CRIMES AND PENALTIES

CRIMES AGAINST NATIONAL SECURITY

1.Treason
2.Conspiracy and Proposal to Commit Treason
3.Misprision of Treason
4.Espionage
5.Inciting to War or Giving Motives for Reprisal
6.Violation of Neutrality
7.Correspondence with Hostile Country
8.Piracy
CRIMES AGAINST PERSONS
1. Parricide (Art. 246, RPC; Sec. 5, R.A. No. 7659)
If the spouse is the one killed, the accused must be
married to him/her otherwise the crime is Homicide
or Murder. The best proof of the relationship is the
marriage certificate but in the absence thereof,
oral evidence of the fact of marriage may be
considered especially if it is not objected to.
(People vs. Malabago, 265 SCRA 198)
2.Infanticide is the killing of a child less than three (3)
days old. (Art. 255; Sec. 7, R.A. No. 7659)
Where parricide is committed with the use of an
unlicensed firearm, the crime of Illegal possession
of firearm is deemed absorbed. (People vs Macoy,
Jr. 338 SCRA 217)
3. Abortion (Art 256)

4.Murder (Art. 248) Killing of another which is not

Parricide, not Infanticide and provided that the
following circumstances are attendant:
With treachery, taking advantage of superior
strength, with aid of armed men, or employing
means to weaken the defense or means to insure
or afford impunity;
In consideration of a price, reward, or promise;
By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment of or
assault upon a street car or locomotion, fall of an
airship, by means of motor vehicles, or with the use
of any other means involving great waste and ruin;
On occasion of any of the calamities enumerated in
the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone,
epidemic, or any other public calamity;
With evident premeditation;
With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim or outraging
or scoffing at his person or corpse. (Art. 248, RPC)
Murder is one of the instances when man
descends to a level lower than that of the
beast, for it is non-instinctive killing, a
deliberate destruction of a member of the
same species for reasons other than survival.
(People vs. Tuson, 261 SCRA 711)
When victims are children of tener age, aged
five (5), six (6) or seven (7), killing is always
Murder qualified by treachery or abuse of

superior strength. (People vs Caritativo, 256

SCRA 1)
5. Death Under Exceptional Circumstances (Art.
247)
Any legally married person who, having surprised
his spouse in the act of sexual intercourse with
another, shall kill any or both of them in the act or
immediately thereafter or shall inflict upon them
any serious physical injury shall be penalized by
destierro.
In People vs Abarca, 153 SCRA 735, Accused, a
bar examinee who killed the paramour of his
wife in a mah-jong session, an hour after he
had surprised them in the act of sexual
intercourse in his house, since at that time, he
had to run away and get a gun as the
paramour was armed, was granted the benefits
of this article.
Art. 247 is applicable even if husband and wife
are living separately. (People vs. Oyanib, 354
SCRA 196)
6. Homicide (Art. 249)
To classify killing as Homicide, it must not be
Murder, Parricide, infanticide or Abortion.
The shooting of a peace officer who was fully
aware of the risk in pursuing the malefactors when
done in a spur of the moment is only Homicide.
(People vs. Porras, 255 SCRA 514)

7. Death in a tumultuous Affray (Art. 251)

8.Giving Assistance to suicide (Art. 253)
9.Duel (Art. 260) The penalty of reclusion temporal shall
be imposed upon any person who shall kill his
adversary in a duel.
CRIMES INVOLVING PRISONERS
1.Delivering Prisoners from Jail (Art. 156)
2.Infidelity in the Custody of Prisoners (Arts. 223 and
224)
3.Infidelity in the Custody of Prisoners by a Private
Person (Art. 225)
4.Evasion of Service of Sentence (Art. 157)
A.Evasion of Service of Sentence (Art. 157)
B. Evasion of Service of Sentence on the Occasion
of Disorders (Art. 158)
C. Violation of Conditional Pardon (Art. 159)
A, a foreigner, was found guilty of violation of
the law, and was ordered by the court to be
deported. Later on, he returned to the
Philippines in violation of the sentence. Held:
He is not guilty of Evasion of Service of
Sentence as the law is not applicable to
offenses executed by deportation. (U.S. vs Loo
Hoe, 36 phil. 867)
5.Quasi-Recidivism (Art. 160)
6.Maltreatment of Prisoners (Art. 235 amended by E.O.
No. 62)
7.Abuses Against Chastity (Art. 245, par. 2)
CRIMES AGAINST PROPERTY

1.Robbery (Art. 293) It is committed by any person

who, with intent to gain, shall take any personal
property belonging to another, by means of violence
against or intimidation of any person, or by using force
upon anything. (Art. 293)
A. Robbery with Homicide
As long as the criminal objective or plan is to rob,
whether the killing committed by reason or on
occasion thereof is intentional or accidental, the
crime is Robbery with Homicide. (Peole vs.
Pecato, 151 SCRA 14)
The word Homicide in Robbery with Homicide is
used in its generic sense as it includes Murder
and absorbs Serious Physical Injuries committed
during the Robbery. (People vs. Feliciano, 256
SCRA 706)
Where the act of killing was done to defend the
possession of the stolen property even if the said
killing was perpetrated after the robbers were on
their way to escape, the crime is Robbery with
Homicide as the Homicide was perpetrated by
reason of the robbery. (People vs. Lara, 227 SCRA
668)
Additional killings cannot be considered as
aggravating circumstances as there is no law
providing that additional killings should be
considered
as
aggravating
circumstances.
(People vs. Gano)
As long as the criminal intent is to rob, that is,
robbery was the real motive, the offense would

still be classified as Robbery with Homicide even

if the killing preceded or was done ahead of the
robbing. (People vs. Tolentino, 165 SCRA 490)
B. Robbery with Rape
2.Theft (Art. 308) Theft is committed by any person
who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take
personal property of another without the latters
consent.
In Theft, it is not required that the thief be able to
carry away the things upon the voluntary and
malicious taking of the property which is realized
upon the material occupation of the taking, that is,
when he had full possession thereof even if he did
not have the opportunity to dispose of the same.
(People vs. Jaranilla)
3. Qualified Theft (Art. 310)
4. Theft of Motor Vehicle
When the subject is motor vehicle, the theft becomes
qualified. Under R.A. No. 6539, Anti-carnapping Act
of 1972, the term motor vehicle includes, within its
protection, any vehicle which uses the streets, such
as motorized tricycle. (Izon vs. People, 107 SCRA
123)
In People vs Chao, it was said that the term motor
vehicle includes all vehicles propelled by power
other than muscular power including a motorcycle.
R.A. No. 6539 defines carnapping as the taking,
with intent to gain, of a motor vehicle belonging to

another without the latters consent, or by means of

violence against or intimidation of persons, or using
force upon things.
5. Brigandage (Art. 306)
P.D. No. 532 defines Highway Robbery/Brigandage as
the seizure of any person for ransom, extortion or
other unlawful purposes or the taking away of the
property of another by means of violence against or
intimidation of persons or force upon things or other
unlawful means committed by any person on any
Philippine Highway.
6.Usurpation of Real Rights (Art. 312)
7.Culpable or Fraudulent Insolvency (Art. 314)
8.Estafa (Swindling) (Art. 315)
In general, the elements of Estafa are as follows:
1.
That the accused defrauded another by
abuse of confidence or by means of deceit, and
2.
That damage or prejudice capable of
pecuniary estimation is caused to the offended
party or third party.
Estafa by Means of Issuance of Checks
Estafa Through Fraudulent Means
9.Other Forms of Swindling (Art. 316)
This kind of Estafa is committed by any of the
following means:
1.By
conveying,
selling,
encumbering
or
mortgaging any real property by pretending to be
owner thereof;

2.By disposing real property knowing it to be

encumbered even if the encumbrance be not
recorded;
3. By wrongful taking personal property from its
lawful possessor to the prejudice of the latter or a
third person;
4. By accepting any compensation given to him
under the belief it was payment of services or
labor when he did not actually perform such
services or labor;
5.By selling, mortgaging or in any manner
encumbering real property while being a surety
in bond without express authority from the court
or before being relieved from the obligation.
10. Arson
11. Malicious Mischief (Art. 327)
CRIMES AGAINST CHASTITY
1.Adultery (Art 333)
2.Concubinage (Art. 334)
3.Sexual Intercourse Under Scandalous Circumstances
4.Rape (Art. 266-A, 266-B, 266-C, 266-D)
To establish Rape under Art. 335[1] of the Revised
Penal Code (now Art. 266-A, two elements must be
shown:
1.That the accused had carnal knowledge of the
offended party;
2.That coitus was done through the use of force or
intimidation.

5.Acts of Lasciviousness (Art. 336)

6.Seduction (Qualified and Simple) (Arts. 337 and 338)
7.Acts of Lasciviousness with the Consent of the
Offended party (Art. 339)
8.Corruption of Minors (Art. 340)
9.White Slave Trade (Art. 341)
10. Abduction Forcible (Art. 342) and Consented (Art.
343)
CRIMES COMMITTED BY PUBLIC OFFICERS
1.Direct Bribery (Art. 210)
2.Indirect Bribery (Art. 211)
3.Qualified Bribery (Art. 211-A, RPC)
4.R. A. 3019 (The Anti-Graft and Corrupt Practices Act)
5.R. A. 1379 (Law on Forfeiture of Ill-Gotten Wealth)
6.R. A. 6713 (Code of Conduct and Ethical Standards for
Public Officials and Employees)
CRIMES INVOLVING LIBERTY
1.Kidnapping and Serious Illegal Detention (Art. 267 as
amended by Sec. 8 of R.A. No. 7659)
2.Arbitrary Detention (Art. 124)
3.Delay in the Delivery of Detained Persons (Art. 125)
4.Unlawful Arrest (Art. 269)
5.Slavery (Art. 272)
6.Forcible Abduction (Art. 342)
CRIMES INVOLVING FALSEHOOD AND FALSITY
1.False Testimony Against a Defendant (Art. 180)
2.False Testimony Favorable to the Defendant (Art. 181)
3.False Testimony in Civil Cases (Art. 182)
4.False Testimony in Other Cases and Perjury (Art. 183)
5.Falsfication (Art. 171)

CRIMES AGAINST PUBLIC ORDER

1.Rebellion or Insurrection (Art. 134)
2.Sedition (Art. 139)
3.Direct Assaults (Art. 148)
4.Indirect Assaults (Art. 149)
CRIMES AGAINST HONOR
1.Libel (Art. 353)
2.Slander (Art. 358)
3.Slander by Deed (Art. 359)
4.Incriminatory Machinations (Art. 363 and 364)
1.Usurpation of authority or official functions
2.Trespass to Dwelling
3.Grave Threats
4.Grave Coercion also a crime against security.
5. Bigamy a crime against civil status.