CRIME ELEMENTS OFFENDER / ACTS PUNISHED SITUATION PENALTIES COUNTERPART IMPT THINGS

VICTIM (PLACE/TIME) FELONY

Chapter Three - FRAUDS and ILLEGAL Exactions and Transactions

FRAUDS and Par 1.(Fraud Public Public Officer entered into an PC med to When committed When culprit is an
ILLEGAL Treas) agreement or made with deceit, officer or
Exactions and use of any other PM min or ESTAFA. employee of BIR,
Transactions 1. (offender) scheme w/regard to: Customs, the
Fine: 200 to 10,000 provisions of the
ART 213 2. take advantage of (1) furnishing supplies Admin Code shall
position Or BOTH
be applied
(2) making contracts
3. (acts punished)
(3) adjustment or
4. intent to defraud settlement of accts Mere demand for
the Government relating to public larger or different
property or funds amount is
sufficient to
consummate
crime
(1) sums different from
or larger than required
Par 2. (Illegal (2) no receipt
Exactions) Pub officer entrusted with
collection of taxes,
(3) accepting as
1. (offender) licenses, fees and other
payment other things
imposts
or objects
2. (acts punished)

Prohibited Appointive Public Officer he becomes Transaction takes PC min or

Transactions interested, directly or place within the
(Justices, Judges, Fiscals, indirectly, in any territory subject to Fine: 200 to 1,000
ART 215 Employees engaged in transaction of his jurisdiction
collection) exchange or during his Or BOTH
speculation incumbency.

Prohibited Public officer with official Directly or indirectly AMay med to

Interest duty to intervene becomes interested in
any contract or PC min or
ART 216 business
Fine: 200 to 1,000
Experts, arbitrators and
private accountants who Or BOTH
took part in any
transaction connected
with the estate or
property in the appraisal,
distribution of which they
had acted

Guardians and executors

with respect to the
property belonging to
their wards or the estate
CRIME Title OFFENDER / ACTS PUNISHED SITUATION PENALTIES COUNTERPART IMPT THINGS

VICTIM (PLACE/TIME) FELONY

Chapter Four – Malversation of Public Funds or Property

MALVERSATION ART 21 7 Public officer entrusted with 1. APPROPRIATING At the time PC med – max Received money There can be
public funds/prop property or fund malversation
aka Malversation of 2. TAKING and was to be amt <200 without authority through
Public Funds or - Nature of the duties of pub accounted, he abandonment or
Embezzlement Property off, not the name of office is MISAPPROPRIATING failed to do so. PM min – med and negligence.
controlling
3. CONSENTING, thru Even if officer did 6000>amt >200 misappropriated, Good faith is a
- If only qualified charge, abandonment or not gain from it as defense.
without authority to part negligence, permitted PM max – RT min ESTAFA
long as the fund Replacement of
with physical possession other person to take it was spent not for money does not
12000>amt>600
(caretaker status), not liable its purpose extinguish, only
0
for malversation REBUTTABLE BY mitigate
satisfactory RT med – max
Private individual in evidence of loss or Demand not
conspiracy with public robbery 22000>amt>120 necessary
official also liable 00
committed by a
person other than RT max – RP
the accused
ART 222 Officers included Amt>22000

1. Private indiv. who have Perpetual Special

charge in any capacity disqualification
whatever funds, revenue, or
property Fine: Amt of funds
embezzled
2. Admin/depository of funds
ART 218 Failure attached, seized or Fails to render accounts PC min
to render accounts deposited even if private for a period of two
property months Fine: 200-6000
- Misappropriation

is not necessary

ART 219 Failure Unlawfully leaving the A May

to render accounts country w/o securing a
before leaving the certificate showing that Fine: 200-1000
country his accounts have been
 settled

ART 220 Illegal Applying for another

use of public public use other than
funds/prop that for which such fund
or property has been
appropriated

ART 221 Failure 1. Failing to make

to make delivery payment
of public
funds/prop 2. Refusing to make
delivery
CRIME Title OFFENDER / ACTS PUNISHED SITUATION PENALTIES COUNTERPAR IMPT THINGS
T
VICTIM (PLACE/TIME)
FELONY

Chapter Five – Infidelity of Public Officers

INFIDELITY IN ART 223 Pub officer who has Conniving with the Prisoner escaped PC med – max
custody or charge of prisoner in the escape from custody
THE CUSTODY Conniving with or prisoner, either detention Temp Special Disqual
consenting to evasion prisoner or prisoner by max to
OF PRISONERS final judgment
Perp Special Disqual if
fugitive shall have
been sentenced by
final judgment

PC min

Temp Special Disqual

Fugitive not yet

convicted but in
detention

ART 224 If prisoner escaped A May max to PC min Leniency or laxity

through negligence of
Evasion through officer Temp Special Disqual is not infidelity

Negligence

ART 225 Private person in custody Conniving with the Art 225 not
of a prisoner or a person prisoner in the escape
Escape of Prisoner under arrest. applicable
under the custody of If prisoner escaped when
person not a puboff through negligence
same person
- consents who

- thru negligence made the

citizen’s
LIABILITY OF
FUGITIVE: FJ – evasion arrest set him
of service (Art 157) free
 Detention – no liability

INFIDELITY in ART 226 Public Officer Abstracts, Destroys or Documents/Papers Serious Damage: Damage should
the custody of Conceals documents or should have been have been
DOCUMENTS Removal, papers entrusted to such PM + 1000 caused.
concealment or public officer by
destruction of reason of his office Not Serious:
documents
PC min + 1000

Temp Special Disqual

max to

Perp Special Disqual

ART 227 Public Officer Breaks the seals or PC min – med Damage not
permits them to be necessary
Officer Breaking Charged with the custody broken Temp Special Disqual
Seal of papers or property
sealed by proper authority FINE: max 2000

ART 228 Public Officer Opens or permits to be AMay Damage not

opened without proper necessary
Opening of closed Charged with the custody authority to open Temp Special Disqual
Documents of closed papers, objects
FINE: max 2000

REVELATION of Art 229 Public Officer who knows a Reveals secret without Serious Damage: Damage be
SECRETS secret because of his authority or justifiable caused to public
Revelation of official capacity. reasons PC med-max interest
Secrets
Public Officer Perp Special Disqual

Delivering wrongfully 2000

papers or copies which
he may have charge Otherwise:
and which should not be
PC min + 500
published
Temp Special Disqual

Art 230 Reveals secret without A May Damage not

authority or justifiable necessary
revealing secrets of reasons Fine 1000
Private Individual

CRIME Title OFFENDER / SITUATION ACTS PUNISHED PENALTIES Qualifying

 VICTIM (PLACE/TIME)

Chapter Five – Other Offenses or Irregularities by Public Officers

Disobedience, Art 231 Judicial or Executive There is a judgment, Without any legal justification, openly AMay med to PC min
refusal of Officer decision or order of a refuses to execute the said judgment
assistance, and Open disobedience superior authority made Temp Special Disqual max
maltreatment of within the scope of the
prisoners jurisdiction and issued 1000
with all legal formalities

Art 232 Public Officer There is an order issued He has for any reason suspended the prision correccional in its
by his superior for execution of such order after superior minimum and medium
Disobedience to order of execution disapproves the suspension of the periods and perpetual
superior officer, when execution special disqualification
said order was
suspended by inferior He disobeys his superior
officer

Art 233 Public Officer upon demand from competent authority, arresto mayor in its medium if such failure shall result in
shall fail to lend his cooperation towards period to prision serious damage to the
Refusal of assistance the administration of justice or other correccional in its minimum public interest, or to a third
public service period, perpetual special party
disqualification and a fine
not exceeding 1,000 pesos arresto mayor in its
medium and maximum
periods and a fine not
exceeding 500 pesos

Art 234 Any Person having been elected by shall refuse without legal motive to be arresto mayor or a fine not
popular election to a sworn in or to discharge the duties of exceeding 1,000 pesos, or
Refusal to discharge public office said office both,
elective office.

Art 235 any public officer or overdo himself in the correction or
employee handling of a prisoner or detention
Maltreatment of prisoner under his charge, by the
prisoners imposition of punishment not authorized
by the regulations, or by inflicting such
punishment in a cruel and humiliating
manner
arresto mayor in its medium
period to prision
correccional in its minimum
period, in addition to his
liability for the physical
injuries or damage caused
If the purpose of the
maltreatment is to extort a
confession, or to obtain
some information from the
prisoner
offender shall be punished
by prision correccional in its
minimum period, temporary
special disqualification and
a fine not exceeding 500
pesos, in addition to his
liability for the physical
injuries or damage caused
Anticipation, Art 236 Any Person person who shall assume the performance of the duties and powers suspended from such office
prolongation, and of any public officer or employment without first being sworn in or or employment until he
abandonment of Anticipation of duties of having given the bond required by law shall have complied with
the duties and a public office the respective formalities
powers of public and shall be fined from 200
office to 500 pesos

Art 237 Public Officer continue to exercise the duties and powers of his office, employment prision correccional in its
or commission, beyond the period provided by law, regulation or minimum period, special
Prolonging performance special provisions applicable to the case temporary disqualification
of duties and powers in its minimum period and a
fine not exceeding 500
pesos

Art 238 Public Officer before the acceptance of his resignation, shall abandon his office to arresto mayor
the detriment of the public service
Abandonment of office
or position

CRIME Title OFFENDER / SITUATION ACTS PUNISHED PENALTIES

VICTIM (PLACE/TIME)

Usurpation of Art 239 Public Officer encroach upon the powers of the legislative branch of the prision correccional in its
powers and Government: minimum period, temporary
unlawful Usurpation of legislative special disqualification and
appointments powers 1. by making general rules or regulations beyond the scope of his a fine not exceeding 1,000
authority, or pesos

2. attempting to repeal a law or suspending the execution thereof

Art 240 judge 1. assume any power pertaining to the executive authorities, or arresto mayor in its medium
period to prision
Abuses Against Usurpation of executive 2. shall obstruct the latter in the lawful exercise of their powers correccional in its minimum
Chastity functions period
Art 241 any officer of the 1. assume judicial powers or arresto mayor in its medium
executive branch of the period to prision
Usurpation of judicial Government 2. obstruct the execution of any order or decision rendered by any correccional in its minimum
functions judge within its jurisdiction period

Art 242 Public Officer before the question of continue any proceeding after having arresto mayor and a fine
jurisdiction is decided been lawfully required to refrain from so not exceeding 500 pesos
Disobeying request for doing
disqualification

Art 243 executive officer address any order or suggestion to any arresto mayor and a fine
judicial authority with respect to any not exceeding 500 pesos
Orders or requests by case or business coming within the
executive officers to any exclusive jurisdiction of the courts of
judicial authority justice

Art 244 Public Officer shall knowingly nominate or appoint to any public office Any Person arresto mayor and a fine
lacking the legal qualifications therefor not exceeding 1,000 pesos
Unlawful appointments

Art 245 public officer 1. solicit or make immoral or prision correccional in its
indecent advances to a woman medium and maximum
Abuses against chastity; interested in matters pending periods and temporary
Penalties before such officer for decision, special disqualification
or with respect to which he is
required to submit a report to or
warden or other public directly charged with the care consult with a superior officer;
officer and custody of prisoners or
persons under arrest 2. solicit or make immoral or
indecent advances to a woman
under his custody
Title Eight CRIMES AGAINST PERSONS
CRIME Title OFFENDER / VICTIM SITUATION ACTS PUNISHED PENALTIES Important
(PLACE/TIME)

Chapter One – Destruction of Life

Section 1 Art. 246. Any Person kill his father, mother, or child, whether legitimate or illegitimate, or any of Reclusion Perpetua to
his ascendants, or descendants, or his spouse death
Parricide, Parricide.
murder,
homicide Art. 247. legally married person having surprised his spouse in shall kill any of them or both of them in the destierro If he shall inflict upon
the act of committing sexual act or immediately thereafter, them physical injuries of
Death or physical injuries intercourse with another any other kind, he shall
inflicted under exceptional person shall inflict upon them any serious physical be exempt from
circumstances parents with daughters injury punishment.
under eighteen years

while the daughters are living

with their parents

Art. 248. Any Person not falling within the kill another reclusion temporal in
provisions of Article 246 its maximum period to
Murder 1. With treachery, taking advantage of death
superior strength, with the aid of armed
men, or employing means to weaken the
defense or of means or persons to insure
or afford impunity.
2. In consideration of a price, reward, or
promise.
3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
street car or locomotive, fall of an
airship, by means of motor vehicles, or
with the use of any other means
involving great waste and ruin.
4. On occasion of any of the calamities
enumerated in the preceding paragraph,
or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or
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. kill another without the attendance of any reclusion temporal
of the circumstances enumerated in the
Homicide next preceding article

Art. 250. The courts, in view of the facts of the case may impose upon the person guilty of the frustrated crime of parricide, murder or
homicide, defined and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed
Penalty for frustrated under the provision of Article 50.
parricide, murder or
homicide

The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under Article 51 should be
imposed for an attempt to commit any of such crimes.

Art. 251.
Death caused in a
tumultuous affray
several persons not composing groups
organized for the common
purpose of assaulting and
attacking each other
reciprocally, quarrel and
assault each other in a
confused and tumultuous
manner
in the course of the affray someone is prision mayor
killed, and it cannot be ascertained who
actually killed the deceased, but the
person or persons who inflicted serious
physical injuries can be identified
prision correccional in
its medium and
If it cannot be determined who inflicted the maximum periods
serious physical injuries on the deceased

Art. 252.
Physical injuries inflicted in
a tumultuous affray
all those who appear to When in a tumultuous affray serious physical injuries are inflicted upon penalty next lower in
have used violence upon as referred to in the the participants thereof and the person degree than that
the person of the preceding article responsible thereof cannot be identified provided for the
offended party physical injuries so
inflicted

physical injuries inflicted are of a less

serious nature and the person responsible
thereof cannot be identified arresto mayor from five
to fifteen days

Title OFFENDER / VICTIM SITUATION ACTS PUNISHED PENALTIES Important

(PLACE/TIME)

Art. 253. Any Person assist another to commit suicide penalty of prision
mayor
Giving assistance to suicide

if such person leads his assistance to

another to the extent of doing the killing reclusion temporal
himself

arresto mayor in its

if the suicide is not consummated medium and maximum
periods

Art. 254. Any Person unless the facts of the case shoot at another with any firearm prision correccional in
are such that the act can be its minimum and
held to constitute frustrated
 Discharge of firearms or attempted parricide, medium periods
murder, homicide or any
other crime for which a higher
penalty

Section Two. — Art. 255. Any Person kill any child less than three days of age reclusion temporal in
Infanticide and its maximum period to
abortion Infanticide death

mother of the child for the purpose of concealing

her dishonour
penalty of prision
correccional in its
medium and maximum
for the purpose of concealing periods
maternal grandparents her dishonour
or either of them

prision mayor

Art. 256. Any Person if he shall use any violence shall intentionally cause an abortion reclusion temporal
upon the person of the
Intentional abortion pregnant woman

he shall act without the

consent of the woman
prision mayor

if the woman shall have

consented

prision correccional in
its medium and
maximum periods

Art. 257. Any Person cause an abortion by violence, but prision correccional in
unintentionally its minimum and
Unintentional abortion medium period

Art. 258. Woman practice abortion upon herself or shall prision correccional in
consent that any other person should do so its medium and
Abortion practiced by the maximum periods
woman herself of by her
parents to conceal her dishonour

parents of the pregnant with the consent of said

woman or either of them woman for the purpose of
 concealing her dishonor

Art. 259. physician or midwife taking advantage of their cause an abortion or assist in causing the penalties provided in
scientific knowledge or skill same Article 256 shall be
Abortion practiced by a imposed in its
physician or midwife and maximum period
dispensing of abortives
without the proper arresto mayor and a
pharmacist prescription from a physician fine not exceeding
dispense any abortive 1,000 pesos

Section Three. Art. 260. Any Person kill his adversary in a duel reclusion temporal The seconds shall in all
— Duel events be punished as
Responsibility of physical injuries only penalty provided accomplices
participants in a duel therefor, according to
their nature

In any other case although no physical arresto mayor

injuries have been inflicted

Art. 261. Any Person 1. challenge another, or incite another to give or accept a challenge to a of prision correccional
duel in its minimum period
Challenging to a duel
2. scoff at or decry another publicly for having refused to accept a challenge
to fight a duel
CRIME Title OFFENDER / SITUATION (PLACE/TIME) ACTS PUNISHED PENALTIES Important
VICTIM

Chapter Two – Physical Injuries

Physical Art. 262. Any Person intentionally mutilate another by reclusion temporal to
depriving him, either totally or partially, reclusion perpetua
Injuries
Mutilation or some essential organ of reproduction

prision mayor in its

other intentional mutilation medium and maximum

Art. 263. Any Person 1. injured person shall become insane, imbecile, wound, beat, or assault another, shall be prision mayor
impotent, or blind guilty of the crime of serious physical
Serious physical injuries
injuries

2. have lost the use of speech or the power to hear

or to smell, or shall have lost an eye, a hand, a foot, prision correccional in
an arm, or a leg or shall have lost the use of any its medium and
such member, or shall have become incapacitated maximum periods
for the work in which he was therefor habitually
engaged
The provisions of the
preceding paragraph
shall not be applicable to
3. deformed, or shall have lost any other part of his a parent who shall inflict
body, or shall have lost the use thereof, or shall physical injuries upon his
have been ill or incapacitated for the performance prision correccional in child by excessive
of the work in which he as habitually engaged for a its minimum and chastisement.
period of more than ninety days medium periods

4. caused the illness or incapacity for labor of the

injured person for more than thirty days
arresto mayor

If the offense shall have been committed against

any of the persons enumerated in Article 246, or
with attendance of any of the circumstances
mentioned in Article 248,

the case covered by subdivision number 1

the case covered by subdivision number 2

 the case covered by subdivision number 3 RT med & max

the case covered by subdivision number 4 PC max – PM min

PC med & max

PC min & med

Art. 264. Any Person without intent to kill inflict upon another any serious, physical penalties established
injury, by knowingly administering to him by the next preceding
Administering any injurious substance or beverages or article shall be
injurious by taking advantage of his weakness of applicable in the
substances or mind or credulity respective case
beverages

Art. 265. Any Person shall incapacitate the offended party for labor for Shall inflict upon another physical less serious physical
ten days or more injuries not described in the preceding injuries and shall suffer
Less serious articles the penalty of arresto
physical injuries shall require medical assistance for the same period mayor

manifest intent to kill or offend the injured person, AMay + fine not
or under circumstances adding ignominy to the exceeding 500 pesos
offense shall be imposed

deed does not constitute the crime of assault upon
such person
prision correccional in
Any less serious physical injuries inflicted its minimum and
upon the offender's parents, ascendants, medium periods
guardians, curators, teachers, or persons
of rank, or persons in authority

Art. 266. Any Person incapacitate the offended party for labor from one inflicted physical injuries arresto menor
to nine days, or shall require medical attendance
Slight physical during the same period
injuries and
maltreatment arresto menor or a fine
not exceeding 20 pesos
do not prevent the offended party from engaging in and censure
his habitual work nor require medical assistance

AMen min or a fine not

ill-treat another by deed without causing any injury exceeding 50 pesos