unlawful aggression commenced, as
when self-defense is invoked;
4. to determine whether a shooting was
intentional or accidental;
5. where the accused contends that he
acted in defense of a stranger;
6. to determine the specific nature of a
crime;
7. when there is doubt as to the identity
of the assailant.

BUT proof of motive alone is not sufficient to
support a conviction if there is no reliable
evidence from which it may be reasonably
deduced that the accused was the malefactor.
(Ppl v. Macatangay, 107 Phil 188).

ART. 4. CRIMINAL LIABILITY

One who commits an intentional felony is
responsible for all the consequences which
may naturally and logically result therefrom,
whether foreseen or intended or not (Art 4).

A planned to kill B, but kills C instead.
A says he has no intention to kill C and
should, therefore, not be held
criminally liable for Cs death. Is he
correct?

NO, A is criminally liable for killing C
despite his lack of intention to do so. The
accepted rule is that an offender is always
liable for the consequences of his criminal
act even though the result is different from
what he intended.

For such liability to exist, two requisites are
necessary, namely:

1. that an intentional felony be committed
2. that the wrong done to the aggrieved party
be the direct, natural and logical
consequence of the felony committed by
the offender (US v. Mallari, 29 Phil 14;
People v. Salinas, CA 62 OG 3186

Proximate cause

that cause, which, in the natural and
continuous sequence, unbroken by any
efficient intervening cause, produces the
injury, and without which the result would not
have occurred. (Bataclan v. Medina, 102 Phil
181)

BUT the felony committed is NOT the proximate
cause of the resulting injury when:

1. there is an active force that intervened
between the felony committed and the
resulting injury, and such is a distinct act
or fact absolutely foreign from the
felonious act of the accused;
2. the resulting injury is due to the
intentional act of the victim.

What are the causes which may produce a
result different from that which he
intended?

1. Error in personae mistake in the identity
of the victim.
2. Aberratio ictus mistake in the blow.
3. Praeter intentionem the injurious result
is different from that intended.

Requisites of an Impossible Crime (PINE)

1. That the act performed would be an
offense against persons or property.(P)
2. That the act was done with evil intent.(E)
3. That its accomplishment is inherently
impossible, or that the means employed is
either inadequate or ineffectual.(I)
4. That the act performed should not
constitute a violation of another provision
of the RPC.(N)

ART. 6 CONSUMMATED, FRUSTRATED
AND ATTEMPTED FELONIES



Page 9 of 97

The 2 stages in the development of a
crime are:
1. Internal Acts are mere ideas in the
mind of the person and are not
punished, even if, had they been
carried out, they would constitute a
crime

2. External Act which covers
a. Preparatory acts are
ordinarily not punishable but
preparatory acts which are
considered in themselves, by
law, as independent crimes
are punishable (Ex: Art 304
Possession of picklocks)

b. Acts of execution

Stages of acts of execution:

1. Attempted There is an attempt
when the offender commences the
commission of a felony directly by
overt acts, and does not perform all
acts of execution which should
produce the felony by reason of some
cause or accident other than his own
spontaneous desistance. (Par 3, Art
6)
2. Frustrated It is frustrated when the
offender performs all the acts of
execution which would produce the
felony as a consequence but which,
nevertheless, do not produce it by
reason of causes independent of the
will of the perpetrator. (Par 2, Art 6)
3. Consummated A felony is
consummated when all the elements
necessary for its execution and
accomplishment are present. (Par 1
Art 6)

Elements of ATTEMPTED FELONY
(Code: CAND)

1. The offender commences the
commission of the felony directly by
overt acts.
2. He does not perform all the acts of
execution which should produce the
felony.
3. The offenders act is not stopped by
his own spontaneous desistance.
4. The non-performance of all acts of
execution was due to cause or accident
other than his spontaneous desistance.

What does the term overt act refer to?

An overt act is some physical activity or deed,
indicating the intention to commit a particular
crime, more than mere planning or preparation,
which if carried to its complete termination,
following its natural course, without being
frustrated neither by external obstacles nor by the
voluntary desistance of the perpetrator, will
logically and necessarily ripen into a concrete
offense.

The overt acts leading to the commission of the
offense are not punishable except when they are
aimed directly at its execution, and therefore, they
must have and immediate and necessary
relation to the offense. (Viada)

If A induced B to kill C but B refused to do
it, will A be held liable for attempted
homicide as principal by inducement?

NO, A cannot be held liable for attempted
homicide because, although there was an attempt
on the part of A, such attempt was not done
directly with physical activity. The inducement
made by A to B is in the nature of a proposal, not
ordinarily punishable by law. (Art. 8 RPC)

Only offenders who personally execute the
commission of a crime can be guilty of attempted
felony. The offender must commence the
commission of the felony by taking a direct part in
the execution of the act.

A planned to kill B. A loaded his gun and
proceeded to Bs house. Once there, he
aimed the gun at B but the latter pleaded
for his life. A took pity and left without
harming B. Will A be liable for attempted
homicide?

NO, A is not liable for any crime. If the actor does
not perform all acts of execution by reason of his
own spontaneous desistance, there is no attempted
felony. The law does NOT PUNISH him.

One who takes part in planning a criminal act but
desists in its actual commencement is exempt
from criminal liability. For after taking part in the



Page 10 of 97
planning, he could have desisted from taking
part in the actual commission of the crime by
listening to the call of his conscience. (Ppl v.
Villacorte, 55 SCRA 640)

BUT the desistance which exempts from
criminal liability had reference to a crime
intended to be committed, and has no
reference to the crime actually committed by
the offender before his desistance.

Thus, although A is not responsible for
attempted homicide, he is liable for grave
threat which was already committed when he
desisted.

Elements of frustrated felony (Code:
OWN-C)

1. The offender performs all the acts of
execution;
2. All the acts performed would produce
the felony as a consequence.
3. But the felony is not produced;
4. By reason of causes independent of
the will of the perpetrator.

In frustrated felony, the offender must
perform all acts of execution. Nothing
more is left to be done by the offender
because he has performed the last act
necessary to produce the crime.

In crimes against persons, as homicide,
which requires the victims death to
consummate the felony, it is necessary
for the frustration of the same that a
mortal wound be inflicted, because then
the wound could produce the felony as a
consequence.

Distinguish Attempted Felony from
Frustrated Felony.

Attempted
Felony
Frustrated
Felony
As to
Accomplish
ment of
criminal
purpose
Offender has
NOT
accomplished
his criminal
purpose
Offender has
NOT
accomplished
his criminal
purpose
As to
performing
acts of
execution
Offender merely
commences the
commission of a
felony directly
Offender has
performed all
the acts of
execution
by overt acts and
does not
perform all acts
of execution.
which would
produce the
felony as a
consequence.
As to the
factor
interfering
or prevent
the
consumma
tion of the
felony
There is an
intervention and
the offender
does not arrive
at the point of
performing all
the acts which
should produce
the crime. He is
stopped short of
that point by
some cause
apart from his
own voluntary
desistance.
There is no
intervention of
a foreign or
extraneous
cause or agency
between the
beginning of
the
consummation
of the crime
and the
moment when
all the acts
have been
performed
which should
result in the
consummated
crime.

What are the factors to consider in
determining whether the felony is
attempted, frustrated or consummated?
(MEN)

1. Nature of the offense;
2. The elements constituting the felony;
3. The manner of committing the same.

Rules on spontaneous desistance as an
absolutory cause.

The desistance must have been made
before the offender has performed all the
acts of execution which should produce the
felony.

The desistance may be through fear or
remorse. It is not necessary that it be
actuated by a good motive. What is only
required is that the discontinuance of the
crime comes from the person who has
begun it, and that he stops of his own free
will.

The desistance which exempts one from
criminal liability has reference to the crime
intended to be committed, and has no
reference to the crime actually committed
by the offender before his desistance.
What are the kinds of desistance
recognized by law under Art.6 of the RPC?



Page 11 of 97
Legal desistance the desistance referred
to in law which would obviate criminal
liability unless the overt or preparatory act
already committed in themselves constitute a
felony other that what the actor intended.

Factual desistance actual desistance of
the actor which is made after the attempted
stage of the crime; the actor is still liable for
the attempt.
What crimes do not admit of
frustrated stage?

They are those which, by the definition of
a frustrated felony, the offender cannot
possibly perform all the acts of execution to
bring the desired result without
consummating the offense.

1. Rape, since the gravamen of the
offense is carnal knowledge, hence,
no matter how slight the penetration,
the felony is consummated. If the
male organ failed to touch the
pudenda, by some causes or accident
other than his spontaneous
desistance, the felony is merely
attempted. If he desisted
spontaneously, he is not liable for
attempted rape, but for some other
crime such as acts of lasciviousness.
2. Arson, because this is punished as to
its result, hence, the moment burning
of the property occurs, even if slight,
the offense is consummated.
3. Corruption of public officers,
because the offense requires the
concurrence of the will of both
parties, such as that when the offer is
accepted, the offense is
consummated. But when the offer is
rejected, the offense is merely
attempted.
4. Adultery because the essence of the
crime is sexual congress.
5. Physical injury since it cannot be
determined whether the injury will be
slight, less serious, or serious unless
and until consummated.

ART. 7 LIGHT FELONIES

Light felonies are those infractions of law for the
commission of which the penalty of arresto menor
or a fine not exceeding 200 pesos, or both, is
provided. (Art 9, par 3)

When are light felonies punishable?

The general rule is that light felonies are
punishable only when they have been
consummated, with the exception of those
committed against persons or property. (Art. 7)

ART. 8 CONSPIRACY AND PROPOSAL TO
COMMIT FELONY

Is conspiracy or proposal to commit a
felony punishable?

The general rule is that conspiracy or proposal to
commit a felony is not a crime except when the law
specifically provides a penalty therefore, as in
treason, rebellion, coup detat and sedition. (Art 8)

The reason for this is that conspiracy and proposal
to commit are only preparatory acts.

An agreement to commit a crime is a reprehensible
act from the viewpoint of morality, but as long as
the conspirators do not perform over acts in
furtherance of their malevolent design, the
sovereignty of the State is not outraged and the
tranquility of the public remains undisturbed.
However, when in resolute execution of a common
scheme, a felony is committed by two or more
malefactors; the existence of a conspiracy assumes
a pivotal importance in the determination of the
liability of the perpetrators. (Ppl v. Peralta, 25
SCRA 759)

Requisites of conspiracy (Code: TAE)

1. That two or more persons came to an
agreement;
2. That the agreement pertains to the
commission of a felony; and
3. That the execution of the felony be decided
upon.
What are the two aspects of conspiracy?

1. a felony itself, that is, a separate punishable
offense (e.g. treason, rebellion, sedition)



Page 12 of 97
When conspiracy is itself a crime, no
overt act is necessary to bring about
the criminal liability.
If the conspiracy relates to any of the
crime of treason, rebellion and
sedition, but any of them is actually
committed, the conspiracy is NOT a
separate offense; it is only a manner
of incurring criminal liability, that is,
all the conspirators who carried out
their plan and personally took part in
its execution are equally liable. The
conspiracy is absorbed in the crime
actually committed.
2. a manner of incurring criminal liability
When conspiracy is only a basis of
incurring criminal liability, there
must be an overt act before the co-
conspirators become criminally
liable.
When the conspiracy relates to a
crime actually committed, it is not a
felony but only a manner of
incurring criminal liability, that is,
when there is conspiracy, the act of
one is the act of all. This principle
applies only to the crime agreed
upon.
EXCEPT in acts constituting a single
indivisible offense, even though the
co-conspirator performed different
acts bringing about the composite
crime, all will be liable for such crime.
They can only evade responsibility for
any other crime outside of that agreed
upon if it is proved that the particular
conspirator had tried to prevent the
commission of such other act.

What must be established in order that
it may be said that conspiracy among
the offenders existed for it to affect
their criminal liability?

It is fundamental for conspiracy to exist that
there must be unity of purpose and unity in
the execution of the unlawful objective.

What is an Implied
Conspiracy/Doctrine of Implied
Conspiracy?

An implied conspiracy is one which is only
inferred or deduced from the manner the
participants in the commission of crime is carried
out its execution. Where the offenders acted in
concert in the commission of the crime, meaning
that their acts are coordinated or synchronized in a
way indicative that they are pursuing a common
criminal objective, they shall be deemed to be
acting in conspiracy and their criminal liability
shall be collective, not individual.

What are its legal effects?

1. Not all those who are present at the scene
of the crime will be considered
conspirators.

2. Only those who participated by criminal
acts in the commission of the crimes,
including those who have provided will be
considered as co-conspirators. This would
include those who cooperated in the
commission of the offense, either morally,
through advice, encouragement or
agreement or materially through external
acts indicating a manifest intent of
supplying aid in the perpetration of the
crime in an efficacious way.

3. Mere acquiescence to or approval of the
commission of the crime, without any act
of criminal participation, shall not render
one criminally liable as co-conspirator.

Requisites of proposal to commit felony

1. That a person has decided to commit a
felony; and
2. That he proposes its execution to some
other person or persons.

There is no criminal proposal when -

a. the person who proposes is not determined
to commit the felony
b. there is no decided, concrete and formal
proposal
c. it is not the execution of the felony that is
proposed.
If A proposes to B that they overthrow the
government and presents his plans to the
latter but B refuses to participate, will A
still be liable for proposal to commit
rebellion?

all of them shall be
deemed PRINCIPAL



Page 13 of 97
What constitutes the felony of proposal to
commit treason or rebellion is the making of
proposal. The law does not require that the
proposal be accepted by the person to whom
it was made. If it is accepted, it may be
conspiracy to commit treason or rebellion,
because there would be an agreement and
decision to commit it.

ART.11. JUSTIFYING
CIRCUMSTANCES

Justifying circumstances are those where the
act of a person is said to be in accordance
with law, so that such person is deemed not
to have transgressed the law and is free
from both from criminal and civil liability,
except in par. 4 of art. 11, where the civil
liability is borne by the persons benefited by
the act.

Who has the burden of proof when Art
11 is invoked?

The circumstances mentioned in Art 11 are
matters of defense and it is incumbent upon
the accused, in order to avoid criminal
liability, to prove the justifying circumstance
claimed by him to the satisfaction of the
court.

PAR. 1 - SELF-DEFENSE

Requisites of self-defense (URL)

1. Unlawful aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. Lack of sufficient provocation on the
part of the person defending himself.

The presence of unlawful aggression is a
condition sine qua non. (Ppl v. Sazon,
189 SCRA 700)

What are the rights included in self-
defense?
Self-defense includes not only the defense of
the person or body of the one assaulted but
also that of his rights, that is, the rights the
enjoyment of which is protected by law. It
also includes the right to honor.

Slap on the face is considered as unlawful
aggression directed against the honor of the
actor.

Defense of property rights can now be
considered as self-defense if there is an attack
upon the property or right thereto even it is not
coupled with an attack upon the person
defending that right. (Ppl v. Narvaez, 121
SCRA 389)

What constitutes unlawful aggression
sufficient to justify as self-defense?

Unlawful aggression is equivalent to assault or at
least threatened assault of an immediate and
imminent kind. (Ppl v. Alconga, 78 Phil 366)
Unlawful aggression presupposes an actual,
sudden and unexpected attack, or imminent
danger thereof, and not merely a threatening or
intimidating attitude. (Ppl v. Pasco, 137 SCRA 137)

The person defending himself must have been
attacked with actual physical force or with actual
use of weapon.

The insulting words addressed to the accused, no
matter how objectionable they may have been,
without physical assault, could not constitute
unlawful aggression. (US v. Carrero, 9 Phil 544)

Is retaliation similar to self-defense?

Retaliation is different from an act of self-defense.
In retaliation, the aggression was begun by the
injured party already ceased to exist when the
accused attacked him. In self-defense, the
aggression was existing when the aggressor was
injured or disabled by the person making a
defense.
In order to justify homicide on the ground of self-
defense, it is essential that the killing of the
deceased by the defendant be simultaneous with
the attack made by the deceased, or at least both
acts succeeded each other without appreciable
interval. (US v. Ferrer)

What does the second requirement of self-
defense mean?

1. there be a necessity of the course of action
taken by the person making the defense,
and
2. there must be a necessity of the means
used.



Page 14 of 97

The reasonableness of either or both such
necessity depends on the existence of
unlawful aggression and upon the nature
and extent of the aggression.
In determining the existence of unlawful
aggression that induced a person to take
a course of action, the place and occasion
of the assault and other circumstances
must be considered.

What is the test of reasonableness of
the means used? (Code: NAPP)

1. nature and quality of the weapon
used by the aggressor;
2. the aggressors physical condition,
character, size and other
circumstances;
3. those of the person defending
himself; and
4. place and occasion of the assault.

The means employed by the person
making a defense must be rationally
necessary to prevent or repel an unlawful
aggression.

When is there sufficient provocation?

The provocation must be sufficient, which
means that it should be proportionate to the
act of aggression and adequate to stir the
aggressor to its commission. (Ppl v. Alconga,
78 Phil 366)

It is not enough that the provocative act be
unreasonable or annoying. A petty question
of pride does not justify the wounding or
killing of an opponent. (Ppl v. Dolfo, CA 46
OG 1621)

PAR. 2 - DEFENSE OF RELATIVES

Relatives that may be defended.

1. spouse
2. ascendants
3. descendants
4. legitimate, natural or adopted
brothers and sisters, or relatives by
affinity in the same degrees
5. relatives by consanguinity within the
fourth civil degree

Requisites of defense of relatives (Code:
URO)

employed to prevent or repel it, and
3. In case the provocation was given by the
person attacked, the one making a defense
had no part therein.

The existence of unlawful aggression can be
made to depend upon the honest belief of one
making a defense. (US v. Esmedia, 17 Phil 260)

PAR. 3 - DEFENSE OF STRANGER

Who are deemed strangers?
Any person no included in the enumeration of
relatives mentioned in par.2 of this article, is
considered stranger for the purpose of par.3.

Requisites of defense of stranger (Code:
URN)

employed to prevent or repel it; and
3. The person defending is not induced by
revenge, resentment, or other evil motive.

PAR. 4 - AVOIDANCE OF GREATER EVIL
OR INJURY

Requisites:

1. The evil sought to be avoided actually
exists
2. The injury feared is greater than that done
to avoid it.

The evil must actually exist. If the evil sought
to be avoided is merely expected or anticipated
or may happen in the future, Art 11 Par 4 does
not apply.

The greater evil should not be brought about
by the negligence or imprudence of or violation
of law by, the actor.
Is the offender civilly liable under Art. 11,
paragraph 4?

Although as a rule, there is no civil liability in
justifying circumstances, it is only in Par 4 of Art



Page 15 of 97
11 where there is civil liability, but the civil
liability is borne by the person benefited.
(Art 101, RPC)

PAR. 5 - FULFILLMENT OF DUTY OR
LAWFUL EXERCISE OF RIGHT OR
CHOICE

Requisites: (Code: PI)

1. That the accused acted in the
performance of a duty or in the lawful
exercise of a right or office;
2. That the injury caused or the offense
committed by the necessary
consequence of the due performance
of duty or the lawful exercise of such
right or office.

PAR. 6 - OBEDIENCE TO AN ORDER
ISSUED FOR SOME LAWFUL
PURPOSE

Requisites: (Code: ILU)

1. That an order has been issued by a
superior.
2. That such order must be for some
lawful purpose.
3. That the means used by the
subordinate to carry out said order is
lawful.

Both the person who gives the order and
the person who executes it must be acting
within the limitations prescribed by law.
(Ppl v. Wilson and Dolores, 52 Phil 919)

ART. 12 EXEMPTING
CIRCUMSTANCES

Exempting circumstances (non-imputability)
are those grounds for exemption from
punishment because there is wanting in the
agent of the crime any of the conditions
which make the act voluntary or negligent.
In exempting circumstances, the crime is
committed but no criminal liability
arises.

Basis: The exemption from punishment is
based on the complete absence of
intelligence, freedom of action, or intent, or
on the absence of negligence on the part of the
accused.

Who has the burden of proof when Art 12 is
invoked?

Any of the circumstances mentioned in Art 12 is a
matter of defense and the same must be proved by
the defendant to the satisfaction of the court.

What is the basis for the exemption from
criminal liability in Art 12?

The exemption from punishment is based on the
complete absence of intelligence, freedom of
action, or intent, or on the absence of negligence
on the part of the accused.

Distinguish Justifying circumstance from
Exempting circumstance

JUSTIFYING
CIRCUMSTANCE
EXEMPTING
CIRCUMSTANCE
It affects the act not
the actor.
It affects the actor not
the act.
The act is considered
to have been done
within the bounds of
law; hence legitimate
and lawful in the eyes
of the law.
The act complained of is
actually wrongful, but
the actor is not liable.
Since the act is
considered lawful,
there is no crime.
Since the act
complained of is
actually wrong, there is
a crime the actor acted
without voluntariness,
there is no dolo or
culpa.
Since there is no crime
or criminal, there is no
criminal liability nor
civil liability.
Since there is a crime
committed though there
is no criminal, there is
civil liability.

PAR. 1 - IMBECILITY OR INSANITY

Is insanity an exempting circumstance in
all cases? What about imbecility?

NO, an insane person is not so exempt if it can be
shown that he acted during a lucid interval. On the
other hand, an imbecile person is exempt in all
cases from criminal liability. (Art 12, Par 1)



Page 16 of 97
When a person becomes insane after
the commission of a crime, is he still
exempt from criminal liability?

NO, when a person was sane at the time of
the commission of the crime but he becomes
insane at the time of the trial, he is liable
criminally. The trial, however, will be
suspended until the mental capacity of the
accused is restored to afford him a fair trial.

Insanity, to be exempting, must exist at the
time of the commission of the felony.

Tests of insanity

a. test of COGNITION complete
deprivation of intelligence in
committing the crime.
b. test of VOLITON total deprivation
of freedom of will

PAR. 2 - PERSON UNDER NINE
YEARS OF AGE

If A is exactly 9 years old at the time he
committed a felony, is he still liable?

NO, he is not liable. A may invoke his
minority as an exempting circumstance. The
phrase under 9 years should be construed
as nine years or less.

Why are children nine and under
exempt from criminal liability?

An infant under the age of nine years is
presumed to be incapable of committing a
crime; this presumption is absolute which
cannot be overcome by any evidence.

Minors under nine years of age and below
are not capable of performing a criminal act.
(Guevarra v. Almodovar, 169 SCRA 476)

PAR. 3 - PERSON OVER NINE YEARS
OF AGE AND UNDER FIFTEEN,
ACTING WITHOUT DISCERNMENT

What is meant by discernment?
Discernment means the mental capacity of a
minor to fully appreciate the consequences of
his unlawful act.

Discernment may be shown by:

1. the manner the crime was committed, or
2. the conduct of the offender after its
commission.

If the child acts with discernment, he is NOT
exempt from criminal liability.

It is presumed that a minor under 15 acts without
discernment. It is incumbent upon the prosecution
to prove that such minor, over 9 and under 15
years of age, acted with discernment.

Four Periods of criminal responsibility:

Absolute
irresponsibility
9 years and
below
Conditional
responsibility (w/n he
acted with discernment)
Between 9 and 15
years
Full responsibility
18 or over to 70
years
Mitigated responsibility
Over 9 and under
15
15 or over or less
than 18
over 70 years

PAR. 4 - A PERSON WHO, WHILE
PERFORMING A LAWFUL ACT WITH DUE
CARE, CAUSES INJURY BY MERE
ACCIDENT WITHOUT FAULT OR
INTENTION OF CAUSING IT.

Elements: (Code: LDIW, or WILD)

1. a person is performing a lawful act;
2. with due care;
3. he causes injury to another by mere
accident; and
4. without fault or intention of causing it.

What is an accident?

An accident is something that happens outside
the sway of our will, and although it comes about
through some act of our will, lies beyond the
bounds of humanly foreseeable consequences.
(Albert)
An accident presupposes lack of intention to
commit the wrong done.



Page 17 of 97
It contemplates a situation where a person is
in the act of doing something legal,
exercising die care, diligence and prudence
but in the process, produces harm or injury
to someone or something not in the least in
the mind of the actor an accidental result
flowing out of a legal act. (Ppl v. Gatela, 17
CAR [2s] 1047)

PAR. 5 - A PERSON WHO ACTS
UNDER THE COMPULSION OF AN
IRRESISTIBLE FORCE

Elements: (Code: PIT)

1. That the compulsion is by means of
physical force.
2. That the physical force must be
irresistible.
3. That the physical force must come
from a third person.

What does the term irresistible force
contemplate?

The irresistible force can never consist in an
impulse or passion or obfuscation. It must
consist of an extraneous force coming from
a third person.

The force must be irresistible to reduce the
actor to a mere instrument who acts not only
without will but against his will. The duress,
force, fear or intimidation must be present,
imminent and impending and of such nature
as to induce a well-grounded apprehension
of death or serious bodily harm if the act is
not done. A threat of future injury is not
enough. The compulsion must be of such a
character as to leave no opportunity to the
accused for escape or self-defense in equal
combat. (Ppl v. Loreno, 130 SCRA 311)

PAR. 6 - A PERSON WHO ACTS
UNDER THE IMPULSE OF
UNCONTROLLABLE FEAR OF AN
EQUAL OR GREATER INJURY

Elements :( Code: GE)

1. That the threat which causes the fear
is of an evil greater than or at least
equal to that which he is required to
commit.
2. That it promises an evil of such gravity and
imminence that the ordinary man would
have succumbed to it.

Requisites:(Code: EIG)

1. existence of an uncontrollable fear;
2. the fear must be real and imminent; and
3. the fear of an injury is greater than or at
least equal to that committed (Ppl v.
Petenia, 143 SCRA 361)

A threat of future injury is not enough. The
compulsion must be of such character as to
leave no opportunity to the accused for escape
or self-defense in equal combat.

Duress as a valid defense should be based on
real, imminent, or reasonable fear for ones
life or limb and should not be speculative,
fanciful or remote fear.

Duress is unavailing where the accused had
every opportunity to run away if he had wanted
to or to resist any possible aggression because
was also armed.

Distinguish irresistible force from
uncontrollable fear.

Irresistible Force
Uncontrollable
Fear
Offender uses violence or
physical force to compel
another person to commit
a crime.
Offender employs
intimidation or
threat in compelling
another to commit a
crime.

PAR. 7 - A PERSON WHO FAILS TO
PERFORM AN ACT REQUIRED BY LAW,
WHEN PREVENTED BY SOME LAWFUL
OR INSUPERABLE CAUSE.

Elements :( Code: AFL)

1. That an act is required by law to be done;
2. That a person fails to perform such act;
3. That his failure to perform such act was
due to some lawful or insuperable cause.

What are absolutory causes?



Page 18 of 97
Absolutory causes are those where the act
committed is a crime but for reasons of
public policy and sentiment there is no
penalty imposed.

Distinguish instigation from
entrapment.

ENTRAPMENT INSTIGATION
The criminal design
originates from and
is already in the
mind of the
lawbreaker even
before the
entrapment
The idea and design
to bring about the
commission of the
crime originated
and developed in
the mind of the law
enforcers
The law enforcers
resort to ways and
means for the
purpose of
capturing the
lawbreaker in
flagrante delicto
The law enforcers
induce, lure or incite
a person who is not
minded to commit a
crime and would not
otherwise commit it,
into committing the
crime
This circumstance
is no bar to
prosecution and
conviction of the
lawbreaker
This circumstance
absolves the accused
from criminal
liability
(People v. Marcos 185 SCRA 154)

ART. 13 MITIGATING
CIRCUMSTANCES

Mitigating circumstances are those
which, if present in the commission of the
crime, do not entirely free the actor from
criminal liability, but serve only to reduce the
penalty.

Mitigating circumstances are based on
the diminution of either freedom of action,
intelligence, or intent, or on the lesser
perversity of the offender.

Classes of mitigating circumstances:

1. Ordinary mitigating

those enumerated in subsections 1 to
10 of Article 13, RPC, except that of
minority. Those mentioned in
subsection 1 of Art. 13 are ordinary
mitigating circumstances, if Art. 69, for
instance, is not applicable.

2. Privileged mitigating
see Arts. 68, 69 and 64 of the RPC.

Distinguish between ordinary mitigating
and privileged mitigating circumstance.

Ordinary
Mitigating
Circumstance
Privileged
Mitigating
Circumstance
As to the
nature of the
consequence
It can be offset
by an
aggravating
circumstance
It can be never
be offset by any
aggravating
circumstance.
As to the
effect
If not offset, it
will operate to
reduce the
penalty to the
min. period,
provided the
penalty is a
divisible one.
It operates to
reduce the
penalty by one
or two degrees
depending
upon what the
law provides.

PAR. 1 - INCOMPLETE JUSTIFYING OR
EXEMPTING CIRCUMSTANCES

Applies when all the requisites necessary to justify
or exempt the act are not attendant.

PAR. 2 - OFFENDER IS UNDER 18 OR
OVER 70 YEARS OF AGE

Legal effects of various ages of offender.

Under 9 years of
age
Exempting
circumstance
Over 9 and under 15
years of age, acting
without discernment
Exempting
circumstance
Minor delinquent
under 18 years of age
Sentence may be
suspended
Under 18 years of age Privileged
mitigating
circumstance
18 years or over Full criminal
responsibility.
70 years or over Mitigating
circumstance, no
imposition of death
penalty, exclusion of
death sentence if
already imposed is
suspended and



Page 19 of 97
commuted

PAR. 3 - NO INTENTION TO COMMIT
SO GRAVE A WRONG

If the offender had no intention to commit
so grave as that committed, he is entitled to
a mitigating circumstance. This can be
taken into account only when the facts
proven show that there is a notable and
evident disproportion between the means
employed to execute the criminal act and its
consequence.

What factors may be considered in
determining that accused had no
intention to commit so grave a wrong?

Intention, being an internal state, must be
judge by external acts.

Intention must be judge by considering the
weapon used, the injury inflicted, and his
attitude of the mind when the accused
attacked the deceased, (Ppl v. Flores, 50 Phil
548)

It is the intention of the offender at the
particular moment when he executes or
commits the criminal act, not his intention
in the planning stage, which must be
considered.

May Art 13 Par 3 be invoked in
culpable felonies?

In felonies through negligence, there is no
intent on the part of the offender which may
be considered.

PAR. 4 - PROVOCATION OR THREAT

Define provocation.

Provocation is understood as any unjust or
improper conduct or act of the offended
party, capable of exciting, inciting, or
irritating any one.

Requisites: (Code: SOI)

1. that the provocation must be sufficient;
2. that it must originate from the offended
party; and
3. that the provocation must be immediate
to the act, i.e., to the commission of the
crime by the person who is provoked.

What constitutes sufficient provocation
to mitigate the liability of one who acts
because of it?
The word sufficient means adequate to excite a
person to commit the wrong and must be
accordingly proportionate to its gravity.
As to whether or not a provocation is sufficient
depends upon the act constituting the provocation,
the social standing of the person provoked, the
place and the time when the provocation was
made.

PAR. 5 VINDICATION OF GRAVE
OFFENSE

Requisites: (Code: GC)

1. that there be a grave offense done to the
one committing the felony, his spouse,
ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or
relatives by affinity within the same
degrees; and
2. That the felony is committed in vindication
of such grave offense. A lapse of time is
allowed between the vindication and the
doing of the grave offense.

Distinguish Provocation from Vindication

Provocation Vindication
As to
whom it is
made
Provocation
is made
directly to the
person
committing
the felony.
The grave
offense may
also be
committed
against the
offenders
relatives
mentioned by
law.
As to its
nature
The
provocation
need not be a
grave offense.
The offended
party must
have done a
grave offense to
the offenders
or his relatives.
As to the It is necessary The vindication



Page 20 of 97
lapse of
time
that the
provocation
or threat
immediately
preceded the
act, i.e., that
there be no
interval of
time between
the
provocation
and the
commission
of the crime
of the grave
offense may be
proximate,
which admits
of an interval of
time between
the grave
offense done by
the offended
party and the
commission of
the crime by
the accused.

What is considered a grave offense?

The question of whether or not a certain
personal offense is grave must be decided by
the court, having in mind the social standing
of the person, the place, and the time when
the insult was made. (Ppl v. Ruiz, 93 SCRA
739)

PAR. 6 - PASSION OR OBFUSCATION

Requisites: (Code: AP)

1. The accused acted upon an impulse;
and
2. The impulse must be so powerful that
it naturally produced passion or
obfuscation in him.

Passion or obfuscation may constitute a
mitigating circumstance only when the same
arose from lawful sentiments.

Even if there is actually passion or
obfuscation on the part of the offender, there
is no mitigating circumstance when
a. the act is committed is a spirit of
lawlessness; or
b. the act is committed in a spirit of
revenge.

How much time should elapse between
the act producing passion and
obfuscation in the accused and the
offense for it to be mitigating?

The act producing obfuscation must not be
far removed from the commission of the
crime by a considerable length of time,
during which the accused might have recovered
from normal equanimity.
The circumstance of passion and obfuscation
cannot be mitigating in a crime which is planned
and calmly meditated before its execution. (Ppl v.
Pagal, 79 SCRA 570)

Distinguish Passion & Obfuscation from
Irresistible Force

Passion &
Obfuscation
Irresistible Force
Mitigating
circumstance
Exempting
circumstance
Cannot give rise to
irresistible force
Requires physical
force
Passion and
obfuscation is within
the offender himself
Irresistible force
comes from a third
person
Arise from lawful
sentiments
Arise from unlawful
sentiments

Distinguish Passion & Obfuscation from
Provocation

Passion &
Obfuscation
Provocation
Passion and
obfuscation is
produced by an
impulse which may
be caused by
provocation.
Provocation comes
from the injured
party
The offense which
engenders
perturbation of mind
need not be
immediate. It is only
required that the
influence there of
lasts until the
moment the crime is
committed.
Provocation must
immediately precede
the crime
The effect is loss of
reason and self-
control on the part of
the offender.
The effect is loss of
reason and self-
control on the part of
the offender.

PAR. 7 - VOLUNTARY SURRENDER AND
PLEA OF GUILT



Page 21 of 97

What are the two mitigating
circumstances provided in Art 13 Par
7?

1. Voluntary surrender to a person in
authority or his agents.
2. Voluntary confession of guilt before
the court prior to the presentation of
evidence for the prosecution.

Requisites of voluntary surrender:
(NAV or VAN)

1. That the offender has not been
actually arrested;
2. That the offender surrendered
himself to a person in authority or to
the latters agent; and
3. That the surrender was voluntary.

When is voluntary surrender
considered mitigating?

For voluntary surrender to be appreciated,
the same must be spontaneous in such a
manner that it shows the interest of the
accused to surrender unconditionally to the
authorities, either because he acknowledged
his guilt or because he wishes to save them
the trouble and expenses necessarily
incurred in his search and capture. (Ppl v.
Gervacio, 24 SCRA 960)

The accused must actually surrender his own
person to the authorities, admitting
complicity in the crime. His conduct, after
the commission of the crime, must indicate a
desire on his part to own the responsibility
for the crime. (Ppl v Flores, 21 CAR [2s] 417)

Is a surrender made after the warrant
has been served considered
mitigating?

The surrender will not be considered as
mitigating. In a case, the appellant
surrendered only after the warrant of arrest
was served upon him, which cannot be
considered as a voluntary surrender. (Ppl
v. Roldan, GR No. L-22030, May 29, 1968)

There was no voluntary surrender if the
warrant of arrest showed that the defendant
was in fact arrested. (Ppl v. Conwi, 71 Phil 595).

But the law does not require that he surrender be
prior to the issuance of the order of arrest. (Ppl v.
Yecla, 68 Phil 740)

Requisites of plea of guilty: (Code: SOP)

1. That the offender spontaneously confessed
his guilt;
2. That the confession of guilt was made in
open court, that is, before the competent
court that is to try the case; and
3. That the confession of guilt was made prior
to the presentation of evidence for the
prosecution.

Accused is charged with murder, upon
arraignment, he pleads guilty to homicide.
Is the plea mitigating?

NO, plea of guilty to a lesser offense is NOT a
mitigating circumstance, because to be voluntary,
the plea of guilty must be to the offense charged.
(Ppl v. Noble, 77 Phil 93)

PAR. 8 PHYSICAL DEFECT

Physical defect referred to in this paragraph is
such as being armless, cripple, or a slutterer, or
whereby his means to act, defend himself, or
communicate with his fellow beings are limited.

PAR. 9 - ILLNESS OF THE OFFENDER

illness should not deprive the offender of
consciousness of his acts.

PAR. 10 SIMILAR AND ANALOGOUS
CIRCUMSTANCES

This paragraph authorizes the court to consider in
favor of the accused any other circumstance of a
similar nature and analogous to those mentioned
in paragraph 1 to 9 of the Article 13.

ART. 14. AGGRAVATING
CIRCUMSTANCES

Aggravating circumstances are those which if
attendant in the commission of the crime serve to
increase the penalty without, however, exceeding



Page 22 of 97
the maximum of the penalty provided by law
for the offense.

Basis:

They are based on the greater perversity of
the offender manifested in the commission of
the felony as shown by the motivating power
itself, the place of commission, the means
and ways employed, the time, or the personal
circumstances of the offender or the offended
party.

Enumerate the four kinds of
aggravating circumstances:

1. Generic those that can generally apply
to all crimes
2. Specific those that apply only to a
particular crimes
3. Qualifying those that change the
nature of the crime.
4. Inherent those that must of necessity
accompany the commission of the
crime.

Distinguish Generic from Qualifying
Aggravating Circumstances.

Generic
Aggravating
Circumstance
Qualifying
Aggravating
Circumstance
Its effect, if not offset
by any mitigating
circumstance, is to
increase the penalty
which should be
imposed upon the
accused to the
maximum period,
but without
exceeding the limit
prescribed by law.
It gives the crime its
proper and exclusive
name but also to
place the author
thereof in such a
situation as to
deserve no other
penalty than that
specially prescribed
by law for said crime.
It can be
compensation by a
mitigating
circumstance
It cannot be offset by
a mitigating
circumstance

When do aggravating circumstances
do not have the effect of increasing the
penalty?
1. Those which in themselves
constitutes a crime specially
punishable by law;
2. Those which are included by law in
defining the crime and prescribing the
penalty therefore; and
3. Those which are inherent in the crime to
such degree that it must of necessity
accompany the commission thereof.

PAR. 1 ADVANTAGE TAKEN OF PUBLIC
POSITION

The public officer must use the influence,
prestige, or ascendancy which his office gives
him as the means by which he realizes his
purpose. The essence of the matter is presented
in the inquiry. Did the accused abuse his office in
order to commit the crime?

If the accused could have perpetrated the crime
even without occupying his position, there is no
abuse of public position.

PAR. 2 CONTEMPT OR INSULT TO
PUBLIC AUTHORITIES

Requisites: (Code: ENKP or PENK)

1. That the public authority is engaged in the
exercise of his functions;
2. That he who is thus engaged on the
exercise of said functions is not the person
against whom the crime is committed;
3. The offender knows him to be a public
authority;and
4. His presence has not prevented the
offender from committing the criminal act.

Who is a public authority

A public authority, sometimes also called a person
in authority, is a public officer who is directly
vested with jurisdiction, that is, a public officer
who has the power to govern and execute the
laws. (Art 152, RPC)

PAR. 3 DISREGARD OF RANK, AGE, SEX
OR DWELLING OF OFFENDED PARTY

When all the four aggravating
circumstances are present, must they be
considered as one?

If all the four circumstances are present, they have
the weight of one aggravating circumstance only.
(Albert)



Page 23 of 97
To what classification of crimes is this
aggravating circumstance applicable?

Disregard of the respect due the offended
party on account of his rank, age, or sex may
be taken into account only in crimes against
persons or honor, when in the commission of
the crime, there is some insult or disrespect
to rank, age or sex. It is not proper to
consider this aggravating circumstance in
crimes against property. (Ppl v. Pagal, 79
SCRA 570)

What is the meaning of with insult or
in disregard?

It is necessary to prove the specific fact or
circumstance, other than that the victim (or
an old man or one of high rank), showing
insult or disregard of sex (or age or rank) in
order that it may be considered as
aggravating circumstance. There must be
evidence that in the commission of the crime,
the accused deliberately intended to offend
or insult the sex or age of the offended party.
(Ppl v. Mangsant, 65 Phil 548)

The act be committed with insult or in
disregard of the respect due the offended
party on account

1. of the rank of the offended party
There must be a difference in the
social condition of the offender and the
offended party
2. of the age of the offended party
Applies to cases where the victim is of
tender age as well as of old age
3. of the sex of the offended party
This refers to the female sex, not the
male sex

When are these circumstances
(disregard of rank, age or sex) not
considered aggravating?

a. When the offender acted with passion
and obfuscation.
b. When there exists a relationship
between the offended party and the
offender.
c. When the condition of being a woman
is indispensable in the commission of
the crime. Thus, in parricide,
abduction or seduction, sex is not
aggravating.

4. that the crime be committed in the
dwelling of the offended party.

What can be considered as a dwelling?

Dwelling must be a building or structure,
exclusively used for rest and comfort. (Ppl v.
Magnaye, 89 Phil 233)

Dwelling includes dependencies, the floor of the
staircase and enclosure under the house.

What aggravates the commission of the
crime in ones dwelling?

1. The abuse of confidence which the offended
party reposed in the offender by opening the
door to him; or
2. The violation of the sanctity of the home by
trespassing therein with violence or against the
will of the owner.

What is the effect if the offended party gave
provocation?

When it is the offended party who has provoked
the incident, he loses his right to the respect and
consideration due in him in his own house. (Ppl v.
Ambis, 68 Phil 635)

The provocation must be: (Code: OSI)

1. given by the owner of the dwelling;
2. sufficient; and
3. immediate to the commission of the crime.

If all these are present, the offended party is
deemed to have given provocation, and the fact
that the crime is committed in the dwelling of the
offended party is not an aggravating circumstance.

Is it necessary that the crime actually be
committed inside the offended partys
dwelling?

For the circumstance to be considered, it is not
necessary that he accused should have actually
entered the dwelling of the victim to commit the
offense; it is enough that the victim was attacked
inside his own house, although the assailant may
have devised means to perpetrate the assault from
without. (Ppl v. Ompaid, 26 SCRA 750)



Page 24 of 97
PAR. 4 ABUSE OF CONFIDENCE
AND OBVIOUS UNGRATEFULLNESS

What are the two circumstances under
Art 14 Par that aggravates the liability
of the offender?
1. Abuse of confidence
2. Obvious ungratefulness

When can this circumstance be
considered?

This circumstance exists only when the
offended party has trusted the offender who
later abuses such trust by committing the
crime. The abuse of confidence must be a
means of facilitating the commission of the
crime, the culprit taking advantage of the
offended partys belief that the former would
not abuse said confidence.

Requisites: (Code: TAF or FAT)

1. That the offended party had trusted
the offender;
2. That the offender abused such trust
by committing a crime against the
offended party; and
3. That the abuse of confidence
facilitated the commission of the
crime.

PAR. 5 PLACES OF COMMISSION
OF OFFENSE

The liability of the offender is aggravated
when the crime is committed:

1. in the palace of the Chief Executive;
2. in the presence of the Chief
Executive;
3. where public authorities are engaged
in the discharge of their duties, or
4. in a place dedicated to the religious
worship.

Distinguish Par 2 from Par 5 of Art 14.

Par. 2 (Contempt
or insult of Public
Authorities)
Par. 5 (Places of
commission of
offense)
The public
authorities are in the
performance of their
duties.
The public
authorities are in the
performance of their
duties.
Public authorities are
outside their office
performing their
duties.
Public authorities are
in their office
performing their
duties.
The public authority
is not the offended
party.
The public authority
is the offended party.

PAR. 6 NIGHTTIME, UNINHABITED
PLACE OR BAND

When are these circumstance considered
aggravating?

1. When it facilitated the commission of the
crime.
because of the darkness of the night the
crime can be perpetrated unmolested, or
interference can be avoided, or there would
be greater certainty in attaining the ends of
the offender (Ppl v. Matbagon, 60 Phil
887)

2. When especially sought for by the offender
to insure the commission of the crime or
for the purpose of impunity.
the offender especially sought for the
nighttime, when he sought for it in order to
realize the crime with more ease (Ppl v.
Aquino, 68 Phil 615).

3. When the offender took advantage
therefor the purpose of impunity.
For the purpose of impunity means to
prevent his (accused) being recognized, or
to secure himself against detection and
punishment. (Ppl v. Matbagon)

How long does nighttime last?

Nighttime should be understood that period of
darkness beginning at the end of dusk and ending
at dawn. Nights are from sunset to sunrise (Art 13 ,
NCC).

What is uninhabited place?

An uninhabited place is one where there are no
houses at all, a place at a considerable distance
from town, or where the houses are scattered at a
great distance from each other.

Whether or not the crime committed is attended
by this aggravating circumstance should be
determined, not by the distance of the nearest



Page 25 of 97
house from the scene of the crime, but
whether or not in the place of the
commission of the offense, there was
reasonable possibility of the victim receiving
some help. (Ppl v. Damaso, 75 OG 4979)

What is a band?

Whenever more than 3 armed malefactors
shall have acted together in the commission
of the offense, it shall be deemed to have
been committed by a band.

PAR. 7 CALAMITY OR MISFORTUNE

What is the basis of this circumstance?

The basis of this aggravating circumstance
has reference to the time of the commission
of the felony.

The reason for the existence of this
circumstance is found in the debased form
of criminality, met in one who, in the midst
of a great calamity, instead of lending aid to
the afflicted, adds to their great suffering by
taking advantage of their misfortune to
despoil them.

Is this circumstance limited to natural
calamities or disasters?

The phrase or other calamity or
misfortune refers to other condition of
distress similar to those previously
enumerated, that is, conflagration,
shipwreck, earthquake or epidemic. Hence,
chaotic conditions after liberation are not
included under this paragraph. (Ppl v.
Corpus, CA 43 OG 2249)

PAR. 8 AID OF ARMED MEN

Requisites: (AA)

1. That armed men or persons took
part in the commission of the crime,
directly or indirectly; and

2. That the accused availed himself of
their aid or relied upon them when
the crime was committed.

Exceptions: This aggravating
circumstance shall not be considered -
a. when both the attacking party and the
party attacked were equally armed.
b. when the accused as well as those who
cooperated with him in the commission of
the crime acted under the same plan and
for the same purpose.

Distinguish with aid of armed men under
Par. 8 from by a band band under Par 6.

By band requires that more than three armed
malefactors shall have acted together in the
commission of an offense.

Aid of armed men is present even if one of the
offenders merely relied on their aid, for actual aid
is not necessary.

PAR. 9 - RECIDIVIST

A recidivist is one who, at the time of his trial for
one crime, shall have been previously convicted by
final judgment of another crime embraced in the
same title of the RPC.

Requisites: (Code:OPEC)

1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;
3. That both the first and the second offenses
are embraced in the same title of this
code; and
4. That the offender is convicted of the new
offense.

PAR. 10 REITERACION

Requisites: (Code: OPC or COP)

1. That the accused is on trial for an offense;
2. That he previously served sentence for
another offense to which the law attaches
an equal or greater penalty, or for two or
more crimes to which it attaches lighter
penalty than that for the new offense; and
3. That he is convicted of the new offense.

When is reiteracion not considered
aggravating?

If, as a result of taking this circumstance into
account, the penalty for the crime of murder would
be death and the offense for which the offender
has been previously convicted are against



Page 26 of 97
property and not directly against persons,
the court should exercise its discretion in
favor of the accused by not taking this
aggravating circumstance into account.

Distinguish Reiteracion from
Recidivism

Reiteracion Recidivism
Offender shall have
served out his
sentence for the first
offense.
It is enough that
final judgment has
been rendered in the
first offense.
The previous and
subsequent offense
must not be
embraced in the
same title of the
Code.
The offenses are
required to be
included in the same
title of the Code.
Not always an
aggravating
circumstance.
Always taken into
consideration in
fixing the penalty to
be imposed upon the
accused.

Enumerate the Four forms of
Repetition.

1. Recidivism (Par 9, Art 14, RPC)
2. Reiteracion or habituality (Par 10, Art 14,
RPC)
3. Multi-recidivism or habitual delinquency
(Art 62, par 5, RPC)
4. Quasi-recidivism (Art 160, RPC)

PAR. 11 PRICE, REWARD OR
PROMISE

How many offenders are contemplated
in this circumstance?

When this aggravating circumstance is
present, there must be two or more
principals, the one who gives or offers the
price or promise and the one who accepts it.

Is this paragraph applicable to the one
who gave the price or reward?

When this aggravating circumstance is
present, it affects not only the person who
received the price or the reward, but also the
person who gave it. (US v. Parro, 36 Phil
923)

What is the purpose of the price or reward
to be considered aggravating?

The evidence must show that one of the accused
used money or other valuable consideration for the
purpose of inducing another to perform the deed.
(US v. Gamao, 23 Phil 81)

PAR. 12 BY MEANS OF INUNDATION,
FIRE, ETC.

Unless used by the offender as a means to
accomplish a criminal purpose, any of the
circumstances in Par 12 cannot be considered to
increase the penalty or to change the nature of the
offense.

PAR. 13 EVIDENT PREMEDITATION

Requisites: (TAS)

1. The time when the offender determined to
commit the crime;
2. An act manifestly indicating that the
culprit has clung to his determination; and
3. A sufficient lapse of time between the
determination and execution, to allow him
to reflect upon the consequences of his act
and to allow his conscience to overcome
the resolution of his will.

Why is sufficient time required?

The offender must have an opportunity to coolly
and serenely think and deliberate on the meaning
and the consequences of what he planned to do,
an interval long enough for his conscience and
better judgment to overcome his evil desire and
scheme. (Ppl v. Mendoza, 91 Phil 58)

PAR. 14 CRAFT, FRAUD OR DISGUISE

This circumstance is characterized by the
intellectual or mental rather than the physical
means to which the criminal resorts to carry out
his design.

Craft involves the use of intellectual trickery
or cunning on the part of the accused

Fraud involves the use of insidious words and
machination used to induce the victim to act in
a manner which would enable the offender to
carry out his design.



Page 27 of 97
Disguise is resorting to any devise to
conceal identity.

Distinguish craft from fraud.

When there is a direct inducement by
insidious words or machinations, fraud is
present; otherwise, the act of the accused
dome in order not to arouse the suspicion of
the victim constitutes craft.

PAR. 15 SUPERIOR STRENGTH OR
MEANS TO WEAKEN DEFENSE

What does taking advantage of
superior strength / means to weaken
defense involve?

To take advantage of superior strength
means to use purposely excessive force out
of proportion to the means of defense
available to the person attach. (Ppl v.
Cabiling, 74 SCRA 285)

The aggravating circumstance of abuse of
superior strength depends on the age, size,
and strength of the parties. It is considered
that whenever there is a notorious inequality
of forces between the victim and the
aggressor, assessing the superiority of
strength notoriously advantageous for the
aggressor which is selected or taken
advantage of by him in the commission of the
crime. (Ppl v. Carpio)

Where abuse of superior strength is to be
estimated as an aggravating circumstance
from the mere fact that more than one
person participated in the offense, it must
appear that the accused cooperated together
in some way designed to weaken the defense.
(Ppl v. Cortez, 55 Phil 143)

The offender employs means to materially
weaken the resisting power of the offended
party. (Ppl v. Tunhawan, 166 SCRA 638)

Mere superiority in number, even assuming
it to be a fact, would not necessarily indicate
the attendance of abuse of superior strength.
The prosecution should still prove that the
assailants purposely used excessive force out
of proportion to the means of defense
available to the persons attacked. (Ppl v.
Sansaet, 376 SCRA 426)
PAR. 16 TREACHERY (Alevosia)

What is treachery?

There is treachery when the offender commits any
of the crimes against the person, employing
means, methods or forms in the execution thereof
which tend directly and specially to insure its
execution, without risk to himself arising from the
defense which the offended party might make.
(Art 14 Par 16 RPC)

Treachery means that the offended party was not
given opportunity to make a defense. (Ppl v.
Tiozon, 198 SCRA 368)

The characteristic and unmistakable manifestation
of treachery is the deliberate, sudden, and
unexpected attack of the victim from behind,
without any warning and without giving him and
opportunity to defend himself or repel the initial
assault.

Rules regarding treachery

1. Applicable only to crimes against the
person.
2. Means, methods or forms need not insure
accomplishment of crime, only its
execution.
3. The mode of attack must be consciously
adopted.

Treachery maybe appreciated in robbery
with homicide although the latter is
essentially a crime against property.

People vs. Ancheta
G.R. No. 143935, 04 June 2004, 431 SCRA 42

Treachery is a generic aggravating circumstance
to robbery with homicide although said crime is
classified as a crime against property and a single
and indivisible crime. xxx
Treachery is not an element of robbery with
homicide. Neither does it constitute a crime
especially punishable by law nor is it included by
the law in defining the crime of robbery with
homicide and prescribing the penalty therefor.
Treachery is likewise not inherent in the crime of
robbery with homicide. Hence, treachery should
be considered as a generic aggravating
circumstance in robbery with homicide for the
imposition of the proper penalty for the crime. xxx



Page 28 of 97
In fine, in the application of treachery as a
generic aggravating circumstance to robbery
with homicide, the law looks at the
constituent crime of homicide which is
a crime against persons and not at the
constituent crime of robbery which is
a crime against property. Treachery is
applied to the constituent crime of
homicide and not to the constituent crime
of robbery of the special complex crime of
robbery with homicide.

Requisites of treachery: (Code: NA)

1. that at the time of the attack, the
victim was not in a position to defend
himself; and
2. that the offender consciously
adopted the particular means,
method or form of attack employed
by him.

Must treachery be present in the
beginning of the assault?

When the aggression is continuous, treachery
must be present in the beginning of the
assault.

When the assault was not continuous, in that
there was an interruption, it is sufficient that
treachery was present at the moment the
fatal blow was given.

What other aggravating circumstances
does treachery absorb?

Treachery absorbs abuse of superior
strength, aid of armed men, by a band and
means to weaken the defense.

Nighttime forms part of the peculiar
treacherous means and manner adopted to
insure the execution of the crime.

PAR. 17 IGNOMINY

What is ignominy?

Ignominy is a circumstance pertaining to
the moral order, which adds disgrace and
obloquy to the material injury caused by the
crime.
It must tend to make the effects of the crime more
humiliating or put the offended party to shame.

To which crimes does this aggravating
circumstance apply?

This aggravating circumstance is applicable to
crimes against chastity, less serious physical
injuries, light or grave coercion and murder

PAR. 18 UNLAWFUL ENTRY

When is there unlawful entry?

There is unlawful entry when an entrance is
effected by a way not intended for the purpose.

As an aggravating circumstance, it must be a
means to effect entrance and not for escape.

PAR. 19 BREAKING WALL

Is it necessary for the offender to enter the
structure or building after breaking the
wall, roof, etc.?

It is not necessary that the offender should have
entered the building. What aggravates the liability
of the offender is the breaking of the part of the
building as a means of the commission of the
crime.

The circumstance is aggravating only in those
cases where the offender resorted to any of said
means to enter the house. If it is broken in order to
get out of the place, it is not an aggravating
circumstance.

PAR. 20 AID OF MINOR OR BY MEANS
OF MOTOR VEHICLES

What are the aggravating circumstances
contemplated under this paragraph?

Two different circumstances are grouped in this
paragraph. The first one tends to repress the
frequent practice resorted to by professional
criminals to avail themselves of minors taking
advantage of their irresponsibility; and the second
one is intended to counteract the great facilities
found by modern criminals in said means to
commit crime and flee and abscond once the same
is committed.



Page 29 of 97
When is the use of motor vehicle
considered aggravating?

Use of motor vehicle is aggravating where the
accused used the motor vehicle in going to
the place of the crime, in carrying away the
effect thereof, and in facilitating their escape.
(Ppl v. Espejo, 36 SCRA 400)

The use of a motor vehicle qualifies the
killing to murder if the same was perpetrated
by means thereof. (Ppl v. Enguito, 326
SCRA 508)

In Ppl v. Mallari, 404 SCRA 170, the accused
deliberately used his truck in pursuing the
victim. Upon catching up with him, accused
hit him with the truck, as a result of which
the victim died instantly. It is clear that the
truck was the means used by accused to
perpetrate the killing of the victim.

PAR. 21 - CRUELTY

What is cruelty?

There is cruelty when the culprit enjoys and
delights in making his victim suffer slowly
and gradually, causing him unnecessary
physical pain in the consummation of the
criminal act. (Ppl v. Dayug, 49 Phil 423)

Cruelty requires deliberate prolongation of
the physical suffering of the victim.

For cruelty to be appreciated as a generic
aggravating circumstance there must be
positive proof that the wounds found on the
body of the victim were inflicted while he was
still alive in order unnecessarily to prolong
physical suffering. (Ppl v. Pacris, 194 SCRA
654)

Requisites of cruelty: (WI)

1. That the injury caused be
deliberately increased by causing
other wrong;
2. That the other wrong be
unnecessary for the execution of the
purpose of the offender.

Distinguish ignominy from cruelty.

Ignominy involves moral suffering, while cruelty
refers to physical suffering.

Note:

Nocturnity is absorbed in treachery
Evident premeditation is inherent in
robbery, estafa, theft and similar offenses.
Craft is inherent in treachery.
Abuse of superior strength, aid of armed
men and nocturnity is absorbed in
treachery.
Unlawful entry is inherent in trespass to
dwelling and robbery with force upon
things but no in robbery with violence
against or intimidation of persons.

ART. 15 - ALTERNATIVE CIRCUMSTANCES

Alternative circumstances are those which must be
taken into consideration as aggravating or
mitigating according to the nature and effects of
the crime and the other conditions attending its
commission.

The alternative circumstances under Art 15 RPC
are:

1. Relationship
2. Intoxication
3. Degree of instruction and education of the
offender

Relationship

The alternative circumstance of relationship shall
be taken into consideration when the offended
party is the

1. spouse
2. ascendant
3. descendant
4. legitimate, natural or adopted brother or
sister, or
5. relative by affinity in the same degree, of
the offender.



Page 30 of 97
When is relationship mitigating?
Exempting? Aggravating?

CRIMES AGAINST PROPERTY
Robbery,
usurpation,
fraudulent
insolvency
Mitigating
Theft, swindling,
malicious mischief
Exempting
CRIMES AGAINST PERSONS
Murder or Homicide Aggravating
Serious physical
injuries
Aggravating
Less serious or slight
physical injuries
Mitigating if victim
is a descendant of
the accused.

Aggravating if the
victim is an
ascendant of the
accused.
Parricide, adultery,
concubinage
Neither mitigating
nor aggravating
since relationship is
inherent in the
crime.

CRIMES
AGAINST
CHASTITY
Aggravating
TRESPASS TO
DWELLING
Mitigating

Intoxication

Mitigating if the intoxication is:

1. Not habitual, or
2. Not subsequent to the plan to
commit a felony.

Once intoxication is established by
satisfactory evidence, in the absence of proof
to the contrary, it is presumed to be non-
habitual or unintentional.

The amount of wine taken must be of such
quantity as to blur the offenders reason and
deprive him of self-control. (Ppl v Cabrera)

Aggravating if intoxication is:

1. Habitual, or
2. Intentional (subsequent to the plan to
commit a felony).

A habitual drunkard is one given to intoxication
by excessive use of intoxicating drinks.

It is intentional when the offender drinks liquor
fully knowing its effects, to find in the liquor a
stimulant to commit a crime or a means to
suffocate any remorse.

Degree of instruction and education of
the offender

When is degree of instruction and
education mitigating? Aggravating?

Low degree of instruction and education or lack of
it is generally mitigating. Lack of instruction or low
degree of it is appreciated as mitigating
circumstance in almost all crimes.

High degree of instruction and education is
aggravating, when the offender avails himself of his
learning in committing the crime.

ART. 16 - PERSONS WHO ARE
CRIMINALLY LIABLE

Persons who are criminally liable in:

I. Grave and less grave felonies:

1. Principals
2. Accomplices
3. Accessories

II.Light felonies

1. Principals
2. Accomplices

Why are accessories in light felonies not
considered criminally liable?
In the commission of light felonies, the social
wrong as well the individual prejudice is so small
that the penal sanction is deemed not necessary
for accessories.



Page 31 of 97
ART. 17 - PRINCIPALS

1. those who take a direct part in the
execution of the act;
2. those who directly force or induce
others to commit it;
3. those who cooperate in the commission
of the offense by another act without
which it would not have been
accomplished.

PRINCIPAL BY DIRECT
PARTICIPATION personally takes part
in the execution of the act constituting the
crime.

Requisites to consider one as a
principal by direct participation:
(Code: PC)

1. That they participated in the
criminal resolution;
2. That they carried out their plan and
personally took part in its execution
by acts which directly tended to the
same end.

When are persons said to have
participated in the criminal
resolution?

Two or more persons are said to have
participated in the criminal resolution when
they were in conspiracy at the time of the
commission of the crime.

When is there conspiracy between the
accused in order to hold them guilty as
co-principals?

In order to held an accused guilty as co-
principal by reason of conspiracy, it must be
established that he performed an overt act in
the furtherance of the conspiracy, either by
actively participating in the actual
commission of the crime, or by lending moral
assistance to his co-conspirators, or by
exerting moral ascendancy over the rest of
the conspirators as to move them to
executing the conspiracy. (Ppl v. Cortez, 57
SCRA 308)

There must be intentional participation in
the transaction with a view to the furtherance
of the common design and purpose. (Ppl v. Izon,
104 Phil 690)

Is a formal agreement among the
conspirators necessary to hold them liable
as co-principals?

In conspiracy, no formal agreement among the
conspirators is necessary, not even previous
acquaintance among themselves; it is sufficient
that their minds meet understandingly so as to
bring about an intelligent and deliberate
agreement to commit the offense charged.

Are all the conspirators liable for the acts of
their co-accused even if the act was not
contemplated by them?

Co-conspirators are liable only for the acts done
pursuant to the conspiracy. For other acts done
outside the contemplation of the co-conspirators
or which are not necessary and logical
consequences of the intended crime, only the
actual perpetrators are liable. (Ppl v. Dela Cerna,
21 SCRA 569).

If A, B and C agreed to kill X but A desisted
before the act may be committed, will A still
be liable as a co-conspirator?

NO, A is not criminally liable. The act of the
conspirators who, as soon as the aggression was
started by his co-conspirators, ran away and called
for help of other persons who hurriedly responded,
is an act of desistance from taking an active part in
the aggression which removes the case from the
operation of the established rule that when a
conspiracy is proven, the act of one co-conspirator
is the act of all. (Ppl v. Mappala)

Does knowledge alone of the criminal
design and purpose sufficient to hold one a
co-principal?

The second requisite of principals by direct
participation requires those people who have
participated in the criminal resolution carry out
their plan and personally take part in its execution
by acts which directly tend to the same end.

He must personally take part in executing the
criminal plan to be carried out. He must be at the
scene of the commission of the crime, personally
taking part in its execution.



Page 32 of 97
If the second requisite is lacking, at most,
there is only conspiracy among the several
defendant who participated in the criminal
resolution, and if the crime they agreed and
decided to commit is not treason, rebellion
or sedition, they are not criminally liable.

PRINCIPAL BY INDUCTION the
principal by induction becomes liable only
when the principal by direct participation
committed the act induced.

What are the two ways of becoming a
principal by induction?

1. Directly forcing another to commit a
crime, or
2. Directly inducing another to
commit a crime

What are the two ways of directly
forcing another to commit a crime?

1. By using irresistible force
2. By causing uncontrollable fear

In these cases, there is no conspiracy, not
even a unity of criminal purpose or intention.
Only the one using force or causing fear is
criminally liable. The material executor is
not criminally liable because of Art. 12 Pars 5
and 6.

What are the two ways of directly
inducing another to commit a crime?

1. By giving price, or offering reward or
promise;
2. By using words of command.

Requisites needed in order that a
person may be convicted as a principal
by inducement: (Code: ID)

1. That the inducement be made
directly with the intention of
procuring the commission of the
crime; and
2. That such inducement is the
determining cause of the
commission of the crime by the
material executor.

What constitutes inducement?

To constitute inducement, there must exist on the
part of the inducer the most positive resolution
and the most persistent effort to secure the
commission of the crime, together with the
presentation to the person induced the very
strongest kind of temptation to commit the crime
(US v Indanan, 24 Phil 203)

When is the inducement said to be the
determining cause?

Inducement must precede the act induced and
must be so influential in producing the criminal
act that without it, the act would not have been
performed.

Requisites needed in order that a person
using words of command maybe held
liable: (Code: IADPN or PAID-N)

1. That the one uttering the words of command
must have the intention of procuring the
commission of the crime;
2. That the one who made the command must
have an ascendancy or influence over the
person who acted;
3. That the words used must be so direct, so
efficacious, so powerful as to amount to
physical or moral coercion;
4. The words of command must be uttered prior
to the commission of the crime ; and
5. The material executor of the crime has no
personal reason to commit the crime.

Distinguish a principal by inducement from
the offender who made a proposal to
commit a felony.

Inducement Proposal
Existence of inducement
to commit the crime
Existence of
inducement to
commit the crime
Becomes liable only if
the crime is committed
by the principal by direct
participation
Becomes liable only
if the crime is
treason or rebellion;
crime must not
actually be
committed
Involves any crime Mere proposal is
punishable only if it
pertains to treason
or rebellion



Page 33 of 97
Requisites in order that a person may
be held liable as principal by
indispensable cooperation:

1. Participation in the criminal
resolution, that is, there is either anterior
conspiracy or unity of criminal purpose
an intention immediately before the
commission of the crime charged;
2. Cooperation in the commission of the
offense by performing another act,
without which it would not have been
accomplished.

ART. 18 - ACCOMPLICES

Requisites needed in order to hold a
person liable as an accomplice: (Code:
CER)

1. That there be community of design;
that is, knowing the criminal design
of the principal by direct
participation, he concurs with the
latter in his purpose;
2. That he cooperates in the execution
of the offense by previous or
simultaneous acts, with the intention
of supplying material or moral aid in
the execution of the crime in an
efficacious way; and
3. That there is a relation between the
acts done by the principal and those
attributed to the person charged as
accomplice.

Conspirator Accomplice
They know and agree
with the criminal
design
They know and agree
with the criminal
design
Has knowledge of
the criminal
intention as they
have decided upon
the course of action
Has knowledge only
of the intention after
the principals have
reached the decision
and only then do they
agree to cooperate in
the execution
Decides the crime to
be committed;
authors of the crime
Merely concurs in
what crime is to be
committed; merely
assent to the plan
and cooperates in its
accomplishment

In case there is doubt, the participation of the
offender will be considered that of an
accomplice rather than that of the principal.
In criminal cases, the participation of the
accused must be established by the
prosecution by positive and competent
evidence. It cannot be presumed.
The accomplice in crimes against person does
not inflict the more or most serious wounds.
Accomplices cooperate by acts not
indispensable in the commission of the crime;
meaning, that without such acts, the crime
could still be committed by the culprit or
culprits. If the acts are indispensable, the
person cooperating is a principal by
cooperation.

ART 19 - ACCESSORIES

What are the specific acts of accessories?

1. By profiting themselves or assisting the
offender to profit by the effects of the crime;
2. By concealing or destroying the body of
the crime to prevent its discovery;
3. By harboring, concealing or assisting in
the escape of the principal of the crime.

What are the two classes of accessories
contemplated under Par 3 of Art 19?

a. Public officers who acts with abuse of
his public functions

Requisites: (Code: CHAP)

1. Accessory is a public officer;
2. He harbors, conceal or assists in the
escape of the principal;
3. He acts with abuse of his public
functions; and
4. Crime committed is any crime but not
light felony.

b. Private person

Requisites: (Code: HOP)

1. Accessory is a private person;
2. He harbors, conceals, assists in the
escape of the offender; and
3. Offender is convicted of either:



Page 34 of 97
i. Treason
ii. Murder
iii. Parricide
iv. attempt to take the life of
the President
v. Known to be habitually
guilty of some other crime

Is the conviction of the accessory
possible even if the principal is
acquitted?

YES. Conviction of an accessory is possible
notwithstanding the acquittal of the
principal, if the crime was in fact committed,
but the principal was not held criminally
liable, because of an exempting
circumstance.

What if the principal is unknown or at
large?

Even if the principal is unknown or at large,
the accessory may be held responsible
provided the requisites prescribed by law for
the existence of the crime are present an the
someone committed it.

ART. 20. ACCESSORIES WHO ARE
EXEMPT FROM CRIMINAL
LIABILITY

What are the situations where
accessories are not criminally liable?

1. When the felony committed is a light
felony
2. When the accessory is related to the
principal as:
a. Spouse
b. an ascendant
c. A descendant
d. A brother or sister, whether
legitimate, natural or adopted or
where the accessory is a relative
by affinity within the same
degree,

unless the accessory himself profited
from the effects or proceeds of the crime
or assisted the offender to profit thereon.

Only accessories under Par 2 and 3 of Art 19
are exempt from criminal liability if they are
related to the principals

If the accessory performed any of the acts
mentioned in Par 1 of Art 19, he is liable even if
the principal is related to him because such
acts are not prompted by affection but by a
detestable greed.

PENALTIES

What are the penalties that may be imposed
under the RPC?

Penalty Duration

CAPITAL PUNISHMENT

Death

AFFLICTIVE PENALTIES

Reclusion Perpetua 20 years & 1 day
40 years
Reclusion Temporal 12 years & 1 day
20 years
Perpetual or
Temporary absolute
disqualification
6 years & 1 day 12
years
Perpetual or
Temporary special
disqualification
6 years & 1 day 12
years
Prision Mayor 6 years & 1 day 12
years

CORRECTIONAL PENALTIES

Prision Correctional 6 months & 1 day
6 years
Arresto mayor 1 month & 1 day 6
months
Suspension 6 months & 1 day
6 years
Destierro 6 months & 1 day
6 years

LIGHT PENALTIES

Arresto Menor 1 day to 30 days
Public Censure

PENALTIES COMMON TO THE 3



Page 35 of 97
PRECEDING CLASSES
Fine
Bond to keep peace

ART. 26 CLASSIFICATION OF FINES

1. Afflictive - if it exceeds P6,000.00
2. Correctional if it does not exceed
P6,000.00 but is not less than P200.00
3. Light Penalty if it be less than
P200.00

In what cases is destierro imposed?

The penalty of destierro is imposed in the
following crimes:

1. Serious Physical injuries or death
under exceptional circumstances
2. Failure to give bond for good
behavior
3. Penalty for concubine
4. In cases where after reducing the
penalty by one or more degrees,
destierro is the proper penalty

ART 29. PREVENTIVE
IMPRISONMENT

When is there preventive
imprisonment?

The accused undergoes preventive
imprisonment when the offense charged is
non-bailable or in cases that the bail cannot
be furnished.

State the rules regarding preventive
imprisonment.

Offenders who have undergone preventive
imprisonment shall be credited in the service
of their sentence with the full time during
which they have undergone preventive
imprisonment, if the detention prisoner
agrees voluntarily in writing to abide by the
same disciplinary rules which he has
undergone preventive imprisonment.

If the detention prisoner does not agree to
abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be
credited in the service of his sentence with
4/5 of the time during which he has undergone
preventive imprisonment.

EXCEPTION: Under the Child & Youth Welfare
Code, the youthful offender shall be
credited in the service of his sentence with
the full time he spent in actual confinement
and detention. It is not necessary that he
agreed to abide by the disciplinary rules
imposed upon convicted prisoners.

ART 36 PARDON BY PRESIDENT

Effects of a pardon by a president:

1. A pardon shall not restore the right to hold
public office or the right of suffrage.

Exception: When any or both such rights
is or are expressly restored by the terms
of the pardon.

2. It shall not exempt the culprit from the
payment of civil indemnity. The pardon
cannot make an exception to this rule.

Limitations to the exercise of pardoning
power:

1. That the power can be exercised only
after conviction;
2. That such power does not extend to
cases of impeachment.

ART. 39 SUBSIDIARY PENALTY

It is a subsidiary personal liability to be suffered
by the convict who has no property with which to
meet the fine, at the rate of one day for each eight
pesos, subject to the rules provided for in Art. 39
RPC.

Rules as to subsidiary imprisonment:

1. If the penalty imposed is prision correctional
or arresto and fine
subsidiary imprisonment, not to exceed 1/3
of the term of the sentence, and in no case
to continue for more than one year.
Fraction or part of a day is not counted.

2. When the penalty imposed is fine only



Page 36 of 97
- subsidiary imprisonment, not to
exceed 6 months, if the culprit is
prosecuted for grave or less grave
felony, and not to exceed 15 days, if
prosecuted for light felony.

3. When the penalty imposed is higher than
prision correccional
- no subsidiary imprisonment

4. If the penalty imposed is not to be
executed by confinement, but of fixed
duration
- subsidiary penalty shall consist in the
same deprivations as those of the
principal penalty, under the rule in
Nos. 1 -3 above.

5. In case the financial circumstance of the
convict should improve, he shall pay the
fine, notwithstanding the fact that the
convict suffered subsidiary personal
liability therefore.

ART. 47. CASES THE DEATH
PENALTY SHALL NOT BE IMPOSED

What are the cases where the death
penalty shall be NOT be imposed?

1. When the guilty person is more
than 70 years old;
2. When upon appeal or revision of the
case by the Supreme Court, 8 justices
are not unanimous in their voting
as to the propriety of the imposition
of the death penalty; or
3. When the offender is a minor
under 18 years of age.

To which crimes is the penalty of death
imposed under RA 7659?

1. Treason
2. Piracy in general and mutiny on the
high seas or in the Philippine water
3. Qualified piracy
4. Qualified bribery
5. Parricide
6. Murder
7. Infanticide
8. Kidnapping and serious illegal
detention
9. Robbery with violation against or
intimidation of persons
10. Destructive arson
11. Rape
12. Plunder
13. Violation of certain provisions of the
dangerous drug act
14. Carnapping

Automatic review of cases where the death
penalty is imposed by the trial court COURT
OF APPEALS (People vs. Mateo).

What are heinous crimes?

Heinous crimes are those punishable by death for
being grievous, odious and hateful offenses and
which, by reason of their inherent or manifest
wickedness, viciousness, atrocity and perversity
are repugnant and outrageous to the common
standards and norms of decency and morality in a
just, civilized and ordered society.

What are the ten (10) specific heinous
crimes?

1. Treason
2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Kidnapping and Serious Illegal Detention
7. Robbery with Homicide
8. Destructive Arson
9. Rape committed by two or more persons,
or with a deadly weapon or with homicide
10. Plunder

Art. 48. COMPLEX CRIMES

In complex crimes, although two or more crimes
are actually committed, they constitute only one
crime in the eyes of the law as well as in the
conscience of the offender. The offender has one
criminal intent, hence, there is only one penalty
imposed for the commission of a complex crime.

What are the two kinds of complex crimes?

1. When a single act constitutes two or more
grave or less grave felonies, otherwise known
as COMPOUND CRIME.



Page 37 of 97
Requisites: (Code: SP-TOT)

1. that only a single act is performed by
the offender;
2. that the single act produces:
a. two or more grave felonies, or
b. one or more grave and one or
more less grave felonies, or
c. two or more less grave
felonies.

2. When an offense is a necessary means
for committing the other, otherwise
known as the COMPLEX CRIME.

Requisites: (TNP)

1. That at least two offenses are
committed;
2. That one or some of the offenses must
be necessary to commit the other;
3. That both or all of the offenses must
be punished under the same statute.

No complex crime in the following
cases:

When one offense is committed to
conceal the other.
When the other crime is an
indispensable part or an element of the
other offense.
Where one of the offenses is penalized
by a special law.
In case of a continued crime.

Give instances when the rules under
Article 48 (Complex Crimes) are not
applicable:

a. When the crimes subject of the case
are covered by the doctrine of
common elements. When one
crime is committed as a necessary
means to commit the other (delito
complejo), they cannot be complexed
if they have a common element. If
that element is used to complete the
requirements for completing the
crime, the other crime would be
incomplete and hence, non-existent.
(e.g. estafa thru falsification of private
document, both crimes require
damage) (People vs Reyes, 56 Phil
286)
The above-mentioned doctrine does not apply
to delito compuesto (single act results in several
grave or less grave). As when one single shot, with
a single intent to kill, killed to victims and the
crimes committed are parricide and homicide.

b. When the crimes involved are subject to
the rule of absorption of one crime by
the other; that if one offense is an
element of another offense, the former is
deemed absorbed by the latter and there is
only one crime. This is true even if the
penalty for the offense absorbed is higher
(e.g. there is no complex crime of illegal
detention with abduction, murder with
rebellion, homicide through physical
injuries).

c. In special complex crimes, (e.g.
robbery with rape, rape with homicide)

d. Where two offenses resulting from single
act are specifically punished as a
single crime, such as less serious
physical injuries and slander by deed. This
is punished under Article 265, par. 2 as the
single crime of less serious physical injuries
with ignominy.

e. When the crimes involved cannot be
legally complexed with another felony
committed in connection therewith.

Distinguish Ordinary Complex Crime from
Special Complex Crime

ORDINARY
COMPLEX
CRIME
SPECIAL
COMPLEX
CRIME
As to
concept
Made up of 2
or more
crimes being
punished in
distinct
provisions of
the RPC but
alleged in one
Information
either
because they
were brought
about by
single
felonious act
or because
Made up of 2 or
more crimes
which are
considered only
as components
of a single
indivisible
offense being
punished in one
provision in the
RPC



Page 38 of 97
one offense in
a necessary
means for
committing
the other
offense or
offenses.
They are
alleged in one
Information
so that only
one penalty
shall be
imposed

As to
penalties

The penalty
for the most
serious crime
shall be
imposed and
in its
maximum
period

Only one
penalty is
specifically
prescribed for
all the
component
crimes which
are regarded as
one indivisible
offense.
The component
crimes are not
regarded as
distinct crimes
and so the
penalty for the
most serious
crime is not the
penalty to be
imposed nor in
its maximum
period.
It is the penalty
specifically
provided for the
special complex
crime that shall
be applied
according to the
rules on
imposition of
penalty.

ART. 75 FINES

As regards the penalty of fine, if the
fine is to be reduced by the degree, the
fine is lowered by deducting of the
maximum amount of the fine from
such maximum without changing the
minimum amount prescribed by law.

Example: if the fine prescribed is from 200 to 500,
but the felony is frustrated so that the penalty
should be imposed one degree lower, of 500
shall be deducted there from. This is done by
deducting 125 from 500 leaving a difference of
375. To go another degree lower, P125 shall
again be deducted from P375 and that would
leave a difference of P250. Hence, the penalty
another degree lower is a fine ranging from
P200 to P250. If at all the fine has to be
lowered further, it cannot go lower than P200.
Under Art. 75, the court cannot change the
minimum of P200. (See People vs. Rodriguez,
G.R. NO. L-6300)

What is complex penalty?

It is a penalty prescribed by law composed of three
distinct penalties, each forming a period; the
lightest of them shall be the minimum, the next
the medium, and the most severe the maximum
period. (Art. 77, RPC)

Example: Reclusion temporal to death (Art. 114,
RPC)

MAXIMUM: Death
MEDIUM: Reclusion perpetua
MINIMUM: Reclusion temporal

INDETERMINATE SENTENCE LAW (ACT
NO. 4013, AS AMENDED)

What is ISLAW?

Indeterminate Sentence Law (ISLAW)
governs whether the crime is punishable under the
RPC or a special law. ISLAW is not limited to
violations of the RPC.

What is the purpose of ISLAW ?

To uplift and redeem valuable human material,
and prevent unnecessary and excessive
deprivation of personal liberty and economic
usefulness.

Is ISLAW applicable to special laws?

Yes, as provided under the ISLAW, whether the
crime is mala in se or malum prohibitum, as long



Page 39 of 97
as the penalty provided is imprisonment, the
ISLAW will apply. This is applied only when
the penalty served is imprisonment. If not by
imprisonment, ISLAW does not apply.

How does ISLAW apply?

When the crime is punished by the RPC, the
ISLAW will be applied as follows:

1. The court shall sentence the accused
to an indeterminate penalty (a
sentence that has a maximum and a
minimum).
2. The maximum of the ISLAW will be
arrived at by taking into account the
attendant mitigating and/or
aggravating circumstances according
to Art. 64 of the RPC.
3. At arriving at the minimum of the
ISLAW, the court will take into
account the penalty prescribed for the
crime and go one degree lower. (see
Basan vs. People, No. L-39483), Nov.
29, 1974, 61 SCRA 275, 277)
4. If there is a privilege mitigating
circumstance which has been taken
into consideration in fixing the
maximum of the ISLAW, the
minimum shall be based on the
penalty as reduced by the privilege
mitigating circumstance within the
range of the penalty next lower in
degree. (People vs. De Joya, 98 Phil.
238, 240)

When the crime is punished by a
special law, this is how the ISLAW will
apply:

1. In fixing the maximum of the ISLAW,
the court will impose the penalty
within the range of the penalty
prescribed by the special law, as long
as it will not exceed the limit of the
penalty.
2. In fixing the minimum of the ISLAW,
the court can fix a penalty anywhere
within the range of penalty prescribed
by the special law, as long as it will
not be less than the minimum limit of
the penalty under said law. No
mitigating and no aggravating
circumstances are taken into account.

How is the maximum term of the
indeterminate penalty determined?

The maximum term of the indeterminate penalty
is determined in any case punishable under the
RPC in accordance with the rules and provisions of
the Code exactly as if the Indeterminate Sentence
Law had never been enacted.

The following are the rules and provisions to be
applied in determining the maximum term of the
indeterminate penalty: Arts. 46, 48, 50 to 57, 61,
62 (except par. 5), 64, 65, 68, 69, and 71.

NOTE: the rules and provisions in those articles,
particularly Arts. 50 to 57, 62, 64, and 65, are not
applicable in fixing the minimum term of the
indeterminate penalty. The duration of the
minimum term is within the range of the penalty
next lower to that prescribed by the Code for the
offense, without regard to its three periods.

When is ISLAW not applicable? (Code:
SHIFTED-PEP)
1. Those sentenced to the penalty of destierro or
suspension.
2. Those who are habitual delinquents.
3. Those whose maximum term of imprisonment
does not exceed one year.
4. Those who, upon the approval of the law, had
been sentenced by final judgment.
5. Those convicted of treason, conspiracy or
proposal to commit treason.
6. those convicted of misprision of treason,
rebellion, sedition or espionage.
7. Persons convicted of offenses punished with
death penalty or life imprisonment.
8. Those convicted of piracy.
9. Those who shall have escaped from
confinement or evaded sentence.
10. Those who violated the terms of conditional
pardon to them by the Chief Executive.



Page 40 of 97

May a recidivist be given the benefit of
ISLAW?

YES, a recidivist for the first time may be
given the benefit of the law. (See People vs.
Yu Lian, C.A., 40 O.G. 4205; People vs.
Venus, 63 Phil. 435, 442)

PD 968: PROBATION LAW

What is probation?

Probation is a disposition under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by the
court and to the supervision of a probation
officer.

When and where shall application for
probation be filed?

The application for probation must be filed
within the period for perfecting an appeal. It
must be invoked after conviction. The
application suspends the execution of the
sentence and places the defendant on
probation for such period. Moreover,
application for probation is exclusively
within the jurisdiction of the trial court that
renders the judgment.

What would be the effect of filing an
application for probation?

The filing of an application for probation is
equivalent to a waiver of the right to appeal.

Note: when the offender appeals,
irrespective of the purpose of the appeal, he
will be disqualified from applying for
probation, even though he later withdraws
his appeal.

Who are disqualified to apply for
probation?

1. Sentenced to more than 6 yrs
2. Convicted of subversion or any crime
against national security
3. Previously convicted by final judgment of
not less than 1 month or fine not less
than P200
4. Once been under probation
5. Already serving sentence

May an order denying/granting probation
be appealed?

NO, an order granting or denying an appeal is not
appealable.

When is probation denied?
1. the offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an
institution;
2. there is an undue risk that during the
period of probation, the offender will
commit another crime; or
3. probation will depreciate the seriousness of
the offense committed.

What are the effects of violation of
probation order?

If the probationer fails to comply with any of the
conditions prescribed in the order, he shall serve
the penalty imposed for the offense under which
he was placed on probation. Moreover, serious
violation of the conditions of probation may cause
probationers arrests.

Distinguish the Probation Law (PL) and
Indeterminate Sentence Law (ISL)

PROBATION ISLAW
As to
sentence
Must not be
more than 6
years
Must be more
than 1 year
As to
penalty
Imprisonment
or fine
Imprisonmen
t only
As to
Dispositi
on
Sentence is
suspended
Minimum to
be served
As to
violation
Entire sentence
shall be served
Unexpired
portion is to
be served
As to
appeal
Forecloses the
right to
probation
No effect on
operation of
the ISLAW



Page 41 of 97
ART. 78 EXECUTION AND SERVICE
OF PENALTIES

When is penalty executed?

Art. 78 provide that no penalty shall be
executed except by virtue of a final judgment.
There must be finality of the judgment first
before it may be executed, because the
accused may still appeal within the period of
15 days from its promulgation. However, if
the defendant had already waived his right to
appeal, judgment becomes final immediately.
(See Rule 120, Sec. 7, Rules of Court).

What are the circumstances that
suspend execution of death sentence?
1. Woman, while pregnant;
2. Woman, within one year after
delivery;
3. Persons over 70 years of age.
4. Convict who becomes insane after
final sentence of death has been
pronounced.

Distinguish between Art. 83 and Art.
47.

Art. 47 apply to cases in which death penalty
is not to be imposed.

They are:

1. When the guilty person is more
than 70 years old.
2. When upon appeal or automatic
review of the case by the S.C., the
required majority vote is not
obtained for imposing the death
penalty.
3. When the convict is a minor under
18 years of age.

While with respect to Art. 83, the same
provides only for the suspension of the
execution of death penalty.

ART. 89 EXTINCTION OF CRIMINAL
LIABILITY

Criminal liability is totally extinguished as
follows:

1. by DEATH of the convict as to personal
penalties; and as to pecuniary penalties,
liability therefore is extinguished only
when the death of the offender occurs
before final judgment
2. by SERVICE of the sentence
3. by AMNESTY which completely
extinguished the penalty and all its effects;
4. by absolute PARDON;
5. by PRESCRIPTION of the crime;
6. by PRESCRIPTION of the penalty;
7. by MARRIAGE of the offended women as
in the crimes of rape, abduction, seduction
and acts of lasciviousness.

Criminal liability is partially extinguished as
follows:

1. by conditional pardon
2. by commutation of sentence
3. for good conduct, allowances which the
culprit may earn while he is serving
sentence
4. by parole
5. by probation

Does extinction of criminal liability
automatically extinguish civil liability?

No, extinction of criminal liability does not
extinguish civil liability. (See Petralba vs.
Sandiganbayan, G.R. No. 81337, Aug. 6, 1991,
200 SCRA 644, 649)

May death extinguish both criminal and
civil liability of an offender?

YES, where the offender dies BEFORE final
judgment, his death extinguishes BOTH his
criminal and civil liabilities. Therefore, when the
offender dies AFTER final judgment, the
pecuniary penalties are not extinguished.

What would be the effect of death if the
accused died pending appeal on his
criminal and civil liability?



Page 42 of 97
General Rule: Death of the accused
pending appeal of his conviction
extinguishes his criminal liability as well
as the civil liability based solely on the
offense committed.

EXCEPTION: The claim on civil liability
survives notwithstanding the death of the
accused, if the same may be predicated
on a source of obligation other than
delict, such as law, contracts, quasi-
contracts, and quasi-delicts. (See People
vs. Bayotas, G.R. No. 152007, Sept. 2,
1994, 236 SCRA 239)

What is Amnesty?

It is an act of sovereign power granting
oblivion or a general pardon for a past
offense, and is rarely, if ever, exercised in
favor of a single individual, and is usually
exerted in behalf of certain classes of
persons, who are subject to trial but have not
yet been convicted.

Does amnesty completely extinguish
the penalty and all its effects?

Yes, it completely extinguishes the penalty
and all its effects. It erases not only the
conviction but also the crime itself.

How is Pardon different from
Amnesty?

The difference between pardon and amnesty
is that, pardon is an act of grace proceeding
from the power entrusted with the execution
of the laws which exempts the individual
from the punishment the law inflicts from
the crime he has committed.

Moreover, Pardon is exercised when the
person is already convicted, while amnesty
may be exercised even before trial or
investigation is had.

Does pardon completely extinguish the
penalty and its effects?

NO, it produces the extinction only of the
personal effects of the penalty.

Note: Both do not extinguish the civil
liability of the offender. (Art. 113, RPC)
Distinguish Pardon by the President from
Pardon by the Offended Party

PARDON BY THE
PRESIDENT
PARDON BY THE
OFFENDED
PARTY
Extinguishes the
criminal liability of
the offender
Does not extinguish
the criminal liability
Pardon does not
include civil liability
that the offender
must pay
The offended party
can expressly waive
the civil liability that
the offender must
pay
Pardon by the
President is granted
only after conviction
and may be extended
to any of the
offenders
In cases where the
law allows pardon by
the offended party
(Art.344), the
pardon should be
given before the
institution of the
criminal prosecution
and must be
extended to both
offenders

ART. 90 PRESCRIPTION OF CRIMES

Distinguish prescription of crime from
prescription of penalty.

Prescription of the crime is the forfeiture or
loss of the right of the State to prosecute the
offender after the lapse of a certain time.

Prescription of penalty is the loss or forfeiture
of the right of the government to execute the final
sentence after the lapse of a certain time

What are the conditions necessary in
prescription of penalty?
1. That there be final judgment; and
2. That the period of the time prescribed
by law for its enforcement has
elapsed.



Page 43 of 97
When shall crimes punishable by fines
prescribe?

Crimes punishable by fines shall prescribe in
15 years, if the fine is afflictive; or in 10
years, if it is correctional; or in two
months, if the fine is light. The
subsidiary penalty for nonpayment of the
fine should not be considered in determining
the period of prescription of the crimes.

Note: Since light felony is specifically
defined in Art. 9 as an infraction of the law
for the commission of which the penalty of
arresto menor or a fine not exceeding P200,
or both, is provided, a fine of P200 provided
for a light felony should not be considered
correctional.

When shall prescription for violations
penalized by special laws & ordinances
begin to run?

Prescription shall begin to run from the day
of the commission of the violation of the law,
and if the same be not known at the time,
from the discovery thereof and the
institution of judicial proceedings for its
investigation and punishment. (Sec. 2, Act
No. 3326)

When is prescription of the crime
interrupted or suspended?
1. When a complaint is filed in a proper
barangay for conciliation or
mediation as required by chapter 7,
LGC, but the suspension of such
period is good only for 60 days;
2. When criminal case is filed in the
Fiscals Prosecutors Office, the
prescription of the crime is
suspended until the accused is
convicted or proceeding is terminated
for a cause not attributable to the
accused;
3. But where the crime is subject to
Summary Procedure, the prescription
of the crime will be suspended only
when the information is already filed
with the trial court. It is not the filing
of the complaint but the filing of the
information in the trial which will
suspend the prescription of the crime.

Note: only the filing of proper information or
complaint in court corresponding to the offense
interrupts the period of prescription.

When does the period of prescription of
crime commence to run?

The period of prescription of crime commences to
run from the commission of the offense or its
discovery (discovery of the crime), if the
commission of the same was unknown.

If the offender is out of the Philippines,
does the term of prescription remain
suspended?

The prescriptive period of the crime or penalty
does not run when the offender is out of the
Philippines.

What is the effect of filing amended
complaint or information upon period of
prescription?

If the amendment is made after the prescriptive
period, distinction must be made between the
original complaint and the different act
complained of. If it is merely a correction of a
defect, the date of the original complaint or
information should be considered. (LTB vs.
Ramos, G.R. No. 41399, Aug. 9, 1934)

BOOK II

TITLE 1 - CRIMES AGAINST NATIONAL
SECURITY AND THE LAW OF NATIONS

Art. 114 - TREASON

What is treason?

Treason is a breach of allegiance to a government,
committed by a person who owes allegiance to it.
(63 C.J. 814)

Who is the offender in the crime of
treason?

The offender in treason must be a Filipino citizen
as provided under the first paragraph of Article 114
but as amended, the RPC punishes a resident alien



Page 44 of 97
who commits treason. (People vs. Marcaida,
79 Phil. 283)

Modes or ways of committing treason

1. by levying war against the
government; and
2. by adhering to the enemies of the
Philippines, giving them aid or
comfort.

Does adherence alone constitute
treason?

No. The crime of treason consists of two
elements: adherence to the enemy; and
rendering him aid and comfort. (People vs.
Tan, P.C., 42 O.G. 1263) Emotional or
intellectual attachment or sympathy to the
enemy, without giving aid or comfort, is not
treason. (People vs. Roble, 83 Phil. 1)

Ways of proving treason

1. testimony of two witnesses, at least,
to the same overt act; or
2. confession of the accused in open
court. (Art. 114, par. 2, RPC; Sec. 4,
Rule 133 of the Rules of Court)

Is there such thing as attempted
treason?

No. Mere attempt of committing treason
consummates the crime.

How adherence may be proven

1. by one witness,
2. from the nature of the act itself, or
3. from the circumstances surrounding
the act. (People vs. Canibas, 85 Phil.
469)

Is extrajudicial confession or
confession made before the
investigators sufficient to convict a
person of treason?

No. The confession means a confession of
guilt. It is not only an admission of facts
made by the accused in giving his testimony
after a plea of not guilty, from which
admissions of his guilt can be inferred. (US
vs. Magtibay, 2 Phil. 705) It means pleading
guilty in open court; that is, before the judge while
actually hearing the case.

Elements of treason: (Code: OWLA)

1. that the offender is a Filipino citizens or an
alien residing in the Philippines;
2. that there is a war in which the Philippines
is involved; and
3. that the offender either:
a. levies war against the government; or
b. adheres to the enemies, giving them aid
or comfort.

Art. 115 CONSPIRACY AND PROPOSAL
TO COMMIT TREASON

How are crimes of conspiracy and proposal
to commit treason committed?

Conspiracy to commit treason is committed when
in times of war, two or more persons come to an
agreement to levy war against the Government or
to adhere to the enemies and to give them aid or
comfort, and decide to commit it. (Arts. 8 and 114,
RPC)

Proposal to commit treason is committed when in
time of war 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 or persons.
(Arts. 8 and 114, RPC)

Does the two-witness rule apply to
conspiracy or proposal to commit treason?

No. The two-witness rule does not apply to this
crime, because this is a separate and distinct
offense from that of treason. (US vs. Bautista, et
al., 6 Phil. 581)

Art. 116 MISPRISION OF TREASON

Elements: (Code: AKC)

1. That the offender must be owing allegiance
to the government and not a foreigner
2. That he has knowledge of any conspiracy
(to commit treason) against the
Government.



Page 45 of 97
3. The he conceals or does not disclose
and make known the same as soon as
possible to the proper authority.

Can misprision of treason be
committed by a resident alien?

No. The offender must be owing allegiance
to the Government, without being a foreigner
therefore this crime can only be committed
by citizens of the Philippines.

Does Art. 116 apply when the crime of
treason is already committed by
someone and the accused does not
report its commission to the proper
authority?

No. The essence of the crime is that there are
persons who conspire to commit treason and
the offender knew this and failed to make the
necessary report to the government within
the earliest possible time. What is required
is to report it as soon as possible. The
criminal liability arises if the treasonous
activity was still at the conspiratorial stage.
Because if the treason already erupted into
an overt act, the implication is that the
government is already aware of it. There is
no need to report the same. This is a felony
by omission although committed with dolo,
not with culpa.

Does Article 20 apply?

No. Whether the conspirators are parents or
children, and the ones who learn the
conspiracy is a parent or child, they are
required to report the same. The reason is
that although blood is thicker than water so
to speak, when it comes to security of the
state, blood relationship is always
subservient to national security. Article 20
does not apply here because the persons
found liable for this crime are not considered
accessories; they are treated as principals.

ART. 117. ESPIONAGE

What is espionage?

Espionage is the offense of gathering,
transmitting, or losing information
respecting the national defense with intent or
reason to believe that the information is to be used
to the injury of the Republic of the Philippines or
to the advantage of any foreign nation.

Distinguish Espionage from Treason.

TREASON ESPIONAGE
Treason is
committed only in
times of war,
Espionage may be
committed both in
time of peace and in
time of war
Treason is limited in
two ways of
committing the
crime: levying war,
and adhering to the
enemy
giving him aid or
comfort
Espionage may be
committed in more
than two ways
Treason may be
committed by a
citizen or a resident
alien
Espionage is
generally committed
by an alien

Ways of committing espionage and their
elements:

1. by entering, without authority therefore, a
warship, fort, or naval or military
establishment or reservation to obtain any
information, plans, photographs or other data
of a confidential nature relative to the defense
of the Philippines.

Elements: (Code: OAP)

(a) that the offender enters any of the
places mentioned therein;
(b) that he has no authority therefore; and
(c) that his purpose is to obtain
information, plans, photographs or
other data of a confidential nature
relative to the defense of the
Philippines. (Guevarra)

2. By disclosing to the representative of a foreign
nation the contents of the articles, data or
information referred to in paragraph no. 1 of
Art. 117, which he had in his possession by
reason of the public office he holds.



Page 46 of 97
Elements: (Code: PPD)

(a) that the offender is a public
officer;
(b) that he has in his possession the
articles, data or information
referred to in paragraph no. 1 of
Art. 117, by reason of the public
office he holds; and
(c) that he discloses their contents to
a representative of a foreign
nation.

ART. 118 - INCITING WAR OR GIVING
MOTIVES FOR REPRISALS

Elements: (Code: PA)

1. That the offender performs unlawful
or unauthorized acts
2. That such acts provoke or give
occasion for a war involving or liable
to involve the Phil. or expose Filipino
citizens to reprisals on their persons
and property.

Is the intention of the accused
material in committing this crime?

No. According to Viada, to be liable for
inciting to war or giving motives for
reprisals, the intention of the accused is
immaterial.

ART. 119 VIOLATION OF
NEUTRALITY

What is neutrality?

A nation or power which takes no part in a
contest of arms going on between others is
referred to as neutral. (Burril, L.D.)

Elements of this crime: (Code: WRV)

1. That there is a war in which in the
Phil. is not involved
2. That there is a regulation issued by a
competent authority for the purpose
of enforcing neutrality
3. That the offender violates such regulation

Does national security include rebellion,
sedition and subversion?

Yes. When we say national security, it should be
interpreted as including rebellion, sedition and
subversion. The Revised Penal Code does not treat
rebellion, sedition and subversion as crimes
against national security, but more of crimes
against public order because during the time that
the Penal Code was enacted, rebellion was carried
out only with bolos and spears; hence, national
security was not really threatened. Now, the threat
of rebellion or internal wars is serious as a national
threat.

ART. 120. CORRESPONDENCE WITH
HOSTILE COUNTRY

Elements: (Code: WCPCC)

1. That it is in time of war in which the Phil.
is involved
2. That the offender makes correspondence
with the enemy country or territory
occupied by the enemy troops
3. That the correspondence is either
a. Prohibited by the government
b. Carries on in ciphers or
conventional signs
c. Containing notice or information
which might be useful to the enemy

ART. 121. FLIGHT TO ENEMYS COUNTRY

Elements: (Code: WAAE)

1. That there is a war in which the Phil. is
involve
2. That the offender must be owing allegiance
to the government
3. That the offender attempts to flee or go to
enemy country
4. That going to enemy country is prohibited
by the competent authority.



Page 47 of 97
In crimes against the law of nations,
where can the offenders be
prosecuted?

In crimes against the law of nations, the
offenders can be prosecuted anywhere in the
world because these crimes are considered as
against humanity in general, like piracy and
mutiny. Crimes against national security can
be tried only in the Philippines, as there is a
need to bring the offender here before he can
be made to suffer the consequences of the
law. The acts against national security may
be committed abroad and still be punishable
under our law, but it cannot be tried under
foreign law.

ART. 122. PIRACY IN GENERAL AND
MUTINY ON THE HIGH SEAS

Modes or ways of committing piracy

1.) By attacking or seizing a vessel on
the high seas
2.) By seizing in the vessel while on
high seas the whole or part of its
cargo, its equipment or personal
belongings of its complement or
passengers

What is piracy?

It is robbery or forcible depredation on the
high seas, without lawful authority and done
with animo furandi and in the spirit and
intention of universal hostility. (People vs.
Lol-lo, et al., 43 Phil. 19)

Distinguish Piracy from Robbery on
the high seas.

When the offender is a member of the
complement or a passenger of the vessel and
there is violence against or intimidation of
persons or force upon things in taking the
property in the vessel, it is robbery; if the
offender is an outsider, it will be piracy.

ELEMENTS OF PIRACY: (Code: VMA)

1. That a vessel is on the high seas
2. That the offenders are not members
of its complement or passengers of
the vessel
3. That the offenders
a) attack that vessel, OR
b) seize the whole or part of the cargo of said
vessel, its equipment or personal
belongings of its compliment or
passengers.

What is mutiny?

It is the unlawful resistance to a superior officer, or
the raising of commotions and disturbances on
board a ship against the authority of its
commander. (Bouviers Law Dictionary, Vol. 2, p.
2283)

What constitutes the crime of mutiny in the
high seas?

It is the unlawful resistance to a superior, or the
raising of commotions and disturbances on board
a ship against the authority of its commander; as
distinguished from piracy, offenders in piracy are
strangers to said vessels and with intent to gain.

Define high seas.
Any waters on the sea coast which are without the
boundaries of low-water mark, although such
waters may be in the jurisdictional limits of a
foreign govt.

Piracy Mutiny
The persons who
attack a vessel or
seize its cargo are
strangers to said
vessels
The persons who
attack a vessel or
seize its cargo are
members of the
crew or
passengers
The offense was
committed by
attacking or seizing
of the vessel or
stealing
an offense is
committed by
refusal to
commanders
orders

ART. 123. QUALIFIED PIRACY

Circumstances that qualify the crime of
piracy or mutiny

1. Whenever they have seized the vessel by
boarding or firing upon the same



Page 48 of 97
2. Whenever the pirates have
abandoned their victims without
means of saving themselves
3. Whenever the crime is accompanied
by murder, homicide, physical
injuries, or rape

TITLE 2 CRIMES AGAINST THE
FUNDAMENTAL LAWS OF THE
STATE

ART. 124. ARBITRARY DETENTION

Classes of arbitrary detention

1. arbitrary detention by detaining a
person without legal ground. (Art.
124, RPC);
2. delay in the delivery of detained
persons to the proper judicial
authorities. (Art. 125, RPC); and
3. delaying release. (Art. 126, RPC)

Elements: (Code: PDW)

1. That the offender is a public officer or
employee
2. The he detains a person
3. That the detention is without legal
grounds

Legal grounds for the detention of
persons

1. The commission of the crime
2. Violent or other ailment requiring
compulsory confinement of the
patient in a hospital

May a private individual be held liable
for arbitrary detention?

As a general rule, the offender must be a
public officer to be held liable for arbitrary
detention. The public officer must be vested
with authority to detain or order the
detention of persons accused of a crime, but
when they detain a person they have no legal
grounds therefor. Exception to the rule is
that private individual who conspired with
public officers in detaining certain policemen
are guilty of arbitrary detention. (People v.
Camerino, CA-GR No. 14207-R, Dec. 14, 1956)

When is there a detention?

A person is detained when he is placed in
confinement or there is a restraint on his person.
(US v. Cabanag, 8 Phil. 64)

Distinguish Arbitrary Detention from
Illegal Detention.

In arbitrary detention, the principal
offender must be a public officer. Civilians
can commit the crime of arbitrary detention except
when they conspire with a public officer
committing this crime, or become an accomplice
or accessory to the crime committed by the public
officer; and the offender who is a public officer has
a duty which carries with it the authority to detain
a person.

While in illegal detention, the principal
offender is a private person. But a public
officer can commit the crime of illegal detention
when he is acting in a private capacity or beyond
the scope of his official duty, or when he becomes
an accomplice or accessory to the crime committed
by a private person. The offender, even if he is a
public officer, does not include as his function the
power to arrest and detain a person, unless he
conspires with a public officer committing
arbitrary detention.

Can all public officers commit arbitrary
detention?

No. In the crime of arbitrary detention, although
the offender is a public officer, not any public
officer can commit this crime. Only those public
officers whose official duties carry with it the
authority to make an arrest and detain persons can
be guilty of this crime. So, if the offender does not
possess such authority, the crime committed by
him is illegal detention. A public officer who is
acting outside the scope of his official duties is no
better than a private citizen.

Distinguish Arbitrary Detention from
Unlawful Arrest.

As to offender: In arbitrary detention, the offender
is a public officer possessed with authority to make
arrests while in unlawful arrest; the offender may
be any person.



Page 49 of 97
As to criminal intent: In arbitrary detention,
the main reason for detaining the offended
party is to deny him of his liberty while in
unlawful arrest, the purpose is to accuse the
offended party of a crime he did not commit,
to deliver the person to the proper authority,
and to file the necessary charges in a way
trying to incriminate him. When a person is
unlawfully arrested, his subsequent
detention is without legal grounds.

ART. 125. DELAY IN THE DELIVERY
OF DETAINED PERSONS TO THE
PROPER JUDICIAL AUTHORITIES

Elements: (Code: PDF)

(1) that the offender is a public officer or
employee;
(2) that he has detained a person for
some legal ground; and
(3) that he fails to deliver such person to
the proper judicial authorities within:
(a) 12 hrs, for crimes or offenses
punishable by light penalties, or
their equivalent; or
(b) 18 hrs, for crimes or offenses
punishable by correctional
penalties, or their equivalent; or
(c) 36 hrs, for crimes or offenses
punishable by afflictive or
capital penalties, or their
equivalent.

Does the period stated in Art. 125 of
the RPC include nighttime?

No. The period stated herein does not
include the nighttime. It is to be counted
only when the prosecutors office is ready to
receive the complaint or information.

Does this article apply if the arrest is
by virtue of a warrant?

No. Art. 125 applies only when the arrest is
made without warrant of arrest. But the
arrest must be lawful. If the arrest is made
with a warrant of arrest, the person arrested
can be detained indefinitely until his case is
decided by the court or he posts a bail for his
temporary release. The reason for this is that there
is already a complaint or information filed against
him with the court which issued the order or
warrant of arrest and it is not necessary to deliver
the person thus arrested to that court.

What does failure to deliver the person
arrested to the proper judicial authorities
mean?

The delivery to the proper judicial authority of a
person arrested without warrant by a peace officer,
does not consist in a physical delivery, but in
making an accusation or charge or filing of an
information against the person arrested with the
corresponding court or judge, whereby the latter
acquires jurisdiction to issue an order of release or
of commitment of the prisoner, because the
arresting officer can not transfer to the judge and
the latter does not assume the physical custody of
the person arrested. (Sayo vs. Chief of Police of
Manila, 80 Phil. 859)

May a fiscal be held liable under this
article?

As a general rule, the fiscal will not be responsible
for violation of said Art. 125 because he is not the
one who has arrested and illegally detained the
person arrested, unless he has ordered or induced
the arresting officer to hold and not release the
prisoner after the expiration of said period. (Sayo
vs. Chief of Police of Manila, 80 Phil. 863)

When a public officer may not be
responsible under Art. 125:

Under the Revised Rules of Court, when the
person arrested is arrested for a crime which gives
him the right to preliminary investigation and he
wants to avail his right to a preliminary
investigation, he would have to waive in writing
his rights under Article 125 so that the arresting
officer will not immediately file the case with the
court that will exercise jurisdiction over the case.
If he does not want to waive this in writing, the
arresting officer will have to comply with Article
125 and file the case immediately in court without
preliminary investigation. In such case, the
arrested person, within five days after learning
that the case has been filed in court without
preliminary investigation, may ask for preliminary
investigation. In this case, the public officer who
made the arrest will no longer be liable for
violation of Article 125.



Page 50 of 97
Distinguish Art. 124 from Art. 125.

In Art. 124, the detention is illegal from the
beginning while in Art. 125, the detention is
legal in the beginning, but illegality starts
from the expiration of the specified periods
without the persons detained having been
delivered to the proper judicial authority.

ART. 126 DELAYING RELEASE

Acts punishable under Art. 126

1. by delaying the performance of a
judicial or executive order for the
release of a prisoner;
2. by unduly delaying the service of the
notice of such order to said prisoner;
and
3. by unduly delaying the proceedings
upon any petition for the liberation
of such person.

Elements: (Code: PJW)

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

Who are the offenders under this
article?

The public officers who are most likely to
commit the offense penalized in Art. 126 are
the wardens and peace officers temporarily
in charge of prisoners or detained persons.

ART. 127. EXPULSION

Acts punishable under Art. 127

1. by expelling a person from the Philippines;
and
2. by compelling a person to change his
residence.

Elements: (Code: PEA)

employee;
2. that he expels any person from the
Philippines, or compels a person to change
his residence; and
3. that the offender is not authorized to do so
by law.

May a trial court judge expel any person?

No. the trial court judge has no authority to expel
any person from the Philippines, only the
President of the Philippines is authorized to deport
aliens. Trial court judge has the authority to
compel any person to change his residence upon
final judgment only.

ART. 128. VIOLATION OF DOMICILE

How is violation of domicile committed?

It is committed by any public officer or employee
who, not being authorized by judicial order, shall
enter any dwelling against the will of the owner
thereof, search papers or other effects found
therein without the previous consent of such
owner, or, having surreptitiously entered said
dwelling, and being required to leave the
premises, shall refuse to do so.

What are the ways of committing the
violation of Art. 128? (Code: ESR)

1. Entering any dwelling against the will of
the owner
2. Searching papers or others found therein
without the previous consent of such owner



Page 51 of 97
3. Refusing surreptitiously entered said
dwelling and after having required to
leave the same.

What are the circumstances that
qualify the offense?

1. if the offense is committed at
nighttime; or
2. if any papers or effects not
constituting evidence of a crime are
not returned immediately after the
search made by the offender.

article?

Article 128 is limited to public officers. The
public officers who may be liable for crimes
against the fundamental laws are those who
are possessed of the authority to execute
search warrants and warrants of arrests.

ART. 129. SEARCH WARRANTS
MALICIOUSLY OBTAINED AND
ABUSE IN THE SERVICE OF THOSE
LEGALLY OBTAINED

Acts punishable in connection with
search warrants

1. by procuring a search warrant
without just cause; and
2. by exceeding his authority or by
using unnecessary severity in
executing a search warrant legally
procured.

Elements: (Code: PPJ)

employee;
2. that he procures a search warrant;
and
3. that there is no just cause.

When is search warrant said to have
been procured without just cause?

A search warrant is said to have been
procured without just cause when it appears
on the face of the affidavits filed in support of
the application therefor, or through other
evidence, that the applicant had every reason to
believe that the search warrant sought for was
unjustified.

May perjury be complexed with the crime
of search warrant maliciously obtained?

No. Even if the crime of perjury was a necessary
means for committing the crime of search warrant
maliciously obtained, they cannot form a complex
crime. They are separate and distinct crimes to be
punished with their respective penalties because of
the phrase in addition to the liability attaching to
the offender for the commission of any other
offense.

Elements of exceeding authority or using
unnecessary severity in executing a search
warrant legally procured: (Code: PLE)

employee;
2. that he has legally procured a search
warrant; and
3. that he exceeds his authority or uses
unnecessary severity in executing the same.

ART. 130 SEARCHING DOMICILE
WITHOUT WITNESS

Elements: (Code: PSO)

1. That the offender is a public
officer/employee
2. That he searches the domicile, papers or
other belongings of any person
3. That the owner or any member is his
family, or two witnesses residing in the
same locality are not present

ART. 131. PROHIBITION, INTERRUPTION,
DISSOLUTION OF PEACEFUL MEETINGS

Acts punishable under Art 131 (Code: PHP)

1. Prohibiting or interrupting, without legal
ground the holding of a peaceful meeting,
or by dissolving the same



Page 52 of 97
2. Hindering any person from joining
any lawful association or from
attending any of its meetings.
3. Prohibiting or hindering any person
from addressing, either alone or to
together with others, any petition to
the authorities for the correction of
abuses or redress of grievances.

What constitutes a violation of
paragraph 1 of Art. 131? (Code: ML)

1. the meeting must be peaceful, and
2. there is no legal ground for
prohibiting, or interrupting or
dissolving that meeting.

What are the criteria in determining
whether Art. 131 is violated?

1. Dangerous tendency rule, which
is applicable in times of national
unrest such as to prevent coup detat.
2. Clear and present danger rule,
which is applied in times of peace.


Art 131 Art 153
As to the
participation
of the public
officer
In Article 131,
the public
officer is NOT
a participant.
As far as the
gathering is
concerned,
the public
officer is a
third party
If the public
officer is a
participant
of the
assembly and
he prohibits,
interrupts, or
dissolves the
same, Article
153 is
violated if the
same is
conducted in
a public
place.
As to the
essence of
the crime
In Article 131,
the offender
must be a
public officer
and, without
any legal
ground, he
prohibits,
interrupts, or
dissolves a
In Article
153, the
offender need
not be a
public officer.
The essence
of the crime
is that of
creating a
serious
peaceful
meeting or
assembly to
prevent the
offended
party from
exercising his
freedom of
speech and
that of the
assembly to
petition a
grievance
against the
government
disturbance
of any sort in
a public
office, public
building or
even a private
place where a
public
function is
being held.

ART. 132. INTERRUPTION OF RELIGIOUS
WORSHIP

Elements: (Code: PRP)

1. That the offender is a public
officer/employee
2. That the religious ceremonies or
manifestations of any religion are about to
take place or are going on that the offender
prevents/disturbs the same
3. that the offender prevents or disturbs the
same.
Qualified by violence or threats

ART. 133. OFFENDING RELIGIOUS
FEELINGS

Elements: (Code: PCN)

1. That the acts complained of were
performed:
a. In a place devoted to religious worship
(not necessary that there is religious
worship), or
b. During the celebration of any religious
ceremony
2. That the acts must be notoriously offensive
to the feelings of the faithful



Page 53 of 97

Art 132 Art 133
The offender must
be a public officer
The offender may
be anybody
a religious
ceremony is about
to take place or
are going on
there is no need
that a religious
ceremony is about
to take place or
are going on
the acts
committed by the
offender must not
be notoriously
offensive to the
feelings of the
faithful
the acts
committed by the
offender must be
notoriously
offensive to the
feelings of the
faithful.

What is a religious ceremony?

Religious ceremonies are those religious
acts performed outside of a church, such as
processions and special prayers for burying
dead persons. (Albert)

Nature
of
Crime
Who are
Liable
If Element
Missing
Art.131 Crime
against
the
fundam
ental
law of
the state
Public
officers,
Outsiders
If not by
public
officer -
tumults
Art.13
2
Crime
against
the
fundam
ental
law of
the state
Public
officers,
Outsiders
If by insider
- unjust
vexation
If not
religious -
tumult or
alarms
If not
notoriously
offensive -
unjust
vexation
Art.13
3

Crime
against
public
order
Public
officers,
private
persons,
outsiders
If not
tumults -
alarms and
scandal
If meeting
illegal at
onset -
inciting to
sedition or
rebellion

TITLE 3 CRIMES AGAINST PUBLIC
ORDER

ART. 134. REBELLION/ INSURRECTION

Elements of rebellion: (Code: PTTRBD)

1) That there be:
(a) public uprising, and
(b) taking arms against the Govt.
2) That the purpose of the uprising or movements
is either-
i) To remove from the allegiance to said
government or its
ii) The territory of the Phil.
iii) Any body of land, naval or other armed
forces
iv) to deprive the Chief Executive or
Congress, wholly or partially, of any of
their powers or prerogatives.

Distinguish Rebellion from Insurrection.

Rebellion is more frequently used where the object
of the movement is completely to overthrow and
supersede the existing government; while
insurrection is more commonly employed in
reference to a movement which seeks merely to
effect some change of minor importance, or to
prevent the exercise of governmental authority
with respect to particular matters of subjects
(Reyes, citing 30 Am. Jr. 1).

Distinguish Rebellion from Treason.

Rebellion is a crime against public order while
treason is a crime against national security. The
levying of war against the Government would
constitute treason when performed to aid the
enemy. It would also constitute an adherence to
the enemy, giving him aid and comfort. (US vs.
Lagnason, 3 Phil. 472) The levying of war against
the Government during peace time for any of the
purposes mentioned in Art. 134 is rebellion.



Page 54 of 97
Rebellion always involves taking arms
against the government while treason may be
committed by mere adherence to the enemy
giving him aid or comfort.

Is there an attempted or a frustrated
stage in rebellion?

None. Rebellion is always in consummated
stage.

ART. 134 A COUP DETAT

Elements: (Code: MAP)

1. that the offender is a person or
persons belonging to the military or
police or holding any public office or
employment;
2. that it is committed by means of a
swift attack accompanied by violence,
intimidation, threat, strategy or
stealth;
3. that the attack is directed against
duly constituted authorities of the
Republic of the Philippines or any
military camp or installation,
communication networks, public
utilities or other facilities needed for
the exercise and continued
possession of power; and
4. that the purpose of the attack is to
seize or diminish state power.

What are the instances wherein
civilian maybe charged of coup detat?

1. when the civilian conspires with
military officers and

2. when the civilian finances, supports,
abets or aids the military officers.

Distinguish Rebellion from Coup d
etat.

REBELLION COUP DETAT
There is a public
uprising and/or
taking arms against
the government
There is no need of
public uprising/and
or taking arms
against the govt;
what is important is
that there is a swift
attack
Purpose is to
remove allegiance
from the govt
and/or deprive the
Chief Executive of
their power or
prerogatives
Purpose is to seize or
diminish state power

ART. 135. PENALTY FOR REBELLION OR
INSURRECTION

Who are liable for rebellion / coup detat

1. Any person who a) promotes, b) maintains, c)
or heads a rebellion or resurrection (Code:
PMH)
2. Any person who, while holding any public
office or employment, takes part therein
a. Engaging in war against the forces of the
govt.
b. Destroying property or committing serious
violence
c. Exacting contributions or diverting public
funds from the lawful purpose of which
they have been appropriated (Code: EDE)
3. Any person merely participating or executing
the command of others in a rebellion

ART. 137. DISLOYALTY OF PUBLIC
OFFICERS/EMPLOYEES

Punishable acts of disloyalty (Code: FCA)

1. Failing to resist a rebellion by all means in
their power
2. Continuing to discharge the duties of their
offices under the control of the rebels
3. Accepting appointment to office under
them

May a private individual be held
responsible under this article?

No. The offender must be a public officer or
employee. If a private individual accepts an



Page 55 of 97
appointment to office under the rebels, he is
not liable under this article.

ART. 138 INCITING TO
REBELLION/INSURRECTION

Elements: (Code: TIM)

1. That the offender does not take arms
or is not in open hostility against the
government
2. The he incites others to the
execution of any of the acts of
rebellion
3. That the inciting is done by means of
speeches, proclamations, writings,
emblems, banners or other
representations tending to the same
end.

Inciting to
rebellion
Proposal to
commit rebellion
it is not required
that the offender has
decided to commit
rebellion
the person who
proposes has
decided to commit
rebellion
the act of inciting is
done publicly
the person who
proposes the
execution of the
crime uses secret
means

ART. 139 SEDITION

Elements: (Code: PEPPICD)

1. That the offender rise publicly and
tumultuously

2. That they employ force,
intimidation, or other means outside
of legal methods

3. That the offenders employ any of
those means to attain any of the ff.
objects:

a. To prevent the promulgation or
execution of any law or the holding
of any popular election

b. To prevent the national government or
any provincial or municipal government
or any public officer from freely
exercising its or his functions or
prevents the execution of any
administrative order.

c. To inflict any act of hate or revenge
upon the person or property of any
public office officer/employee

d. To commit, for any political or social
end, any act of hate or revenge against
private persons or any social class

e. 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

Are common crimes absorbed in sedition?

No. Common crimes committed in that case were
independent of each other. (People vs. Umali, 96
Phil. 185)

When is it considered tumultuous?

It is tumultuous when it is caused by more than
three persons who are armed or provided with the
means of violence.

ART. 140. PENALTY FOR SEDITION

Persons liable for sedition

a. The leader of the sedition
b. Other persons participating in the sedition

ART. 142. INCITING TO SEDITION

Acts punishable as inciting to sedition
(Code: IUW)

a. Inciting others to the accomplishment of
any of the acts which constitute by means
of speeches, proclamations, writings,
emblems (inciting people to rise publicly
and tumultuously)

b. Uttering seditious words or speeches which
tend to disturb the public peace



Page 56 of 97
c. Writing, publishing or circulating
scurrilous libels against the
government or any of the duly
constituted authorities, which tend to
disturb the public peace

Elements: (Code: DII)

1. that the offender does not take direct
part in the crime of sedition;
2. that he incites others to the
accomplishment of any of the acts
which constitute sedition; and
3. that the inciting is done by means of
speeches, proclamations, writings,
emblems, cartoons, banners, or other
representations tending to the same
end.

When will uttering seditious words or
speeches and writing, publishing or
circulating scurrilous libels be
punishable? (Code: DISL)

a. they tend to disturb or obstruct any
lawful officer in executing the
functions of his office;
b. they tend to instigate others to cabal
and meet together for unlawful
purposes; or
c. they suggest or incite rebellious
conspiracies and riots; or
d. they lead or tend to stir up the people
against the lawful authorities or to
disturb the peace of the community,
the safety and order of the
government. (Art. 142, 2
nd
part)

Rules relative to seditious words:

(1) the clear and present danger rule; and
(2) the dangerous tendency rule.

ART. 143 ACTS TENDING TO
PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES

Elements: (Code: PP)

1) That there be a projected meeting or
actual meeting of the National
Assembly or any of its committees or
subcommittees, constitutional
commissions or committees or divisions or
of any provincial board or city or municipal
council or board
2) That the offender who may by any person
prevents such meeting by force or fraud

ART. 146. ILLEGAL ASSEMBLIES

Forms of illegal assembly

1. Any meeting attended by armed persons for
the purpose of committing any of the crimes
punishable under the Code

Elements: (Code: MAP)

a. that there is a meeting, a gathering or
group of persons, whether in a fixed place
or moving;
b. that the meeting is attended by armed
persons; and
c. that the purpose of the meeting is to
commit any of the crimes punishable under
the code.

2. Any meeting in which the audience, whether
armed or not, is incited to the commission of
the crime of treason, rebellion or insurrection,
sedition or assault upon a person in authority.

Elements: (Code: MA)

a. there is a meeting, a gathering or group of
persons, whether in a fixed place or
moving; and
b. that the audience, whether armed or not, is
incited to the commission of the crime of
treason, rebellion or insurrection, sedition
or direct assault.

Distinguish Meeting of the 1
st
form from
meeting of the 2
nd
form.

MEETING (FIRST
FORMS)
MEETING (2
ND

FORM)
Meeting must be
attended by armed
persons
Meeting may be
attended by persons
either armed or not
The purpose of the The purpose of the



Page 57 of 97
meeting is to commit
any crime
punishable under
the RPC
meeting is to incite
for the commission
of treason, rebellion,
insurrection,
sedition or assault
upon person in
authority

Persons liable for illegal assembly

1. organizers or leaders of the meeting;
and
2. persons merely present at the
meeting.

Persons merely present at the meeting
must have a common intent to commit
the felony of illegal assembly

It is necessary that the audience is
actually incited. If in the meeting the
audience is incited to the commission of
rebellion or sedition, the crimes
committed are illegal assembly as regards
to the organizers or leaders or persons
merely present and inciting to rebellion
or sedition insofar as the one inciting
them is concerned.

Is there an illegal assembly when the
unlawful purpose of the meeting is
violative of a special law?

No. If unlawful purpose is a crime under a
special law, there is no illegal assembly. For
example, the gathering of drug pushers to
facilitate drug trafficking is not illegal
assembly because the purpose is not violative
of the Revised Penal Code but of The
Dangerous Drugs Act of 1972, as amended,
which is a special law.

ART. 147. ILLEGAL ASSOCIATIONS

What are illegal associations?

1. Association totally or partially
organized for the purpose of
committing any of the crimes
punishable under the Code
2. Association totally or partially organized
for some purpose contrary to public
morals.
Persons liable for illegal association

The persons liable for illegal association are the
founders, directors, president and members of any
association totally or partially organized, (1) for
the purpose of committing any of the crimes
punishable under RPC, or (2) for some purpose
contrary to public morals.

Illegal
Association
Illegal
Assembly
As to actual
meeting
taking place
it is not
necessary
that there be
an actual
meeting
it is
necessary
that there is
an actual
meeting or
assembly or
armed
persons for
the purpose
of
committing
any of the
crimes
punishable
under the
Code, or of
individuals
who,
although not
armed, are
incited to the
commission
of treason,
rebellion,
sedition, or
assault upon
a person in
authority or
his agent.

As to act
punishable
it is the act of
forming or
organizing
and
membership
in the
association
that are
punished
it is the
meeting and
attendance
at such
meeting that
are punished
As to
persons
(a) the
organizers or
(a) the
founders,



Page 58 of 97
liable leaders of the
meeting and
(b) the
persons
present at
meeting
directors and
president,
and (b) the
members.

ART. 148 DIRECT ASSAULTS

Ways of committing the crime of direct
assaults:

1. Without public uprising, by
employing force or intimidation for
the attainment of any purposes
enumerated in defining the crimes of
sedition and rebellion

2. Without public uprising, by attacking,
by employing force or seriously
intimidating or by seriously resisting
any person in authority or any of his
agents, while engaged in the
performance of official duties, or on
the occasion of such performance.

Elements of the 1
st
form of direct
assault: (Code: EAN)

1. that the offender employs force or
intimidation;
2. that the aim of the offender is to
attain any of the purposes of the
crime of rebellion or any of the
objects of the crime of sedition; and
3. that there is no public uprising.

Elements of the 2
nd
form of direct
assault:

1. that the offender: (Code: AFSS)
a. makes an attack
b. employs force,
c. makes a serious intimidation, or
d. makes a serious resistance;
2. that the person assaulted is a person in
authority or his agent;
3. that at the time of the assault the person
in authority or his agent (Code: ERKN)
a. is engaged in the actual performance of
official duties, or that he is assaulted
b. by reason of the past performance of
official duties;
c. that the offender knows that the one he
is assaulting is a person in authority or
his agent in the exercise of his duties;
and
d. that there is no public uprising.

Is knowledge of the accused that the victim
is a person in authority or his agent
essential?

Yes. The accused assaulting must have knowledge
that the offended party was a person in authority
or his agent in the exercise of his duties, because
the accused must have the intention to offend,
injure or assault the offended party as a person in
authority or agent of authority. (People v.
Villaseor, 35 SCRA 460)

What does on occasion of such
performance mean?

The phrase on occasion of such performance
means that the impelling motive of the attack is
the performance of official duty. The words on
occasion signify because or by reason of the
past performance of official duty, even if at the
very time of the assault no official duty was being
discharged. (Justo v. Court of Appeals, 99 Phil.
453)

Two kinds of direct assault of the 2
nd
form:

1. simple assault; and
2. qualified assault.

When is direct assault qualified? (Code:
WPP)

1. when the assault is committed with a
weapon;
2. when the offender is a public officer or
employee; or
3. when the offender lays hands upon a
person in authority.



Page 59 of 97
Is slight physical injuries absorbed in
the crime of direct assault?

Yes. The crime of slight physical injuries is
absorbed in the crime of direct assault as the
same is the necessary consequence of the
force or violence inherent in all kinds of
assault. (People vs. Acierto, 57 Phil. 614)

ART. 149. INDIRECT ASSAULT

Elements: (Code: PAM)

1. that a person in authority or his agent
is the victim of any of the forms of
direct assault defined in Art. 148;
2. that a person comes to the aid of such
authority or his agent; and
3. that the offender makes use of force
or intimidation upon such person
coming to the aid of the authority or
his agent.
Can be committed only when a direct
assault is also committed.

Offended party may be a private person,
any person who comes to the aid of a
person in authority or his agent

May a private person be the offended
party in indirect assault?

Yes. It will be noted that Art. 149 states that
the use of force or intimidation must be
made upon any person coming to the aid of
the authorities or their agents. A private
person who comes to the rescue of an
authority or his agent enjoys the privileges of
the latter, and any person who uses force or
intimidation upon such person under the
circumstances is guilty of atentado (assault)
under Art. 149. (Guevara)

ART. 151. RESISTANCE AND
DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF
SUCH PERSON

Elements of resistance and serious
disobedience: (Code: PRA)
1. that a person in authority or his agent is
engaged in the performance of official duty
or gives a lawful order to the offender;
2. that the offender resists or seriously
disobeys such person in authority or his
agent; and
3. that the act of the offender is not included
in the provisions of Arts. 148, 149 and 150.

Elements of simple disobedience: (Code:
ADD)

1. that an agent of a person in authority is
engaged in the performance of official duty
or gives a lawful order to the offender;
2. that the offender disobeys such agent of a
person in authority; and
3. that such disobedience is not of a serious
nature.

DIRECT
ASSAULT
RESISTANCE OR
SERIOUS
DISOBEDIENCE
The person in
authority or his
agent must be
engaged in the
performance of
official duties OR
That he is
assaulted by
reason thereof
The person in authority
or his agent must be in
actual performance of
his duties
Direct Assault (2
nd

form) is
committed in 4
ways
Committed only by
resisting or seriously
disobeying a person in
authority or his agent
Force is employed Force is employed but
the use of such force
and resistance is not so
serious, as there is no
manifest intention to
defy the law and the
officers enforcing it.

ART. 152. PERSONS IN AUTHORITY &
AGENTS OF PERSONS IN AUTHORITY

Who is a person in authority?

Any person directly vested with jurisdiction,
whether as an individual or as a member of some



Page 60 of 97
court or government owned or controlled
corp. board, or commission

Persons in authority

Municipal mayor
Division superintendent of schools
Public and private school teachers
Teacher-nurse
Pres. Of sanitary division
Provincial fiscal
Justice of peace
Municipal councilor
Barrio capt. And brgy. chair

Note: professors are persons in authority
under 148 and 151 not in 149 (indirect
assault)

Who is an agent of a 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, such as brgy.
councilman, brgy. policeman brgy. leader,
officers and members of the brgy.
community brigades, any person who comes
to the aid of persons in authority. A brgy.
capt. and a brgy. chair are also deemed as
persons in authority.

ART. 153. TUMULTS AND OTHER
DISTURBANCES OF PUBLIC ORDER

What are tumults and other
disturbances of public order? (Code:
SIMDB)

1. causing any serious disturbance in a
public place, office or establishment;
2. interrupting or disturbing
performances, functions or
gatherings, or peaceful meetings, if
the act is not included in Arts. 131 and
132;
3. making any outcry tending to incite
rebellion or sedition in any meeting,
association or public place;
4. displaying placards or emblems which
provoke a disturbance of public order in
such place; and
5. burying with pomp the body of a person
who has been legally executed.

Distinguish Inciting to Sedition or
Rebellion from Public Disorder.

For an outcry or the displaying of emblems or
placards to constitute inciting to commit rebellion
or sedition, it is necessary that the offender should
have done the act with the idea aforethought of
inducing his hearers or readers to commit the
crime of rebellion or sedition but if the outcry is
more or less unconscious outburst which, although
rebellious or seditious in nature, is not
intentionally calculated to induce others to commit
rebellion or sedition, it is only public disorder.

What is the meaning of tumultuous?

The disturbance or interruption shall be deemed to
be tumultuous if caused by more than three
persons who are armed or provided with means
of violence.

ART. 154. UNLAWFUL USE OF MEANS
OF PUBLICATION & UNLAWFUL
UTTERANCES

Acts punished as unlawful use of means of
publication and unlawful utterances (Code:
PEMP)

1. by publishing or causing to be published,
by means of printing, lithography or any
other means of publication, as news any
false news which may endanger the public
order, or cause damage to the interest or
credit of the State;
2. by encouraging disobedience to the law or
to the constituted authorities or by
praising, justifying or extolling any act
punished by law, by the same means or by
words, utterances or speeches;
3. by maliciously publishing or causing to be
published any official resolution or
document without proper authority, or
before they have been published officially;
and



Page 61 of 97
4. by 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.

ART. 155 ALARMS & SCANDALS

Acts punished as alarms and scandals
(Code: DIDC)

1. discharging any firearm, rocket,
firecracker, or other explosive within
any town or public place, calculated
to cause (which produces) alarm or
danger;
2. instigating or taking an active part in
any charivari or other disorderly
meeting offensive to another or
prejudicial to public tranquility;
3. disturbing the public peace while
wandering about at night or while
engaged in any other nocturnal
amusements; and
4. causing any disturbance or scandal in
public place while intoxicated or
otherwise, provided Art. 153 is not
applicable.

ART. 156. DELIVERING PRISONERS
FROM JAILS

Elements: (Code: PR)

1. that there is a person confined in a
jail or penal establishment; and
2. that the offender removes therefrom
such person, or helps the escape of
such person.

article?

The guard of the jail, who is off duty, may be
held liable for delivering prisoner from jail.
(People vs. Del Barrio, et. al., CA, 60 OG
3908)

ART. 157. EVASION OF SERVICE OF
SENTENCE

Elements: (Code: CSE)

1. that the offender is a convict by final
judgment;
2. that he is serving his sentence which
consists in deprivation of liberty; and
3. that he evades the service of his sentence
by escaping during the term of his
sentence.

Circumstances qualifying the offense

If such evasion or escape takes place (Code:
MBUC)

1. by means of unlawful entry;
2. by breaking doors, windows, gates, walls,
roofs or floors;
3. by using picklocks, false keys, disguise,
deceit, violence or intimidation; or
4. through connivance with other convicts or
employees of the penal institution.

Art. 159 VIOLATION OF CONDITIONAL
PARDON

Elements: (Code: CGV)

1. that the offender was a convict;
2. that he was granted a conditional pardon
by the Chief Executive; and
3. that he violated any of the conditions of
such pardon.

Distinguish Violation of Conditional
Pardon from Evasion of Service of Sentence
by Escaping.

Violation of conditional pardon does not cause
harm or injury to the right of other person nor
does it disturb the public order; it is merely an
infringement of the terms stipulated in the
contract between the Chief Executive and the
criminal while evasion of the service of the
sentence is an attempt at least to evade the penalty
inflicted by the courts upon criminals and thus



Page 62 of 97
defeat the purpose of the law of either
reforming or punishing them for having
disturbed the public order. (Alvarez vs.
Director of Prisons, 80 Phil. 43)

ART. 160 QUASI RECIDIVISM

Quasi-recidivism is a special aggravating
circumstance where a person, after having
been convicted by final judgment, shall
commit a new felony before beginning to
serve such sentence, or while serving the
same. He shall be punished by the maximum
period of the penalty prescribed by law for
the new felony.

Elements: (Code: CC)

1. that the offender was already
convicted by final judgment of one
offense; and
2. that he committed a new felony
before beginning to serve such
sentence or while serving the same.

Distinguish Recidivism from Quasi-
Recidivism

RECIDIVISM
QUASI-
RECIDIVISM
The convictions of
the offender are for
crimes embraced in
the same title of the
RPC
The convictions are
not for the crimes
embraced in the
same Title of the
RPC, provided that it
is a felony that was
committed by the
offender before
serving sentence by
final judgment for
another crime or
while serving
sentence for another
crime
This circumstance is
generic aggravating
and therefore can be
offset by an ordinary
mitigating
circumstance
This circumstance is
a special aggravating
circumstance which
cannot be offset by
any mitigating
circumstance

INTEREST

Art. 171 FALSIFICATION BY PUBLIC
OFFICERS

Elements: (Code: PAFE)

1. that the offender is a public officer,
employee or notary public;
2. that he takes advantage of his official
position;
3. that he falsifies a document by committing
any of the following acts: (Code:
CCAMAMII)
a. counterfeiting or imitating any
handwriting, signature or rubric;
b. causing it to appear that persons
have participated in any act or
proceeding when they did not in
fact so participate;
c. attributing to persons who have
participated in an act or proceeding
statements other than those in fact
made by them;
d. making untruthful statements in a
narration of facts;
e. altering true dates;
f. making any alteration or
intercalation in a genuine
document which changes its
meaning;
g. issuing in authenticated form a
document purporting to be a copy
of an original document when no
such original exists, or including in
such copy a statement contrary to,
or different from, that of the
genuine original; and
h. intercalating any instrument or
note relative to the issuance thereof
in a protocol, registry or official
book; and
4. 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



Page 63 of 97
falsification may affect the civil status
of persons.
When can we say that the offender
took advantage of his official position
in falsifying a document?

When:

1. he has the duty to make or prepare or
otherwise to intervene in the
preparation of the document; or
2. he has the official custody of the
document which he falsifies (People
v. Santiago Uy, 53 OG 7236)

Ways of committing falsification
under paragraph 1 of Art. 171:

1. counterfeiting, which is imitating any
handwriting, signature or rubric; and
2. feigning, which is simulating a
signature, handwriting or rubric out
of one which does not in fact exist.

Requisites of counterfeiting:

1. that there be an intent or an attempt
to imitate; and
2. that the two signatures or
handwritings, the genuine and the
forged, bear some resemblance to
each other. (US v. Rampas, 20 Phil.
189)

Is there a need that the signature of
the offended party be imitated?

No. The imitation of the signature of the
offended party is not necessary in
falsification under par. 2 of Art. 171. (People
v. De la Llave, C.A., 40 OG 1908)

Requisites of par. 2:

1. that the offender caused it to appear
in a document that a person or
persons participated in an act or a
proceeding; and
2. that such person or persons did not
in fact so participate in the act or
proceeding.

1. that a person or persons participated in an
act or a proceeding;
2. that such person or persons made
statements in that act or proceedings; and
3. that the offender, in making document,
attributed to such person or persons
statements other than those in fact made
by such person or persons.


1. that the offender makes in a document
statements in a narration of facts;
2. that he has a legal obligation to disclose the
truth of the facts narrated by him;
3. that the facts narrated by the offender are
absolutely false; and that the perversion of
truth in the narration of facts was made
with the wrongful intent of injuring a third
person.

Under par. 5 of Art. 171, is there a need that
the date altered essential?

Yes. There is falsification under this paragraph
only when the date mentioned in the document is
essential. The alteration of the date or dates in a
document must affect either the veracity of the
document or the effects thereof. (People v.
Reodica and Cordero, 62 Phil. 567)


1. that there be an alteration (change) or
intercalation (insertion) on a document;
2. that it was made on a genuine document;
3. that the alteration or intercalation has
changed the meaning of the documents;
and
4. that the change made the document speak
something false.

May a private individual be held liable
under this article?

Yes. A private person who cooperates with a
public officer in the falsification of a public
document is guilty of the crime and incurs the



Page 64 of 97
same liability and penalty as the public
officer. (US v. Ponte, 20 Phil. 379)

Art. 172 FALSIFICATION BY
PRIVATE INDIVIDUALS

Acts punished under Art. 172 (Code:
PPU)

1. falsification of public, official,
commercial document by a private
individual;
2. falsification of private document by
any person; and
3. use of falsified document.

Elements of falsification under par. 1
of Art. 172 (Code: PCF)

1. that the offender is a private
individual or a public officer or
employee who did not take advantage
of his official position;
2. that he committed any of the acts of
falsification enumerated in Art. 171;
and
3. that the falsification was committed
in a public or official or commercial
document.

Is damage or intent to cause damage
essential element in falsification of
private and public document?

Yes. Damage or intent to cause damage is
an essential element in Falsification of
private documents. This is not true however
in Falsification of public, official or
commercial documents, the reason being
that what is being punished in the latter
offense is the violation of the public faith and
the perversion of truth as therein solemnly
proclaimed.

Elements of falsification of private
document:

1. that the offender committed any of the acts
of falsification, except those in par. 7,
enumerated in Art. 171;
2. that the falsification was committed in any
private document; and
3. that the falsification caused damage to a
third party or at least the falsification was
committed with intent to cause such
damage.

Distinguish Falsification of public or
official documents from Falsification of
private documents.

FALSIFICATION OF
PUBLIC/OFFICIAL
DOCUMENTS
FALSIFICATION OF
PRIVATE
DOCUMENTS
The principal thing
punished is the
violation of public faith
and the perversion of
truth which the
document solemnly
proclaims, and for this
reason, it is immaterial
whether or not some
prejudice has been
caused to third persons
Prejudice to a third
party is primarily taken
into account so that if
such damage is not
apparent, or there is at
least no intention to
cause it, the
falsification is not
punishable

Elements of use of falsified document:

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 No. 1 or 2 of Art.
172; and
3. that he introduced said document in
evidence in any judicial proceeding.

The elements of use in any other
transaction are: (Code: KEUU)

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 subdivision No. 1 or 2 of
Art. 172;



Page 65 of 97
3. that he used such document (not in
judicial proceeding); and
4. that the use of the false document
caused damage to another or at least
it was used with intent to cause such
damage.

Art. 177 USURPATION OF
AUTHORITY OR OFFICIAL
FUNCTIONS

What are offenses contemplated in
Art. 177?

Two offenses are contemplated in Art. 177
usurpation of authority, covered by the first
portion thereof; and usurpation of official
functions, covered by the second portion.
(People vs. Belarmino, CA, 58 OG 6284)

Ways of committing the crime under
Article 177:

1. by knowingly and falsely
representing oneself to be an officer,
agent or representative of any
department or agency of the
Philippine Government or any foreign
government; and
2. by performing any act to any person
in authority or public officer of the
Philippine Government or of a
foreign government or any agency
thereof, under pretense of official
position, and without being lawfully
entitled to do so.

Requisites in order to be held liable
under this article:

The offender:

1. should have represented himself to
be an officer, agent or representative
of any department or agency of the
government; or

2. should have performed an act
pertaining to a person in authority or
public officer.

Art. 178 USING FICTITIOUS NAMES AND
CONCEALING TRUE NAME

Elements under paragraph 1 of Art. 178:
(Code: UFPD)

1. that the offender uses a name other than
his real name;
2. that he uses that fictitious name publicly;
and
3. that the purpose of the offender is
(a) to conceal a crime;
(b) to evade the execution of a judgment; or
(c) to cause damage to public interest.

Elements under paragraph 2 of Art. 178:

1. that the offender conceals
a. his true names; and
b. all other personal circumstances;
and
2. that the purpose is only to conceal his
identity.

Distinguish Use of fictitious name from
Concealing true name.

USE OF
FICTITIOUS
NAME
CONCEALING TRUE
NAME
Element of publicity
must be present
Element of publicity is
not necessary
Purpose is any of the
following, to conceal a
crime, to evade the
execution of a
judgment or to cause
damage
Purpose is merely to
conceal identity
Subject is only the
name of the person
Subject is both the
name and other
personal circumstances



Page 66 of 97
Art. 182 FALSE TESTIMONY IN
CIVIL CASES

Elements: (Code: TTDM)

1. that the testimony must be given in a
civil case;
2. that the testimony must relate to the
issues presented in said case;
3. that the testimony must be false;
4. that the false testimony must be given
by the defendant knowing the same
to be false; and
5. that the testimony must be malicious
and given with an intent to affect the
issues presented in said case. (US vs.
Aragon, 5 Phil. 469)

Is Art. 182 applicable when the false
testimony is given in special
proceedings?

No. Art. 182 applies only to ordinary civil
cases, as contemplated in Sec. 1, Rule 2 of the
Rules of Court, and does not apply to special
proceedings, such as the summary
settlement of estates of small value, under
Sec. 2, Rule 74 of the Rules of Court, which
may fall under the category of other cases
contemplated in Art. 183.

Art. 183 FALSE TESTIMONY IN
OTHER CASES & PERJURY

Ways of committing perjury: (Code:
OA)

1. by falsely testifying under oath; and

2. by making a false affidavit.

Elements: (Code: SCWS)

1. that the accused made a statement
under oath or executed an affidavit
upon a material matter;
2. that the statement or affidavit was
made before a competent officer,
authorized to receive and administer
oath;
3. that in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood; and
4. that the sworn statement or affidavit
containing the falsity is required by law.
(People vs. Bautista, CA., 40 OG 2491)

What is the meaning of material matter?

It is the main fact which is the subject of the
inquiry or any circumstance which tends to prove
that fact or any fact or circumstance which tends
to corroborate or strengthen the testimony relative
to the subject of inquiry, or which legitimately
affects the credit of any witness who testifies.

What is subornation of perjury?

Subornation of perjury is committed by a person
who knowingly and willfully procures another to
swear falsely and the witness suborned does
testify under circumstances rendering him guilty
of perjury. (US vs. Ballena, 18 Phil. 382)

TITLE 5 CRIMES RELATIVE TO OPIUM
AND OTHER PROHIBITED DRUGS as
amended by RA 9165 COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002

What are acts punished under RA 9165?
(Code: ISMEMIMPPPPUCMU)

1. Importation of DD and/or Controlled
Precursors and Essential Chemicals (Sec 4)

2. Sale, trading, administration, dispensation,
delivery, distribution and transportation of
DD and CPEC

3. Maintenance of a den, dive or resort

4. Employees and visitors of den, dive or
resort

5. Manufacture of DD or CPEC

6. Illegal Chemical Diversion of CPEC

7. Manufacture or delivery or equipment,
instrument, apparatus, and other
paraphernalia for DD or CPEC
8. Possession of DD



Page 67 of 97

9. Possession of equipment, instrument,
apparatus and other paraphernalia
for DD

Possession of such paraphernalia is
prima facie evidence that possessor
has smoked, consumed, administered
to himself or used a DD

10. Possession of DD during parties,
social gatherings or meetings
- possession of and DD during any
social gathering, meeting or in the
proximate company of at least 2
persons

11. Possession of equipment, instrument,
apparatus, other paraphernalia for
DD during social gatherings,
meetings, etc

12. Use of DD

13. Cultivation or culture of plants
classified as DD or are sources
thereof

14. Maintenance and keeping of original
records of transactions on DD and
CPEC

15. Unnecessary prescription of DD

16. Unlawful prescription of DD

MORALS

ART 200. GRAVE SCANDAL

Elements: (Code: PHNP)

1. That the offender performs an act or
acts
2. That such act or acts be highly
scandalous a offending against
decency and good customs
3. That the highly scandalous conduct is
not expressly falling within any other
article of this code
4. That the act or acts complained of be
committed in a public place within the
public knowledge or view

TITLE 7 CRIMES COMMITTED BY
PUBLIC OFFICERS

ART. 203 - WHO ARE PUBLIC OFFICERS

Who is a public officer?

One who takes part in the performance of public
functions in the government or performing in said
government or in any of its branches public duties
as an employee, agent or subordinate official of
any rank or class.

One whose authority is to take part in the
performance of public functions or to perform
public duties must be by direct provisions of law,
by popular election, by appointment by competent
authority.

MISFEASANCE improper performance of
some act which might lawfully be done

MALFEASANCE - the performance of some act
which ought not to be done

NONFEASANCE - omission of some act which
ought to be performed

ART. 210 - DIRECT BRIBERY

Acts punishable as direct bribery (Code:
AAA)

1. Agreeing to perform, or by performing in
consideration of any offer, promise, gift, or
present an act constituting a crime, in
connection with the performance of his
official duties
2. Accepting a gift in consideration of the
execution of an act which does not
constitute a crime, in connection with the
performance of his official duty
3. Agreeing to refrain, or by refraining from
doing something which it is his official duty
to do, in consideration of a gift or promise



Page 68 of 97
ART. 211 - INDIRECT BRIBERY

Elements: (Code: PAO)

1. That the offender is a public officer
2. That he accepts gifts
3. That the said gifts are offered to him
by reason of his office

ART. 217 - MALVERSATION

Acts punishable as malversation
(Code: ATCB)

1. Appropriating public funds or property
2. Taking or misappropriating the same
3. Consenting or through abandonment
or negligence, by permitting any other
person to take such public funds or
property.
4. Being otherwise guilty of the
misappropriation or malversation of
such funds or property

Common elements of these acts (Code:
PCFA)

1. The offender is a public officer who
has:
a. Official custody of public funds
or property or the duty to collect
or receive funds due to the Govt
b. The obligation to account for
them to the Govt
2. He had the custody or control of
funds or property by reason of the
duties of his office
3. Those funds or property were public
funds or property for which he was
accountable
4. He appropriated, took,
misappropriated or consented or
through abandonment or negligence
permitted another person to take
them.

Distinguish Malversation from Estafa

Malversation (Art.
217)
Estafa with Abuse of
Confidence (Art. 315)
Funds or property
usually public
Funds/property are
always private
Offender is usually a
public officer who is
accountable for the
public funds/property
Offender is a private
individual or even a
public officer who is not
accountable for public
funds/property
Crime is committed
by approaching,
taking, or
misappropriating/con
senting, or through
abandonment or
negligence,
permitting any other
person to take the
public funds/property
Crime is committed by
misappropriating,
converting, or denying
having received money,
goods or other personal
property

ART. 220 ILLEGAL USE OF PUBLIC
FUNDS OR PROPERTY / TECHNICAL
MALVERSATION

Elements: (Code: PPAP)

1. The offender is a public officer
2. There is public fund or property under his
administration
3. Such public fund or property has been
appropriated by aw or ordinance
4. He applies the same to a public use other
than that for which such fund or property
has been appropriated by law or ordinance

ART. 223 CONNIVING WITH OR
CONSENTING TO EVASIONS

Elements: (Code: PCEC)

2. He has in his custody or charge a prisoner,
either detention prisoner or prisoner by final
judgment
3. Such prisoner escaped from his custody



Page 69 of 97
4. He was in connivance with the prisoner
in the latters escape

ART. 224 EVASION THROUGH
NEGLIGENCE

Elements: (Code: PCP)

2. He charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgment
3. Such prisoner escaped through
negligence

ART. 225 ESCAPE OF PRISONER
UNDER THE CUSTODY OF A PERSON
NOT A PUBLIC OFFICER

Elements: (Code: PCEC)

1. The offender is a private person
2. The conveyance or custody of a
prisoner or person under arrest is
confided to him
3. the prisoner or person under arrest
escapes
4. the offender consents to the escape of
the prisoner or person under arrest or
the escape takes place through his
negligence.

ART. 235 MALTREATMENT OF
PRISONERS

Elements: (Code: PCM)

1. the offender is a public officer or
employee
2. he has under his charge a prisoner or
detention prisoner
3. he maltreats such prisoner in either
of the ff manners:
a. By overdoing himself in the
correction and handling of a
prisoner or detention prisoner either
i. By the imposition of
punishments not authorized by
the regulations
ii. By inflicting such punishments
(those authorized) in a cruel and
humiliating manner
b. By maltreating such prisoner to extort a
confession or to obtain some
information from the prisoner

ART. 245. ABUSES AGAINST CHASTITY

Elements: (Code: PSIUW)

1. the offender is a public officer
2. he solicits or makes immoral or indecent
advances to a woman
3. such woman must be:
a. interested in matters before the
offending officer of decision or with
respects to which he is required to
submit a report to or consult with a
superior officer
b. under the offenders custody
c. the wife, daughter, sister or
relative within the same degree by
affinity of any person in the custody
of the offending warden or officer.

TITLE 8 CRIMES AGAINST PERSONS

ART. 246. PARRICIDE

Elements: (Code: KDF)

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 (not less than 3 days old), whether
legitimate or illegitimate, or a legitimate
other ascendant or legitimate other
descendant, or the legitimate spouse, of the
accused.



Page 70 of 97
If a person killed another, not knowing
that the latter was his son, will he be
guilty of parricide?

Yes, because the law does not require
knowledge of relationship between them.

ART. 247. DEATH OR PHYSICAL
INJURIES UNDER EXCEPTIONAL
CIRCUMSTANCES

Requisites:

1. That a legally married person or
parent surprises his spouse or his
daughter, the latter under 18 years of
age and living with him, in the act of
committing sexual intercourse with
another person.
2. That 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 (the
discovery, the escape, the pursuit,
and the killing must all form part of
one continuous act)
3. That he has not promoted or
facilitated to the prostitution of his
wife or daughter, or that he and she
has not consented to the infidelity of
the other spouse.

Is Art 247 applicable even if an hour
had passed between the discovery of
the act of sexual intercourse and the
killing of the victim?

Yes. The RPC, in requiring that the accused
shall kill any of them or both of them xxx
immediately after surprising his spouse in
the act of intercourse, does not say that he
should commit the killing instantly
thereafter. It only requires that the death
caused be the proximate result of the outrage
overwhelming the accused after chancing
upon the spouse in the basest act of
infidelity. But the killing should have been
actually motivated by the same blind
impulse. (Ppl v. Abarca, 153 SCRA 735)

The discovery, the escape, the pursuit and
the killing must all form part of one
continuous act.
ART. 248. MURDER

It is the unlawful killing of any person which is not
parricide or infanticide, provided that any of the ff.
circumstances is present: (Code: TPICEC)

1. With treachery, taking advantage of
superior strength, with the aid of armed
men, or employing means to weaken the
defense, or of the means or persons to
insure or afford impunity
2. In consideration of a price, reward, or a
promise
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding a vessel,
derailment of or assault upon a street car
or locomotive, fall of an airship, by means
of motor vehicles, or with the use of any
vehicles or with the use of any means
involving great waste and ruin
4. On occasion of any of the calamities
enumerated in the preceding paragraph or
an earthquake, eruption of a volcano,
destructive cyclone, epidemic or any other
public calamity
5. With evident premeditation
6. With cruelty, by deliberately and
inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his
person or corpse

ART. 249 HOMICIDE

It is the unlawful killing of any person, which is
neither parricide, murder nor infanticide

Can the accused be charged with frustrated
homicide through imprudence?

No. The element of intent to kill in frustrated
homicide is incompatible with negligence or
imprudence. (People v. Castillo, et al., 76 Phil 72)

ART. 255. INFANTICIDE

It is the killing of any child (must be born alive and
fully developed, that is, it can sustain an
independent life) less than 3 days of age,
whether the killer is the parent or grandparent, or
any other relative of the child, or a stranger



Page 71 of 97
Is concealing dishonor an element of
infanticide?

No. It merely mitigates the liability of the
mother (must be of good reputation) or
maternal grandparents who committed the
crime.

ART. 256. INTENTIONAL ABORTION

What is abortion?

It is the willful killing of the fetus in the
uterus, or the violent expulsion of the fetus
from the maternal womb which results in the
death of the fetus.

Ways of committing abortion: (Code:
VAC)

1. By using violence upon the person of
the pregnant woman
2. By acting, but without using violence,
without the consent of the woman (by
administering drugs/beverages upon
a pregnant without her consent)
3. By acting, with the consent of the
pregnant woman (by administering
drugs/beverages)

What is the liability of the woman who
consented to the abortion caused on
her?

The woman is liable, not under art 256, but
under art 258 (Abortion practiced by the
woman herself or by her parents) if she
consented to the abortion caused on her. If
she did not consent to the abortion caused on
her, she is not liable.

ART. 257- UNINTENTIONAL
ABORTION

Elements: (Code: PVIF)

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 the fetus
dies, either in the womb or after having
been expelled therefrom.

Violence is used upon such pregnant woman
without intending an abortion

The violence is intentionally exerted

ART. 262. MUTILATION

It is the lopping or the clipping off of some part of
the body.

Kinds of Mutilation:

1. Intentionally mutilating another by
depriving him, either totally or partially of
some essential organ for reproduction

2. Intentionally making other
mutilations, that is, by lopping or
clipping off any part of the body of the
offended party, other than the essential
organ for reproduction, to deprive him of
that part of his body.

ART. 263. SERIOUS PHYSICAL INJURIES

How is the crime of serious physical
injuries committed? (Code: WBAA)

a. By wounding
b. By beating
c. By assaulting
d. By administering injurious substance (art
264)

What are Serious Physical Injuries?

1. When the injured person becomes insane,
impotent, imbecile, blind in consequence of
the physical injuries inflicted.
2. When the injured person:
a. Loses the use of speech, or the
power to hear or to smell, or loses



Page 72 of 97
an eye, a hand, a foot, an arm,
or a leg, or
b. Loses the use of any of such
member, or
c. Becomes incapacitated for the
work in which he was
habitually engaged in
consequence of the physical
injuries
3. When the person injured
a. Becomes deformed, or
b. Loses any other member of
his body, or
c. Loses the use thereof, or
d. Becomes ill or incapacitated
for the performance of the
work in which he was
habitually engaged for more
than 90 days, in consequence
of the physical injuries
inflicted
4. When the injured person becomes ill
or incapacitated for labor for more
than 30 days but not more than 90 as
a result of the physical injuries
inflicted.

Differences between Physical Injuries
and Attempted or Frustrated homicide

1. In both crimes, the offender inflicts
physical injuries. Attempted
homicide may be committed, even if
no physical injuries are inflicted.
2. The offender has NO intent to kill in
the crime of physical injuries.

It is a serious physical injury when the
offended party becomes deformed.
Deformity is characterized by physical
ugliness, permanent and definite
abnormality. It must also be conspicuous and
visible.

(Code: PPC)

1. Physical ugliness
2. Permanent and definite abnormality
3. Conspicuous and visible

ART. 265. LESS SERIOUS PHYSICAL
INJURIES

Elements:

1. The offended party is incapacitated for 10
days or more but not more than 30, or
needs attendance for the same period
2. The physical injuries must not be those
described in the preceding articles

ART. 266. SLIGHT PHYSICAL INJURIES

Kinds of Slight Physical Injuries:

1. Physical injuries which incapacitated the
offended party from one to nine days, or
required medical attendance during the
same period
2. Physical injuries which did not prevent the
offended party from engaging in his
habitual work or which did not require
medical attendance
3. Ill-treatment of another by deed without
causing any injury

When there is no evidence of actual injury,
it is only slight physical injury.

ART. 266-A. THE NEW ANTI-RAPE LAW
(RA 8353)

How is rape committed? (Code: FDMU)

1. By a man who have carnal knowledge of a
woman under any of the ff. circumstances
a. Through force, threat or intimidation
b. When the offended party is deprived of
reason or otherwise unconscious
c. By means of fraudulent machinations or
grave abuse of authority
d. When the offended party is under 12
years of age or is demented, even though
non of the circumstances mentioned
above be present
2. By any person who, under any of the
circumstances mentioned in par. 2 hereof,
shall commit an act of sexual assault by



Page 73 of 97
inserting his penis into another
persons mouth, or anal orifice or any
instrument or object, in to the genital
or anal orifice of another person

When is Rape punished by Death?

1. When by reason or on occasion of the
rape, a homicide is committed.

2. When the victim is under 18 yeas of
age and the offender is a parent,
ascendant, stepparent, guardian,
relative by consanguinity or affinity
within the third civil degree, or the
common law spouse of the parent of
the victim

3. When the victim is under the custody
of the police or military authorities or
any law enforcement or penal
institutions

4. When the rape is committed in full
view of the spouse, parent, or any of
the children or other relatives within
the third civil degree of consanguinity

5. When the victim is a religious
engaged in legitimate religious
vocation or calling and is personally
known to be such be the offender
before at the time of the commission
of the crime

6. When the victim is a child below 7
years old

7. when the offender knows that he is
afflicted with HIV/AIDS or any other
sexually transmissible disease and the
virus or disease is transmitted to the
victim

8. when committed by any member of
the AFP or paramilitary units thereof
or the PNP or any law enforcement
agency or penal institution, when the
offender took advantage of his
position to facilitate the commission
of the crime

9. when by reason or on the occasion of
the rape, the victim has suffered
permanent physical mutilation or disability

10. when the offender knew of the pregnancy
of the offended party at the time of the
commission of the crime

11. when the offender knew of the mental
disability, emotional disorder and/or
physical disability of the offended party at
the time of the commission of the crime

What is the EFFECT OF PARDON?

the subsequent valid marriage between the
offender and the offended party shall
extinguish the criminal action or the penalty
imposed

In case it is the legal husband who is the
offender, the subsequent forgiveness by the
wife as the offended party shall extinguish the
criminal action or the penalty: Provided, That
the crime shall not be extinguished or the
penalty shall not be abated if the marriage is
void ab initio

ART. 267. KIDNAPPING AND SERIOUS
ILLEGAL DETENTION

Elements: (Code: PKIC)

1. that the offender is a private individual
if the offender is a public officer, the crime
is arbitrary detention.
2. that he kidnaps or detains another, or in
any manner deprives the latter of his
liberty
3. that the act of detention or kidnapping
must be illegal
4. that in the commission of the offense, any
of the ff. circumstances is present:
a. that the kidnapping or 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



Page 74 of 97
d. that the person kidnapped or
detained is a minor, female or
a public officer

What is Ransom?

It is money, price, or consideration paid
or demanded for redemption of a
captured person or persons, a payment
that releases from captivity.

ART. 268- SLIGHT ILLEGAL
DETENTION

Elements: (Code: PKIA)

1. that the offender is a private
individual
2. that he kidnaps or detains another, or
in any manner deprives him of his
liberty
3. that the act of kidnapping or
detention is illegal
4. that the crime is committed without
the attendance of any the
circumstances enumerated in 267

ART. 280 QUALIFIED TRESPASS TO
DWELLING

Elements: (Code: PDE)

1. the offender is a private person
2. that he enters the dwelling of another
3. that such entrance is against the
latters will

If the offender is a public officer, the
entrance into the dwelling against the
will of the occupant is violation of
domicile (Art. 128, RPC).

Qualified if committed by means of
violence/intimidation (which may take
place immediately after the entrance)

Cases to which the provisions of this article
are not applicable

a. if the entrance to anothers dwelling is
made for the purpose of preventing some
serious harm to himself, the occupants of
the dwelling or a third person.
b. If the purpose is to render some service to
humanity or justice.
c. If the place where entrance is made is a
caf, tavern, inns, and other public houses,
while the same are open. (art 280 last par)

ART. 282 GRAVE THREATS

Acts punishable as grave threats

1. threatening another with the infliction
upon his person, honor or property or that
of his family any wrong amounting to a
crime and demanding money or imposing
any other condition, even though not
unlawful, and the offender attaining his
purpose
2. by making such threat without the offender
attaining his purpose.
3. threatening another with the infliction
upon his person, honor, or property or that
of his family any wrong amounting to a
crime, the threat not being subject to a
condition

ART. 283 LIGHT THREATS

Elements: (Code: TWDA)

1. that the offender makes 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



Page 75 of 97
Acts punished as other light threats

1. threatening another with a weapon or
by drawing such weapon in a quarrel,
unless it be in lawful self-defense.
2. orally threatening another, in the
heat of anger, with some harm (not)
constituting a crime, without
persisting in the idea involved in his
threat
3. orally threatening to do another any
harm not constituting a felony

Can other light threats be committed
where the person to whom it is
directed is absent?

Yes, where the threats are directed to a
person who is absent and uttered in a
temporary fit of anger , the offense is only
light threats (People v. Fontanilla Feb 3,
1934)

ART. 285 OTHER LIGHT THREATS

Acts prohibited under this crime

1. threatening with a weapon or by inducing
such weapon in a quarrel unless it be in
lawful self-defense
2. orally threatening another, in the heat of
anger, with some harm (not) constituting
a crime, without persisting in the idea
involved in his threat
3. orally threatening to do another any
harm not constituting a felony

ART. 286 - GRAVE COERCION

Elements: (Code: PVA)

1. that a person prevented another from
doing something not prohibited by
law, or that he compelled him to do
something against his will, be it right
or wrong
2. that the prevention or compulsion be
effected by violence, threats or
intimidation
3. That the person that restrained the will and
liberty of 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.

ART. 287 LIGHT COERCION

Elements: (Code:CSMP)

1. That the offender must be a creditor
2. That he seizes anything belonging to his
debtor
3. That the seizure of the thing be
accomplished by means of violence or a
display of material force producing
intimidation
4. That the purpose of the offender is to apply
the same to the payment of the debt.

What is unjust vexation?

It includes any human conduct which, although
not productive of some physical or material harm
would, however, unjustly annoy or vex an innocent
person.

TITLE 10 CRIMES AGAINST PROPERTY

ART. 293. ROBBERY

Robbery is the taking of personal property
belonging to another, with intent to gain, by means
of violence against, or intimidation of any person,
or using force upon anything. (Art.293, RPC)

Classifications of robbery:

1. Robbery with violence against, or violence
of persons (Art.294, 297,298, RPC)

2. Robbery by use of force upon things
(Art.299, 302, RPC)

General elements of robbery: (Code: PUIA)

1. That there be personal property belonging
to another



Page 76 of 97
2. That there is unlawful taking of that
property
3. That the taking must be with intent to
gain
4. That there is violence against or
intimidation of any person

Intent to gain or animus lucrandi is an
internal act and is the usual motive to be
presumed from all furtive taking of useful
property pertaining to another, unless
special circumstances reveal a different
intent on the part of the perpetrator (Ppl.
v. del Rosario, G.R. No. 131036,20 June
2001)

Distinguish Robbery with violence
against or intimidation of persons
from Robbery with force upon things.

Violence Against
or Intimidation of
Person
Use of Force
Upon things
When such violence
is used, the taking of
personal property is
always robbery
The taking is robbery
only if force is used
either to enter the
building or to break
doors, wardrobes,
chests, or any other
kind of locked or
sealed furniture or
receptacle inside the
building or to force
them open outside
after taking same
from the building
The value of the
property is
immaterial in
determining the
penalty to be
imposed. Penalty
depends on:
a. result of
violence used
b. existence of
intimidation
only
Penalty depends on:
a. value of the
property
taken
b. whether or not
the offenders
carry arms

ART. 294 ROBBERY WITH VIOLENCEOF
INTIMIDATION OF PERSONS

Acts punishable in the crime of robbery
with violence and intimidation

1. When by reason or on the occasion of the
robbery, the crime of homicide is
committed

2. When the robbery is accompanied by rape
or intentional mutilation or arson

3. When by reason or on the occasion of
robbery, any of the physical injuries
resulting to insanity, imbecility, impotence
or blindness is inflicted

4. When by reason or on the occasion of
robbery, any of the physical injuries
resulting in the loss of the use of speech or
the power to hear or smell, or the loss of an
eye, a hand, a foot, an arm, or a leg or the
loss of the use of any of such member or
incapacity for the wok in which the injured
person is theretofore habitually engaged is
inflicted

5. If the violence or intimidation employed in
the commission of the robbery is carried to
a degree clearly unnecessary for the
commission of the crime

6. When in the course of its execution, the
offender shall have inflicted upon any
person not responsible for the commission
of the robbery any of the physical injuries
in consequence of which the person injured
becomes deformed or loses any other
member of his body or loses the use thereof
or becomes ill or incapacitated for the work
in which he is habitually engaged for more
than 90 days or the person injured
becomes ill or incapacitated for labor for
more than 30 days

7. If the violence employed by the offender
does not cause any of the physical injuries
defined in Art. 263, or if the offender
employs intimidation only.



Page 77 of 97
Elements of Robbery with Homicide:
(Code: PAAO)

1. The taking of personal property with
the use of violence or intimidation
against a person
2. Property belonging to another
3. The taking is characterized by animus
lucrandi
4. On the occasion of the robbery, or by
reason thereof, the crime of homicide,
which is used in the generic sense,
has been committed

What is essential in the crime of robbery
with homicide is that there must be a
direct relation between robbery and the
killing, whether he latter be prior or
subsequent to the former or whether
both crime be committed at the same
time. The robbery must be the original
design and homicide must have been
perpetrated with a view to consummate
the robbery (Ppl v. Torres, GR. 130661,
27 June 2001;Ppl v. Maxion; Ppl v.
Consejero)

A, B & C robbed the house of X&Y and
thereafter killed the latter including
their house help, Z. Should the
multiplicity of the killings substantiate
it as an aggravating circumstance?

No. In People vs. Gano, it was held that
there is no law providing additional rape/s
or homicide/s should be considered as
aggravating circumstances under Art. 14 of
the RPC. The term homicide is used in its
generic sense. Hence, the crime committed
by A, B & C is robbery with homicide only.

Elements of Robbery with Rape:
(Code: PAAR)

1. The taking of personal property with
the use of violence or intimidation
against a person
2. Property belonging to another
3. The taking is characterized by animus
lucrandi
4. The robbery is accompanied by rape
In the crime of Robbery with Rape, the
offender must have the intent to take personal
property belonging to another, and that such
intent must precede the rape.

If Robbery with Homicide is accompanied
by Rape, how should the latter be treated?

The crime committed is Robbery with Homicide
and the Rape committed by the offenders will be
treated as an aggravating circumstance, which
would result in the imposition of the maximum
penalty of death. (Ppl vs. Fabon)

ART. 296 - DEFINITION OF A BAND AND
PENALTY INCURRED BY THEMEMBERS
THEREOF

Define Robbery by a Band and provide for
the penalty incurred by the members

1. When at least four armed malefactors take
part in the commission of a robbery, it is
deemed committed by a band
2. When any of the arms used in the
commission of robbery is not licensed, the
penalty upon all malefactors shall be the
maximum of the corresponding penalty
provided by law, without prejudice to the
criminal liability for illegal possession of
firearms
3. Any member of a band who was present at
the commission of a robbery by the band,
shall be punished as principal of any of the
assaults committed by the band, unless it
be shown that he attempted to prevent the
same

How is the crime Highway
Robbery/Brigandage (PD 532) committed?

It is committed when there is a seizure of any
person for ransom, extortion, or other unlawful
purposes, or the taking away of the property by
means of violence against or intimidation of
persons or force upon things or other unlawful
means, on any Philippine Highway.



Page 78 of 97
Distinguish Highway Robbery from
Robbery Committed on a Highway

HIGHWAY
ROBBERY (PD No.
532)

ROBBERY
COMMITTED ON
A HIGHWAY
The robbery is
committed
indiscriminately
against the persons
who commute in such
highways, regardless
of the potentiality they
offer
The robbery is
committed only
against
predetermined
victims
The offender is a
brigand or one who
roams in public
highways and carries
out his robbery in
public highways as
venue, whenever he
opportunity to do so
arises
It is ordinary
Robbery under the
RPC when the
commission thereof
in a public highway
is not a brigand
There is frequency in
the commission of the
robbery in public
highways and against
persons traveling
thereat
Ordinary Robbery in
public highways is
only occasional
against a
predetermined
victim, without
frequency in public
highways

ART. 308. WHO ARE LIABLE FOR
THEFT

Any person who, with intent to gain but
without violence or intimidation of neither
persons nor force upon things shall take the
personal property of another without the
latters consent commits theft.

Elements: (Code: PAICV)

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

Who are liable for theft?

1. Those who, with intent to gain, but without
violence against or intimidation of persons
nor force upon things, take personal
property of another without the latters
consent
2. Those who, having found lost property, fail
to deliver the same to the local authorities
or to its owner
3. Those who, after having maliciously
damaged the property of another, remove
or make use of the fruits of the damage
caused by them
4. Those who at the enter an enclosed estate
or field where trespass is forbidden or
which belongs to another and, without
consent of its owner, hunt or fish upon the
same, or gather fruits, cereals or other farm
products

What is Fencing (Anti-Fencing Law P.D.
No. 1612)?

It is the act of any person who, with intent to gain
for himself of for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of,
or shall buy and sell, or in any other manner deal
in any article, item object or anything of value
which he knows, or should be known to him, to
have been derived from the proceeds of the crime
of robbery or theft. (Sec. 2 (a), PD No. 1612)

Distinguish a Fence from an Accessory to
theft or robbery

FENCE ACCESSORY TO
THEFT OR
ROBBERY
A fence is punished
as a principal under
P.D. No. 1612 and
the penalty is
higher
An Accessory under
the RPC is punished
2 degrees lower than
the principal, unless
he bought or profited
from the proceeds of
theft or robbery
arising from robbery
in Philippine
Highways under P.D.



Page 79 of 97
No. 532 where he is
punished as an
accomplice, hence
the penalty is one
degree lower.
Fencing is malum
prohibitum and
therefore there is no
need to prove
criminal intent of
the accused

ART. 310. QUALIFIED THEFT

1. If the theft is committed by a
domestic servant
2. If the theft is committed with grave
abuse of confidence
3. If the property stolen is a motor
vehicle, mail matter or large cattle
4. If the property stolen consists of
coconuts taken from the premises of a
plantation
5. If the property stolen is fish taken
from a fishpond or fishery
6. If the property taken on the occasion
of fire, earthquake, typhoon, volcanic
eruption, or any other calamity,
vehicular accident or civil disturbance

ART. 315. SWINDLING/ESTAFA

General elements of swindling/estafa:
(Code: DUMFD)

1. That the accused defrauded another
by abuse of confidence or by means of
deceit, which can be committed in
three ways:
a. With unfaithfulness or abuse
of confidence
b. By means of false pretenses or
fraudulent acts
c. Through fraudulent means
2. That damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third person
Elements of estafa with unfaithfulness or
abuse of confidence: (Code: OAA)

1. That the offender has an onerous
obligation to deliver something of value
2. That he alters its substance, quantity or
quality
3. That damage or prejudice is cause to
another

Elements of estafa by means of false
pretenses or fraudulent acts: (Code:
MMMD)

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 denial on his part of such
receipt
3. That such misappropriation or conversion
or denial is to the prejudice of another
4. That there is demand made by the
offended party to the offender

The essence of estafa under this kind is
the appropriation or the conversion of
money or property received to the
prejudice of the owner. To misappropriate
for ones own use includes not only
conversion to ones personal advantage,
but also attempt to dispose of the property
of another without right. (Serona vs. CA,
18 November 2002)

Elements of estafa through fraudulent
means: (Code: SDWL)

1. That the paper with the signature of the
offended party be in blank
2. That the offended party should have been
delivered it to the offender
3. That above signature of the offended party
a document is written by the offender
without authority to do so



Page 80 of 97
4. That the document so written creates
a liability of or causes damage to the
offended party or any third person

Elements of estafa by means of deceit:
(Code: FPR)

1. That there must be false pretense,
fraudulent act of fraudulent means
2. That such false pretense, fraudulent
act or fraudulent means must be
made or executed prior to or
simultaneously with the commission
of 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 is
money or property because of the
false pretense, fraudulent act,
fraudulent means that as a result
thereof, the offended party suffered
damage

Elements of violation of BP Blg. 22 or
the Bouncing Checks Law:

1. the making, drawing and issuance of
any check to apply for account or for
value
2. the knowledge of the maker, drawer
or issuer that at the time of the issue
he does not a sufficient funds with the
drawee bank for the payment of the
check in full upon its presentment
3. The subsequent dishonor of the check
by the drawee bank for insufficiency
of funds or credit or dishonor for the
same reason had not the drawer,
without any valid cause, ordered the
bank to stop payment.

Is the intention of the accused
material in determining the guilt or
innocence of the latter for violating BP
Blg. 22?

NO. The gravamen of the offense under BP 2
is the act of making or issuing
worthless check or a check that is
dishonored upon presentment for
payment. What the law punishes is the issuance
of a bouncing check and not the purpose for which
the check was used, nor the terms and conditions
of its issuance. (Meriz v. Ppl, 13 Nov. 2001;Caras
v. CA, 02 October 2001)

ART. 316 - OTHER FORMS OF SWINDLING

Persons liable for other forms of swindling:

1. Any person who, pretending to be the owner of
any real property, shall convey, sell, encumber
or mortgage the same

2. Any person who, knowing that real property is
encumbered, shall dispose of the same,
although such encumbrance be not recorded

3. That the owner of any personal property who
shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or any
third person

4. Any person who, to the prejudice of another,
shall execute any fictitious contract

5. Any person who shall accept any compensation
given under the belief that it was in payment of
services, rendered or labor performed by him,
when in fact he did not actually perform such
services or labor

6. Any person who, while being a surety in a bond
given in a criminal or civil action, without
express authority form the court or before the
cancellation of his bond or before being
relieved from the obligation contracted by him,
shall sell, mortgage, or in any other manner,
encumber the real property or properties
which he guaranteed the fulfillment of such
obligation

PD 1613 AMENDING THE LAW ON
ARSON

Arson is defined as the malicious destruction of
property by fire.

As amended by PD1613, it is defined as any person
who burns or sets fire to the property of another;
any person who sets fire to his own property under
the circumstances which expose to danger the life
or property of another.



Page 81 of 97
Different kinds of arson:

1. Arson as defined in Sec. 1, PD 1613
2. Destructive Arson as defined in Art
320, as amended by RA 7659
3. Other cases of arson as defined in
Sec.3, PD 1613

What are the special aggravating
circumstances in arson?

1. If committed with intent to gain
2. If committed for the benefit of
another
3. If the offender is motivated by spite
or hatred towards the owner or the
occupant of the property burned
4. If committed by a syndicate

ART. 327 MALICIOUS MISCHIEF

Malicious mischief is the willful damaging
of anothers property for the sake of causing
damage due to hate, revenge or other evil
motive.

Elements of malicious mischief:
(Code: DND)

1. That the offender deliberately caused
damage to the property of another
2. That such act does not constitute
arson or other crimes involving
destruction
3. That the act of damaging anothers
property be committed merely for the
sake of damaging it

ART. 328 SPECIAL CASES OF
MALICIOUS MISCHIEF (Qualified)

Other cases of malicious mischief:

1. Causing damage to obstruct the
performance of public functions
2. Using any poisonous or corrosive
substance
3. Spreading any infection or contagion among
cattle
4. Causing damage to the property of the
National Museum or National Library, or
to any archive or registry, waterworks,
road, promenade or any other thing used in
common by the public

ART. 332 PERSONS EXEMPT FROM
CRIMINAL LIABILITY

Crimes Involved:

1. Theft
2. Swindling
3. Malicious mischief

Persons Exempted:

1. Spouses, ascendants and descendants, or
relatives by affinity on the same line;
2. The widowed spouse with respect to the
property which belong to the deceased
spouse before the same passed the same
into the possession of another;
3. Brothers and sisters and brothers in law
and sisters in law, if living together.
4. Stepfather, adopted father, natural
children, concubine, paramour included;
5. Also applies to common-law spouses.

ART. 333 ADULTERY

Committed by any married woman who shall
have sexual intercourse with a man not her
husband and by the man, who has carnal
knowledge of her, knowing her to be married, even
if the marriage be subsequently declared void.

What is the essence of adultery?

The essence of adultery is the violation of the
marital vow.

Who are the offenders in the crime of
adultery?

A married woman who shall have sexual
intercourse with another man.



Page 82 of 97
A man may be single or married. A man
must have a knowledge that the woman
whom he had sexual intercourse is
married.

What is the effect of death of an
offended party?

The proceeding must continue. The theory
that a mans honor ceases to exist from the
moment that he dies is not acceptable.

What is the effect of death of the
paramour?

It will not bar prosecution against the
unfaithful wife, because the requirement that
both offenders should be included in the
complaint is absolute only when the two
offenders are alive.

When is there implied pardon?

The act of having intercourse with the
offending spouse subsequent to adulterous
conduct is, at best, an implied pardon of said
adulterous conduct (People vs. Muquerza, et
al, 13 C.A. Rep. 1079).

ART. 334 CONCUBINAGE

Any husband who shall keep a mistress in the
conjugal dwelling, or, shall have sexual
intercourse, under scandalous
circumstances, with a woman who is not his
wife, or, shall cohabit with her in any other
place.

Who are the offenders in the crime of
concubinage?

The offender must be a married man. The
woman becomes liable only when she knew
him to be married prior to the commission of
the crime.

Who is a mistress?

A woman who is taken by the accused into
the conjugal dwelling as a concubine.

What is a conjugal dwelling?

It is the home of the husband and wife even if the
wife happens to be temporarily absent on any
account.

Sexual intercourse under scandalous
circumstances.

The scandal produced by the concubinage of a
married man occurs not only when 1). He and his
mistress live in the same room of a house, but also
when 2). They appear together in public and 3).
Performs acts in sight of the community which
give rise to criticism and general protest among
the neighbors

ART.336 ACTS OF LACIVIOUSNESS

Elements: (Code: LFDA)

1. That the offender commits any act of
lasciviousness or lewdness.
2. That is done under any of the following
circumstances;
a. By using force or intimidation.
b. When the offended party is deprived of
reason or otherwise unconscious; or
c. When the offended party is another
person of either sex.

Ways of committing Acts of Lasciviousness:

Compelling a girl to dance naked before
men is an act of lasciviousness, even if the
dominant motive is revenge, for her failure
to pay a debt.
Embracing, kissing and holding girls
breast is act of lasciviousness when
prompted by lust or lewd designs.

Distinguish Acts of lasciviousness from
unjust vexation?

When the accused merely kissed and embraced the
complainant out of passion or other motive,
touching the girls breast as a mere incident of the
embrace, it is unjust vexation. But when the
accused not only kissed and embraced the
complainant, but fondled her breast with the
particular design to independently derive vicarious



Page 83 of 97
pleasure there from, the element of lewd
designs exist (People vs. Panopio, C.A., 48
O.G. 145)

ART. 337 - QUALIFIED SEDUCTION

Elements: (Code: V12SA)

1. That the offended party is a virgin,
which is presumed if she is
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.

Two classes of qualified seduction.

1. Seduction of a virgin over 12 years
and under 18 years of age by certain
person, such as, a person in authority,
priest, teacher, etc.

2. Seduction of a sister by her brother or
descendants by her ascendants,
regardless of her age and reputation.

What makes the crime of qualified
seduction?

The act would not be punished were it not for
the character of the person committing the
same, on account of the excess of power or
abuse of confidence of which the offender
availed himself. (US vs. Arlante, 9 Phil. 595)

Who could be the offenders in
qualified seduction?

a). Those who abused their authority:
Person in public authority,
Guardian, Teacher< person who in
any capacity. Is entrusted with the
education or custody of the woman
seduced.

b). Those who abused confidence reposed in
them:
Priest, House servant, Domestic.

c). Those who abused their relationship:
Brother who seduced his sister,
Ascendant who seduced his descendant.

ART. 338 - SIMPLE SEDUCTION

Elements: (Code: 18GSD)

1. That the offended party is over and under
18 years of age;
2. That she must be of good reputation,
single, or widow;
3. That the offender has sexual intercourse
with her;
4. That it is committed by means of deceit.

Purpose of the law in punishing simple
seduction?

The purpose of the statute is not to punish illicit
intercourse, but to punish the seducer who by
means of a promise of marriage destroys the
chastity of an unmarried female of previous chaste
character, and who thus draws her aside from the
path of virtue.

Does promise of marriage after sexual
intercourse does constitute deceit?

A promise of marriage made after the sexual
intercourse had taken place, or after the woman
had yielded her body to the mans illicit embraces,
cannot be held to have induced the woman to
surrender her virtue.

ART. 342 FORCIBLE ABDUCTION

Elements: (Code: WAL)

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 design.

What is abduction?



Page 84 of 97
It is the taking away of any woman from her
house or the place where she may be for the
purpose of carrying her to another place with
intent to marry or to corrupt her.

Distinguished forcible abduction from
corruption of minors.

Where a 13-years-old-girl was abducted by
the accused without lewd designs on his part,
but the purpose of lending her to illicit
intercourse with others, the crime committed
by the accused was held to be not abduction
but corruption of minors. (US. v. Tagle, 1
Phil. 626)

Distinguish forcible abduction from
rape.

If there was abduction but the resistance pf
the woman to the alleged rape was not
tenacious, the accused would be guilty only
of abduction (People v. Lopez). Rape may
absorb forcible abduction if the main
objective was to rape the victim, (People v.
Toledo)

ART. 343 CONSENTED ABDUCTION
Elements: (Code: VOCL)
1. That the offended party must be a
virgin.
2. That she must be over 12 and under
18 years of age.
3. That the taking away of the offended
party must be with her consent, after
solicitation or cajolery from the
offender.
4. That the taking away of the offended
party must be with lewd designs.

Does the offended party need be taken
from her house?

The abductor need not actually and
personally have taken the abducted female
from her parents home, or induced her to
abandon it. It is sufficient that he was
instrumental in her escape.

What is the purpose of the law in
punishing the crime of consented
abduction?

It prescribes punishment for the disgrace to
the girls family and the alarm caused therein
by the disappearance of the one who is, by her age
and sex, susceptible to cajolery and deceit.

ART. 345 PROSECUTION OF THE
CRIMES OF ADULTERY, CONCUBINAGE,
SEDUCTION, ABDUCTION, RAPE AND
ACTS OF LASCIVIOUSNESS

Adultery and concubinage must be prosecuted
upon the complaint signed by the offended spouse.

Seduction, abduction and acts of lasciviousness
must be prosecuted upon the complaint signed by:

Offended party
Her parents
Grandparents
Guardians

ART. 349 BIGAMY

Is a crime by which a person contracted a second
marriage before the former marriage has been
legally dissolved or before the absent spouse has
been declared presumptively dead by means of a
judgment rendered in proper proceedings. THE
FIRST MARRIAGE MUST BE VALID.

Elements: (Code: LNCS)

a). That the offender has been legally married.
b). 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.
c). That he contracts a second or subsequent
marriage.
d). That the second or subsequent marriage
has all the essential requisites for validity.

Is the validity of second marriage a
prejudicial question to liability for
bigamy?

In order that petitioner may be held guilty of the
crime of bigamy, the marriage which he contracted
for the second time, must first be declared valid.
But its validity had been questioned in the civil
action. This civil action must be decided before
the prosecution for bigamy can proceed.



Page 85 of 97
A person convicted of bigamy may still be
prosecuted for concubinage.

ART. 353 LIBEL

It is a public and malicious imputation of a
crime, or vice or defect, real or imaginary, or
any act, omission, condition, status, or
circumstance tending to cause the dishonor,
discredit, or contempt of a natural person or
juridical person, or to blacken the memory of
one who is dead.

DEFAMATION is the proper term for libel as
used in Art. 353

Why defamation is punished:

The enjoyment of a private reputation is as
much a constitutional right as the possession
of life, liberty or property. The law recognizes
the value of such reputation and imposes
upon him who attacks it, by slanderous
words or libelous publication, the
publication, the liability to make full
compensation for the damages done.
(Worcester vs. Ocampo, 22 Phil. 42)

Elements: (Code: IPMDD)

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 circumstance;
2. That the imputation must be made
publicly;
3. That it must be malicious;
4. That the imputation must be directed
at a natural person or a juridical
person, or one who is dead;
5. That the imputation must tend to
cause the dishonor, discredit or
contempt of the person defamed.

What is the test of defamatory
character of the words used?

A charge is sufficient if the words are
calculated to induce the hearers to suppose
and understand that the person against
whom they were uttered was guilty of certain
offenses, or are sufficient to impeach his
honesty, virtue or reputation, or to hold him up to
public ridicule. (US v. OConnell, 37 Phil. 767)

Define publication.
Publication is the communication of the
defamatory matter to some third person or
persons. (People v. Atencio, Dec. 14, 1954) There is
no crime if the defamatory imputation is not
published.

ART. 358. SLANDER (oral defamation)

Two kinds of slander:

1. simple slander
2. grave slander, when it is of a serious and
insulting crime

Factors that determine the gravity of oral
defamation:

1. upon the expressions used
2. on the personal relations of the accused
and the offended party
3. circumstances surrounding the case

NOTES ON SELECTED SPECIAL PENAL
LAWS

Prepared By:
Atty. Modesto A. Ticman, Jr.

R.A. No. 4103
INDETERMINATE SENTENCE LAW

Applying the ISLaw, how is the penalty for
an offense imposed?

In imposing a prison sentence for an offense
punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused
to an indeterminate sentence the maximum term
of which shall be that which, in view of the
attending circumstances, could be properly
imposed under the rules of the said Code, and the
maximum which shall be within the range of the
penalty next lower to that prescribed by the Code
for the offense; and if the offense is punished by



Page 86 of 97
any other law, the court shall sentence the
accused to an indeterminate sentence, the
maximum term of which shall not exceed the
maximum fixed by said law and the
minimum shall not be less than the
minimum term prescribed by the same. (Sec.
1, R.A. No. 4103)

People vs. Angeles
G.R. No. 132376, 11 April 2002, 380 SCRA
519

The penalty next lower should be based
on the penalty prescribed by the Code for the
offense, without first considering any
modifying circumstance attendant to the
commission of the crime. The determination
of the minimum penalty is left by law to the
sound discretion of the court and it can be
anywhere within the range of the penalty
next lower without any reference to the
periods into which it might be
subdivided. The modifying circumstances are
considered only in the imposition of the
maximum term of the indeterminate
sentence.

The ISLaw is not applicable to the
following:

1. to persons convicted of offenses punished
with death penalty or life imprisonment;
2. to those convicted of treason, conspiracy
or proposal to commit treason; to those
convicted of misprision of treason,
rebellion, sedition or espionage;
3. to those convicted of piracy; to those who
are habitual delinquents;
4. to those who shall have escaped from
confinement or evaded sentence;
5. to those who having been granted
conditional pardon by the Chief
Executive shall have violated the terms
thereof; and
6. to those who maximum term of
imprisonment does not exceed one
year. (Sec. 2, R.A. No. 4103)
People vs. Asuela
G.R. Nos. 140393-94, 04 February 2002

Section 2 of the IS Law is not applicable to
persons convicted of offenses punishable by
reclusion perpetua.

P.D. No. 968 (PROBATION LAW)

1. Accused may apply for probation within the
period for perfecting an appeal.
2. No application for probation shall be
entertained or granted if the defendant has
perfected an appeal from the judgment of
conviction.
3. An application for probation shall be filed with
the trial court. The filing of the application
shall be deemed a waiver of the right to appeal.
4. Probation may be granted whether the
sentence imposes a term of imprisonment or a
fine only.
5. An order granting or denying probation shall
not be appealable. (Sec. 4, P.D. 968)

Vicoy vs. People
G.R. No. 138203, 03 July 2002, 383 SCRA 707

Section 7, Rule 120, of the Rules on Criminal
Procedure is explicit that a judgment in a criminal
case becomes final when the accused has applied
for probation. This is totally in accord with Section
4 of Presidential Decree No. 968 (Probation Law
of 1976, as amended), which in part provides that
the filing of an application for probation is deemed
a waiver of the right to appeal. Thus, there was no
more opportunity for petitioner to exercise her
right to appeal, the judgment having become final
by the filing of an application for probation.

Lagrosa vs. People
G.R. No. 152044, 03 July 2003, 405 SCRA 357

By perfecting their appeal, petitioners ipso facto
relinquished the alternative remedy of availing of
the Probation Law, the purpose of which is simply



Page 87 of 97
to prevent speculation or opportunism on the
part of an accused who, although already
eligible, does not at once apply for probation,
but did so only after failing in his appeal.

Although it has been suggested that an
appeal should not bar the accused from
applying for probation if the appeal is solely
to reduce the penalty to within the
probationable limit may be equitable, we are
not yet prepared to accept this proposition,
specially given the factual circumstances of
this case. Had the petitioners appeal from
the decision of the trial court raised the
impropriety of the penalty imposed upon
them as the sole issue, perhaps this Court
would have been more sympathetic to their
plight. Unfortunately, their
misrepresentation has led to their own
undoing.

Disqualified offenders:

1. those sentenced to serve a maximum
term of imprisonment of more than six
years;
2. those convicted of subversion or any
crime against the national security or the
public order;
3. those who have previously been
convicted by final judgment of an offense
punished by imprisonment of not less
than one month and one day and/or fine
of not less than two hundred pesos; and,
4. those who have been once on probation
under the provisions of this Decree. (Sec.
9, P.D. 968)

Pablo vs. Castillo
G.R. No. 125108, 03 August 2000, 337 SCRA
176

Section 9 paragraph (c) is in clear and
plain language, to the effect that a person
who was previously convicted by final
judgment of an offense punishable by
imprisonment of not less than one month and one
day and/or a fine of not less than two hundred
pesos, is disqualified from applying for probation.
This provision of law is definitive and unqualified.
There is nothing in Section 9, paragraph (c) which
qualifies "previous conviction" as referring to a
conviction for a crime which is entirely different
from that for which the offender is applying for
probation or a crime which arose out of a single act
or transaction as petitioner would have the court
to understand.

P.D. No. 1829
DECREE PENALIZING OBSTRUCTION OF
APPREHENSION AND INVESTIGATION OF
CRIMINAL OFFENDERS

Prohibited acts:

Any person who, knowingly or willfully,
obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation
and prosecution of criminal cases by committing
any of the following:

1. Preventing witnesses from testifying in any
criminal proceedings or from reporting the
commission of any offense or the identity of
any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force
or threats;
2. Altering, destroying, suppressing or concealing
any paper, record, document, or object with
intent to impair its verity, authenticity,
legibility, availability, or admissibility as
evidence in any investigation of or official
proceedings in criminal cases, or to be used in
the investigation of, or official proceedings in,
criminal cases;
3. Harboring or concealing, or facilitating the
escape of, any person he knows, or has
reasonable ground to believe or suspect, has
committed any offense under existing penal
laws in order to prevent his arrest, prosecution
and conviction;
4. Publicly using a fictitious name for the purpose
of concealing a crime, evading prosecution or



Page 88 of 97
the execution of a judgment, or
concealing his true name and other
personal circumstances for the same
purpose or purposes;
5. Delaying the prosecution of criminal
cases by obstructing the service of
process or court orders or disturbing
proceedings in the fiscals offices, in
Tanodbayan, or in the courts;
6. Making, presenting or using any record,
document, paper or object with
knowledge of its falsity and with intent to
affect the course or outcome of the
investigation of, or official proceedings in
criminal cases;
7. Soliciting, accepting, or agreeing to
accept any benefit in consideration of
abstaining from, discontinuing, or
impending the prosecution of a criminal
offender;
8. Threatening directly or indirectly another
with the infliction of any wrong upon his
person, honor or property or that of any
immediate member or members of his
family in order to prevent such person
from appearing in the investigation of, or
official proceedings in, criminal cases, or
imposing a condition, whether lawful or
unlawful, in order to prevent a person
from appearing in the investigation of, or
in official proceedings in criminal cases;
9. Giving of false or fabricated information
to mislead or prevent the law
enforcement agencies from apprehending
the offender or from protecting the life or
property of the victim; or fabricating
information from the data gathered in
confidence by investigating authorities
for purpose of background information
and not for publication and publishing or
disseminating the same to mislead the
investigator or the court.

If any of the acts mentioned herein is
penalized by other law with a high
penalty, the higher penalty shall be
imposed. (Sec. 1, P.D. 1829)

Enrile vs. Amin
G.R. No. 93335, 13 September 1990

Violation of P.D. No. 1829 cannot be
prosecuted separately from rebellion if the act is
committed with political or social motives, that is
in furtherance of rebellion. It should be deemed to
form part of the crime of rebellion.

R.A. 7659
DEATH PENALTY LAW

Article 62 of the Revised Penal Code has been
amended by R.A. No. 7659 as follows:

Art. 62. Effects of the attendance of mitigating
or aggravating circumstances and of habitual
delinquency. Mitigating or aggravating
circumstances and habitual delinquency shall be
taken into account for the purpose of diminishing
or increasing the penalty in conformity with the
following rules:

1. Aggravating circumstances which in
themselves constitute a crime specially
punishable by law or which are included by
the law in defining a crime and prescribing
the penalty therefor shall not be taken into
account for the purpose of increasing the
penalty.

1 (a). When in the commission of the crime,
advantage was taken by the offender of his public
position, the penalty to be imposed shall be in its
maximum regardless of mitigating circumstances.

The maximum penalty shall be imposed if the
offense was committed by any person who belongs
to an organized/syndicated crime group.

An organized/syndicated crime group means a
group of two or more persons collaborating,
confederating or mutually helping one another for
purposes of gain in the commission of any crime.



Page 89 of 97
R.A. No. 7080
ANTI-PLUNDER LAW

Definition of Plunder.

Any public officer who, by himself or in
connivance with members of his family,
relatives by affinity or consanguinity,
business associates, subordinates or other
persons, amasses, accumulates or acquires
ill-gotten wealth through a combination or
series of overt or criminal acts, to wit:

1. through misappropriation, conversion,
misuse or malversation of public funds or
raids on the public treasury;
2. by receiving, directly or indirectly, any
commission, gift, percentage, kickbacks,
or any other form of pecuniary benefit
from any person and/or entity in
connection with any government contract
or project or by reason of the office or
position of the public officer concerned;
3. by the illegal or fraudulent conveyance or
disposition of assets belonging to the
National Government or any of its
subdivisions, agencies or
instrumentalities or government-owned
or controlled corporations and their
subsidies;
4. by obtaining, receiving or accepting
directly or indirectly any shares of stock,
equity or any other form of interest or
participation including the promise of
future employment in any business
enterprise or undertaking;
5. by establishing agricultural, industrial or
commercial monopolies or other
combinations and/or implementation of
decrees and orders intended to benefit
particular persons or special interest; or
6. by taking undue advantage of official
position, authority, relationship,
connection or influence to unjustly enrich
himself or themselves at the expense and
to the damage and prejudice of the
Filipino people and the Republic of the
Philippines.

in the aggregate amount or total value of at least
Fifty million pesos (P50,000,000.00) shall be
guilty of the crime of plunder.

In the imposition of penalties, the degree of
participation and the attendance of mitigating and
extenuating circumstances, as provided by the
Revised Penal Code, shall be considered by the
court.

The court shall declare any and all ill-gotten
wealth and their interests and other incomes and
assets including the properties and shares of
stocks derived from the deposit or investment
thereof forfeited in favor of the State. (Sec. 2, R.A.
No. 7080, as amended by R.A. 7659)

Suspension and Loss of Benefits

Any public officer against whom any criminal
prosecution under a valid information under this
Act in whatever stage of execution and mode of
participation, is pending in court, shall be
suspended from office. Should he be convicted by
final judgment, he shall lose all retirement or
gratuity benefits under any law, but if he is
acquitted, he shall be entitled to reinstatement and
to the salaries and other benefits which he failed to
receive during suspension, unless in the
meantime, administrative proceedings have been
filed against him. (Sec. 5, R.A. No. 7080)

Period of Prescription

The crime punishable under this Act shall
prescribe in twenty (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. (Sec. 6, R.A. No.
7080)



Page 90 of 97
Estrada vs. Sandiganbayan
G.R. No. 148560, 19 November 2001

The legislative declaration in R.A. No.
7659 that plunder is a heinous offense
implies that it is a malum in se. For when the
acts punished are inherently immoral or
inherently wrong, they are mala in se and it
does not matter that such acts are punished
in a special law, especially since in the case of
plunder the predicate crimes are mainly
mala in se.

P.D. No. 1612
ANTI-FENCING LAW

Fencing defined.

It is the act of any person who, with intent
to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell
or dispose of, or shall buy and sell, or in any
other manner deal in any article, item, object
or anything of value which he knows, or
should be known to him, to have been
derived from the proceeds of the crime of
robbery or theft. (Sec. 2 [a], P.D. No. 1612)

Presumption of Fencing

Mere possession of any goods, article,
item, object, or anything of value which has
been the subject of robbery or thievery shall
be prima facie evidence of fencing. (Sec. 5,
P.D. No. 1612)

Francisco vs. People
G.R No. 146584, 12 July 2004, 434 SCRA 122

The essential elements of the crime of
fencing are as follows: (1) a crime of robbery
or theft has been committed; (2) the accused,
who is not a principal or accomplice in the
commission of the crime of robbery or theft,
buys, receives, possesses, keeps, acquires,
conceals, sells or disposes, or buys and sells,
or in any manner deals in any article, item,
object or anything of value, which has been
derived from the proceeds of the crime of robbery
or theft; (3) the accused knew or should have
shown that the said article, item, object or
anything of value has been derived from the
proceeds of the crime of robbery or theft; and, (4)
there is, on the part of the accused, intent to gain
for himself or for another. Fencing is malum
prohibitum, and P.D. No. 1612 creates a prima
facie presumption of fencing from evidence of
possession by the accused of any good, article,
item, object or anything of value which has been
the subject of robbery or theft, and prescribes a
higher penalty based on the value of the property.
The stolen property subject of the charge is not
indispensable to prove fencing. It is merely
corroborative of the testimonies and other
evidence adduced by the prosecution to prove the
crime of fencing.
x x x
For the accused prosecuted for fencing to be
convicted thereof, it is necessary that the
decision in the criminal case for robbery or
theft, wherein the person from whom the former
acquired the stolen item is charged, must have
attained finality.

Tan vs. People
G.R No. 134298, 26 August 1999, 313 SCRA 220

The accessory in the crimes of robbery and
theft could be prosecuted as such under the
Revised Penal Code or under P.D. No. 1612.
However, in the latter case, the accused ceases to
be a mere accessory but becomes a principal in the
crime of fencing. Otherwise stated, the crimes of
robbery and theft, on the one hand, and fencing,
on the other, are separate and distinct offenses.
The State may thus choose to prosecute him either
under the Revised Penal Code or P.D. No. 1612,
although the preference for the latter would seem
inevitable considering that fencing is malum
prohibitum, and P.D. No. 1612 creates a
presumption of fencing and prescribes a higher
penalty based on the value of the property.
x x x
Complainant Rosita Lim testified that she lost
certain items and Manuelito Mendez confessed



Page 91 of 97
that he stole those items and sold them to the
accused. However, Rosita Lim never
reported the theft or even loss to the police.
She admitted that after Manuelito Mendez,
her former employee, confessed to the
unlawful taking of the items, she forgave
him, and did not prosecute him. Theft is a
public crime. It can be prosecuted de oficio,
or even without a private complainant, but it
cannot be without a victim. As complainant
Rosita Lim reported no loss, we cannot hold
for certain that there was committed a crime
of theft. Thus, the first element of the crime
of fencing is absent, that is, crime of robbery
or theft has been committed.
xxx
The theft was not proved because
complainant Rosita Lim did not complain to
the public authorities of the felonious taking
of her property. She sought out her former
employee Manuelito Mendez, who confessed
that he stole certain articles from the
warehouse of the complainant and sold them
to petitioner. Such confession is insufficient
to convict, without evidence of corpus delicti.

B.P. Blg. 22
BOUNCING CHECKS LAW

Sia vs. People
G.R. No. 149695, 28 April 2004, 428 SCRA
206

What the law punishes is the issuance of a
worthless check and not the purpose for
which such check was issued nor the terms or
conditions relating to its issuance.

The thrust
of the law is to prohibit, under pain of penal
sanctions, the making of worthless checks
and putting them in circulation.

The crime is
one against public order and is malum
prohibitum. The law is intended to safeguard
the interests of the banking system and the
legitimate checking account user.

It is not
intended nor designed to coerce a debtor to
pay his debt,

nor to favor or encourage those
who seek to enrich themselves through
manipulation and circumvention of the purpose of
the law.

Bayani vs. People
G.R. No. 154947, 11 August 2004

The law enumerates the elements of violation
of B.P. 22, namely (1) the making, drawing and
issuance of any check to apply for account or for
value; (2) the knowledge of the maker, drawer, or
issuer that at the time of issue he does not have
sufficient funds in or credit with the drawee bank
for the payment of the check in full upon its
presentment; and (3) the subsequent dishonor of
the check by the drawee bank for insufficiency of
funds or credit or dishonor for the same reason
had not the drawer, without any valid cause,
ordered the bank to stop payment.

Danao vs. Court of Appeals
G.R. No. 122353, 06 June 2001, 358 SCRA 450

The presumption that the issuer had knowledge
of the insufficiency of funds is brought into
existence only after it is proved that the
issuer had received a notice of dishonor and
that, within five days from receipt thereof,
he failed to pay the amount of the check or
to make arrangement for its payment.
Where the presumption of knowledge of
insufficiency of funds does not arise due to the
absence of notice of dishonor of the check, the
accused should not be held liable for the offense
defined under the first paragraph of Section 1 of
B.P. 22.

Rico vs. People
G.R. No. 137191, 18 November 2002

A mere oral notice or demand to pay would
appear to be insufficient for conviction under the
law. In our view, both the spirit and the letter of
the Bouncing Checks Law require for the act to be
punished thereunder not only that the accused
issued a check that is dishonored, but also that the
accused has actually been notified in writing of
the fact of dishonor.



Page 92 of 97
Danao vs. Court of Appeals
G.R. No. 122353, 06 June 2001, 358 SCRA
450

Not only must there be a written notice of
dishonor or demand letters actually received
by the drawer of a dishonored check, but
there must also be proof of receipt thereof
that is properly authenticated, and not mere
registered receipt and/or return receipt.

Sia vs. People
G.R. No. 149695, 28 April 2004, 428 SCRA
206

If the maker or drawer pays, or makes
arrangements with the drawee bank for the
payment of the amount due within the five-
day period from notice of the dishonor given
to the drawer, it is a complete defense; the
accused may no longer be indicted for
violation of Section 1, B.P. Blg. 22. If he is so
indicted, he may set up the payment of the
amount due as a complete defense.

Yulo vs. People
G.R. No. 142762, 04 March 2005

The purpose for which the check was
issued and the terms and conditions relating
to its issuance are immaterial. What is
primordial is that the issued checks were
worthless and the fact of worthlessness was
known to the petitioner at the time of their
issuance, as in this case. This is because
under Batas Pambansa Blg. 22, the mere act
of issuing a worthless check is malum
prohibitum.

Rigor vs. People
G.R. No. 144887, 17 November 2004

Knowledge by the payee of insufficiency
of funds is immaterial as deceit is not an
essential element of the offense under Batas
Pambansa Bilang 22. The gravamen of the
offense is the issuance of a bad check; hence,
malice and intent in the issuance thereof are
inconsequential.

Recuerdo vs. People
G.R. No. 133036, 22 January 2003

It is not required much less indispensable, for
the prosecution to present the drawee banks
representative as a witness to testify on the
dishonor of the checks because of insufficiency of
funds. The prosecution may present only
complainant as a witness to prove all the
elements of the offense charged. She is
competent and qualified witness to testify that she
deposited the checks to her account in a bank; that
she subsequently received from the bank the
checks returned unpaid with a notation drawn
against insufficient funds stamped or written on
the dorsal side of the checks themselves, or in a
notice attached to the dishonored checks duly
given to the complainant, and that petitioner failed
to pay complainant the value of the checks or
make arrangements for their payment in full
within five (5) banking days after receiving notice
that such checks had not been paid by the drawee
bank.

R.A. No. 8294
ILLEGAL POSSESSION OF FIREARMS
LAW

1. Any person who shall unlawfully manufacture,
deal in, acquire, dispose, or possess any
firearm or any part thereof, ammunition, or
machinery, tool or instrument used or
intended to be used in the manufacture of any
firearm or ammunition; Provided, That no
other crime was committed.
2. If homicide or murder is committed with the
use of an unlicensed firearm, such use an
unlicensed firearm shall be considered as an
aggravating circumstance.
3. If possession of unlicensed firearm or
ammunition is in furtherance of or incident to,
or in connection with the crime of rebellion or
insurrection, sedition, or attempted coup



Page 93 of 97
detat, such violation shall be absorbed as
an element of the crime of rebellion, or
insurrection, sedition, or attempted coup
detat.
4. Any person who shall carry any licensed
firearm outside his residence without
legal authority therefore may also be held
liable under R.A. No. 8294.

People vs. Tadeo
G.R. No. 127660, 17 September 2002

Where an accused used an unlicensed
firearm in committing homicide or murder,
he may no longer be charged with what used
to be the two (2) separate offenses of
homicide or murder under The Revised
Penal Code and qualified illegal possession of
firearms used in homicide or murder under
PD 1866; in other words, where murder or
homicide was committed, the penalty for
illegal possession of firearms is no longer
imposable since it becomes merely a special
aggravating circumstance.

People vs. Ladjaalam
G.R. Nos. 136149-51, 19 September 2000

If an unlicensed firearm is used in the
commission of any crime, there can be no
separate offense of simple illegal possession
of firearms. Hence, if the other crime is
murder or homicide, illegal possession of
firearms becomes merely an aggravating
circumstance, not a separate offense.

R.A. No. 9165
COMPREHENSIVE DANGEROUS
DRUGS ACT

1. Any person charged under any provision
of R.A. No. 9165, regardless of the
imposable penalty shall not be allowed to
avail of the provision on plea-
bargaining. (Sec. 23, R.A. No. 9165)
2. Any person convicted for drug trafficking or
pushing under R.A. No. 9165, regardless of the
penalty imposed by the Court, cannot avail of
the privilege granted by the Probation Law.
(Sec. 24, R.A. No. 9165)
3. Notwithstanding the provisions of any law to
the contrary, a positive finding for the use of
dangerous drugs shall be qualifying
aggravating circumstance in the commission of
a crime by an offender, and the application of
the penalty provided for in the Revised Penal
Code shall be applicable. (Sec. 25, R.A. No.
9165)
4. Any person who is found guilty of planting
any dangerous drug and/or controlled
precursor and essential chemical, regardless of
quantity and purity, shall suffer the penalty of
death.

R.A. No. 9160
ANTI-MONEY LAUNDERING ACT

Money laundering is a crime whereby the
proceeds of an unlawful activity are transacted,
thereby making them appear to have originated
from legitimate sources. It is committed by the
following:

a. Any person knowing that any monetary
instrument or property represent, involves,
or relates to, the proceeds of any unlawful
activity, transacts or attempts to transact
said monetary instrument or property.
b. Any person knowing that any monetary
instrument or property involves the
proceeds of any unlawful activity, performs
or fails to perform any act as a result of
which he facilitates the offense of money
laundering referred to in paragraph (a)
above.
c. Any person knowing that any monetary
instrument or property is required under
this Act to be disclosed and filed with the
Anti-Money Laundering Council (AMLC),
fails to do so.



Page 94 of 97
Prosecution of Money Laundering

a. any person may be charged with and
convicted of both the offense of
money laundering and the unlawful
activity.

b. any proceeding relating to the
unlawful activity shall be given
precedence over the prosecution of
any offense or violation under R.A.
No. 9160 without prejudice to the
freezing and other remedies
provided.

AMLCs Authority to Freeze Bank
Account

Upon determination that probable cause
exists that any deposit or similar account is
in any way related to an unlawful activity, the
AMLC may issue a freeze order, which shall
be effective immediately, on the account for a
period not exceeding fifteen (15) days. Notice
to the depositor that his account has been
frozen shall be issued simultaneously with
the issuance of the freeze order. The
depositor shall have seventy-two (72) hours
upon receipt of the notice to explain why the
freeze order should be lifted. The AMLC has
seventy-two (72) hours to dispose of the
depositor's explanation. If it falls to act
within seventy-two (72) hours from receipt of
the depositor's explanation, the freeze order
shall automatically be dissolved. The fifteen
(15)-day freeze order of the AMLC may be
extended upon order of the court, provided
that the fifteen (15)-day period shall be tolled
pending the court's decision to extend the
period.
No court shall issue a temporary
restraining order or writ of injunction
against any freeze order issued by the AMLC
except the Court of Appeals or the Supreme
Court. (Sec. 10, R.A. 9160)

Authority to inquire into Bank Deposits

Notwithstanding the provisions of Republic Act
No. 1405, as amended; Republic Act No. 6426, as
amended; Republic Act No. 8791, and other laws,
the AMLC may inquire into or examine any
particular deposit or investment with any banking
institution or non-bank financial institution upon
order of any competent court in cases of violation
of this Act when it has been established that there
is probable cause that the deposits or investments
involved are in any way related to a money
laundering offense: Provided, That this provision
shall not apply to deposits and investments made
prior to the effectivity of R.A. 9160. (Sec. 11, R.A.
9160)

Prohibitions Against Political Harassment.

R.A. No. 9165 shall not be used for political
persecution or harassment or as an instrument to
hamper competition in trade and commerce. No
case for money laundering may be filed against
and no assets shall be frozen, attached or forfeited
to the prejudice of a candidate for an electoral
office during an election period.

R.A. No. 3019 as amended by RA 3047, BP
195
ANTI-GRAFT AND CORRUPT PRACTICES
ACT

CORRUPT PRACTICES OF PUBLIC
OFFICIALS (Sec. 3):

(a) 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.
In the absence of any allegation or proof,
accused may not be convicted
(b) Directly or indirectly requesting or receiving
any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with



Page 95 of 97
any contract or transaction between the
Government and any other part, wherein the
public officer in his official capacity has to
intervene under the law.
Preliminary investigation by a fiscal is
not a contract or transaction
(c) Directly or indirectly requesting or
receiving any gift, present or other pecuniary
or material benefit, for himself or for
another, from any person for whom the
public officer, in any manner or capacity, has
secured or obtained, or will secure or obtain,
any Government permit or license, in
consideration for the help given or to be
given, without prejudice to Section thirteen
of this Act.
(d) 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.
(e) 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
functions through manifest partiality,
evident bad faith or gross inexcusable
negligence. This provision shall apply to
officers and employees of offices or
government corporations charged
with the grant of licenses or permits or
other concessions.
Last sentence is intended to make
clear the inclusion of officers and
employees of offices or government
corporations, which under the
ordinary concept of public officers
may not come within the term.
( f ) Neglecting or refusing, after due demand
or request, without sufficient justification, to
act within a reasonable time on any matter
pending before him for the purpose of
obtaining, directly or indirectly, from any
person interested in the matter some pecuniary or
material benefit or advantage, or for the purpose
of favoring his own interest or giving undue
advantage in favor of or discriminating against any
other interested party.
(g) Entering, on behalf of the Government, into
any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
(h) Director or indirectly having financing or
pecuniary interest in any business, contract or
transaction in connection with which he intervenes
or takes part in his official capacity, or in which he
is prohibited by the Constitution or by any law
from having any interest.
o Actual intervention required
(i) Directly or indirectly becoming interested, for
personal gain, or having a material interest in any
transaction or act requiring the approval of a
board, panel or group of which he is a member,
and which exercises discretion in such approval,
even if he votes against the same or does not
participate in the action of the board, committee,
panel or group.
Interest for personal gain shall be presumed
against those public officers responsible for the
approval of manifestly unlawful, inequitable, or
irregular transaction or acts by the board, panel or
group to which they belong.
( j) Knowingly approving or granting any license,
permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not
so qualified or entitled.
(k) 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
Taking advantage of family or close
personal relation with public official is
punished



Page 96 of 97
Section 5 prohibits certain relatives
of the President, Vice-President,
Senate President and Speaker to
intervene in any business, etc. with
the Government.

Exceptions:

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
Government along the same line of
business, nor to any transaction,
contract or application already
existing or pending at the time of
such assumption of public office
any application filed by him the
approval of which is not discretionary
on the part of the official or officials
concerned but depends upon
compliance with requisites provided
by law, or rules or regulations issued
pursuant to law
any act lawfully performed in an
official capacity or in the exercise of a
profession.
The accuracy of entries in statements
of assets and liabilities becomes
material in criminal or administrative
proceedings for violation of Section
7, RA 3019
As regards a private person, only the
penalty of imprisonment for not less
than six years and one month or
fifteen years may be imposed
Public officer to be suspended
pending any criminal prosecution
under this Act; Sandiganbayan
should exercise the mandatory act of
suspension; Suspension cannot be
automatic; The maximum duration of
preventive suspension is ninety days
Dismissal of the case against the suspended
officer does not amount to acquittal

People vs. Sandiganbayan and Alas
G.R. Nos. 147706-07, 16 February 2005

For purposes of the provisions of R.A. No.
3019, the Sandiganbayan has jurisdiction over
presidents, directors or trustees, or managers of
government-owned or controlled corporations
organized with original charter and those
incorporated under the Corporation Code

Flores vs. Layosa
G.R. No. 154714, 12 August 2004

Once a court determines that the information
charging a public officer with an offense under
R.A. No. 3019 or Title 7, Book II of the Revised
Penal Code, or any other offense involving fraud
upon government or public funds or property is
valid, it is bound to issue an order of preventive
suspension of the accused public officer as a
matter of course.
The order of suspension pendente lite, while
mandatory in nature, is by no means automatic or
self-operative. Before such suspension is imposed,
a determination as to the validity of the
information must first be made in a pre-
suspension hearing.

Go vs. Office of the Ombudsman
G.R. No. 139399, 17 October 2003

The elements of violation of Section 3[e] of R.A.
3019 are:

(1) The accused is a public officer or a private
person charged in conspiracy with the former;
(2) The said public officer commits the prohibited
acts during the performance of his or her official
duties or in relation to his or her public positions;
(3) That he or she causes undue injury to any
party, whether the government or a private party;



Page 97 of 97
(4) Such undue injury is caused by giving
unwarranted benefits, advantage or
preference to such parties; and
(5) That the public officer has acted with
manifest partiality, evident bad faith or gross
inexcusable negligence.

Morales vs. People
G.R. No. 144047, 26 July 2002, 385 SCRA
259

The elements of the crime of violating
Section 3(g) of RA No. 3019, as amended, are
as follows: (1) the offender is a public officer,
(2) who enters into a contract or transaction
on behalf of the government, and (3) the
contract or transaction is grossly and
manifestly disadvantageous to the
government. Manifest means obvious to the
understanding, evident to the mind x x x and
is synonymous with open, clear, visible,
unmistakable, indubitable, evident and self-
evident. Gross means flagrant, shameful,
such conduct as is not to be excused.

oOo

FEU - Criminal Law Memory Aid

Încărcat de

Informații document

Descriere originală:

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

FEU - Criminal Law Memory Aid

Încărcat de

Drepturi de autor:

Formate disponibile

M

S-ar putea să vă placă și