Artic

le Case /
Crime Elements
(RPC Commentators
)
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Illegal Assemblies 1. Any meeting attended by armed persons for
the purpose of committing any of the crimes
punishable under the RPC
a. 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
c. that the purpose of the meeting is
to commit any of the crimes
punishable under the RPC
2. Any meeting in which the audience, whether
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armed or not, is incited to the commission
of treason, rebellion or insurrection,
sedition, or assault upon a person in
authority or his agents
a. there is a meeting, a gathering or
group of persons, whether in a fixed
place or moving
b. the audience, whether armed or
not, is incited to the commission of
crime of treason, rebellion or
insurrection, sedition or direct
assault
Illegal Associations Illegal Associations
1. Totally or partially organized for the purpose
of committing any of the crimes punishable
147
under the RPC
2. Totally or partially organized for some
purpose contrary to public morals
148 Direct Assaults 1. First Mode of Assault Gelig v. People, G.R.
a. the offender employs force or No. 173150, July 28,
intimidation 2010
b. the aim of the offender is to attain
any of the purposes of the crime of
rebellion or any of the objects of
crime of sedition
c. there is no public uprising

2. Second Mode of Assault

a. That the offender (a) makes an
attack, (b) employs force, (c) makes
 a serious intimidation, or (d) makes
a serious resistance.
b. That the person assaulted is a
person in authority or his agent.
c. That at the time of the assault the
person in authority or his agent (a)
is engaged in the actual
performance of official duties, or [b]
that he is assaulted by reason of
the past performance of official
duties.
d. That the offender knows that the
one he is assaulting is a person in
authority or his agent in the
exercise of his duties.
That there is no public uprising.
Indirect Assaults 1. A person in authority or his agent is the
victim of any of the forms of direct assault
defined in Article 148
2. A person comes to the aid of such authority
149
or his agent
3. The offender makes use of force or
intimidation upon such person coming to
the aid of the authority or his agent
Disobedience to 1. By refusing, without legal excuse, to obey
Summons Issued summons of Congress, its special or
by Congress, its standing committees and subcommittees or
divisions, or by any commission or
Committees, etc.
committee chairman or member authorized
to summon witnesses
2. By refusing to be sworn or placed under
affirmation while being before such
legislative or constitutional body or official
3. By refusing to answer any legal inquiry or to
150
produce any books, papers, documents, or
records in his possession, when required by
them to do so in the exercise of their
functions
4. By restraining another from attending as a
witness in such legislative or constitutional
body
5. By inducing disobedience to a summons or
refusal to be sworn by any such body or
official
 Resistance and 1. That a person in authority or his agent is Sydeco v. People
Disobedience to a engaged in the performance of official duty (2014)
151 Person in Authority or gives a lawful order to the offender; and
2. That the offender resists or seriously
or Agents of Such
disobeys such person or his agent.
Person
Persons in authority An agent of a person in authority is "any person People v. Recto
or agents of who, by direct provision of law or by election or (2001)
persons in authority by appointment by competent authority, is
charged with the maintenance of public order People v. Sion (1997)
and the protection and security of life and
property, such as barrio councilman, barrio
policeman and barangay leader, and any
person who comes to the aid of persons in
authority."

Section 388 of the Local Government Code of

1991 which expressly provides, in part, that
"[f]or purposes of the Revised Penal Code, the
punong barangay, sangguniang barangay
152 members, and members of the lupong
tagapamayapa in each barangay shall be
deemed as persons in authority in their
jurisdictions...." This law expands the definition
of a person in authority under the Revised
Penal Code, wherein among the barangay
officials, only the barangay captain or chairman,
now called Punong Barangay, is expressly
considered a person in authority, as provided in
Article 152 thereof. Thus, in addition to the
Punong Barangay, the members of the
Sangguniang Barangay, or Kagawads, and
members of the Lupong Tagapayapa are now
considered not merely as agents of, but as
persons in authority.
153 Tumults and 1. Causing any serious disturbance in a public
Other place, office or establishment
2. Interrupting or disturbing performances,
Disturbances of
functions or gatherings, or peaceful
Public Order meetings, if the act is not included in
Articles 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
5. Burying with pomp the body of a person
who has been legally executed
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 Prescribing
opium
unnecessarily for
a patient.
Repealed by
194 Republic Act
9165
Comprehensive
Dangerous
Drugs Act

What acts are

punishable in
gambling. -
Repealed by
Presidential
Decree 1602 -
195 Simplifying And
Providing
Stiffer Penalties
For Violations
Of Philippine
Gambling Laws
Importation, sale, Acts Punished:
and possession 1. By importing into the Philippines
of lottery tickets from any foreign place or port
or any lottery ticket or
advertisement.
advertisement
Repealed by 2. By selling or distributing the
Presidential name in connivance with
196 Decree 1602 - importer
Simplifying And 3. By possessing, knowingly and
Providing with intent to use, lottery tickets
Stiffer Penalties or advertisements
For Violations 4. By selling or distributing the
Of Philippine same without connivance with
Gambling Laws the importer

197 Betting in sports

contest.
Repealed by
Presidential
Decree 1602 -
Simplifying And
Providing
 Stiffer Penalties
For Violations
Of Philippine
Gambling Laws
Illegal betting on
horse race.
Repealed by
Presidential
Decree 1602 -
Simplifying And
198
Providing
Stiffer Penalties
For Violations
Of Philippine
Gambling Laws

Illegal Del Mar v. Pagcor

cockfighting. G.R. No.
Repealed by 138298. Novembe
Presidential r 29, 2000
Decree No.
449
Presidential
199
Decree 1602 -
Simplifying And
Providing
Stiffer Penalties
For Violations
Of Philippine
Gambling Laws
PD Simplifying And 1. a. Any who shall directly or Del Mar v. Pagcor
1602 Providing Stiffer indirectly take part in any illegal G.R. No.
Penalties For or unauthorized activities or 138298. Novembe
Violations Of games of a. cockfighting, r 29, 2000
Philippine jueteng, jai alai or horse racing
Gambling Laws
to include bookie operations and
game fixing, numbers, bingo
and other forms of lotteries;
cara y cruz, pompiang and the
like; 7-11 and any game using
dice; black jack, lucky nine,
poker and its derivatives,
monte, baccarat, cuajao,
pangguingue and other card
games; paik que, high and low,
 mahjong, domino and other
games using plastic tiles and
the likes; slot machines,
roulette, pinball and other
mechanical contraptions and
devices; dog racing, boat racing,
car racing and other forms of
races, basketball, boxing,
volleyball, bowling, pingpong
and other forms of individual or
team contests to include game
fixing, point shaving and other
machinations; banking or
percentage game, or any other
game scheme, whether upon
chance or skill, wherein wagers
consisting of money, articles of
value or representative of value
are at stake or made;
2. Any person who shall knowingly
permit any form of gambling
referred to in the preceding
subparagraph to be carried on
in inhabited or uninhabited
place or in any building, vessel
or other means of transportation
owned or controlled by him. If
the place where gambling is
carried on has a reputation of a
gambling place or that
prohibited gambling is
frequently carried on therein, or
the place is a public or
government building or
barangay hall, the malfactor
shall be punished by prision
correccional in its maximum
period and a fine of six
thousand pesos.
3. maintainer or conductor of the
above gambling schemes.
4. maintainer, conductor or banker
of said gambling schemes is a
government official, or where
such government official is the
player, promoter, referee,
 umpire, judge or coach in case
of game fixing, point shaving
and machination.
5. person who shall, knowingly and
without lawful purpose in any
hour of any day, possess any
lottery list, paper or other
matter containing letters,
figures, signs or symbols
pertaining to or in any manner
used in the games of jueteng,
jai-alai or horse racing bookies,
and similar games of lotteries
and numbers which have taken
place or about to take place.
6. any barangay official who, with
knowledge of the existence of a
gambling house or place in his
jurisdiction fails to abate the
same or take action in
connection therewith.
7. any security officer, security
guard, watchman, private or
house detective of hotels,
villages, buildings, enclosures
and the like which have the
reputation of a gambling place
or where gambling activities are
being held.
RA An Act Increasing Who are Liable: Del Mar v. Pagcor
9287 the Penalties for 1. Bettor G.R. No.
Illegal Numbers 2. Personnel or staff of an illegal 138298. Novembe
Games, numbers game operation and r 29, 2000
Amending
any person who allows his including
Certain
vehicle, house, building or land separate opinions
provisions of P.D.
to be used in the operation of
1602 and for
the illegal numbers games.
Other Purposes
3. Person acts as a collector or
agent;
4. Person acts as a coordinator,
controller or supervisor
5. Person acts as a maintainer,
manager or operator
6. Person acts as a financier or
capitalist;
7. Person acts as protector or
 coddler.
PD Cockfighting Law 1. Holding of Cockfights. Except as Tan v Perea, G.R.
449 of 1974 provided in this Decree, No. 149743,
cockfighting shall be allowed February 18, 2005
only in licensed cockpits during
Sundays and legal holidays and
during local fiestas for not more
than three days. It may also be
held during provincial, city or
municipal, agricultural,
commercial or industrial fair,
carnival or exposition for a
similar period of three days
upon resolution of the province,
city or municipality where such
fair, carnival or exposition is to
be held, subject to the approval
of the Chief of Constabulary or
his authorized representative:
Provided, that, no cockfighting
on the occasion of such fair,
carnival or exposition shall be
allowed within the month of a
local fiesta or for more than two
occasions a year in the same
city or municipality: Provided,
further, that no cockfighting
shall be held on December 30
(Rizal Day), June 12 (Philippine
Independence Day) November
30 (National Heroes Day), Holy
Thursday, Good Friday, Election
or Referendum Day and during
Registration Days for such
election or referendum.
2. Cockfighting for Entertainment
of Tourists or for Charitable
Purposes. Subject to the
preceding subsection hereof,
the Chief Constabulary or his
authorized representative may
also allow the holding of
cockfighting for the
entertainment of foreign
dignitaries or for tourists, or for
returning Filipinos, commonly
 known as "Balikbayan", or for
the support of national fund-
raising campaigns for charitable
purposes as may be authorized
by the Office of the President,
upon resolution of a provincial
board, city or municipal council,
in licensed cockpits or in
playgrounds or parks: Provided,
that this privilege shall be
extended for only one time, for
a period not exceeding three
days, within a year to a
province, city, or municipality.
Grave Scandal 1. Offender performs an act or acts
2. Such act or acts be highly
scandalous as offending against
decency or good customs
3. Highly scandalous conduct is
200 not expressly falling within any
article of this code
4. Act or acts complained of be
committed in a public place or
within the public knowledge or
view
201 Immoral 1. Those who shall publicly People vs. Go Pin,
doctrines, expound or proclaim doctrines 97 Phil 418, G.R.
obscene openly contrary to public No. L-7491,
publications and morals; August 8, 1955
exhibitions and 2. The authors of obscene
indecent shows.
literature, published with their CA v Fernando,
Amended by PD
knowledge in any form, the G.R. No. 159751,
960 and PD 696.
editors publishing such December 6, 2006
literature; and the
owners/operators of the People v Nogales,
establishment selling the same; G.R. No. 191080,
and
November 21,
3. Those who, in theaters, fairs,
2011
cinematographs, or any other
place, exhibit indecent or
immoral plays, scenes, acts or Ang LADLAD v
shows, it being understood that COMELEC, G.R.
the obscene literature or No. 190582, April
indecent or immoral plays, 8, 2010
scenes, acts or shows, whether
live or in film, which are
 proscribed by virtue hereof,
shall include those which:
a. Glorify criminals or condone
crimes;
b. Serve no other purpose but to
satisfy the market for
violence, lust or pornography;
c. Offend any race, or religion;
d. Tend to abet traffic in and use
of prohibited drugs; and
e. Are contrary to law, public
order, morals, good customs,
established policies, lawful
orders, decrees and edicts;
and
4. Those who shall sell, give away,
or exhibit films, prints,
engravings, sculptures or
literature which are offensive to
morals.
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210 Direct Bribery (1)That the offender be a public MARIFOSQUE VS.
officer within the scope of Art. PEOPLE, 435
203 SCRA 332, G.R.
(2)That the offender accepts an NO. 156685 JULY
offer or promise or receives a 27, 2004
gift or present by himself or
through another Magno vs.
(3)That such offer or promise be Commission on
accepted, or gift or present Elections, 390
received by the public officer: SCRA 495, G.R.
a. With a view to committing No. 147904
some crime; or
October 4, 2002
b. In consideration of the
execution of an act which
does not constitute a
crime, but the act must
be unjust; or
c. To refrain from doing
 something which it is his
official duty to do.
(4)That the act which the offender
agrees to perform or which he
executes be connected with the
performance of his official
duties.

Indirect Bribery (1)That the offender is a public Re: Allegations

officer. Made Under
(2)That he accepts gifts. Oath at the
(3)That the said gifts are offered to Senate Blue
him by reason of his office. Ribbon
Committe
Hearing Held on
September 26,
211 2013 Against
Associate
Justice Gregory
S. Ong,
Sandiganbayan,
736 SCRA 12,
A.M. No. SB-14-
21-J September
23, 2014
Qualified (1) That the offender is a public officer
Bribery entrusted with law enforcement.
(2) That the offender refrains from
arresting or prosecuting an offender
who has committed a crime
211-
punishable by reclusion perpetua
A
and/or death.
(3) That the offender refrains from
arresting or prosecuting the offender
in consideration of any promise, gift
or present.
Corruption of (1) That the offender makes offers or
Public Officials promises or gives gifts or present to a
public officer.
(2) That the offers or promises are
212
made or the gifts or presents given to
a public officer, under circumstances
that will make the public officer liable
for direct or indirect bribery.
 Frauds against Elements of frauds against public
the public treasury (Art. 213 par. 1)
treasury and (1)That the offender is a public
similar officer.
offenses. (2)That he should have taken
advantage of his office, that is,
he intervened in the transaction
in his official capacity.
(3)That he entered into an
agreement with any interested
party or speculator or made use
of any other scheme with
regard to:
a. Furnishing supplies; or
b. The making of contracts;
or
c. The adjustment or
settlement of accounts
relating to public property
or funds.
(4)That the accused had intent to
defraud the government.
213
Elements of Illegal Exactions:
(1)The offender is a public officer
entrusted with the collection of
taxes, licenses, fees and other
imposts.
(2)He is guilty of the following acts
or omissions:
a. Demanding, directly or
indirectly, the payments of
sums different from or larger
than those authorized by
law; or
b. Failing voluntarily to issue
receipt, as provided by law,
for any sum of money
collected by him officially; or
c. Collecting or receiving,
directly or indirectly, by way
of payment or otherwise,
things or objects of a nature
different from that provided
by law.
 Other Frauds (1)The offender is a public officer.
(2)That he takes advantage of his
official position.
214
(3)That he commits any of the
frauds or deceits enumerated in
Article 315 to 318.
Prohibited (1) The offender is an appointive
Transactions public officer.
(2) That he becomes interested,
directly or indirectly, in any
transaction of exchange or
215 speculation.
(3) That the transaction takes place
within the territory subject to his
jurisdiction.
(4) That he becomes interested in the
transaction during his incumbency.
Possession of Who are liable:
prohibited (1) Public officer who, directly or indirectly,
interest by a became interested in any contract or
public officer. business in which it was his official duty to
intervene.
(2) Experts, arbitrators and private
accountants who, in like manner, took part
216
in any contract or transaction connected
with the estate or property in the
appraisal, distribution or adjudication of
which they had acted.
(3) Guardians and executors with respect to
property belonging to their wards or the
estate.
217 Malversation of (1) That the offender be a public
public funds or officer.
property (2) That he had the custody or control
of funds or property by reason of the
duties of his office.
(3) That those funds or property were
public funds or property for which he
was accountable.
(4) That he:
a. Appropriated the funds
or property
b. Took or
misappropriated them.
 c. Consented or, through
abandonment or
negligence, permitted
any other person to
take such public funds
or property.
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Damage and Damage and
obstruction construction to
to means of means of
communicatio communication is
n. committed by
damaging any
railway, telegraph or
telephone lines. The
telegraph or
telephone lines must
pertain to a railway
system. (Reyes,
330 2012)
Destroying or
damaging
statutes, public
monuments, or
331 paintings.
Persons exempt G.R. No. 181409,
from criminal February 11, 2010
332 liability.
333 Who are guilty of People vs. Guinucud
adultery. and Tagayun, 58
Phil. 621, No.
 38672, October 27,
1933

Concubinage. Ocampo vs. People,

72 Phil. 268, No.
47756, June 10,
1941
334
Rape. repealed
already by Anti-
Rape Law of
335 1997
Acts of People vs. Pareja,
lasciviousness. 714 SCRA 131, G.R.
No. 202122 January
15, 2014
336
Qualified People vs.
seduction. Marcellana, 376
SCRA 349, G.R.
Nos. 137401-03,
February 06, 2002
337