Criminal Law II Reviewer

Summary of Book II
Crime Elements Penalty Important Points to Remember

114 1. Offender is a Filipino citizen or an alien residing in the Philippines Filipino Citizen RP to 1. Treason cannot be committed in time of peace
Treason 2. There is war in which the Philippines is involved death and a fine not to 2. In treason by levying war, it is not necessary that there be a formal
3. Offender either: exceed P100,000 declaration of the existence of a state of war
a. levies war against the government 3. The war must be directed against government
i. that there be an actual assembling of men, Alien RT to death and a 4. The purpose of levying war is to deliver the country in whole or in
ii. for the purpose of executing a treasonable design by force fine not to exceed part to the enemy; must be in collaboration with foreign enemy
b. or adheres to the enemies, giving them aid or comfort P100,000 5. The aid or comfort given to the enemies must be after the
declaration of war; the enemies must be the subject of foreign
Treason branch of allegiance to a government, committed by a person who owes No complex crime of power
allegiance to it treason with murder, 6. No treason thru negligence
physical injuries 7. When common crimes are charged as overt acts of treason, they
Allegiance obligation of fidelity and obedience which the individuals owe to the cannot be regarded as separate crimes or as complexed by
government under which they live or to their sovereign, in return for the protection they A g g r a v a t i n g treason.
receive; either permanent or temporary Circumstances: cruelty, 8. Treason by Filipino citizen may be committed outside the
ignominy Philippines
Adherence to Enemy intent to betray; when a citizen intellectually or emotionally favors 9. Treason is a continuous offense
the enemy and harbors sympathies or convictions disloyal to his countrys policy or interests] Art. 64 not strictly applied 10. Treason cannot be proved by circumstantial evidence or
to treason extrajudicial confession of accused
Aid or Comfort an act which strengthens or tends to strengthen the enemy in the conduct 11. Two witness rule is severely restrictive
of war against the traitors country and an act which weakens or tends to weaken the power Gravity of seriousness of 12. Sufficient that witnesses are uniform in their testimony on the overt
of the traitors country to resist or to attack the enemy acts of treason are act; it is not necessary that there be corroboration between them on
considered the point they testified
Ways of Proving Treason: 13. Adherence may be proved by one witness, or from the nature of the
1. Testimony of 2 witnesses, at least, to the same overt act; or act itself, or from the circumstances surrounding the act
2. Confession of the accused in open court 14. Defense of suspended allegiance and change of sovereignty is not
accepted
15. Defense of obedience to de facto Government is acceptable
16. Defense of duress or uncontrollable fear is acceptable

115 1. Conspiracy to Commit Treason PM and a fine not The two witness rule does NOT apply to this article
Conspiracy and exceeding P10,000
Proposal to Commit
Treason 2. Proposal to Commit Treason PC and a fine not
exceeding P5,000

116 1. Offender must be owing allegiance to the government and not a foreigner Accessory to the crime of 1. Conspiracy is one to commit treason
Misprision of Treason 2. He has knowledge of any conspiracy to commit treason against the government treason 2. Article 116 is an exception to the rule that mere silence does not
3. He conceals or does not disclose and make known the same as soon as possible to make a person criminally liable
governor or fiscal of province or the mayor or fiscal of the city in which he resides
117 1. By entering, without authority therefore, a warship, fort or naval or military establishment PC 1. Espionage gathering, transmitting, or losing information respecting
Espionage or reservation to obtain any information, plans, photographs or other data of a Penalty next higher in the national defense with intent or reason to believe that the
confidential nature relative to the defense of the Philippines degree shall be imposed information is to be used to the injury of the RP or to the advantage
a. Offender enters any of the places mentioned therein if the offender be a public of any foreign nation
b. He has no authority therefore officer or employee. 2. To be liable under paragraph 1, the offender must have the intention
c. His purpose is to obtain info, plans, etc. of a confidential nature relative to defense to obtain information relative to the defense of RP
of RP 3. It is not necessary that the information is obtained
2. By disclosing to the representative of a foreign nation the contents of the articles, data, 4. Espionage distinguished from treason:
or information referred to in Par. No. 1 which he had in his possession by reason of the a. Both are crimes not conditioned on citizenship
public office he holds b. Espionage may be committed in many ways, both in time of
a. Offender is a public officer peace or war; Treason 2 ways of committing; and only in
b. He has in his possession the articles, etc. by reason of the public office he holds time of war
c. He discloses their contents to a representative of a foreign nation

118 1. Offender performs unlawful or unauthorized acts RT if public officer or 1. The intention of offender is immaterial
Inciting to War or 2. Such acts provoke or give occasion for a war involving or liable to involve the Philippines employee 2. Committed in time of peace
Giving Motives or expose Filipino citizens to reprisals on their persons or property PM if private individual

119 1. There is a war which the Philippines is not involved PC 1. Neutrality a nation or power which takes no part in a contest of
Violation of Neutrality 2. There is a regulation issued by competent authority for the purpose of enforcing arms going on between others is referred to as neutral
neutrality 2. There must be regulation issued by competent authority for
3. Offender violates such regulation enforcement of neutrality

120 1. It is in time of war in which the Philippines is involved PC 1. Correspondence communicating by means of letters; or it may
Correspondence with 2. Offender makes correspondence with an enemy country or territory that is occupied by refer to the letters which pass between those who have friendly or
Hostile Country enemy troops business relations
3. The correspondence is either 2. Even if correspondence contains innocent matters, if such has been
a. Prohibited by the government prohibited by the government, it is punishable
3. Prohibition by the government is not essential in paragraphs 1 and 2
Carried in ciphers or conventional signs PM 4. Qualifying circumstances that must concur together:
b. a. The notice or information might be useful to the enemy
b. The offender intended to aid the enemy
c. Containing notice or information which might be useful to the enemy RT if info may be useful to
enemy
RT to death if intention
was to aid the enemy

121 1. There is a war which the Philippines is involved Arresto Mayor 1. An alien resident may be guilty of flight to enemy country
Flight to Enemys 2. Offender must be owing allegiance to the government 2. Mere attempt to flee or go to enemy country consummates crime
Country 3. Offender attempts to flee or go to enemy country 3. Article 121 must be implemented by the Government
4. Going to enemy country is prohibited by competent authority

122 1. Vessel is on the high seas or in Philippine waters RP 1. High Seas any waters on the sea coast which are without the
Piracy in General and 2. Offenders are not members of its complement or passengers of the vessel Same penalty shall be boundaries of low-water mark, although such waters may be in the
Mutiny on the High 3. Offenders either inflicted in case of mutiny jurisdictional limits of a foreign government
Seas or in Philippine a. attack or seize the vessel on the high seas or in 2. Piracy Distinguished From Robbery in High Seas
Waters b. seize the whole or part of the cargo of said vessel, its equipment, or personal Philippine waters a. In piracy offender is an outsider; in robbery, offender is
belongings of its complement or passengers member of crew or passenger
b. In both, there is intent to gain and manner of committing the
Piracy robbery or forcible depredation on the high seas, without lawful authority and done crime is the same
with animo furandi and in the spirit and intention of universal hostility 3. Piracy Distinguished from Mutiny
a. In piracy, the offenders are strangers; in mutiny, they are
Mutiny unlawful resistance to a superior officer, or the raising of commotions and members of the crew or passengers
disturbances on board a ship against the authority of the commander b. In piracy, intent to gain is essential; in mutiny, the intention
may be to ignore ships officers or to commit plunder

123 Qualifying Circumstances: Special complex crime 1. Any person who aids or protects pirates or abets the commission of
Qualified Piracy 1. Seized vessel by boarding or firing upon the same; or punishable by RP to piracy shall be considered as an accomplice
2. Pirates have abandoned their victims without means of saving themselves; or Death regardless of 2. R.A. 6235 An Act Punishing Certain Acts Inimical to Civil Aviation
3. Crime is accompanied by murder, homicide, physical injuries or rape number of victims
124 1. Offender is a public officer or employee Not exceeded 3 days A 1. Legal Grounds for Detention of Prisoner:
Arbitrary Detention 2. He detains a person Mayor in maximum to PC a. the commission of a crime
3. Detention is without legal grounds in minimum b. violent insanity or o the ailment requiring the compulsory
More than 3 less than 15 confinement of the patient in a hospital
Detention when a person is placed in confinement or there is a restraint on his person days PC in medium and 2. Arrest without warrant is the usual cause of arbitrary detention
maximum 3. Arrest Without Warrant, When Lawful (Sec. 5 Rule 113)
Detention is without legal grounds: More than 15 not more - Personal knowledge is required
1. When he has not committed any crime or, at least, there is no reasonable ground for than 6 months PM - A crime must in fact or actually have been committed
suspicion that he has committed a crime; or Exceeded 6 mos. RT 4. There is no reasonable ground if officer only wants to know the
2. When he is not suffering from violent insanity or any other ailment requiring compulsory commission of crime
confinement in a hospital 5. There is arbitrary detention thru imprudence

125 1. Offender is a public officer or employee Same as next preceding 1. If the offender is a private person, the crime is illegal detention
Delay in Delivery of 2. He has detained a person for some legal ground article: 2. Detention must be for some legal ground
Detained Person to 3. He fails to deliver such person to the proper judicial authorities within: Within 12 hours for light 3. Article 125 does not apply when the arrest is by virtue of a warrant
Proper Judicial a. 12 hours for offenses punishable by light penalties or their equivalent penalties of arrest but must be a lawful arrest
Authorities b. 18 hours for offenses punishable by corrective penalties or their equivalent Within 18 hours for 4. Delivery does not consist in a physical delivery, but in making an
c. 36 hours for offenses punishable by afflictive or capital or their equivalent corrective penalties accusation or charge or filing of an information against person
Within 36 hours for 5. Duty of the detaining officer is deemed complied with upon the filing
Proper Judicial Authorities means the courts of justice or judges or said courts vested afflictive or capital of the complaint with the judicial authority
with judicial power to order the temporary detention or confinement of a person charged with penalties 6. Provisions of Article 125 may be waived if person asks for
having committed a public offense preliminary examination
7. Violation of Article 125 does not affect legality of confinement under
Rights of Person Detained: process issued by a court
1. He shall be informed of the cause of his detention 8. The illegality of the detention is not cured by the filing of the
2. He shall be allowed, upon his request, to communicate and confer at anytime with his information in court
attorney or counsel 9. Fiscal is not liable, unless he ordered detention
10. Article 125 distinguished from Article 124 in Art. 124, the detention
Circumstances considered in determining liability of officer detaining a person is illegal from the beginning; in Art. 125, the detention is legal in the
beyond legal period: beginning but the illegality of the detention starts from the expiration
1. means of communication of any of the periods of time specified without person detained
2. hour of arrest having been delivered to proper judicial authority
3. other circumstances (time, etc.)

126 1. That offender is a public officer or employee Same as Article 124 Wardens and jailers are the public officers most likely to violate Article
Delaying Release 2. There is a judicial or executive order for the release of a prisoner or detention prisoner, 126
or that there is a proceeding upon a petition for the liberation of such person
3. The offender without good reason delays:
a. the service of the notice of such order to the prisoner
b. the performance of such judicial or executive order for the release of the prisoner
c. the proceedings upon a petition for the release of such person

127 1. Offender is a public officer or employee PC Only the court by a final judgment can order a person to change his
Expulsion 2. He expels any person from the Philippines or compels a person to change his residence residence
3. The offender is not authorized to do so by law

128 Acts Punished: PC in minimum 1.
Violation of Domicile 1. By entering any dwelling against the will of the owner thereof; or
2. By searching papers or other effects found therein without the previous consent of such PC in medium and 2.
owner; or maximum if with
3. By refusing to leave the premises, after having surreptitiously entered said dwelling and Qualifying circumstances
after having been required to leave the same of nighttime, or if any 3.
papers or effects not
Elements Common to the Three Acts: constituting evidence of a 4.
1. Offender is a public officer or employee crime be not returned
2. He is not authorized by judicial order to enter the dwelling and / or to make a search immediately
therein for papers and other effects
5.
A public officer or employee is authorized by judicial order when he
is armed with a search warrant duly issued by the court
Against the will of the owner presupposes opposition or prohibition
by said owner, whether express or implied; if it is only without the
consent of the owner, the crime is not committed
Right of officer to break into building or enclosure (Sec 11 Rule 113,
1985 Rules on Criminal Procedure)
Circumstances Qualifying the Offense:
a. If the offense is committed at nighttime; or
b. If any papers or effects not constituting evidence of a crime
are not returned immediately after the search was made
Papers of other effects must be found in the dwelling
129 Acts Punished: Liability attaching to 1. Personal Property to be Seized:
S e a r c h Wa r r a n t s 1. By procuring a search warrant without just cause Offender for commission a. Subject of the offense; or
Maliciously Obtained a. Offender is a public officer or employee of any other offense b. Stolen or embezzled and other proceeds or fruits of the
and Abuse in Service b. Procures a search warrant (perjury) and offense; or
of Those Legally c. There is no just cause A Mayor in maximum to c. Used or intended to be used as the means of committing an
Obtained 2. By exceeding his authority or by using unnecessary severity in executing a search PC in minimum and fine offense
warrant legally procured not exceeding P1,000 2. Search warrant will not issue except upon probable cause
a. The offender is a public officer or employee 3. Search warrant is valid for 10 days from its date
b. He has legally procured a search warrant 4. The true test of lack of just cause is whether the affidavit filed in
c. He exceeds his authority or uses unnecessary severity in executing the same support of the application for search warrant has been drawn in
such a manner that perjury could be charged thereon and affiant be
Search Warrant an order in writing issued in the name of the People of the Philippines, held liable for damages caused
signed by a judge and directed to a peace officer, commanding him to search for personal 5. Search and seizure without warrant as an incident to lawful arrest is
property described therein and bring it before the court legal
Probable Cause such reasons, supported by facts and circumstances, as will warrant a 6. Peace officers may enter house of an offender who committed an
cautious man in the belief that his action, and the means taken in prosecuting it, are legally offense in their presence
just and proper 7. Search and seizure of vessels without a search warrant legal

130 1. The offender is a public officer or employee A Mayor in medium and 1. Search to go over or look thru for the purpose of finding
Searching Domicile 2. He is armed with search warrant legally procured maximum something; to examine
Without Witnesses 3. He searches the domicile, papers or other belongings of any person 2. Distinguish Article 128 from Article 130 In violation of domicile, the
4. The owner, or any member of his family, or two witnesses residing in the same locality public officer has not authority to make a search warrant; in Article
are not present 130, public officer has a search warrant

131 1. Offender is a public officer or employee PC in minimum 1. Private individual cannot commit this crime
P r o h i b i t i o n , 2. He performs any of the following acts: 2. Under paragraph 1, public officer must act without legal ground
Interruption, and a. Prohibiting or interrupting, without legal ground, the holding of a peaceful meeting, 3. When the meeting to be held is not peaceful, there is legal ground
Dissolution of or by dissolving the same for prohibiting it
Peaceful Meetings b. Hindering any person from joining any lawful association or from attending any of 4. The right to peaceably assemble is not absolute and may be
its meetings regulated
c. Prohibiting or hindering any person from addressing, either alone or together with 5. The offender must be a stranger, not a participant, in the meeting
others, any petition to the authorities for the correction of abuses or redress of
grievances

132 1. Offender is a public officer or employee PC in minimum 1. Preventing a religious ceremony to take place punishable under this
Interruption of 2. Religious ceremonies or manifestations of any religion are about to take place or are PC in medium and article
Religious Worship going on maximum if committed 2. Reading a bible and then attacking certain churches in a public
3. Offender prevents or disturbs the same with violence or threats plaza is not a ceremony of manifestation of religion, but only a
Qualifying Circumstance: meeting of a religious sect
- if the crime is committed with violence or threats

133 1. Acts complained of were performed: A Mayor in maximum to 1. It is not necessary that there is a religious ceremony going on when
Offending the a. In a place devoted to religious worship, or PC in minimum the offender performs acts notoriously offensive to the feelings of
Religious Feelings b. During the celebration of any religious ceremony the faithful
2. The acts must be notoriously offensive to the feelings of the faithful 2. There must be deliberate intent to hurt the feelings of the faithful
3. Offense to feelings is judged from complainants point of view
Religious Ceremonies religious acts performed outside of a church, such as processions
and special prayers for burying dead person
134 1. There be a public uprising and taking arms against the Government
Rebellion or 2. The purpose of the uprising or movement is either:
Insurrection a. to remove from the allegiance to said government or its laws:
i. the territory of the Philippines or any part thereof; or
ii. any body of land, naval or other armed forces; or
b. To deprive the Chief Executive or Congress, wholly or partially, of any of their
powers or prerogatives
Rebellion used where the object of the movement is completely to overthrow and
supersede the existing government
Insurrection used 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 or subject
Rebellion distinguished from Treason:
1. Rebellion levying of war during peace time for any of the purposes mentioned;
Treason performed in aid of enemy during wartime
2. Rebellion always involves taking up arms against government; Treason may be
committed by mere adherence to the enemy, giving aid or comfort
RP person who
promotes, maintains or
heads rebellion or
insurrection
RT p e r s o n m e r e l y
participating or executing
commands of others
1. Rebellion or of inciting it is a crime of masses, of a multitude
2. Actual clash of arms with the forces of the government, not
necessary to convict the accused who is in conspiracy with others
actually taking arms against the government
3. Purpose of the uprising must be shown
4. It is not necessary that the purpose be accomplished
5. Giving aid or comfort not criminal in rebellion
6. Rebellion distinguished from Subversion rebellion is a crime
against public order; Subversion like treason, against national
security
7. Mere silence or omission is not punishable in rebellion
8. It is not a defense in rebellion that the accuse never took the oath of
allegiance to, or that they never recognized the government
9. Those who killed persons in pursuance of movement to overthrow
government are liable for rebellion only
10. There is no complex crime of rebellion with murder and other
common crimes (Hernandez ruling)
11. Killing, robbing, etc for a private purpose or profit, without any
political motivation, would be separately punished and would not be
absorbed in the rebellion

134-A 1. Offender is a person(s) belonging to the military or police or holding any public office or RT in maximum person 1. Coup d etat may be committed with or without civilian participation
Coup detat employment in government service 2. Those liable for Rebellion, Insurrection and/or Coup d etat (Article
2. It is committed by means of a swift attack accompanied by violence, intimidation, threat, who participates, or 135)
strategy or stealth executes directions or a. Leaders
3. The attack is directed against duly constituted authorities of the Philippines, or any commands of others in i. any person who promotes, maintains, or heads a rebellion
military camp or installation, communication networks, public utilities or other facilities undertaking a coup detat or insurrection
needed for the exercise and continued possession of power PM in maximum person ii. any person who leads, directs, or commands others to
4. The purpose of the attack is to seize or diminish state power not in government service undertake a coup detat
who participates, or in any b. Participants
Political Crimes Distinguished from Common Crimes manner supports, i. Any person who participates or executes the commands of
- Political crimes are those directly aimed against the political order, as well as such finances, abets or aids in others in rebellion or insurrection
common crimes as may be committed to achieve a political purpose undertaking a coup detat ii. Any person in the government service who participates, or
- The decisive factor is the intent or motive executes directions or commands of others in undertaking
a coup detat
iii. Any person not in the government service who
participates, supports, abets, or aids in undertaking a coup
detat

136 Conspiracy and Proposal to Commit Coup detat PM in minimum and fine 1. Merely agreeing and deciding to rise publicly and take arms against
Conspiracy and not to exceed P8,000 the government for the purposes of rebellion or merely proposing
Proposal to Commit the commission of said acts is already subject to punishment
Coup detat, Conspiracy to Commit Rebellion or Insurrection PC in maximum and fine 2. No conspiracy when there is no agreement and no decision to
Rebellion or not to exceed P5,000 commit rebellion
Insurrection
Proposal to Commit Rebellion or Insurrection PC in medium and fine
not to exceed P2,000

137 1. Offender is a public officer or employee PC in minimum 1. The crime of disloyalty of public officers presupposes the existence
Disloyalty of Public 2. Commits any of the following acts of disloyalty: of rebellion by other persons
Officers a. Failing to resist a rebellion by all the means in their power; 2. The offender under Article 137 must not be in conspiracy with the
b. Continuing to discharge the duties of their offices under the control of the rebels; rebels
c. Accepting appointment to office under them

138 1. Offender does not take arms or is not in open hostility against the government PM in minimum 1. Inciting to Rebellion Distinguished from Proposal
Inciting to Rebellion 2. He incites others to the execution of any of the acts of rebellion a. in both, the offender induces another to commit rebellion
3. The inciting is done by means of speeches, proclamations, writings, emblems, banners b. in proposal, person who proposes has decided to commit
or other representations tending to the same end rebellion; in inciting, it is not required that offender has
decided to commit rebellion
c. in proposal, person who proposes uses secret motive; in
inciting, the act is done publicly
2. Rebellion should not be committed
139 1. The offenders rise publicly and tumultuously PM in minimum and a fine 1. Sedition is the raising of commotions or disturbances in the state
Sedition 2. They employ force, intimidation, or other means outside of legal methods not exceeding P10,000 2. Sedition Distinguished from Rebellion
3. The offenders employ any of those means to attain any of the following objects: for the leader of sedition a. In both, there must be public uprising
a. To prevent the promulgation or execution of any law or the holding of any popular b. In sedition, it is sufficient that public uprising is
election PC in maximum and a tumultuous; in rebellion, there must be taking up of arms
b. To prevent the National Govt, or any provincial or municipal govt, or any public fine not exceeding P5,000 against the government
officer thereof from freely exercising its or his functions, or prevent the execution of for other persons c. In sedition, the purpose of offenders may be political or
any administrative order participating therein social; in rebellion, it is always political
c. To inflict any act of hate or revenge upon the person or property of any public 3. Sedition distinguished from treason treason is the violation by a
officer or employee subject of allegiance to sovereign; sedition is the raising of
d. To commit, for any political or social end, any act of hate or revenge against commotions or disturbances in the State
private persons or any social class; and 4. Public uprising and an object of sedition must concur
e. To despoil, for any political or social end, any person, municipality or province, or 5. Common crimes are not absorbed in sedition
the national govt of all its property or any part thereof

141 PC in medium and fine 1. There must be an agreement and a decision to rise publicly and
Conspiracy to not to exceed P2,000 tumultuously to attain any of the objects of sedition
Commit Sedition 2. There is no proposal to commit sedition

142 Different Acts Punished: PC in maximum and fine 1. Scurrilous low, vulgar, mean or foul
Inciting to Sedition 1. Inciting to Sedition to Accomplish any of its Objects: not to exceed P2,000 2. Uttering seditious words or speeches and writing, publishing or
a. Offender does not take direct part in the crime of sedition circulating scurrilous libels are punishable, when:
b. He incites others to the accomplishment of any of the acts which constitute a. they tend to disturb or obstruct any lawful officer in executing
sedition the functions of his office; or
c. The inciting is done by means of speeches, proclamation, writings, emblems, b. they tend to instigate others to cabal and meet together for
cartoons, banners, or other representations tending to the same end unlawful purposes; or
2. Uttering seditious words or speeches which tend to disturb the public peace c. they suggest or incite rebellious conspiracies or riots; or
3. Writing, publishing or circulating scurrilous libels against the government or any of the d. they lead or tend to stir up the people against the lawful
duly constituted authorities thereof, which tend to disturb the public peace authorities or to disturb the peace of the community, the safety
a. Offender does not take direct part in the crime of sedition and order of the government
b. Commits any of the following acts of sedition either 2 or 3 3. Knowingly concealing such evil practices is treated and punished as
that of the principal
4. Two rules relative to seditious words:
a. Clear and Present Danger Rule
b. Dangerous Tendency Rule

143 1. There be a projected or actual meeting of Congress or any of its committees or PC or a fine ranging from Chief of police and mayor who prevented the meeting of the municipal
A c t s Te n d i n g t o subcommittees, constitutional committees or divisions thereof, or of any provincial board P200 to P2,000 or both council are liable under Article 143, when the defect of the meeting is not
Prevent the Meeting or city or municipal council or board manifest and requires an investigation before its existence can be
of Congress 2. The offender who may be any person prevents such meeting by force or fraud determined

144 1. There be a meeting of Congress or any of its committees or subcommittees, A Mayor or a fine of P200 1. The complaint for disturbance of proceedings may be filed by a
Disturbance of constitutional commissions or committees or divisions thereof, or of any provincial board to P1,000 member of a legislative body
Proceedings of or city or municipal council or board 2. One who disturbs the proceedings of the congress my also be
Congress and Similar 2. The offender does any of the following acts: punished for contempt
Bodies a. He disturbs any of such meetings
b. He behaves while in the presence of any such bodies in such a manner as to
interrupt its proceedings or to impair the respect due it.

145 First Form PM 1. Parliamentary immunity does not protect members of the Congress
Violation of 1. The offender (any person) uses force, intimidation, threats or fraud. from responsibility before the legislative body itself
Parliamentary 2. The purpose of the offender is to prevent any member of Congress from: 2. It is sufficient that the offender, in using force, intimidation, threats,
Immunity a. Attending the meetings of Congress or any of its committees, etc.; or or frauds, has the purpose to prevent a member of Congress from
b. Expressing his opinion; or exercising any of his such prerogatives
c. Casting his vote
 Second Form PC
1. Offender is a public officer or employee
2. He arrests or searches any member of Congress
3. Congress, at the time of arrest or search, is in regular or special session
4. The member arrested or searched has not committed a crime punishable under the
Code by a penalty higher than prision mayor

146 1. Any meeting attended by armed persons for the purpose of committing any of the crimes PC in maximum to PM in 1. Persons present at the meeting must be armed in the first form of
Illegal Assemblies punishable under the code medium for organizers illegal assembly
a. there is a meeting, a gathering or group of persons, whether in a fixed place or or leaders of any meeting 2. But not all the persons present at the meeting of the 1st form of
moving under this article illegal assembly must be armed
b. that the meeting is attended by armed persons 3. The unarmed person merely present at the meeting of the 1st form
c. that the purpose of the meeting is to commit any of the crimes punishable under A Mayor unarmed of illegal assembly is liable
the code persons merely present 4. If any person present at the meeting carries an unlicensed firearm:
2. Any meeting in which the audience, whether armed or not, is incited to the commission a. It is presumed that the purpose of the meeting insofar as he is
of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his PC armed persons concerned, is to commit acts punishable under the Code; and
agents merely present b. He is considered a leader or organizer of the meeting
a. there is a meeting, a gathering or group of persons, whether in a fixed place or 5. Meeting includes a gathering or group, whether in a fixed place or
moving moving
b. the audience, whether armed or not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition or direct assault

Persons liable for illegal Assembly:

1. Organizers or leaders of the meeting
2. Persons merely present at the meeting

147 Illegal Associations: PC in minimum and Illegal Association distinguished from Illegal Assembly
Illegal Associations 1. Associations totally or partially organized for the purpose of committing any of the crimes medium and a fine not 1. In Illegal Association, it is not necessary that there be an actual
punishable under the Code exceeding P1,000 meeting; In illegal Assembly, it is necessary there is an actual
2. Associations totally or partially organized for some purpose contrary to public morals founders, directors, and meeting
presidents 2. In illegal associations, it is the act of forming or organizing and
Persons Liable for Illegal Association: A Mayor mere members membership in association that are punished; in Illegal Assembly, it
1. Founders, directors and president of the association of said association is the meeting and attendance at such meeting that are punished
2. Mere members of the association 3. In illegal associations, the persons liable are the founders, directors
and president and the members; In illegal assembly the person
liable are the organizers or leaders of the meeting, and persons
present at such meeting
148 Two Forms of Direct Assault and Their Requisites: PC in medium and 1. It does not seem that the offended party in the first form of direct
Direct Assaults 1. Without public uprising, by employing force or intimidation, for the attainment of any of maximum periods and a assault must be a person in authority or his agent
the purposes enumerated in defining the crimes of rebellion and sedition fine not exceeding P1,000 2. If the offended party is only an agent of a person in authority, the
a. the offender employs force or intimidation when the assault is force employed must be of SERIOUS character to be direct assault
b. the aim of the offender is to attain any of the purposes of the crime of rebellion or committed with a weapon 3. The force employed NEED NOT be serious when the offended party
any of the objects of crime of sedition or when the offender is a is a person in authority
c. there is no public uprising public officer or employee 4. The intimidation or resistance must be serious whether the offended
party is an agent only or he is a person in authority
2. Without public uprising, by attacking or employing force or by seriously intimidating or by PC in minimum period 5. The resist must be grave, therefore it must be active resistance
seriously resisting any person in authority or any of his agents, while engaged in the and a fine not exceeding 6. Intimidation must produce its effects immediately
performance of official duties, or on the occasion of such performance P500 no circumstances 7. To determine whether a certain public officer is a person in authority,
present the powers and duties vested in him by law should be determined
Simple Assault: 8. The status of person in authority being a matter of law, ignorance
a. the offender makes an attack, employs force, makes a serious intimidation, or thereof is no excuse
makes a serious resistance 9. Functions of the person in authority or his agent must be clearly
b. the person assaulted is a person in authority or his agent shown in the information
c. at the time of the assault the person in authority or his agent is engaged in the 10. When a person in authority or their agents descended to mattes
actual performance of official duties, or that he is assaulted by reason of the past which are private in nature, an attack made by one against the other
performance of official duties is not direct assault
d. the offender knows that the one he is assaulting is a person in authority or his 11. Even if the agent of a person in authority agrees to fight, it still
agent in the exercise of his duties constitutes direct assault
e. there is no public uprising 12. If a person in authority or his agent goes beyond the scope of the
respective powers of public officers, if they are fixed, then they are
Qualified Assault considered NOT in the performance of official duties
a. when the assault is committed with a weapon 13. Knowledge of the accused that the victim is a person in authority or
b. when the offender is a public officer or employee his agent is essential
c. when the offender lays hands upon a person in authority 14. Defendant must have the intention to defy the authorities
15. If is not necessary that the person in authority who was assaulted
Person in Authority any person directly vested with jurisdiction, whether as an individual was ACTUALLLY performing official duties
or as a member of some court or governmental corporation, board or commission, shall be 16. Evidence of motive is important when the person attacked or
deemed a person in authority seriously intimidated is NOT in the actual performance of his official
duty
Agent of Person in Authority one who, by direct provision of law, or by election or by 17. Where in the commission of direct assault, serious or less serious
appointment by competent authority, is charged with the maintenance of public order and the physical injuries are also inflicted, the offender is guilty of the
protection and security of life and property, such as a barrio vice-lieutenant, barrio complex crime of direct assault with serious or less serious physical
councilman and barrio policeman, and any person who comes to the aid of persons in injuries
authority 18. the crime of slight physical injuries is absorbed in direct assault

To be an agent of a person of authority, one must be charged with:

1. maintenance of public order; and
2. protection and security of life and property
Distinguish Direct Assault from Ordinary Assault:
a. Direct assault are crimes against public order; ordinary assaults are crimes against
persons
b. Direct assaults are triable by the Court of First Instance

149 1. A person in authority or his agent is the victim of any of the forms of direct assault PC in minimum and 1. Indirect assault can be committed only when a direct assault is also
Indirect Assaults defined in Article 148 medium periods and a committed
2. A person comes to the aid of such authority or his agent fine not exceeding P500 2. The offended party in indirect assault may be a private person
3. The offender makes use of force or intimidation upon such person coming to the aid of
the authority or his agent

150 Acts Punishable: A Mayor or a fine ranging 1. Article 150 applies only to disobedience WITHOUT legal excuse
Disobedience to 1. By refusing, without legal excuse, to obey summons of Congress, its special or standing from P200 to P1,000 2. Any of the acts punished by Article 150 may also constitute
Summons Issued by committees and subcommittees or divisions, or by any commission or committee any person who having contempt of Congress
Congress, its chairman or member authorized to summon witnesses been summoned 3. The court may take any action not amounting to a release of a
Committees, etc. 2. By refusing to be sworn or placed under affirmation while being before such legislative prisoner of Congress
or constitutional body or official Same penalty any 4. The power of inquiry, with process to enforce it, is an essential and
3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or person who shall induce appropriate auxiliary to the legislative functions
records in his possession, when required by them to do so in the exercise of their disobedience to a
functions summons or refusal to be
4. By restraining another from attending as a witness in such legislative or constitutional sworn by any such body
body
5. By inducing disobedience to a summons or refusal to be sworn by any such body or
official
151 Resistance and Serious Disobedience (Par.1): A Mayor and a fine not Paragraph 1:
Resistance and 1. A person in authority or his agent is engaged in the performance of official duty or gives exceeding P500 any 1. The juridical conception of the crime of resistance and disobedience
Disobedience to a a lawful order to the offender person shall resist or to a person in authority or his agents consists in a failure to comply
Person in Authority 2. The offender resists or seriously disobeys such person in authority or his agent seriously disobey any with orders directly issued by the authorities in the exercise of their
or Agents of Such 3. The act of the offender is not included in the provisions of Articles 148, 149, and 150 person in authority official duties
Person Simple Disobedience (Par. 2): 2. The person in authority must be in the actual performance of his
1. An agent of a person in authority is engaged in the performance of official duty or gives A Menor or a fine ranging official duties
a lawful order to the offender from P10 to P100 3. The disobedience contemplated consists in the failure or refusal to
2. The offender disobeys such agent of a person in authority disobedience to an agent obey a direct order from the authority or his agent
3. Such disobedience is not of a serious nature of a person in authority is 4. The accused must have knowledge that the person arresting him is
not of a serious nature a peace officer
Direct Assault Distinguished from Resistance or Serious Disobedience: 5. There is justified resistance when the accused had no right to make
1. In direct assault, the person in authority or his agent must be engaged in performance of the search
official duties or that he is assaulted by reason thereof, but in resistance, the person in
authority or his agent must be in actual performance of his duties Paragraph 2:
2. Direct assault (2nd form) is committed in 4 ways; Resistance is committed only by 6. The order must be lawful
resisting or seriously disobeying 7. If the disobedience to an agent of a person in authority is of a
3. In both, there is force employed, but the force in resistance is not so serious, as there is serious nature, the offender should be punished under par. 1 of
no manifest intention to defy the law; in direct assault it must be serious and deliberate; Article 151
4. When the one resisted is a person in authority, the use of any kind or degree of force will 8. When the attack or employment of force is not deliberate, the crime
give rise to direct assault; if no force is employed by the offender in resisting or is only resistance or disobedience
disobeying, the crime committed is resistance

153 Tumults and Other Disturbances of Public Order: A Mayor in medium to PC 1.
Tumults and Other 1. Causing any serious disturbance in a public place, office or establishment in minimum and a fine not 2.
Disturbances of 2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if exceeding P1,000
Public Order the act is not included in Articles 131 and 132 Penalty next higher in
3. Making any outcry tending to incite rebellion or sedition in any meeting, association or Degree person causing
public place any disturbance or 3.
4. Displaying placards or emblems which provoke a disturbance of public order in such interruption of a
place tumultuous character
5. Burying with pomp the body of a person who has been legally executed A Mayor person who
shall make any outcry
Outcry to shout subversive or provocative words tending to stir up the people to obtain by tending to incite rebellion
means of force or violence any of the objects of rebellion or sedition or sedition
A Menor and a fine not to 4.
Circumstances Qualifying the Disturbance or Interruption exceed P200 bury with
- if tumultuous in character pomp the body of a
person legally executed
Tumultuous the disturbance or interruption shall be deem as such if caused by more than
three persons who are armed or provided with means of violence
Serious disturbance must be planned or intended
If the act of disturbing or interrupting a meeting or religious
ceremony is not committed by public officers, or if committed by
public officers they are participants therein, Article 153 should be
applied
Inciting to Sedition or Rebellion distinguished from Public Disorder
It is necessary that offender should have done the act with the idea
aforethought of inducing his hearers or readers to commit the crime
of rebellion or sedition; 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
One who fired a submachine gun to cause disturbance, but inflicted
serious physical injuries on another, may be prosecuted for 2 crimes

154 Acts Punished as Unlawful Use of Means of Publication and Unlawful Utterances: A Mayor and fine ranging 1. It is not necessary that the publication of the false news actually
Unlawful Use of 1. Publishing or causing to be published, by means of printing, lithography or any other from P200 to P1,000 cased public disorder or caused damage to the interest or credit of
Means of Publication means of publication, as news any false news which may endanger the public order, or the State; the mere possibility of causing such danger or damage is
and Unlawful cause damage to the interest or credit of the State sufficient
Utterances 2. By encouraging disobedience to the law r to the constituted authorities or by praising, 2. The offender must know that the news is false
justifying or extolling any act punished by law, by the same means or by words, 3. If there is no possibility of danger to the public order or of causing
utterances or speeches damage to the interest or credit of the state by the publication of the
3. By maliciously publishing or causing to be published any official resolution or document false news
without proper authority, or before they have been published officially
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
155 Acts Punished as Alarms and Scandals: A Menor or a fine not 1. It is the result, not the intent that counts. The act must produce
Alarms and Scandals exceeding P200 alarm or danger as a consequence
1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public 2. The discharge of the firearm should not be aimed at a person,
place, calculated to cause (which produces) alarm or danger otherwise, the offense would fall under Article 254
2. Instigating or taking an active part in any charivari or other disorderly meeting offensive 3. Article 155 does not make any distinction as to the particular place
to another or prejudicial to public tranquility in the town or public place where the discharge of firearm, rocket,
3. Disturbing the public peace while wandering about at night or while engaged in any etc. is effected
other nocturnal amusements 4. The discharge of firecrackers or rockets during fiestas or festive
4. Causing any disturbance or scandal in public places while intoxicated or otherwise, occasion are not covered by this Article
provided Article 153 is not applicable 5. Disturbance of serious nature falls under Article 153
6. Charivari medley of discordant voices, a mock serenade of
discordant noises made on kettles, tins, horns, etc. designed to
annoy and incite

156 1. There is a person confined in a jail or penal establishment A Mayor in maximum to
Delivering Prisoners 2. The offender removes therefrom such person, or helps the escape of such person PC in minimum any
from Jail person who shall remove
from any jail any person
Qualifying Circumstance confined therein or shall
- What constitutes the qualifying circumstance is the offenders act of employing help escape of such
bribery as a means of removing or delivering the prisoner from jail, and not the person by means of
offenders act of receiving or agreeing to receive a bribe as a consideration fro violence, intimidation or
committing the offense bribery
Same Penalties in
Minimum if escape
should take place outside
of said establishment by
taking guards by surprise
1. Person may be under detention only or by final judgment
2. Hospital or asylum considered as an extension of jail or prison
3. Offender is usually an outsider
4. The guard of the jail, who is off duty, may be held liable for
delivering prisoner from jail
5. Violence, intimidation or bribery is not necessary
6. Employment of deceit is not an element of the offense
7. If the crime committed by the prisoner for which he is confined or
serving sentence is treason, murder or parricide, the act of taking
the place of the prisoner in the prison is that of an accessory and he
may be held liable as such, because he assists in the escape of the
principal
8. Prisoner is criminally liable for leaving the penal institution only
when there is evasion of a sentence

157 1. Offender is a convict by final judgment PC in medium and 1. The sentence must be by reason of final judgment
Evasion of Service of 2. He is serving his sentence which consists in deprivation of liberty maximum escape 2. This article is not applicable to sentence executed by deportation
Sentence 3. He evades the service of the sentence by escaping during the term of his sentence during term of 3. Escape flee from, to avoid, to get out of the way, as to flee to
imprisonment avoid arrest
Qualifying Circumstances: PC in maximum if it 4. Article 157 is applicable to sentence of destierro, since it consists in
1. by means of unlawful entry (by scaling); shall take with any of the a deprivation of liberty
2. by breaking doors, windows, gates, walls, roofs or floors; qualifying circumstances 5. Unlawful entry scaling or climbing the wall
3. by using picklocks, false keys, disguise, deceit, violence, or intimidation; or enumerated
4. thru connivance with other convicts or employees of penal institution

158 1. The offender is a convict by final judgment, who is confined in a penal institution Increase of 1/5 of time still 1. Offender must be a convict by final judgment
Evasion on Occasion 2. There is a disorder, resulting from: conflagration, earthquake, explosion, similar remaining to be served 2. The convict must leave the penal institution
of Disorders catastrophe, or mutiny in which he has not participated under the original 3. What is punished is not the leaving of the penal institution, but the
3. The offender evades the service of his sentence by leaving the penal institution where sentence, which in no failure of the convict to give himself up to the authorities within 48
he is confined, on the occasion of such disorder or during the mutiny case shall exceed six hours after the proclamation announcing the passing away of the
4. The offender fails to give himself up to the authorities within 48 hours following the months calamity
issuance of a proclamation by the chief executive announcing the passing away of such Deduction provided in 4. If offender fails to give himself up, he gets an increased penalty
calamity Article 98 if convict shall 5. If offender gives himself up he is entitle to a deduction of 1/5th of his
give himself up within 48 sentence
Mutiny organized unlawful resistance to a superior officer; a sedition or revolt; does not hours
include a riot or if prisoners disarmed the guards and escaped since they are not their
superior officers

159 1. Offender was a convict PC in minimum period if 1. The court cannot require the convict to serve the unexpired portion
Violation of 2. He was granted a conditional pardon by the Chief Executive penalty remitted does not of his original sentence if it does not exceed 6 years
Conditional Pardon 3. He violated any of the conditions of such pardon exceed 6 years 2. Violation of conditional pardon is not a substantive offense, because
the penalty for such violation is the unexpired portion of the
Conditional Pardon a contract between the Chief Executive, who grants the pardon, and Unexpired Portion of punishment in the original sentence
the convict, who accepts it Original Sentence if 3. Condition extends to special laws
penalty remitted is higher 4. Offender must be found guilty of subsequent offense before he can
than 6 years be prosecuted under Article 159
5. Offender can be arrested and re-incarcerated without trial
6. The period when convict was at liberty, not deducted in case he is
recommitted
7. Duration of the conditions subsequent is limited to the remaining
period of the sentence
160 Quasi-Recidivism Besides the provisions of 1. Second crime must be a felony; but the first crime for which the
Commission of 1. The offender was already convicted by final judgment of one offense Rule 5 Article 62, offender is serving sentence need not be a felony (could be under a
Another Crime 2. He committed a new felony before beginning to serve such sentence or while serving Maximum of penalty special law)
During Service of the same prescribed by law for the 2. Quasi-Recidivism cannot be offset by ordinary mitigating
Penalty Imposed for new felony circumstances
Another Previous Quasi-Recidivism Distinguished from Reiteracion reiteracion requires that the offender 3. A quasi-recidivist, who is not a habitual criminal, may be pardoned
Offense against who it is considered shall have served out his sentences for the prior offenses at the age of 70 years if he has already served out his original
sentence or when he shall complete it after reaching said age

161 Acts Punished: RT 1. The offense is not falsification of public document

Forging the Seal of 1. Forging the Great Seal of the Government of the Philippines 2. The President has custody and use of the Great Seal
the Govt, Signature 2. Forging the signature of the president 3. The signature of the President must be forged
or Stamp of the Chief 3. Forging the stamp of the president
Executive

162 1. That the Great Seal of the Republic was counterfeited or the signature or stamp of the P Mayor The offender under this article should not be the forger.
Using Forged Chief Executive was forged by another person
Signature or 2. The offender knew of the counterfeiting or forgery
Counterfeit Seal or 3. He used the counterfeit seal or forged signature or stamp
Stamp

163 1. There be false or counterfeited coins PM in minimum and 1. A coin is false or counterfeited if it is forged or if it is not authorized
Making and 2. The offender either made, imported or uttered such coins medium and a fine not to by the government as legal tender, regardless of its intrinsic value
Importing and 3. That in case of uttering such false or counterfeited coins, he connived with the exceed P10,000 silver 2. Former coins withdrawn from circulation may be counterfeited under
Uttering False Coins counterfeiters or importers coin of Philippines or coin Article 163
of CB 3. Kinds of coins the Counterfeiting of which is Punished:
Coin is a piece of metal stamped with certain marks and made current at a certain value PC in minimum and a. Silver coin of the Philippines or coin of the Central Bank of the
medium and a fine not to Philippines
Counterfeiting means the imitation of a legal or genuine coin; there must be an imitation exceed P2,000 minor b. Coin of minor coinage of the Philippines or of the Central Bank
of the peculiar design of a genuine coin coinage of the Philippines of the Philippines
or CB c. Coin of the currency of a foreign country
Import means to bring them into port PC in minimum and a fine
not to exceed P1,000
Utter means to pass counterfeited coins; includes their delivery or act of giving them away currency of foreign
country

164 Acts Punished: PC in minimum and a fine 1. Mutilation means to take off part of the metal either by filing it or
Mutilation of Coins 1. Mutilating coins of the legal currency, with further requirement that there be intent to not to exceed P2,000 substituting it for another metal of inferior quality; to diminish by
damage or to defraud another ingenuous means the metal in the coin
2. Importing or uttering such mutilated coins, with the further requirement that there must 2. The coin must be of legal tender in mutilation
be connivance with the mutilator or importer in case of uttering 3. Coins of foreign country not included

165 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the Penalty lower by one 1. Possession of or uttering false coin does not require that the
Selling of False or same, knowing that it is false or mutilated degree than that counterfeited coin is legal tender
Mutilated Coins, a. Possession prescribed in said articles 2. Constructive possession included
Without Connivance b. With intent to utter 3. Possession of counterfeiter or importer not punished as separate
c. Knowledge offense
2. Actually uttering such false or mutilated coins, knowing the same to be false and 4. Accused must have knowledge of the fact that the coin is false
mutilated 5. Punishable even if the offender was not in connivance with
a. Actually uttering counterfeiter or mutilator
b. Knowledge
166 Acts Punishable: RT in minimum and fine 1.
Forging Treasury or 1. Forging or falsification of treasury or bank notes or other documents payable to bearer not to exceed P10,000
Bank Notes or Other 2. Importation of such false or forged obligations or notes obligation or security of 2.
Documents Payable 3. Uttering of such false or forged obligations or notes in connivance with the forgers or Philippines
to Bearer importers P Mayor in maximum
period and a fine not to
Forging committed by giving to a treasury or bank note or any instrument payable to exceed P5,000
bearer or to order the appearance of a true and genuine document; to forge an instrument is circulating note issued by 2.
to make false instrument intended to be passed for the genuine one any banking association
duly authorized by law 3.
Falsification committed by erasing, substituting, counterfeiting, or altering by any means, P Mayor in medium and a
the figures, letters, words, or signs contained therein fine not to exceed P5,000 4.
issued by foreign govt
Importation means to bring them into the Philippines, which presupposes that the P Mayor in minimum and
obligations or notes are forged or falsified in a foreign country a fine not to exceed
P2,000 circulating note
Uttering means offering obligations or notes knowing them to be false or forged, whether or bill issued by foreign
such offer is accepted or not, with a representation, by words or actions, that they are bank duly authorized
genuine and with an intent to defraud therefore
Uttering forged bill must be with connivance to constitute a violation
of Article 166
Notes and other obligations and securities that may be forged or
falsified under Article 166:
a. Treasury or bank notes,
b. Certificates
c. Other obligations and securities, payable to bearer
A bank note, certificate or obligation and security is payable to
bearer when it can be negotiated by mere delivery
Penalties depend upon the kind of forged treasure or bank notes or
other documents
Forgery is Committed: (Article 169)
a. By giving to a treasury or bank note or any instrument payable
to bearer or to order mentioned therein, the appearance of a
true and genuine document
b. By erasing, substituting, counterfeiting, or altering by any
means the figures, letters, words, or sign contained therein

Obligation or Security all bonds, certificates of indebtedness, national bank notes,

coupons, treasury notes, fractional notes, certificates of deposits, bills, checks, drafts for
money, and other representatives of value under any act of Congress

167 1. There be an instrument payable to order or other document of credit not payable to PC in medium and 1. Application of this article is limited to instruments payable to order
Counterfeiting bearer maximum and a fine not 2. It includes such instruments or document of credit issued by a
Instruments Not 2. The offender either forged, imported or uttered such instrument to exceed P6,000 foreign government or bank
Payable to Bearer 3. In case of uttering, he connived with the forger or importer 3. Connivance is not required in uttering if the utterer is the forger

168 1. That any treasury or bank not or certificate or other obligation and security payable to Penalty next lower in 1. Intent to posses is not intent to use
Illegal Possession bearer, or any instrument payable to order or other document of credit not payable to degree than that 2. Possession of false treasury or bank notes alone is not a criminal
and use of False bearer is forged or falsified by another person prescribed in said articles offense
Treasury or Bank 2. The offender knows that any of those instruments is forged or falsified 3. Accused must have knowledge of forged character of the note
Notes and Other 3. He performs any of these acts: 4. A person in possession of falsified document and who makes use of
Instruments of Credit a. using any of such forged or falsified instruments the same is presumed to be material author of falsification
b. possessing with intent to use any of such forged or falsified instruments 5. It is not an impossible crime when the act performed would have
been a crime of illegal possession of false treasury notes

170 1. That there be a bill, resolution or ordinance enacted or approved or pending approval by PC in maximum and a 1. Bill, resolution or ordinance must be genuine
Falsification of either House of the Legislature or any provincial board or municipal council fine not to exceed P6,000 2. Offender is any person
L e g i s l a t i v e 2. The offender alters the same 3. The act of falsification in legislative document is limited to altering it
Documents 3. He has no proper authority therefore which changes its meaning
4. The alteration has changed the meaning of the document
171 1. Offender is a public officer, employee or notary public P Mayor and a fine not to 1. In falsification by making alteration or intercalation or including in a
Falsification by 2. He takes advantage of his official position exceed P5,000 first copy a different statement, there must be a genuine document that
Public Officer, a. He has duty to make or to prepare or otherwise intervene in the preparation of the paragraph is falsified; in other paragraphs, falsification may be committed by
Employee, or Notary document; or simulating or fabricating a document
or Ecclesiastical b. He has the official custody of the document which he falsifies Same penalty 2. Paragraph 1
Minister 3. That he falsifies a document by committing any of the following acts: ecclesiastical minister a. Counterfeiting imitating any handwriting, signature or rubric
a. counterfeiting or imitating (feigning) any handwriting, signature or rubric b. Feigning simulating a signature, handwriting or rubric out of
i. that there be an intent to imitate, or an attempt to imitate one which does not in fact exist
ii. that the 2 signatures or handwritings, the genuine and the forged, bear some 3. Paragraph 2 when committed by a private individual, Article 172
resemblance to each other should apply
b. causing it to appear that persons have participated in any act or proceeding when 4. Paragraph 4
they did not in fact so participate a. There must be a narration of facts, not of conclusion of law
i. the offender caused it to appear in a document that a person(s) participated b. Legal Obligation there is a law requiring the disclosure of the
in an act or proceeding truth of the facts narrated
ii. That such person(s) did not in fact so participate in the act or proceeding c. Person making the narration of facts must be aware of the
c. Attributing to person who have participated in an act or proceeding statements falsity of the facts narrated by him
other than those in fact made by them d. Perversion of truth must be made with the wrongful intent of
i. that a person(s) participated in an act or proceeding injuring 3rd person
ii. that such person(s) made statements in that act or proceeding e. Wrongful intent not essential when the document falsified is a
iii. that the offender, in making the document, attributed to such person(s) public document
statements other than those in fact made by such person(s) f. Good faith is a defense
d. Making untruthful statements in a narration of facts g. Falsification by omission is punishable
i. that the offender makes in a document statements in a narration of facts 5. Paragraph 5 Date must be essential
ii. that he has a legal obligation to disclose the truth of the facts narrated by 6. Paragraph 7
him a. liability of private individual when there is conspiracy same
iii. that the facts narrated by the offender are absolutely false as public officer
e. Altering true dates b. Intent to gain or prejudice not necessary
f. Making any alteration or intercalation in a genuine document which changes its
meaning
i. that there be an alteration (change) or intercalation (insertion) on a
document
ii. that it was made a genuine document
iii. that the alteration or intercalation has changed the meaning of the document
iv. that the change made the document speak something false
g. Issuing in authenticated form a document purporting to be a copy of any original
document when no such original exists, or including in such copy a statement
contrary to, or different from that of the genuine original
h. Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry or official book.
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 falsification may affect the
civil status of persons
172 Acts Punished and Their Requisites: PC in medium and Paragraph 1
Falsification by maximum and a fine of 1. Four Kinds of Documents
Private Individuals 1. Falsification of public, official or commercial document by a private individual not more than P5,000 a. Public Document created, executed or issued by a public
and use of Falsified a. that the offender is a private individual or a public officer or employee who did not official in response to exigencies of public service, or in
Documents take advantage of his official position execution of which a public official intervened
b. that he committed any of the acts of falsification enumerated in Article 171 b. Official Document issued by a public official in exercise of
c. that the falsification was committed in a public or official or commercial document the functions of his office
c. Private Documents deed or instrument executed by a
2. Falsification of private document by any person private person without the intervention of notary public or
a. that the offender committed any of the acts of falsification, except those in other person legally authorized, by which document some
paragraph 7, enumerated in Article 171 disposition or agreement is proved, evidenced or set forth
b. that the falsification was committed in any private document d. Commercial Documents defined and regulated by the Code
c. that the falsification caused damage to a third party or at least the falsification was of Commerce or any other commercial law
committed with intent to cause such damage 2. Mere blank form of official document is not in itself a document
3. Possessor of a certificate of tile is presumed to be the author of the
3. Use of falsified document falsification that made possible the transfer of title
Introducing in Judicial Proceeding: 4. Possessor of falsified document is presumed to be author of
a. that the offender knew that a document was falsified by another person falsification
b. that the false document is embraces in Article 171 or in any subdivision no 1 or 2 5. Good faith is a defense
or Article 172 Paragraph 2
c. that he introduced said document in evidence in any judicial proceeding 1. Mere falsification is not enough; requires:
a. he must have counterfeited the false document
Use in Any Other Transaction: b. he must have performed an independent act which operates
a. that the offender knew that a document was falsified by another person to prejudice 3rd person
b. that the false document is embraced in Article 171 or in any of subdivision no. 1 or 2. Damage need not be material
2 of Article 172 3. not necessary that offender profited or hope to profit by falsification
c. that he used such document (not in judicial proceedings) 4. Falsification may be a necessary means to commit other crimes
d. that the use of the false documents caused damage to another or at least it was a. no complex crime of estafa thru falsification of private
used with intent to cause such damage document
b. no falsification thru reckless imprudence if document is private
and no actual damage is caused
c. crime is falsification of public document, even if falsification
took place before the private document becomes part of public
records
Generally, falsification has no attempted or frustrated stage
Paragraph 3
1. Damage not necessary in crime of introducing in judicial
proceedings; Intent to cause damage, at least, is required in use of
falsified document in proceeding not judicial
2. User deemed author of falsification if
a. the use was so closely connected in time with falsification
b. the user had the capacity of falsifying the document

173 Acts Punishable PC in medium and 1. Private individual cannot be a principal by direct participation in
Falsification of 1. Uttering fictitious wireless, telegraph or telephone message maximum falsification falsification of telegraphic dispatches
Wireless, Cable, a. That the offender is an officer or employee of the government or of a private Penalty next lower in 2. Private individual may be held liable as principal by inducement in
Te l e g r a p h a n d corporation, engaged in the service of sending or receiving wireless, cable or degree use of such falsification of telegraph dispatches or telephone messages
Telephone Messages telephone message falsified dispatch
b. That the offender commits any of the following acts:
i. uttering fictitious wireless, cable, telegraph or telephone message
ii. falsifying wireless, cable, telegraph or telephone message
2. Falsifying wireless, telegraph or telephone message
* same as above
3. Using such falsified message
a. that the accused knew that wireless, cable, telegraph, or telephone message was
falsified by any of the person specified in the 1st paragraph of Article 173
b. that the accused used such falsified dispatch
c. that the use of the falsified dispatch resulted in the prejudice of a 3rd party, or that
the use thereof was with intent to cause such prejudice

174 Persons Liable: A Mayor in Maximum to 1. Certificate any writing by which testimony is given that a fact has
Falsification of 1. Physician or Surgeon must refer to illness or injury of a person; called False Medical PC in minimum and a fine or has not taken place
Medical Certificates, Certificate by a Physician not to exceed P1,000 2. Falsification of certificate of large cattle is now covered by Article
Certificates of Merit 2. Public Officer includes merit,, service, good conduct or similar circumstances; called 171 or 172 and not 174
or Service False Certificate of Merit or Service by a Public Officer
 3. Private Individual False Medical Certificate by a Private Individual or False A Mayor
Certificate of Merit by a Private Individual

175 1. That the physician or surgeon had issued a false medical certificate, or a public officer A Menor
Using False had issued a false certificate of merit or service, good conduce or similar circumstance,
Certificates or a private person had falsified any of said certificates
2. that the offender knew that the certificate was false
3. that he used the same

176 Acts Punished: PC in medium and 1. Implements confiscated need not form a complete set
Mnftg and 1. Making or introducing in to the Philippines any stamps, dies, marks or other instruments maximum and a fine not 2. Also punished constructive possession
Possession of or implements for counterfeiting or falsification to exceed P10,000
Implements for 2. Possessing with intent to use the instruments or implements for counterfeiting or Penalty next lower in
Falsification falsification made in or introduced into the Philippines by another person degree

177 Two Ways of Committing the Crime: PC in minimum and 1. There must be positive, express and explicit representation
Usurpation of 1. By knowingly and falsely representing oneself to be an officer, agent or representative of medium periods 2. The offender should have represented himself to be an officer,
Authority or Official any department or agency of the Philippine Government or any foreign government agent or representative of any department or agency of the
Functions - In usurpation of authority, the mere act of knowingly and falsely representing government; or should have performed an act pertaining to a person
oneself to be an officer, etc. is sufficient; it is not necessary that he performs an act in authority or public officer
pertaining to a public officer 3. False representation may be shown by acts
2. By performing any act pertaining to any person in authority or public officer of the 4. Article 177 may be violated by a public officer
Philippine Government or of a foreign government or any agency thereof, under 5. Article 177 does not apply to occupant under color of title
pretense of official position, and without being lawfully entitled to do so 6. Article 177 punishes usurpation of authority or official functions of
- In usurpation of official functions, it is essential that the offender should have any officer of any foreign government
performed an act pertaining to a person in authority or public officer, in addition to 7. The act performed, without the offender being lawfully entitled to do
other requirements so, must pertain to the government, or to any person in authority, or
to any public officer

178 Using Fictitious Name: A Mayor and a fine not to 1. If the purpose is for causing damage, it must be damage to public
Using Fictitious 1. The offender uses a name other than his real name exceed P500 use of interest
Name and 2. He uses that fictitious name publicly fictitious name 2. Signing a fictitious name in an application for passport is publicly
C o n c e a l i n g Tr u e 3. The purpose of the offender is to conceal a crime, to evade the execution of a judgment, using such fictitious name
Name or to cause damage to public interest A Menor and a fine not to 3. Where a person takes the place of another who has been convicted
Concealing True Name: exceed P200 conceal by final judgment, he is guilty of using a fictitious name punishable
1. That the offender conceals his true name and all other circumstances true name under this Article
2. That the purpose is only to conceal his identity 4. Fictitious Name any other name which a person publicly applies to
himself without authority of law
Distinction Between Use of Fictitious Name and Concealing True Name: 5. Com Act No. 142 regulates the use of aliases
1. In use, the element of publicity must be present; in concealing true name, that element is
not necessary
2. The purpose of use of fictitious name is any of those 3 enumerated; in concealing true
name, it is merely to conceal identity

179 1. That the offender makes use of insignia, uniform or dress A Mayor 1. Wearing the uniform of an imaginary office is not punishable
Illegal Use of 2. That the insignia, uniform or dress pertains to an office not held by the offender or to a 2. An exact imitation of a uniform or dress is unnecessary
Uniforms or Insignia class of persons of which he is not a member
3. That said insignia, uniform or dress is used publicly and improperly

180 1. That there be a criminal proceeding RT if the defendant shall 1. Penalty for false testimony against the defendant in a criminal case
F a l s e Te s t i m o n y 2. That the offender testifies falsely under oath against the defendant therein have been sentenced to depends upon the sentence imposed on the person against whom
Against a Defendant 3. That the offender who gives false testimony knows that it is false death the false testimony was given
4. that the defendant against whom the false testimony is given is either acquitted or PM if defendant shall 2. Defendant must be sentenced at least to a correctional penalty, or a
convicted in a final judgment have been sentenced to fine, or must be acquitted
RT or Perpetua 3. Witness who gave false testimony is liable even if his testimony was
False Testimony committed by a person who, being under oath and required to testify as A Mayor if defendant shall not considered by the court
to the truth of a certain matter at a hearing before a competent authority, shall deny the truth have been sentenced to 4. The law intends to punish the mere giving of false testimony
or say something contrary to it correctional penalty or a
fine, or shall have been
Nature of Crime of False Testimony particularly odious when committed in judicial acquitted
proceedings, as it constitutes an imposition upon the court and seriously exposes it to a
miscarriage of justice
181 Nature of the Crime False testimony favorable to the defendant is equally repugnant to A Mayor in max to PC in 1.
F a l s e Te s t i m o n y the orderly administration of justice minimum and a fine not to 2.
Favorable to exceed P1,000 if
Defendant False testimony is punished because of its tendency to favor or to prejudice the defendant prosecution is for a felony 3.
punishable by an afflictive
penalty
A Mayor in any other
case
False testimony by negative statement is in favor of defendant
The false testimony favorable to the defendant need not benefit the
defendant
Rectification made spontaneously after realizing the mistake is not
false testimony

182 1. That the testimony must be given in a civil case PC in minimum and a fine 1. The testimony given in civil case must be false
False Testimony in 2. That the testimony must relate to the issues presented in said case not to exceed P6,000 2. Article 182 is not applicable when the false testimony is given in
Civil Cases 3. That the testimony must be false special proceedings
4. That the false testimony must be given by the defendant knowing the same to be false A Mayor in max to PC in 3. Penalty depends on amount of the controversy
5. That the testimony must be malicious and given with an intent to affect the issues minimum and fine not to a. PC in minimum and a fine not to exceed P6,000 if amount in
presented in said case exceed P1,000 controversy shall exceed P5,000
b. A Mayor in max to PC in minimum and fine not to exceed
P1,000 if amount in controversy shall not exceed said
amount or cannot be estimated

183 1. Two ways of Committing Perjury A Mayor in maximum to 1. There must be competent proof of materiality
False Testimony in a. By falsely testifying under oath; and PC in minimum 2. Distinguish:
Other Cases and b. By making a false Affidavit a. Material when it is directed to prove a fact in issue
Perjury in Solemn 2. Elements of Perjury b. Relevant when it tends in any reasonable degree to
Affirmation a. That the accused made a statement under oath or executed an affidavit upon a establish the probability or improbability of a fact in issue
material matter c. Pertinent when it concerns collateral matters which make
b. That the statement or affidavit was made before a competent officer, authorized to more or less probable the proposition at issue
receive and administer oath 3. If the false testimony given by the witness Is not important, essential
c. That in the statement or affidavit, the accused made a willful and deliberate or material to the principal matter under investigation, it cannot
assertion of a falsehood; and properly be held that perjury is committed
d. That the sworn statement or affidavit containing the falsity is required by law 4. No perjury if defendant subscribed and swore before a clerk in
treasurers office since clerk in not a competent person authorized
Oath any form of attestation by which a person signifies that he is bound in conscience to to administer oaths
perform an act faithfully and truthfully 5. The assertion of falsehood must be willful and deliberate
Affidavit sworn statement in writing; a declaration in writing, made upon oath before an 6. Good faith or lack of malice is a defense in perjury
authorized magistrate or officer 7. Even if there is no law, requiring the statement to be made under
oath, as long as it is made for a legal purpose, it is sufficient
Material Matter it is the main fact which is the subject of the inquiry or any circumstance 8. Two contradictory sworn statements are not sufficient to convict of
which tends to prove that fact, or any fact or circumstance which tends to corroborate or perjury
strengthen the testimony relative to the subject of inquiry, or which legitimately affects the 9. Subornation of Perjury committed by a person who knowingly and
credit of any witness who testifies willfully procures another to swear falsely and the witness suborned
does testify under circumstances rendering him guilty
Competent Person Authorized to Administer Oath a person who has a right to inquire
into the questions presented him upon matters under his jurisdiction

184 1. That the offender offered in evidence a false witness or false testimony Respective penalties 1. Even if there was conspiracy between false witness and party who
Offering False 2. That he knew the witness or the testimony was false provided in this section presented him, the witness having desisted before he could testify
Te s t i m o n y in 3. That the offer was made in a judicial or official proceeding on any material matter, he is NOT liable, because desistance during
Evidence the attempted stage of execution is an absolutory cause which
Offer of Evidence begins the moment a witness is called to the witness stand and exempts him from criminal liability
interrogated by counsel 2. Article 184 applies when the offender does not induce a witness to
testify falsely
185 1. By soliciting any gift or promise as a consideration for refraining from taking part in any PC in minimum period 1. Crime is consummated by mere solicitation
Machinations, public auction and a fine ranging from 2. Other artifice includes the use of trickery
Monopolies, and a. That there be a public auction 10% to 50% of the value 3. An attempt to cause prospective bidders to stay away from an
Combinations b. That the accused solicited any gift or promise from any of the bidders of the thing auctioned auction by means of threats, gifts, etc, with the intent that the thing
c. That such gift or promise was the consideration for his refraining from taking part auctioned should command a lesser price, is sufficient to constitute
in that public auction an offense
d. That the accused had the intent to cause the reduction of the price of the thing 4. The threat need not be effective nor the offer or gift accepted for the
auctioned crime to arise
2. By attempting to cause bidders to stay away from an auction by threats, gifts, promises 5. Reason for the Provision: execution sales should be opened to free
or any other artifice and full competition in order to secure the maximum benefit for the
a. That there be a public auction debtors
b. That the accused attempted to cause the bidders to stay away from the public
auction
c. That is was done by threats, gifts, promises or any other artifice
d. That the accused had the intent to cause the reduction of the price of the thing
auctioned

186 Acts Punished as Monopolies: PC in minimum or a fine 1. The theory in penalizing monopolies and combinations in restraint of
Monopolies and 1. Combination to prevent free competition in the market ranging from P200 to trade is that competition, not combination, should be the law of
Combinations in - by entering into any contract or agreement or taking part in any conspiracy or P6,000, or both trade
Restraint of Trade combination in the form of a trust or otherwise, in restraint of trade or commerce or 2. Any property possessed under any contract or combination
to prevent by artificial means free competition in the market contemplated in this article, shall be forfeited to the Government
2. Monopoly to restrain free competition in the market 3. The law intends to punish the mere conspiracy or combination at
- by monopolizing any merchandise or object of trade or commerce, or by combining which it is aimed
with any other person(s) to monopolize said merchandise or object in order to alter 4. If the offense affects any food substance, motor fuel or lubricants or
the prices thereof by spreading false rumors or making use of any other artifice to other article of prime necessity, it is sufficient for the imposition of
restrain free competition in the market the higher penalty that the initial steps have been taken toward
3. Manufacturer, producer, or processor or importer combining, conspiring or agreeing with carrying out the purposes of combination
any person to make transactions prejudicial to lawful commerce or to increase the 5. When the offense is committed by a corporation or association, the
market price of merchandise president and directors or managers are liable as principals thereof;
a. Person Liable manufacturer, producer, processor, or importer of any But the president and directors or managers are only liable if they:
merchandise or object of commerce a. knowingly permitted, or
b. Crime Committed by combining, conspiring, or agreeing with any person b. failed to prevent the commission of such offense
c. Purpose to make transactions prejudicial to lawful commerce, or to increase the
market price of any merchandise or object of commerce manufactured, produced,
processed, assembled or imported into the Philippines

187 1. That the offender imports, sells, or disposes of any of those articles or merchandise PC or a fine ranging from 1. Articles of merchandise involved: gold, silver, other precious metals,
Importation and 2. The stamps, brands, or marks of those articles of merchandise fail to indicate the actual P200 to P1,000 or their alloys.
Disposition of Falsely fineness or quality of said metals or alloys 2. Selling the misbranded articles is not necessary
Marked Articles 3. The offender knows that stamps, brands, or marks fail to indicate the actual fineness or 3. Article 187 does not apply to manufacturer of misbranded articles
quality of the metals or alloys made of gold, silver, etc.

188 Acts Punishable: PC in minimum or a fine 1. The trade name, etc. used by the offender need not be identical with
Substituting and 1. By substituting the trade name or trademark of some other manufacturer or dealer, or a ranging from P500 to the infringed trade name, etc of the offended party; a colorable
Altering Trademarks, colorable imitation thereof, for the trade name or trademark of the real manufacturer or P2,000 or both imitation is sufficient
Trade dealer upon any article of commerce and selling the same 2. There must not be differences which are glaring and striking to the
names, or Service 2. By selling or by offering for sale such articles of commerce, knowing that the trade name eye
marks or trademark has been fraudulently used 3. Mark any visible sign capable of distinguishing the foods
3. By using or substituting the service mark or some other person, or a colorable imitation (trademark) or service (service mark) of an enterprise and shall
of such mark, in the sale or advertising of his services include a stamped or marked container
4. By printing, lithographing, or reproducing trade name, trademark, or service mark of one 4. The trademarks function is to indicate the origin or ownership of the
person, or a colorable imitation thereof, to enable another person to fraudulently use the goods to which it is fixed
same, knowing the fraudulent purpose for which it is to be used 5. The objects of trademark are to point out distinctly the origin or
ownership of the article to which it is affixed, to secure to him, who
Trade Name name or designation identifying or distinguishing an enterprise has been instrumental in brining into market a superior article of
merchandise, the fruit of his industry and skill, and to prevent fraud
Trade Name Distinguished from Trademark and imposition
1. Trade name is used in trade to designate a particular business of certain individuals 6. It is not necessary that the goods of the prior user and the late user
considered as an entity; trademark is used to indicate the origin or ownership of the of the trademark are of the same categories
goods to which it is affixed 7. The trade name or trademark must be registered
2. Trade name, unlike trademarks, are not necessarily attached or affixed to the goods of 8. Trademark must not be merely descriptive or generic
the owner 9. The exclusive right to an originally valid trademark or trade name is
lost, if for some reason it loses its distinctiveness or has become
publici juris
189 Acts Punished: Penalty provided for in the 1. Mere offer for sale completes the commission of the crime
Unfair Competition, 1. By selling his goods, giving them the general appearance of the goods of another next preceding article 2. Evidence of actual fraudulent intent is not necessary
F r a u d u l e n t manufacturer or dealer (Unfair Competition) 3. The basis for penalizing unfair competition is that no one shall, by
Registration of Trade a. That the offender gives his goods the general appearance of the goods of another imitating or any unfair device, induce the public to believe that the
Name, trademark, or manufacturer or dealer goods he offers for sale are the goods of another, and thereby
service mark, b. That the general appearance is shown in the (a) goods themselves, or in the (b) appropriate to himself the value of the reputation which the other
F r a u d u l e n t wrapping of their packages, or in the (c) device or words therein, or (d) any other has acquired for the products or merchandise manufactured or sold
designation of Origin, feature of their appearance by him
and False c. That the offender offers to sell(s) those goods or gives other persons a chance or 4. The true test of unfair competition is whether certain goods have
Description opportunity to do the same with a like purpose clothed with an appearance which is likely to deceive ordinary
d. That there is actual intent to deceive public or defraud a competitor purchaser exercising ordinary care, and not whether a certain
2. By (a) affixing to his goods or using in connection with his services a false designation of limited class of purchaser with special knowledge not possessed by
origin, or any false description or representation, and (b) by selling such goods and the ordinary purchaser could avoid mistake by the exercise of this
services special knowledge
3. By procuring fraudulently from the patent office the registration of trade name, 5. Master is liable for acts of servant
trademark, or service mark 6. Infringement of Trademark or Tradename distinguished from Unfair
Competition
Smuggling or Illegal Importation: a. UC is broader and more inclusive
- requisites: b. In UC, the offended party has identified in the mind of the
1. that the merchandise must have been fraudulently or knowingly imported contrary to law public the goods he manufactures or deals in from those of
2. that the defendant, if he is not the importer himself, must have received, concealed, others; while in infringement, the offended party has identified
bought, sold or in any manner facilitated the transportation, concealment or sale of the a peculiar symbol/mark with his goods and thereby has
merchandise acquired a property right in such symbol/mark
3. that the defendant must be shown to have knowledge that the merchandise had been c. In UC, the offender gives his goods the general appearance of
illegally imported the goods of another manufacturer / dealer and sells the
same; while in infringement, the offender uses the trademark
or tradename of another manufacturer or dealer and sells his
goods on which the trademark is affixed
7. The use of duly stamped or marked containers is regulated

190 194 Repealed by Dangerous Drugs Act of 1972

195 199 Amended by PD 1602 Prescribing Stiffer Penalties in Illegal Gambling

196 Acts Punished: A Mayor in maximum to 1. The possession of any lottery ticket or advertisement is prima facie
Importation, sale and 1. By importing into the Philippines from any foreign place or port any lottery ticket or PC in minimum or a fine evidence of an intent to sell, distribute or use of the same
Possession of advertisement ranging from P200 to 2. If the defendant can establish that he did not know of the existence
Lottery Tickets or 2. By selling or distributing the name in connivance with the importer P2,000, or both of the lottery ticket, the presumption is destroyed
Ads 3. By possessing, knowingly and with intent to use, lottery tickets or advertisements importation or selling and 3. It is not necessary that the lottery tickets be genuine, as it is enough
4. By selling or distributing the same without connivance with the importer distributing that they be given the appearance of lottery tickets
A Menor or fine not 4. If the lottery tickets are counterfeit, they cannot give rise to the evil
exceeding P2,000 or both sought to be eradicated
possessing

197 Repealed by PD 483 Betting, Game-Fixing or Point-Shaving and Machinations in Sport

Contests

198 Acts Punishable: A Menor or fine not 1. Totalizer machine for registering and indicating the number and
Illegal Betting on 1. By betting on horse races during the periods NOT allowed by law exceeding P200, or both nature of bets made on horse races
Horse Races 2. Horse Races Prohibited on:
a. July 4th of every year
b. December 30th of every year
4. By maintaining or employing a totalizer or other device or scheme for betting on races or A Mayor or a fine from c. Any registration or voting days
realizing profit therefrom, during the periods not allowed by law P200 to P2,000, or both d. Holy Thursday and Good Friday
2. The race held on the same day and at the same place is punishable
as separate offenses
3. There is no liability if there is no betting or use of totalizer

199 Amended by PD 449 Cockfighting Law of 1974 A Menor or a fine not 1. Permitting gambling of any kind in cockpit is punished under the
Illegal Cockfighting Persons Liable: exceeding P200 or both same Decree
1. Any person who directly or indirectly participates in cockfighting, by betting money or 2. Spectators in a cockfight are not liable
other valuable things, or who organizes cockfights at which bets are made, on a day
other than those permitted by law
2. Any person who directly or indirectly participates in cockfights, by betting money or other
valuable things, or organizes such cockfights, at a place other than a licensed cockpit
200 1. That the offender performs an act(s) A Mayor and Public 1. Decency propriety of conduct; proper observance of the
Grave Scandal 2. That such act(s) be highly scandalous as offending against decency or good customs Censure requirements of modesty, good taste, etc.
3. That the highly scandalous conduct is not expressly falling within any other article of this 2. Customs established usage, social conventions carried on by
Code tradition and enforced by social disapproval of any violation thereof
4. That the act or acts complained of be committed in a public place or within the public 3. If the act(s) of the offender are punished under another article of this
knowledge or view code, Article 200 is not applicable
Grave Scandal consists of acts which are offensive to decency and good customs which, 4. The acts must be performed in a public place or within the public
having been committed publicly, have given rise to public scandal to persons who have knowledge or view
accidentally witnessed the same

201 Publicity is essential PM or a fine ranging from 1. The author of obscene literature is liable only when it is published
Immoral Doctrines, P6,000 to P12,000 or with his knowledge
O b s c e n e Moral conformity with the generally accepted standards of goodness or rightness in both 2. In every case, the editor publishing is liable
Publications and conduct or character 3. The test of obscenity is whether the tendency of the matter charged
Exhibitions, and Obscene something offensive to chastity, decency, delicacy as obscene is to deprave or corrupt those minds are open to such
Indecent Shows immoral influences, an d into who shads such a publication may fall
Those Liable: and also whether or not such publication or act shocks the ordinary
1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals and common sense of men as an indecency
2. Authors of obscene literature, published with their knowledge in any form, the editors 4. Mere nudity in pictures or paintings is not an obscenity
publishing such literature; and the owners/operators of the establishment selling the 5. Give Away should be read as distribute
same 6. Pictures with slight degree of obscenity not used for arts sake but
3. Thos who, in theaters, fairs, cinematographs, etc., exhibit indecent or immoral plays, for commercial purposes, fall under this Article
scenes, acts, etc. it being understood that the obscene literature or indecent or immoral 7. The object of the law is to protect the morals of the public
lays, etc. whether in live or in file, which are proscribed by virtue hereof 8. Disposition of articles to be forfeited in favor of the government
4. Those who shall sell, give away, or exhibit films, prints, engravings, sculptors, etc. which
are offensive to morals

202 Vagrants: A Menor or a fine not 1. Only par. 1 and 2 requires absence of visible means of support
Vagrants and 1. Any person having no apparent means of subsistence, who has physical ability to work exceeding P200 2. Mendicancy and abetting mendicancy are punished
Prostitutes and who neglects to apply himself to some lawful calling 3. Giving of alms thru organized agencies operation under the rules
2. Any person found loitering about public or semi-public buildings or places, or tramping or In case of recidivism, A and regulations of the Ministry of Public Information is not a violation
wandering about the country or the streets without visible means of support Mayor in medium to PC in of the Mendicancy Law
3. Any idle or dissolute person who lodges in houses of ill-fame; ruffians or pimps and minimum or a fine from 4. Dissolute lax, unrestrained, immoral
those who habitually associate with prostitutes P200 to P2,000 or both 5. Ruffians brutal, violent, lawless persons
4. Any person who, not being included in the provision of other articles of this Code, shall 6. Pimp one who provides gratification for the lust of others
be found loitering in any inhabited or uninhabited place belonging to another without any 7. Sexual intercourse is not absolutely necessary
lawful or justifiable purpose
Prostitute a woman who, for money or profit, habitually indulge in sexual intercourse or
lascivious conduct

203 1. Taking part in the performance of public functions in the Government, or performing in 1. The term public officers embraces every public servant from the
Who are Public said Government or in any of its branches public duties as an employee, agent or highest to the lowest
Officers subordinate official, of any rank or class; and 2. Temporary performance of public functions by a laborer makes him
2. That his authority to take part in the performance of public functions or to perform public a public officer
duties must be:
a. by direct provision of the law, or
b. by popular election
c. by appointment by competent authority
204 1. That the offender is a judge; PM and Perpetual 1. Judgment final consideration and determination of a court of
Knowingly Rendering 2. That he renders a judgment in a case submitted to him for decision Absolute Disqualification competent jurisdiction upon the matters submitted to it, in an action
Unjust Judgment 3. That the judgment is unjust (PAD) or proceeding
4. That the judge knows that his judgment is unjust 2. Unjust Judgment one which is contrary to law, or is not supported
by the evidence, or both
Misfeasance 3. An unjust judgment is rendered knowingly, when it is made
- improper performance of some act which might lawfully be done deliberately and maliciously
4. Sources of Unjust Judgment:
Malfeasance a. Error no liability for error in good faith
- performance of an act which ought NOT to be done b. Ill-will or Revenge
c. Bribery
Nonfeasance 5. There must be evidence that the judgment is unjust it cannot be
- omission of some act which ought to be performed presumed
6. Judgment must be contrary to law and not supported by evidence
7. There must be evidence that the judge knew that his judgment is
unjust

205 1. That the offender is a judge; A Mayor and Temporary 1. A manifestly unjust judgment is one so manifestly contrary to law,
Rendering Judgment 2. that he renders a judgment in a case submitted to him for decision Special Disqualification that even a person having a meager knowledge of the law cannot
Thru Negligence 3. That he judgment is manifestly unjust (TSD) doubt the injustice
4. That it is due to his inexcusable negligence or ignorance 2. Abuse of discretion or mere error of judgment, where there is not
proof or even allegation of bad faith, or ill motive, is not punishable

206 1. That the offender is a judge; A Mayor in minimum and 1. Interlocutory Order issued by court between commencement and
Rendering Unjust 2. That he performs any of the following acts: Suspension end of a suit or action and which decides some point/matter but
Interlocutory Order a. knowingly renders unjust interlocutory order or decree; or which, however, is not a final decision of matter in issue
2. Test in Determining: Does it leave something to be done in the trial
court with respect to the merits of the case?
b. renders a manifestly unjust interlocutory order or decree thru inexcusable Suspension a. if it does it is interlocutory
negligence or ignorance b. if it doesnt it is final

207 1. That the offender is a judge PC in minimum 1. Mere delay without is not a felony under this article
Malicious Delay in 2. That there is a proceeding in his court 2. Delay is Malicious the delay is cause by the judge with deliberate
the Admin of Justice 3. That he delays the administration of justice intent to inflict damage on either party in the case
4. That the delay is malicious

208 Acts Punishable: PC in minimum period 1. Negligence under this article is not merely lack of foresight or skill,
Dereliction of Duty in 1. By maliciously refraining from institution prosecution against violators of the law and suspension but neglect of duties of office by maliciously failing to move the
Prosecution of 2. By maliciously tolerating the commission of offenses prosecution and punishment of the delinquent
Offenses 2. Malice is an important element
Elements: 3. Officers of the Law includes all those of the prosecution who, by
1. That the offender is a public officer or officer of the law who has a duty to cause the reasons of the position held by them, are duty-bound to cause the
prosecution of, or to prosecute, offenses prosecution (includes Chief of Police and barrio lieutenant)
2. That there is dereliction of the duties of his office; that is, knowing the commission of the 4. Maliciously signifies deliberate intent
crime, he does not cause the prosecution of the criminal or knowing that a crime is about 5. Crime committed by the law-violator must be proved first before the
to be committed, he tolerates its commission person charged with dereliction can be made liable
6. RPC not applicable to revenue officers

209 Acts Punished: In addition to proper 1. Under first act, there must be DAMAGE to his client
Betrayal of Trust by 1. By causing damage to his client, either (a) by any malicious breach of professional duty, administrative action, PC 2. Under 2nd act, damage is NOT necessary
an Attorney or (b) by inexcusable negligence or ignorance in minimum or a fine 3. Under 3rd act, if the client consents to the attorneys taking the
Solicitor 2. By revealing any of the secrets of his client learned by him in his professional capacity ranging P200 P1,000 defense of the other party, there is no crime
3. By undertaking the defense of the opposing party in the same case, without the consent 4. Procurador Judicial a person who had some practical knowledge
of his first client, after having undertaken the defense of said first client or after having of law and procedure, but not a lawyer, and was permitted to
received confidential information from said client represent a party in a case before an inferior court
210 Acts Punishable in Direct Bribery: PM in medium and First Element:
Direct Bribery 1. By agreeing to perform, or by performing, in consideration of any offer, promise, gift or maximum and fine of not 3. Temporary performance of public functions is sufficient to constitute
present and act constituting a crime, in connection with the performance of his official less than value of gift and a person a public officer
duties not less than 3x value of 4. It is believed that it does not cover a private individual because the
gift, in addition to the additional penalty of STD has no practical application
2. By accepting a gift in consideration of the execution of an act which does not constitute penalty corresponding to
a crime, in connection with the performance of his official duty crime agreed upon and
S p e c i a l Te m p o r a r y Second Element:
3. By agreeing to refrain, or by refraining, from doing something which is his official duty to Disqualification (STD) if 1. Gift may be received by public officer himself or thru a 3rd person
do, in consideration of gift or promise the same crime should 2. Bribery exists:
have been committed and a. when the gift is offered voluntarily by a private person
Elements: if the act does not b. when the gift is solicited by a public officer and the private
1. That the offender be a public officer within scope of Article 203 constitute a crime and person voluntarily delivers it to the public officer
2. That the offender accepts an offer or a promise or receives a gift or present by himself or officer executed the act c. when the gift is solicited by a public officer, as the consideration
thru another for his refraining from the performance of an official duty and
3. That such offer or promise be accepted, or gift or present received by the public officer: the private person
a. with a view to committing some crime; or PC in medium and fine of 2. A promise of gift to a public officer who accepts such promise is
b. in consideration of the execution of an act which does not constitute a crime, but not less than 2x value of sufficient under 1st paragraph
the act must be unjust gift and STD if act shall 3. In 2nd paragraph, the gift must be ACCEPTED
c. to refrain from doing something which it is his official duty to do not have been 4. If the offer is not accepted, only the person offering the gift is
4. That the act which the offender agrees to perform or which he executes be connected accomplished criminally liable
with the performance of his official duties 5. The gift must have a value or be capable of pecuniary estimation
Prevaricacion (Art. 208) Distinguished from Bribery: Third Element:
1. Both are committed by refraining doing something which pertains to the official duty of 1. The act which the public officer agrees to perform must be
the officer connected with the performance of official duties
2. In bribery, the offender refrained from doing his official duty in consideration of a gift 2. It is not bribery if the act is in discharge of a mere moral duty
received or promised; while in crime of prevaricacion this element is NOT necessary 3. The fact that the act agreed to be performed is in excess of his
power, jurisdiction, or authority is no defense, EXCEPT: if act is so
foreign to duties of office as to lack even color of authority
4. In bribery, the gift or present must be given to the public officer to
corrupt him

211 1. That the offender is a public officer A Mayor, suspension in 1. The gift is usually given to the public officer in anticipation of future
Indirect Bribery 2. That he accepts gifts minimum and medium favor from the public officer
3. That the said gifts are offered to him by reason of his office and public censure 2. There must be a clear intention on the part of the public officer to
take the gift so offered and consider the same as his own property
Direct Bribery Distinguished from Indirect Bribery: No attempted or 3. Mere physical receipt unaccompanied by any other sign,
1. In both, the public officer receives a gift frustrated indirect bribery circumstance or act to show such acceptance is NOT sufficient to
2. In direct bribery, there is an agreement between the public officer and the giver; in lead the court to conclude that the crime of indirect bribery has been
indirect bribery, usually, no such agreement exists committed
3. In direct bribery, the offender agrees to perform or performs an act or refrains from doing 4. People vs. Pamplona (pg. 361) considered indirect bribery even if
something, because of the gift or promise; in indirect bribery, in is NOT necessary that there was a sort of agreement between public officer and giver;
the officer should do any particular act or even promise to do any act, as it is enough reason: the act executed by the accused was NOT unjust, therefore
that he accepts gifts offered to him by reason of his office it cannot be direct bribery

211-A 1. That the offender is a public officer or entrusted with law enforcement Penalty for offense which
Qualified Bribery 2. That the offender refrains from arresting or prosecuting an offender who has committed was not prosecuted first
a crime punishable by RP and/or death paragraph
3. That the offender refrains from arresting or prosecuting the offender in consideration of
any promise, gift or present Penalty of death if it is
the public officer who
asks or demands such gift
or present

212 1. That the offender offers or promises or gives gifts or presents to a public officer Same penalties imposed 1. Offender in this article is the giver or offeror
Corruption of Public 2. That the offers or promises are made or the gifts or presents given to a public officer, upon officer corrupted 2. The public officer sought to be bribed, is not criminally liable, unless
Officials under circumstances that will make the public officer liable for direct bribery or indirect except disqualification he accepts the gift or consents
bribery and suspension 3. Bribery is usually proved by evidence acquired in entrapment
213 Acts Punishable as Frauds Against Public Treasury: PC medium to PM 1. Public officer must act in his official capacity the public officer
Frauds Against the 1. By entering into any agreement with any interested party or speculator or making use of minimum, or a fine must have the duty to deal with any person with regard to furnishing
Public Treasury and any other scheme, to defraud the government, in dealing with any person with regard to ranging from P200 to supplies, etc.
Similar Offenses furnishing supplies, the making of contracts, or the adjustment or settlement of accounts P10,000, or both 2. The crime of frauds against public treasury is consummated by
relating to property or funds. merely entering into an agreement with any interested party or
2. By demanding, directly or indirectly, the payment of sums different form or larger than Provisions of speculator or by merely making use of any other scheme to defraud
those authorized y law, in the collection of taxes, licenses, fees, and other imposts. Administrative Code the government
3. By failing voluntarily to issue a receipt, as provided by law, for any sum of money when culprit is an officer 3. It is not necessary that the government is actually defrauded by
collected by him officially, in the collection of taxes, licenses, fees, and other imposts or employee of BIR or reason of the transaction.
4. By collecting or receiving, directly or indirectly, by way of payment or otherwise, things or BOC 4. It is sufficient that the government is actually defrauded by reason of
objects of a nature different from that provided by law, in the collection of taxes, licenses, the transaction.
fees, and other imposts 5. Mere demand for larger or different amount is sufficient to
consummate the crime
Elements of Frauds against Public Treasury: 6. Collecting officer must issue official receipts to be guilty of illegal
1. That the offender be public officer exactions
2. That he should have taken advantage of his office, that is, he intervened in the 7. When there is DECEIT in demanding greater fees than those
transaction in his official capacity prescribed by law, the crime committed is estafa and not illegal
3. That he entered into an agreement with any interested party or speculator or made use exaction.
of any other scheme with regard to furnishing supplies, the making of contracts, or the 8. Tax collector need not account for tax collected
adjustment or settlement of accounts relating to public property or funds 9. If a tax collector collected a sum larger than that authorized by law
4. That the accused had intent to defraud the government and spent all of them is guilty of 2 crimes;
a. Illegal exaction, for demanding a greater amount
Elements of Illegal Exaction: b. Malversation, for misappropriating the amount extracted
1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and 10. Officer or employee of BIR or BOC not covered by this article
other imposts
2. He is guilty of acts 2, 3 and 4 (above in Acts Punishable as Frauds Against Public
Treasury)

214 Elements of the Crime: In addition to the 1.
Other Frauds 1. That the offender is a public officer penalties prescribed in 2.
2. That he takes advantage of his official position the provisions of Chapter
3. That he commits any of the frauds or deceits enumerated in Articles 315 to 318 6, Title 10, Book 2 of this
Code, the penalty of TSD
in maximum to PSD
3.
The public officer must take advantage of his official position
Frauds and Deceits Enumerated in Chapter 6, Title 10, Book 2 of
this Code:
a. Estafa
b. Other Forms of Swindling
c. Swindling a Minor
d. Other Deceits
The RTC, and not the MTC, has jurisdiction when this article is
involved, regardless of amount or penalty involved because the
MTC has not jurisdiction to impose the penalty of disqualification

215 1. That the offender is an appointive public officer PC minimum or a fine 1. The transaction must be one of exchange or speculation
P r o h i b i t e d 2. That he becomes interested, directly or indirectly, in any transaction of exchange or ranging from P200 to 2. It is sufficient that the appointive officer has an interest in any
Transactions speculation P1,000, or both transaction of exchange or speculation
3. That the transaction takes place within the territory subject to his jurisdiction 3. Purchasing of stocks or shares in a company is simply an
4. That he becomes interested in the transaction during his incumbency investment and is not a violation of the article
4. Buying regularly securities for resale is speculation
Example of Appointive Public Officer: 5. Appointive officer should not devote himself to commerce
- justices, judges or fiscals, employees engaged in the collection and administration of public
funds

216 People Liable for Possession of Prohibited Interest: A Mayor medium period 1. Actual fraud is not necessary
Possession of 1. Public officer who, directly or indirectly, became interested in any contract or business in to PC minimum period, or 2. Intervention must be by virtue of public office held
Prohibited Interest by which it was his official duty to intervene. a fine ranging from P200 3. An officer who intervenes in contract or transaction which has no
a Public Officer 2. Experts, arbitrators, and private accountants who, in like manner, took part in any to P1,000, or both connection with his office CANNOT commit the crime defined in
contract or transaction connected with the estate or property in the appraisal, distribution Article 218
or adjudication of which they had acted
3. Guardians and executors with respect to the property belonging to their wards or estate
217 Embezzlement also called malversation PC in medium and 1. The offender in malversation under this article must be a public
Malversation of maximum if amount officer defined in Article 203
Public Funds or Acts Punishable in Malversation: does not exceed P200 2. Nature of the duties of the public officer, not name of office, is
Property 1. By appropriating public funds or property controlling
Presumption of - includes every attempt to dispose of the same without right PM minimum and medium 3. Funds or property must be received in official capacity
Malversation 2. By taking or misappropriating the same if amount is more than 4. When a public officer had no authority to receive the money for the
- the funds or property taken need not be misappropriated for it to be consummated P200 by not exceeding government and upon receipt if the same he misappropriated it, the
3. By consenting, or thru abandonment or negligence, permitting any other person to take P6,000 crime committed is estafa
such public funds or property 5. A public officer having only a qualified charge of government
- negligence must be positive and clearly shown to be inexcusable, approximating PM maximum to RT property without authority to part with physical possession of it
malice or fraud minimum, if amount more unless upon order from his immediate superior, cannot be held
4. By being otherwise guilty of the misappropriation or malversation of such funds or than P6,000 but less than liable for malversation (Webster and Wickersham rulings)
property P12,000 6. Webster and Wickersham cases not applicable when the accused
had authority to receive money pertaining to the government
Elements Common to All Acts of Malversation: RT medium and 7. A private person conspiring with an accountable public officer in
1. That the offender be a public officer maximum, if amount more committing malversation is also guilty of malversation
2. That he had the custody or control of funds or property by reason of the duties of his than P12,000 but less 8. Government funds include revenue funds and trust funds
office than P22,000 9. Private property may be involved in malversation
3. That those funds or property were public funds or property for which he was accountable 10. The measure of negligence is the standard of care commensurate
4. That he appropriated, took, misappropriated or consented or, thru abandonment or RT maximum to RP if with the occasion
negligence, permitted another person to take them amount exceeds P22,000 11. In malversation not committed thru negligence, lack of criminal
intent or good faith is a defense
12. Presumption from failure to have duly forthcoming public funds or
To be guilty of Malversation, Public officer must have: property upon demand: Prima Facie evidence that he has put such
1. The official custody of public funds or property or the duty to collect or receive funds due to personal use
the government, and 13. Presumption may be rebutted
2. The obligation to account for them to the government 14. The return of the funds is only mitigation, not exempting
circumstance
15. When a shortage is paid by the public officer from his pocket, he is
not liable for malversation
16. Borrowing money to replace funds malversation
17. Borrowing money to replace funds when missing amount is found
in some unaccustomed place, he is NOT liable
18. Previous demand is not necessary in malversation in spite of last
paragraph of Article 217
19. A person whose negligence made possible the commission of
malversation by another can be held liable as principle by
indispensable cooperation in complex crime of malversation thru
falsification of a public document by reckless negligence
20. Damage to the government is NOT necessary

218 1. That the offender is a public officer, whether in the service or separated therefrom PC in minimum, or fine 1. Demand for accounting is not necessary
Failure of 2. That he must be an accountable officer for public funds or property ranging from P200 to 2. Reason why Mere Failure to Render Account is Punishable:
Accountable Officer 3. That he is required by law or regulation to render accounts to the COA, or to a provincial P6,000, or both performance of the duty
to Render Accounts auditor 3. Misappropriation is not necessary in order to be liable under this
4. That he fails to do so for a period of two months after such accounts should be rendered article

219 1. That the offender is a public officer A Mayor or fine ranging The act of leaving the country must be unauthorized or not permitted by
Failure to Render 2. That he must be an accountable officer for public funds or property from P200 to P1,000, or law
Accounts before 3. That he must have unlawfully left (or be on the point of leaving) the Philippines without both
Leaving the Country securing from COA a certificate showing that his accounts have been finally settled

220 1. That the offender is a public officer PC minimum or a fine 1. The public finds or property must be appropriated by law or
Illegal Use of Public 2. That there is public fund or property under his administration ranging from to total ordinance for a particular purpose
Funds or Property 3. That such public fund or property has been appropriated by law or ordinance value of sum misapplied, 2. Illegal Use of Public Funds or Property Distinguished from
4. That he applies the same to a public use other than that for which such fund or property with TSD if damage or Malversation under Article 217:
has been appropriated by law or ordinance embarrassment resulted a. Both crimes offenders are accountable public officers
b. Illegal Use of Public Funds/Property offender does not
Fine from 5-50% of sum derive any personal gain or profit; Malversation offender in
misapplied if no certain cases profits from proceeds of crime
damage or c. Illegal Use public fund/property is applied to another public
embarrassment resulted use; Malversation public fund or property is applied to
personal use and benefit of offender or of another person
221 Acts Punishable: A Mayor and fine from Refusal to make delivery of property must be MALICIOUS.
Failure to Make 1. By failing to make payment by public officer who is under obligation to make such 5-25% of sum he failed to
Delivery of Public payment from Government funds in his possession pay
Funds or Property 2. By refusing to make delivery by a public officer who had been ordered by competent
authority to deliver any property in his custody or under his administration Under 2nd paragraph, Fine
shall be graduated by
Elements of Failure to Make Payment: value to thing, provided
1. That the public officer has government funds in his possession that it shall not be less
2. That he is under obligation to make payment from such funds than P50
3. That he fails to make the payment maliciously

222 Private Individuals Who May be Liable from Arts. 217-221: Provisions of this chapter 1. Purpose: to extend the provision of this Code on malversation to
Officers Included in 1. Private individuals who, in any capacity whatever, have charge of any national, shall apply private individuals
the Preceding provincial or municipal funds, revenue, or property 2. Sheriffs and receivers fall under the term administrator
Provisions 2. Administrator or depository of funds or property, attached, seized or deposited by pubic 3. Judicial administrator is not covered by this article
authority, even if such property belongs to a private individual 4. Private property is included, provided it is attached, seized, or
deposited with public authority

223 1. That the offender is a public officer PC medium and 1. Connivance with the prisoner in his escape is an indispensable
Conniving with or 2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by maximum and TSD element
Consenting to final judgment maximum to PSD 2. Detention Prisoner person in legal custody, arrested for, and
Evasion 3. That such prisoner escaped from his custody sentenced by final charged with, some crime or public offense
4. That he was in connivance with the prisoner in the latters escape judgment to any penalty 3. Release of detention prisoner who could not be delivered to the
Classes of Prisoners Involved: PC minimum and TSD judicial authority within the time fixed by law, is not infidelity in the
1. Fugitive sentenced by final judgment to any penalty fugitive not finally custody of the prisoner
2. Fugitive held only as detention prisoner for any crime or violation of law or municipal convicted but only held as 4. Leniency or laxity is not infidelity (e.g. prisoner allowed to eat in
ordinance detention prisoner restaurant near municipal building)
5. Relaxation of Imprisonment is considered infidelity

224 1. That the offender is a public officer A Mayor maximum to PC 1. The prisoner is either a convict by a final judgment or detention
Evasion Through 2. That he is charged with the conveyance or custody of a prisoner, either detention minimum and TSD prisoner
Negligence prisoner or prisoner by final judgment 2. What is punished invasion thru negligence is such a definite laxity
3. That such prisoner escapes thru his negligence as all but amounts to deliberate non-performance of duty on the part
of the guard (e.g. falling asleep, lack of adequate precautions)
Liability of Escaping Prisoner: 3. The fact that public officer recaptured the prisoner does not afford
1. Convict by reason of final judgment Article 157 complete exculpation
2. Detention Prisoner no liability

225 1. That the offender is a private person Penalty next lower in This article does not apply if a private person was the one who made the
Escape of Prisoner 2. That the conveyance or custody of a prisoner or person under arrest is confided to him degree than that arrest and consented to the escape of the person he arrested
under the Custody of 3. That the prisoner or person under arrest escapes prescribed for the public
a Person not a Public 4. That the offender consents to the escape of the prisoner or person under arrest, or that officer
Officer the escape takes place thru his negligence

226 1. That the offender be a public officer PM and fine not 3. Public officer must be officially entrusted with the documents or
Removal, Conceal- 2. That he abstracts, destroys or conceals documents or papers exceeding P1,000 papers
ment or Destruction 3. That the said documents or papers should have been entrusted to such public officer by serious damage 4. The document must be COMPLETE and one by which a right could
of Documents means of his office be established or an obligation could be extinguished
4. That damage, whether serious or not, to a third party or to the public interest should PC minimum and medium 5. Books, periodicals, pamphlets, etc. are not documents
have been caused and fine not exceeding 6. Papers includes checks, promissory notes, and paper money
P1,000 damage not 7. Post office official who retained the mail without forwarding to their
Acts Punishable in Infidelity in Custody of Documents: serious destination is guilty under this article.
1. Removing 8. Money bills received as exhibits in court are papers
2. Destroying 9. The removal must be for an illicit purpose
3. Concealing, documents or papers officially entrusted in the offending public officer 10. The removal is for an illicit purpose when intention is to
a. tamper with it, or
Infidelity in Custody of Document distinguished from Malversation and Falsification b. to profit by it; or
1. Malversation and Falsification when postmaster received money orders, signed as c. to commit an act constituting breach of trust in official care
payee, collected and appropriated the respective amounts thereof
2. Infidelity in Custody of Papers when postmaster receives letters/envelopes containing 11. Deemed consummated upon removal from or secreting away from
money orders, and MO are not sent to addressees, the postmaster cashing the same for usual place in the office and after offender had gone out and locked
his own benefit the door
12. Infidelity in custody by destroying or concealing it does not required
Document written instrument by which something is proved or made of record proof of illicit purpose
13. There must be damage, great or small
227 1. That the offender is a public officer PC minimum and 1. It is the breaking of the seals, not the opening of a closed envelope,
Officer Breaking Seal 2. That he is charged with the custody of papers or property medium, TSD and fine not which is punished
3. That these papers or property are sealed by proper authority exceeding P2,000 2. Damage or intent to cause damage is NOT necessary
4. That he breaks the seals or permits them to be broken

228 1. That offender is a public officer A Mayor, TSD and fine 1. Custody guarding; keeping safe; care
Opening of Closed 2. That any closed papers, documents, or objects are entrusted to his custody not exceeding P2,000 2. Closed documents must be entrusted to the custody of the accused
Documents 3. That he opens or permits to be opened said closed papers, documents or objects by reason of his office
4. That he does not have proper authority 3. The act should not fall under Article 227 (Breaking of Seal)
4. Damage or intent to cause damage NOT element

229 Elements of No. 1: PC medium and 1. Acts Punishable:

Revelation of Secrets 1. That the offender is a public officer maximum, PSD, and fine a. By revealing any secrets known to the offending public officer
by an Officer 2. That he knows a secret by reason of his official capacity not exceeding P2,000 by reason of his official capacity
3. That he reveals such secret without authority or justifiable reasons serious damage b. By delivering wrongfully papers or copies of his papers which
4. That damage, great or small, be cause to the public interest he may have charge and which should NOT be published
PC minimum, TSD, and 2. Secrets must affect public interests
Elements of No. 2: fine not exceeding P500 3. Espionage is not contemplated in this article
1. That the offender is a public officer not so serious 4. This article only punishes minor official betrayals, infidelities of little
2. That he has charge of papers consequence, affecting usually the administration of justice,
3. That those papers should not be published executive or official duties, or the general interest of the public order
4. That he delivers those papers or copies thereof to a 3rd person 5. Offender must have charge of papers or copies of papers
5. That the delivery is wrongful 6. Damage is an element under Article 229
6. That damage be caused to public interest
Revelation Distinguished from Infidelity:
1. Papers contain Secrets revelation
2. Papers do not contain Secrets - Infidelity

230 1. That the offender is a public officer A Mayor and fine not 1. Revelation to one person is sufficient, for public revelation is not
Public Officer 2. That he knows of the secrets of a private individual by reason of his office exceeding P1,000 required.
Revealing Secrets of 3. That he reveals such secrets without authority or justifiable reason 2. When the offender is an attorney at law or a solicitor, Article 209 is
Private Individual applicable and not 230
3. Damage to private individuals not necessary

231 1. That the offender is a judicial or executive officer A Mayor medium to PC The act constitution the crime is the open refusal to execute judgment,
Open Disobe-dience 2. That there is a judgment, decision or order of a superior authority minimum, TSD maximum, decision or order
3. That such judgment, decision or order was made within the scope of the jurisdiction of and fine not exceeding
the superior authority and issued with all legal formalities P1,000
4. That the offender without any legal justification openly refuses to execute the said
judgment, decision or order, which he is duty bound to obey

232 1. That the offender is a public officer PC minimum and medium 1. Reason for Provision: superior officer may sometimes err, or orders
Disobedience to 2. That an order is issued by his superior for execution and PSD may proceed from a mistaken judgment
Order of Superior 3. That he has for any reason suspended the execution of such order 2. The article does not apply if the order of the superior is illegal
Officer, When Said 4. That his superior disapproves the suspension of the execution of the order
Order was 5. That the offender disobeys his superior despite the disapproval of the suspension
Suspended by
Inferior Officer

233 1. That the offender is a public officer A Mayor medium to PC 1. Demand must be from a competent authority
Refusal of Assistance 2. That a competent authority demands from the offender that he land his cooperation minimum, PSD and fine 2. Damage to public interest is essential, great or small
towards the administration of justice or other public service not exceeding P1,000
3. That the offender fails to do so maliciously serious damage

A Mayor medium and

maximum, fine not
exceeding P500 not so
serious damage

234 1. That the offender is elected by popular election to public office. A Mayor or fine not 1. Refusal must be without legal motive
Refusal to Discharge 2. That he refuses to be sworn in or to discharge the duties of said office exceeding P1,000 or both 2. Reason for Provision: matter of duty to discharge duties of said
Elective Office 3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of office
said office 3. Article 234 NOT applicable to appointive officer
235 1. That the offender is a public officer or employee PC medium period to PM 1. The public officer must have actual charge of the prisoner to hold
Maltreat-ment of 2. That he has under his charge a prisoner or detention prisoner in minimum, in addition to him liable fro maltreatment of prisoner
Prisoners 3. That he maltreats such prisoner in either of the following manners: liability for physical 2. Offended party must be a convict or detention prisoner
a. by overdoing himself in the correction or handling of a prisoner or detention injuries or damages 3. To be detention prisoner, the person arrested must be placed in jail
prisoner under his charge either caused under paragraph even for a short while
i. by the imposition of punishments not authorized by the regulations, or 1 4. The maltreatment must relate to the correction or handling of the
ii. by inflicting such punishments (those authorized) in a cruel and humiliating prisoner, or must be for the purpose of extorting a confession or of
manner obtaining some information from the prisoner
5. If physical injuries were due to a personal grudge, it would not fall
under this article
6. Offender may also be liable for physical injuries or damage caused
7. No complex crime of maltreatment with serious or less serious
physical injuries

b. By maltreating such prisoner to extort a confession or to obtain some information PM in minimum, TSD and
from the prisoner fine not exceeding
P6,000, in addition to
liability for physical
injuries or damage
caused

236 1. That the offender is entitled to hold a public office or employment, either by election or Suspended until complied
Anticipation of Duties appointment with formalities and fine
of Public Office 2. That the LAW requires that he should first be sworn in and/or should first give a bond from P200-P500
3. He assumes performance of duties and powers of such office
4. That he has not taken his oath and/or given bond required

237 1. That the offender is holding a public office PC minimum, TSD Public officer who has been suspended, separated, declared overaged,
P r o l o n g i n g 2. That the period provided by law, regulations or special provisions for holding such office, minimum, and fine not or dismissed cannot continue to perform the duties of his office
Performance of has already expired exceeding P500
Duties and Powers 3. That he continues to exercise the duties and powers of such office

238 1. That the offender is a public officer A Mayor to detriment of 1. There must be a written or formal resignation
Abandonment of 2. That he formally resigns from his position public service 2. Abandonment Distinguished from Negligence in Prosecution of
Office or Position 3. That his resignation has not yet been accepted Offenses (Article 208):
4. That he abandons his office to the detriment of the public service PC minimum and a. Abandonment committed by any public officer; Article 208
medium, and A Mayor if committed by public officers who have the duty to institute
Qualifying Circumstance: to evade duty of prosecution for punishment of violation of the law
- preventing, prosecuting or punishing any of the crimes falling within Title One, and preventing, prosecuting or b. Abandonment public officer abandons office to evade
Chapter One of Title 3 of Book 2 (Crimes against National Security and Law of Nations punishing discharge of duties; Article 208 public officer does not
and Crimes against Public Order) abandon office

239 1. That the offender is a executive or judicial officer PC minimum, TSD, and
Usurpation of 2. That he makes general rules or regulations beyond the scope of his authority, or fine not exceeding P1,000
Legislative Powers attempts to repeal a law, or suspends the execution thereof

240 1. That the offender is a judge A Mayor in medium period Legislative officers are not liable for usurpation of powers only Article
Usurpation of 2. That he assumes a power pertaining to the executive authorities, or obstructs the to PC in minimum period 177 (Usurpation of authority or official functions)
Executive Functions executive authorities in the lawful exercise of their powers

241 1. That the offender is an officer of the executive branch of the government A Mayor medium to PC Articles 239-241 punish interference by officers of one of the 3
Usurpation of 2. That he assumes judicial powers, or obstructs the execution of any order or decision minimum departments of government with function of officers of another
Judicial Functions rendered by any judge within his jurisdiction department
242 1. That the offender is a public officer A Mayor and fine not
Disobeying Request 2. That a proceeding is pending before such public officer exceeding P500
for Disqualification 3. That there is a question brought before the proper authority regarding his jurisdiction,
which is not yet decided
4. That he has been lawfully required to refrain from continuing the proceeding

243 1. That the offender is an executive officer A Mayor, and fine note 1. Purpose of the provision is to maintain the independence of the
Orders or Requests 2. That he addressed any order or suggestion to any judicial authority exceeding P500 judiciary
by Executive Officer 3. That the order or suggestion relates to any case or business coming within the exclusive 2. Legislative or judicial officers are not liable under Article 243
to any Judicial jurisdiction of the courts of justice
Authority

244 1. That the offender is a public officer A Mayor and a fine not 1. The offense is committed by nominating or by appointing.
U n l a w f u l 2. That he nominates or appoints a person to a public office exceeding P1,000 2. Recommending is not a crime
Appointments 3. That such person lacks the legal qualifications therefore 3. There must be law that provides for the qualifications or a person to
4. That the offender knows that his nominee or appointee lacks the qualifications at the be nominated or appointed to a public office
time he made the nomination or appointment

245 1. That the offender is a public officer PC medium and 1. Solicit propose earnestly and persistently something unchaste and
Abuses Against 2. That he solicits or makes immoral or indecent advances to a woman maximum and TSD immoral to a woman
Chastity 3. That such woman must be: 2. The advances must be immoral or indecent
a. Interested in matters pending before the offender for decision, or with respect to 3. The crime is consummated by mere proposal
which he is required to submit a report to or consult with a superior officer; or 4. Proof of solicitation is not necessary when there is sexual
b. Under the custody of the offender who is a warden or other public officer directly intercourse
charged with the care and custody of prisoners or persons under arrest; or
c. The wife, daughter, sister or relative within the same degree by affinity of the
person in the custody of the offender

246 1. That a person is killed RP to Death 1. Relationship of the offender with the victim is the essential element
Parricide 2. That the deceased is killed by the accused of this crime
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a 2. Parents and children are not included in the term ascendants or
legitimate other ascendant or other descendent, or the legitimate spouse, of the accused descendants
3. The child should not be less than 3 days old, otherwise the crime is
Note: infanticide
1. Other ascendants or descendants must be legitimate 4. Spouse must be legitimate
2. Father, mother, or child may be legitimate or illegitimate 5. Relationship must be alleged
6. There is crime of parricide thru reckless imprudence
7. There is also parricide by mistake
8. A stranger who cooperates in parricide will not be guilty of parricide
by only homicide or murder

247 1. That a legally married person or a parent surprises his spouse or his daughter, the latter * Note: 1.
Death or Physical under 18 years of age and living with him, in the act of committing sexual intercourse This article does not 2.
Injuries Inflicted with another person define and penalize a
Under Exceptional 2. That he or she kills any or both, of them or inflicts upon any or both of them any serious penalty
Circum-stances physical injury in the act or immediately thereafter 3.
3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he Destierro if accused 4.
or she had not consented to the infidelity of the other spouse killed or inflicted serious
physical injuries on 5.
Surprise to come upon suddenly and unexpectedly spouse or other person
6.
Cases when Parricide is not punished with RP to Death: Exempt from punishment
1. Parricide committed through negligence (Article 365) if inflicted physical 7.
2. When it is committed by mistake (Article 249) injuries of any kind
3. When it is committed under exceptional circumstances (Article 247) 8.
Destierro is intended to
* Note: protect spouse from 9.
- Justification for this article: burst of passion reprisals by relatives of
deceased spouse 10.
11.
12.
13.
14.
Required to be a legally married person
The article does not seem to require that the parent be legitimate, it
requires only that she is under 18 and that she is living with her
parents
The article does not seem to apply to a married daughter
Surprising the spouse or daughter in ACT of sexual intercourse in
indispensable
This article is not applicable when the accused did not see his
spouse in the act of sexual intercourse with another person
It is enough however that the circumstances show reasonably that
the carnal act is being committed or has just been committed
There is conflict of opinion on whether sexual intercourse includes
preparatory acts
The killing or inflicting of injuries must be: (a) in the act of sexual
intercourse, or (2) immediately thereafter
The discovery, the escape, the pursuit and the killing must all form
part of one continuous act
The killing must be the direct by-product of the accuseds rage
The killing of the spouse by accused must be by reason of having
surprised her in the act of sexual intercourse with another person
Article 247 applies only when spouse surprises other spouse in
flagrant adultery
No criminal liability if physical injuries are less serious or slight
Accused cannot be held liable for injuries sustained by 3rd persons
as a result thereof, since he was NOT committing a felony
248 1. That a person was killed RP to Death 1. The offender must have intent to kill to be liable for murder
Murder 2. That the accused killed him committed by means of fire, or other means enumerated in par. 3 of
3. That the killing was attended by any of the qualifying circumstances mentioned in Article Article 248
248 2. Killing a person with treachery is murder even if there is no intent to
4. The killing is not parricide or infanticide kill
3. Rules for application of the circumstances which qualify the killing to
Murder unlawful killing of any person which is NOT parricide or infanticide, provided the murder:
following circumstances are present: a. Murder will exist with only one of the circumstances described
1. With treachery, taking advantage of superior strength, with the aid of armed men, or in Article 248
employing means to weaken the defense, or of means or persons to insure or afford b. When the other circumstances are absorbed or included in
impunity one qualifying circumstance, they cannot be considered as
2. In consideration of a price, reward or promise generic aggravating
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, c. Any of the qualifying circumstances enumerated in Article 248
derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or must be ALLEGED in the information
with the use of any other means involving great waste and ruin 4. Treachery and premeditation are inherent in murder by poison
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an 5. When the intention of accused was merely to sexually excite a
earthquake, eruption of a volcano, destructive cyclone, great waste and ruin woman, and not to kill her, the crime is homicide
5. With evident premeditation 6. Outraging commit an extremely vicious or deeply insulting act
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or 7. Scoffing jeer, and implies a showing of irreverence
outraging or scoffing at his person or corpse
*Note: read discussion in Article 13 on Aggravating Circumstances

249 1. That a person is killed RT 1. Penalty for homicide will be one degree higher when the victim is
Homicide 2. That the accused killed him without any justifying circumstances under 12 years of age
3. That the accused had the intention to kill, which is presumed 2. Intent to kill is conclusively presumed when death results
4. That the killing was not attended by any of the qualifying circumstances of murder, or by 3. Evidence of intent to kill is important only in attempted or frustrated
that of parricide or infanticide homicide
4. Intent to kill must be proven beyond reasonable doubt
Homicide unlawful killing of any person, which is neither parricide, murder nor infanticide 5. That the death of the deceased was due to his refusal to be
operated on is NOT a defense
Accidental Homicide death of a person brought about by a lawful act performed with 6. The killing must not be justified
proper care and skill, and without homicidal intent 7. No offense of frustrated homicide thru imprudence
8. Where the wounds that caused death were inflicted by 2 different
Corpus Delicti actual commission of the crime charged; means that the crime was actually persons, even if they were not in conspiracy, each of them is guilty
perpetrated, and does not refer to the body of the murdered person of homicide
9.

250 Frustrated Parricide, Murder or Homicide - Penalty lower by one degree than that which 1. This article is permissive, not mandatory
Penalty should be imposed under provisions of Article 50 2. Court may impose penalty 2 degrees lower for frustrated parricide,
murder or homicide
Attempted Parricide, Murder or Homicide Penalty lower by one under provisions of 3. Court may impose penalty 3 degrees lower for attempted parricide,
Article 51 murder or homicide
4. An attempt against the life of the Chief Executive, etc. is punishable
by death

251 1. That there be several persons PM in case of death of 1. When there are two identified groups of men who assaulted each
Death Caused in 2. That they did not compose groups organized for the common purpose of assaulting and victim, though it cannot be other, then there is no tumultuous affray
Tumultuous Affray attacking each other reciprocally ascertained who killed 2. The person killed in the course of the affray need not be one of the
3. That there several persons quarreled and assaulted one another in a confused and him, if person who participants in the affray
tumultuous manner inflicted serious physical 3. If the one who inflicted the fatal wound is know, the crime is NOT
4. That someone was killed in the course of the affray injuries can be identified homicide in tumultuous affray but HOMICIDE under Article 249
5. That it cannot be ascertained who actually killed the deceased against the one who inflicted the fatal wound
6. That the person or persons who inflicted serious physical injuries or who used violence PC in medium and 4. The serious physical injuries, if inflicted by one of the participants,
can be identified maximum all those who should not be the cause of the death of the deceased
used violence upon victim
Tumultuous Affray the disturbance is caused by more than three persons who are armed
or are provided with means of violence

Persons Liable for Death in Tumultuous Affray:

1. Person(s) who inflicted the serious physical injuries
2. If it is not known who inflicted the serious physical injuries on the deceased, all the
persons who used violence upon the person of the victim are liable, but with lesser
liability
252 1. That there is a tumultuous affray as referred to in the preceding article 1st paragraph Penalty 1. Victim must be one or some of the participants in the affray
Physical Injuries 2. That a participant(s) thereof suffer serious physical injuries or physical injuries of a less next lower in degree than 2. Only the one who used violence in liable
Caused in serious nature only that provided for the 3. The 2nd paragraph seems to refer to less serious physical injuries
Tumultuous Affray 3. That the person responsible therefore cannot be identified physical injuries so 4. It is believed that in providing the penalty of Arresto Mayor for
4. That all those who appear to have used violence upon the person of the offended party inflicted physical injuries of a less serious nature in a tumultuous affray, the
are known legislature intended to EXCLUDE slight physical injuries
2nd Paragraph A Mayor
from 5 to 15 days

253 Acts Punishable as Giving Assistance to Suicide: PM any person who 1. This article does not distinguish and does not make any reference
Giving Assistance to 1. By assisting another to commit suicide, whether the suicide is consummated or not shall assist another to to the relation of the offender with the person committing suicide
Suicide 2. By lending his assistance to another to commit suicide to the extend of doing the killing commit suicide 2. A person who attempts to commit suicide is not criminally liable
himself 3. A pregnant woman who tried to commit suicide by means of poison,
RT lending assistance but instead of dying, the fetus in her womb was expelled is NOT
to the extent of doing the liable for abortion
killing himself 4. Assistance to suicide is different from mercy-killing
5. Euthanasia practice of painlessly putting to death a person
A Mayor medium and suffering from some incurable disease
maximum if suicide is 6. Euthanasia is not lending assistance to suicide. In euthanasia, the
not consummated person killed does not want to die.
7. A doctor who resorts to mercy killing of his patient may be liable for
suicide

254 1. That the offender discharges a firearm against or at another person PC minimum and medium 1. There must be no intention to kill
Discharge of 2. That the offender has no intention to kill that person any person who shall 2. The purpose of offender is only to intimidate or frighten the offended
Firearms shoot at another firearm party
unless frustrated or 3. If the firearm is NOT discharged at a person, there is no crime of
attempted parricide, discharge of firearm
murder or homicide, or 4. Discharge towards the house of victim is not illegal discharge of
any other crime for which victim
a higher penalty is 5. Firing a gun against the house of the offended party at random, not
prescribed by articles of knowing in what part of the house the people inside were, is only
this code crime of Alarm
6. Complex crime of illegal discharge of firearm with serious or less
serious physical injuries when in illegal discharge of firearm, the
offended party is hit and wounded
7. There is no complex crime when only slight physical injuries (light
felony) are inflicted
8. A public officer who fires his revolver in the air in order to capture
some gamblers and to prevent them from escaping is NOT guilty of
this crime

255 1. That a child was killed Penalty provided for
Infanticide 2. That the deceased child was less than 3 days (72 hours) of age parricide (Art. 246) and
3. That the accused killed the said child Murder (Art. 248)
Infanticide killing of any child less than three days of age, whether the killer is the parent PM medium and
or grandparent, any other relative of the child, or a stranger maximum if committed
by the mother of child for
purposes of concealing
dishonor
RT if crime committed 4.
for same purpose by
maternal grandparents or
either of them
1. The penalty is for parricide or murder, but the name of the crime is
always infanticide
a. Father or mother or legitimate ascendant who kills child of less
than 3 days old to suffer penalty of parricide
b. Other persons who kills a child less than 3 days old to suffer
the penalty for murder
2. Concealing dishonor is not an element of infanticide; it merely
mitigates the liability of mother or maternal grandparents
3. Reason for mitigating circumstance: obfuscation for fear of
dishonor
Delinquent mother who claim concealing dishonor must be of good
reputation
5. No crime of infanticide is committed where the child was born dead,
or although born alive, it could not sustain an independent life when
it was killed
6. A fetus about 6 months old cannot subsist by itself, outside the
maternal womb
256 Ways of Committing Intentional Abortion: RT if he shall use any 1. Persons Liable for Intentional Abortion
Intentional Abortion 1. By using any violence upon the person of the pregnant woman violence upon the person a. Person who intentionally caused abortion under Article 256
2. By acting, but without using violence, without the consent of the woman (by of the pregnant woman b. Woman, if she consented under Art. 258
administering drugs or beverages upon such pregnant woman without her consent) c. Woman, if she did not consent NOT liable
3. By acting (by administering drugs or beverages), with the consent of the pregnant PM if, without using 2. Abortion distinguished from Infanticide
woman violence, he shall act a. Infanticide if fetus can sustain an independent life after its
without the consent of the separation from the maternal womb, and is killed
woman b. Abortion otherwise
Elements:
1. That there is a pregnant woman PC medium and
2. That violence is exerted, or drugs or beverages administered, or that the accused maximum if woman
otherwise acts upon such pregnant woman shall have consented
3. That as a result of the use of violence or drugs or beverages upon her, or any other act
of the accused, the fetus dies, either in the womb or after having been expelled
therefrom
4. That the abortion is intended

257 1. That there is a pregnant woman PC minimum and medium 1. This crime is committed only by violence
Unintentional 2. That violence is used upon such pregnant woman without intending an abortion 2. The violence must be intentionally exerted
Abortion 3. That the violence is intentionally exerted 3. There is unintentional abortion thru imprudence
4. That as a result of the violence, the fetus dies, either in the womb or after having been 4. There are conflicting decisions on whether the accused is liable for
expelled therefrom abortion even if he did not know that the woman was pregnant
5. There is a complex crime of homicide with unintentional abortion
* Note: 6. There is complex crime of parricide with abortion
- Violence is actual physical force 7. Article 257 does not apply when there is no intent to cause abortion
and there is no violence

258 1. That there is a pregnant woman who has suffered an abortion PC medium and 1. Woman is liable:
Abortion Practiced 2. That the abortion is intended maximum woman who a. when she shall practice an abortion upon herself
by the Woman 3. That the abortion is caused by: practices abortion on b. when she shall consent that any other person should do so
Herself or by her a. the pregnant woman herself herself; parents of woman 2. Liability of pregnant woman is mitigated if purpose is to conceal
Parents b. any other person, with her consent or either of them to dishonor
c. any of her parents, with her consent, for the purpose of concealing her dishonor conceal dishonor 3. No mitigation for parents of pregnant woman even if the purpose is
to conceal dishonor, unlike in infanticide
Cases Covered by Article 258: PC minimum and medium
1. Abortion committed by woman upon herself or by any other person with her consent any woman who does it
2. Abortion by the woman upon herself to conceal her dishonor to conceal dishonor
3. Abortion by any of the parents of the woman with the latters consent to conceal her
dishonor

259 Elements for Physician or Midwife Penalties provided for in 1. Penalty for intentional abortion is imposed in maximum period on
Abortion Practiced 1. That there is a pregnant woman who has suffered an abortion Article 256 in maximum physician or midwife
by a Physician or 2. That the abortion is intended period who takes 2. Reason for Maximum penalty: used knowledge for destruction of
Midwife and 3. That the offender, who must be a physician or midwife, causes, or assists in causing, the advantage of scientific human life, where it should only be used for preservation
Dispensing of abortion knowledge or skill 3. It is not necessary that the pharmacist knows that the abortive
Abortives 4. That said physician or midwife takes advantage of his or her scientific knowledge or skill would be used to cause an abortion
A Mayor and a fine not 4. What is punished is the act of dispensing abortive; its not
Elements for Pharmacists: exceeding P1,000 necessary that the abortive be actually used
1. That the offender is a pharmacist pharmacist
2. That there is no proper prescription from a physician
3. That the offender dispenses any abortive

260 Acts Punishable in Duel: RT if he should kill his 1. If death results, the penalty is the same as that for homicide
Duel 1. By killing ones adversary in duel adversary 2. General principle: when there is intent to kill, the inflicting of
2. By inflicting upon such adversary physical injuries physical injuries is either attempted or frustrated homicide
3. By making a combat although no physical injuries have been inflicted Penalty provided 3. The code disregards the intent to kill in considering the penalty for
therefore, according to duel when only physical injuries are inflicted upon the adversary
Duel formal or regular combat previously concerted between two parties in the presence of their nature in case of
two or more seconds of lawful age on each side, who makes the selection of arms and fix all physical injuries
other conditions of the fight
A Mayor combatants,
Persons Liable in Duel: although no physical
1. The person who killed or inflicted physical injuries upon his adversary, or both injuries have been
combatants in any other case, as principles inflicted
2. The seconds, as accomplices
261 Acts Punished under this Article: PC minimum Persons Responsible Under this Article:
Challenging to Duel 1. By challenging another to a duel 1. Challenger
2. By inciting another to give or accept a challenge to a duel 2. Instigator
3. By scoffing at or decrying another publicly for having refused to accept a challenge to
fight a duel

262 1. By intentionally mutilating another by depriving him, either totally or partially, of some RT to RP essential 1. Mutilation of the first kind is castration which must be made
Mutilation essential organ for reproduction organ for reproduction purposely.
a. That there be castration (mutilation of organs necessary for generation such as a 2. The penalty shall be one degree higher than that imposed by law
penis or ovarium) PM medium and when the victim is under 12 years of age.
b. That the mutilation is caused purposely or deliberately, that is, to deprive the maximum other 3. The offender must have the intention to deprive the offended party
offended party of some essential organ for reproduction mutilation of a part of his body.
2. By intentionally making other mutilation, that is, by lopping or clipping off any part of the 4. Mutilation lopping or clipping off of some part of the body
body of the offended party, other than the essential organ for reproduction, to deprive 5. Mayhem other intentional mutilation
him of that part of his body.

263 Serious Physical Injuries: PM under no. 1 1. Committed by wounding, beating, assaulting or administering
Serious Physical 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of injurious substance
Injuries the physical injuries inflicted. PC medium and 2. May be committed by reckless imprudence, or by simple
2. When the injured person (a) loses the use of speech or the power to hear or to smell, or maximum under no. 2 imprudence or negligence.
loses an eye, a hand, a foot, an arm, or a leg, or (b) loses the use of any such member, 3. There must not be intent to kill
or (c) becomes incapacitated for the work in which we were theretofore habitually PC minimum and medium 4. Blindness (Must be Complete) and Loss of an Eye
engaged, in consequence of the physical injuries inflicted. under no. 3 a. Paragraph 1 must be both eyes
3. When the person injured (a) becomes deformed, or (b) loses any other member of his b. Paragraph 2 one eye only
body, or (c) loses the use thereof, or (d) becomes ill or incapacitated for the performance A Mayor maximum to PC 5. Loss of Power to Hear
of the work in which he was habitually engaged for more than 90 days, in consequence minimum under no. 4 a. Paragraph 2 both ears
of the physical injuries inflicted. b. Paragraph 3 one ear only
4. When the injured person becomes ill or incapacitated for labor for more than 30 days 6. Loss of hand or incapacity of usual work must be permanent
(but must not be more than 90 days), as a result of the physical injuries inflicted. 7. Paragraph 2 refers to principal members of the body, while
Paragraph 3 covers any other member which is not principal
Classes of Serious physical injuries: (a) consequences of the injuries inflicted, (b) nature and member of body
character of the wound inflicted, and (c) the proper penalty 8. Deformity requires (a) physical ugliness, (b) permanent and definite
abnormality, and (c) conspicuous and visible.
Physical Injuries Distinguished from Attempted or Frustrated Homicide: 9. Deformity by loss of teeth refers to injury which cannot be repaired
a. In both, the offender inflicts physical injuries, however homicide may be committed, by action of nature
even if no physical injuries are inflicted 10. There is illness for a certain period of time, when the wound inflicted
b.There is no intent to kill in physical injuries did not heal within that period
11. Medical attendance is not important in serious physical injuries
Ordinary Physical Injuries Distinguished from Mutilation: 12. In Par 2 and 3, offended party must have an avocation or work at
1. Mutilation must have been caused purposely and deliberately the time of the injury
2. Physical Injuries this intention is not present 13. Par 4 speaks of incapacity for any kind of labor
14. Where the category of the offense of serious physical injuries
depends on the period of illness or incapacity for labor, there must
be evidence of the length of that period; otherwise the offense is
only slight physical injuries
15. Lessening of efficiency is not incapacity
16. Serious physical injuries by excessive chastisement by parents is
not qualified.
264 1. That the offender inflicted upon another any serious physical injury Penalties established by 1. Knowingly administering is an essential element
Adminis-tering 2. That it was done by knowingly administering to him any injurious substance or the next preceding article 2. Administering injurious substance means introducing into the body
Injurious Substances beverages or by taking advantage of his weakness of mine or credulity the substance
or Beverages 3. That he had no intent to kill 3. This article does not apply when the physical injuries that result are
less serious or slight
4. Taking advantage of weakness or credulity may take place in case
of witchcraft, philters, magnetism, etc.

265 Qualified Less Serious Physical Injuries Fine not exceeding P500 1. Matters to Note:
Less Serious 1. Paragraph 2: in addition to A Mayor a. That the offended party is incapacitated for labor for 10 days
Physical Injuries a. there is manifest intent to insult or offend the injured person 2nd paragraph or more (but not more than 30), or needs medial attendance
b. there are circumstances adding ignominy to the offense for same period of time
2. Paragraph 3: PC in minimum and b. That the physical injuries must not be those described in the
a. the offenders parents, ascendants, guardians, curators or teachers medium paragraph 3 preceding articles
b. persons of rank or persons in authority, provided the crime is not direct assault 2. Medical attendance or incapacity is required
3. It is only slight physical injury when there is no medical attendance
or incapacity for labor
4. Actual medical attendance is required

266 Kinds of Slight Physical Injuries: A Menor par 1 1. When there is no evidence of actual injury, it is only slight physical
Slight Physical 1. Physical injuries which incapacitated the offended party for labor from 1 to 9 days, or A Menor or fine not injuries
Injuries and Maltreat- required medical attendance during the same period exceeding P200 par 2 2. Example of paragraph 3 is slapping the face of offended party
ment 2. Physical injuries which did not prevent the offended party from engaging in his habitual A Menor minimum or fine
work or which did not require medical attendance not exceeding P50 - par
3. Ill-treatment of another by deed without causing any injury 3

266-A Paragraph 1: Rape committed under 1.
Rape 1. Offender is a man any of the 4 2.
2. Offender had carnal knowledge of a woman Circumstances: 3.
266-B 3. Such act is accomplished under any of the ff circumstance: a. Par. 1 RP 4.
Penalties a. by using force or intimidation; or b. Par. 2 PM 5.
b. when the woman is deprived of reason or otherwise unconscious; or
c. by means of fraudulent machination or grave abuse of authority; or Rape committed with use 6.
d. when the woman is under 12 years of age or demented of deadly weapon or by 2 7.
or more persons:
Paragraph 2: a. Par. 1 RP to death 8.
1. Offender commits an act of sexual assault b. Par. 2 PM to RT
2. That the act of sexual assault is committed by any of the following means: 9.
a. by inserting his penis into another persons mouth or anal orifice; or Rape where victim
b. by inserting any instrument or object into the genital or anal orifice of another becomes insane: 10.
person a. Par. 1 RP to death 11.
3. That the sexual act is accomplished under the circumstances mentioned in paragraph 1 b. Par. 2 RT
Qualifying Circumstances: Attempted Rape and
1. When by reason or on occasion of the rape, a homicide is committed Homicide:
2. When victim is under 18 and offender is parent, ascendant, stepparent, guardian, a. Par. 1 RP to death
relative by consanguinity or affinity within 3rd civil degree, or common-law spouse of the b. Par. 2 RT to RP 12.
parent of victim 13.
3. When the victim is under the custody of the police or military authorities or any law Rape with Homicide: 14.
enforcement or penal institution a. Par. 1 death 15.
4. When the rape is committed in full view of the husband, parent, any of the children or b. Par. 2 RP
other relatives within the 3rd civil degree of consanguinity 16.
5. When the victim is a religious engaged in legitimate religious vocation or calling and is Rape with Aggravating 17.
personally known to be such by the offender before or at the time of the commission of Circumstances:
the crime a. Par. 1 death
6. When the victim is a child below 7 years of age. b. Par. 2 - RT 18.
7. When the offender knows that he is afflicted with HIV/AIDS or any other sexually 19.
transmissible disease and the virus or disease is transmitted to the victim. 20.
8. When committed by any member of AFP or paramilitary units thereof or the PNP or any
law enforcement agency or penal institution, when the offender took advantage of his 21.
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
handicap of the offended party at the time of the commission of the crime
Offender may now be a male or female.
In rape under par. 1, there must be sexual intercourse
Penetration, even partial, is necessary
Only one of the four circumstances is necessary
Force need not be irresistible, but it should be present and brings
the desired results
Force employed need not be of such character as could be resisted
Intimidation includes the moral kind, such as the fear caused by
threatening
When the offender has ascendancy or influence over victim, it is not
necessary that she put up a determined resistance
Rape may be proved by the uncorroborated testimony of the
offended
Deprivation of reason contemplated by law need not be complete
Stages of Rape:
a. Consummated enough that there was penetration, even
partial/slight
b. Frustrated none
c. Attempted intent on the part of accused to have carnal
knowledge of woman
Resignation to consummated act is NOT consent
Character of offended woman immaterial in rape
There is a crime of multiple rape by 2 or more offenders
Rape is punished by death when any of the qualifying
circumstances are present
Rape with homicide is a special complex crime
When homicide is committed NOT by reason or on the occasion of
the rape, such as while the woman was dying, the accused had
carnal intercourse with her, it may be considered as ignominy.
Indemnity in Rape P50,000
Indemnity in Qualified Rape P75,000
Indemnity in Rape with Homicide P50,000 and P50,000
respectively (P100,000)
Damages in Rape
a. Moral Damages P50,000 without need of proof
b. Exemplary Damages if one or more aggravating
circumstances was committed
266-C 1. Subsequent valid marriage between the offender and the offended party shall extinguish 1. Effect of marriage extinguishes not only the penal action, but
Effect of Pardon the criminal action or the penalty imposed. likewise the penalty that may be imposed
2. In case it is the legal husband who is the offender, the subsequent forgiveness by the 2. Marriage extinguishes the penal action and the penalty only as to
wife as the offended party shall extinguish the criminal action or the penalty the principal and not to the accomplices and accessories
3. The crime shall not be extinguished or the penalty shall not be
abated if the marriage is void ab initio

266-D 1. Any physical overt act manifesting resistance against the act of rape in any degree from
Presumptions the offended party; or
2. Where the offended party is so situated as to render him/her incapable of giving consent

267 1. That the offender is a private individual RP to Death any of the 1. If the offender is a public officer, the crime is arbitrary detention
Kidnapping and 2. That he kidnaps or detains another, or in any other manner deprives the latter of his 4 circumstances 2. When a victim is a minor and the accused is one of the parents A
Serious Illegal liberty mayor or a fine not exceeding P300, or both
Detention 3. That the act of detention or kidnapping must be illegal Death purpose of 3. Intention to deprive victim of his liberty for purpose of extorting
4. That in the commission of the offense, any of the following circumstances are present: extorting ransom ransom is essential in crime
a. The kidnapping or detention lasts for more than 3 days or; 4. Actual demand for ransom is not necessary
b. It is committed simulating public authority or; Maximum penalty if 5. The accused is not liable when there is lack of motive to resort to
c. Any serious physical injuries are inflicted upon the person kidnapped or detained victim is killed or dies, or kidnapping
or threats to kill him are made; or raped or subject to torture 6. Detention or locking up of victim is essential, but it is not necessary
d. The person kidnapped or detained is a minor (except when the accused is any of or dehumanizing acts that it is an inclosure and restraint need not be permanent
the parents), female or a public officer. 7. Detention must be illegal, i.e. when not ordered by competent
authority or not permitted by law
Special Complex Crime of Kidnapping with Murder effectively eliminated the distinction 8. Deprivation of ones liberty is essential element
drawn by courts between those cases where the killing was purposely sought by the 9. Restraint by robbers is not illegal detention
accused, and those where the killing of the victim was not deliberately resorted to but was 10. The purpose is immaterial when any of the 4 circumstances in the
merely an afterthought first paragraph is present
11. Where a person is taken from one place to another solely for the
Illegal Detention Distinguished from Arbitrary Detention; purpose of killing him
1. Illegal Detention is committed by a private individual who unlawfully kidnaps, detains or 12. Ransom money, price or consideration paid or demanded for
otherwise deprives a person of liberty; Arbitrary Detention is committed by public officer redemption of a captured persons, a payment that releases from
or employee who detains a person without legal ground captivity
2. Illegal Detention is a crime against personal liberty and security; Arbitrary Detention is a 13. Conspiracy to extort ransom makes all conspirators liable under the
crime against the fundamental law of the State 2nd paragraph, including those who did not take any part of the
money

268 1. That the offender is a private individual RT offender and person 1. Participation of accomplice in furnishing place is raised to that of a
Slight Illegal 2. That he kidnaps or detains another, or in any other manner deprives him of his liberty who furnished place for real co- principal
Detention 3. That the act of kidnapping or detention is illegal perpetration of crime 2. Privileged mitigating circumstance in slight illegal detention:
4. That the crime is committed without the attendance of any of the circumstances PM minimum and medium a. Voluntarily releases person so kidnapped or detained within 3
enumerated in Article 267 and a fine not exceeding days from commencement of detention
P700 voluntary release b. Without having attained purpose intended
c. Before the institution of criminal proceedings against him

269 1. That the offender arrests or detains another person A Mayor and a fine note 1. The offender is any person, whether a public officer or a private
Unlawful Arrest 2. That the purpose of the offender is to deliver him to the proper authorities exceeding P500 individual
3. That the arrest or detention is not authorized by law or there is no reasonable ground 2. There is no unlawful arrest when the arrest is authorized by a
therefore warrant issued by the court
3. Distinguished from Article 125:
Unlawful arrest distinguished from other illegal detention: if the purpose of locking up or a. Article 126 detention is for legal grounds; in unlawful arrest
detaining is to deliver to authorities, the crime is unlawful arrest; otherwise, it is other illegal detention is illegal
detention b. Article 125 crime is failing to deliver person; in unlawful
arrest crime is making unauthorized arrest
4. Motive of offender is controlling
5. No period of detention is fixed

270 1. That the offender is entrusted with the custody of a minor person (below 21 years of RP 1. This covers all minors, whether under or over 7 years of age
Kidnapping and age) A Mayor or a fine not 2. What is punished is the deliberate failure of the custodian of the
Failure to Return a 2. That he deliberately fails to restore the said minor to his parents or guardians exceeding P300 or both minor to restore the latter to his parents or guardians
Minor when the crime is 3. Kidnapping and failure to return a minor is necessarily included in
Distinguishing Article 267 and Article 270: committed by father or Kidnapping and Serious Illegal Detention
1. In Article 267 the offender is not entrusted with custody mother
2. In Article 270 the offender is entrusted with custody of minor
271 1. That a minor is living in the home of his parents or guardian or person entrusted with his PC and a fine not 1. The inducement must be actual, committed with criminal intent, and
Inducing a Minor to custody exceeding P700 determined by a will to cause damage
Abandon His Home 2. That the offender induces said minor to leave such home offender is any person 2. The minor should not leave his home on his own free will
A Mayor or a fine not
exceeding P300, or both
offender is parent

272 1. That the offender purchases, sells, kidnaps or detains a human being. PM and a fine not 1. If the purpose of the offender is to assign the offended party to
Slavery 2. That the purpose of the offender is to enslave such human being exceeding P10,000 some immoral traffic (prostitution), the penalty is higher.
2. The employment or custody of a minor with the consent of the
Slavery and Kidnapping or Illegal Detention Distinguished: Maximum Period if parent or guardian although against the childs will cannot be
a. Slavery purpose is to enslave victim purpose is to assign to considered to be involuntary servitude
b. Kidnapping or Illegal Detention any other purpose immoral traffic

273 1. That the offender retains a minor in his service PC minimum and medium 1. The service of the minor must be against his will
Exploitation of Child 2. That it is against the will of the minor and a fine not exceeding 2. The existence of indebtedness constitutes no legal justification for
Labor 3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, P500 holding a person and depriving him of his freedom to live where he
guardian or person entrusted with the custody of such minor wills

274 1. That the offender compels a debtor to work for him, either as household servant or farm A Mayor maximum to PC 1. The article specifically provides that the debtor is compelled to work
Services Rendered laborer minimum as household servant or farm laborer and not any other work
Under Compulsion in 2. That it is against the debtors will 2. This article, like Article 273, punishes a form of slavery, but Article
Payment 3. That the purpose is to require or enforce the payment of a debt 274 does not distinguish whether the victim is a minor or not
3. Under this article it is the debtor who is compelled to work for the
offender, while in Article 273 it is the minor

275 Acts Punishable: A Mayor 1. Paragraph 2 of this article applies only when someone is
Abandonment of 1. Failing to render assistance to any person whom offender finds in an uninhabited place accidentally injured by the accused
Persons in Danger wounded or in danger of dying when he can render such assistance without detriment to 2. It is immaterial that the offender did not know that the child is under
and Abandonment of himself, unless such omission shall constitute a more serious offense 7 years old
Ones Own Victim a. The place is uninhabited 3. Paragraph 3 applies to one who found a lost child
b. The accused found there a person wounded or in danger of dying 4. The child under 7 years of age must be found by the accused in an
c. The accused can render assistance without detriment to himself unsafe place
d. The accused fails to render assistance
2. Failing to help or render assistance to another whom the offender has accidentally
wounded or injured
3. Failing to deliver a child, under 7 years of age whom the offender has found abandoned,
to the authorities or to his family, or by failing to take him to a safe place

276 1. That the offender has the custody of a child A Mayor and a fine not 1. When there is intent to kill this article does not apply
Abando-ning a Minor 2. That the child is under 7 years of age exceeding P500 2. Intent to kill cannot be presumed from the death of a child
3. That he abandons such child a. Crimes against Persons intent to kill is presumed
4. That he has not intent to kill the child when the latter is abandoned PC medium and b. Crimes against Security intent to kill is not presumed
maximum results in 3. A permanent, conscious and deliberate abandonment is required by
Qualifying Circumstances: death of minor this article
1. When death of the minor resulted from such abandonment, or PC minimum and medium 4. Parents guilty of abandoning their children shall be deprived of
2. if the life of the minor was in danger because of the abandonment endanger life of minor parental authority

277 Acts Punished: A Mayor and a fine not 1. Rear bring to maturity by educating, nourishing,
Abandon-ment of 1. By delivering a minor to a public institution or other persons without the consent of the exceeding P500 2. Only the person charged with the rearing or education of the minor
Minor by Person one who entrusted such minor to the care of the offender or, in the absence of that one, is liable
Entrusted with His without the consent of the proper authorities 3. Article 276 Distinguished from Article 277
Custody; Indifference a. The offender has charge of the rearing/education of a minor a. Article 276 the custody of the offender is general; Article 277
of Parents b. He delivers minor to a public institution or other persons the custody of the offender is specific (custody for the
c. The one who entrusted such child to the offender has not consented to such act; rearing or education of minor)
or if the one who entrusted such child to the offender is absent, the proper b. Article 276 minor is under 7; Article 277 minor is under 21
authorities have not consented to it [18]
2. By neglecting his (offenders) children by not giving them the education which their c. Article 276 minor is abandoned in such a way as to deprive
station in life requires and financial condition permits him of the care and protection that his tender years need;
a. That the offender is a parent Article 277 minor is delivered to a public institution or other
b. That he neglects his children by not giving them education person
c. That his station in life requires such education and his financial condition permits it 4. Failure to give education must be due to deliberate desire to evade
such obligation
278 Acts Punished: PC in minimum and 1. Exploitation of minors distinguished from Inducing a minor to
Exploitation of 1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical medium and a fine not abandon his home
Minors strength or contortion, the offender being any person exceeding P500 a. Exploitation of minors if the purpose is to follow any of the
2. By employing children under 16 who are not the children or descendants of the offender mentioned callings; Inducing Minor if there is no such
in exhibitions of acrobat, gymnast, rope walker, diver, or wild-animal tamer, the offender Maximum period if purpose
being an acrobat, etc. or circus manager or person engaged in a similar calling delivery shall have been b. Exploitation victim must be under 16; Inducing minor minor
3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next made in consideration of under 21 [18]
preceding paragraph, the offender being engaged in any of the said callings any price, compensation, 2. Offender shall be deprived of parental authority or guardianship
4. By delivering a child under 16 gratuitously to any person following any of the calling or promise 3. Exploitation of minors must refer to act endangering the life or
enumerated in paragraph 2, or to any habitual vagrant or beggar, the offender being an safety of the minor
ascendant, guardian, teacher, or person entrusted in any capacity with the care of such 4. Qualifying Circumstance if delivery is made in consideration of
child any price, compensation or promise
5. By inducing any child under 16 to abandon the home of its ascendants, guardians,
curators, or teachers to follow any person engaged in any of the callings mentioned in
paragraph 2 or to accompany any habitual vagrant or beggar, the offender being any
person

279 The imposition of the penalties prescribed in the preceding articles, shall not prevent the
Additional Penalties imposition upon the same person of the penalty provided for any other felonies defined and
punished by this Code.

280 1. That the offender is a private person A Mayor and fine note 5. If the offender is a public officer, the crime would be violation of
Qualified Trespass to 2. That he enters the dwelling of another exceeding P1,000 domicile
Dwelling 3. That such entrance is against the latters will 6. Lack of permission does not amount to prohibition, there must be
PC medium and opposition on the part of the owner of the house to the entry of the
Exceptions: maximum and fine not accused
1. If the entrance to anothers dwelling is made for the purpose of preventing some serious exceeding P1,000 7. Prohibition may be implied in certain instances (e.g. considering
harm to himself, the occupants of the dwelling or a 3rd person committed by means of time, door was closed, etc.)
2. If the purpose is to render some service to humanity or justice violence 8. Prohibition must be in existence prior to or at the time of the
3. If the place where entrance is made is a caf, tavern, inn, and other public houses, while entrance
the same are still open 9. What is intended to be protected and preserved is the privacy of
ones dwelling
Qualifying Circumstance if the offense is committed by means of violence or intimidation 10. Violence does not refer to persons only
11. Violence or intimidation may take place immediately after the
Dwelling Place any building or structure exclusively devoted for rest and comfort entrance
12. Trespass may be committed by owner of dwelling
13. If there is no overt act to commit another crime, the crime is only
trespass to dwelling

281 1. That the offender enters the closed premises or the fenced estate of another A Menor or a fine not 1. Premises distinct and definite locality
Other Forms of 2. That the entrance is made while either of them is uninhabited exceeding P200, or both 2. Art 281 Distinguished from Trespass to Dwelling:
Trespass 3. That the prohibition to enter be manifest a. Trespass offender is private person; Other Trespass any
4. That the trespasser has not secured the permission of the owner or the caretaker person
thereof b. Trespass offender enters a dwelling house; Other Trespass
enters closed premises or fenced in estate
c. Trespass inhabited; Other Trespass uninhabited
d. Trespass against the will of the owner; Other Trespass
without securing permission of owner or caretaker
e. Trespass prohibition is express/implied; Other Trespass
prohibition to enter is manifest
282 Acts Punished: Penalty next lower in 1. Penalty will depend on whether or not offender attained his purpose;
Grave Threats 1. By threatening another with the infliction upon his person , honor or property or that of degree than that if the threat is not subject to a condition, the penalty is fixed
his family of any wrong amounting to a crime and demanding money or imposing any prescribed by law for the 2. Qualifying Circumstances:
other condition, even thought not unlawful, and the offender attained his purpose crime he threatened to a. Threat made in writing
a. That the offender threatens another person with the infliction upon the latters commit b. Threat made thru a middleman
person, honor or property, or upon that of the latters family, of any wrong Penalty lower by 2 3. Third form of grave threats must be serious and deliberate
b. That such wrong amounts to a crime degrees if offender did 4. If the threat is made in a heat of anger, it is not punished under this
c. That there is a demand for money or that any other condition is imposed, even not attain his purpose article
though not unlawful 5. If the condition is not proved, it is grave threats under sub-
d. That the offender attains his purpose Maximum Period if paragraph 2
2. By making such threat without the offender attaining his purpose threat in writing or thru a 6. Essence of the crime of threats is intimidation
3. By threatening another with the infliction upon his person, honor or property or that of his middleman 7. The act threatened to be committed must be wrong
family of any wrong amounting to a crime, the threat not being subject to a condition 8. Grave threats may be committed even if the complainant is absent
a. That the offender threatens another person with the infliction upon the A Mayor and a fine not when challenge is made
latters person, honor, or property, or upon the latters family, of any wrong exceeding P500 if no 9. Crime of grave threats is consummated as soon as the threats
b. That such wrong amounts to a crime condition come to the knowledge of the person threatened
c. That the threat is not subject to a condition 10. Threats made in connection with the commission of other crimes
are absorbed by the latter.
11. The offender in grave threats does not demand the delivery on the
spot of the money or other personal property asked of him (crime of
robbery)

283 1. That the offender makes a threat to commit a crime A Mayor 1. Light threats are committed in the same manner as grave threats,
Light Threats 2. That the wrong does not constitute a crime except that the act threatened to be committed should not be a
3. That there is a demand for money or that other condition is imposed, even though not crime
lawful 2. Blackmailing may be punishable under this article
4. That the offender has attained or not attained his purpose

284 Required to Give Bail not to Molest Another: Destierro Compared with Article 35
Bond for Good 1. When he threatens another under the circumstances mention in Article 282 1. Art. 35 is a distinct penalty which provides for bond to keep the
Behavior 2. When he threatens another under the circumstances mention in Article 283 peace; this article provides for bond for good behavior
2. Article 35 not made applicable to any particular case; this article
applicable only to cases of grave and light threats
3. Failure to give in Article 35 detained; this article destierro

285 1. By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it A Menor minimum or a 1. Article 285 compared with Article 282 and 283
Other Light Threats be in lawful self-defense fine not exceeding P200 a. Article 285 Par. 2 is similar to 3rd form of grave threats
a. Threatening to draw a weapon, even if there is no quarrel because the harm threatened to be committed is a crime
b. Drawing a weapon in a quarrel, which is not in lawful self-defense b. Article 285 Par. 3 is similar to light threats, because harm
2. By orally threatening another, in the heat of anger, with some harm constituting a crime, threatened to be committed is not a crime
without persisting in the idea involved in his threat c. Article 285 there is no demand for money or condition or
3. By orally threatening to do another any harm not constituting a felony threat is not deliberate
2. Threats, which ordinarily would be grave threats, if made in heat of
anger, may fall under this article
3. Light threats may be committed where the person to whom it is
directed is absent

286 Ways to Commit: PC and a fine not 1. What is prevented must not be prohibited by law
Grave Coercions 1. By preventing another, by means of violence, threats or intimidation, from doing exceeding P6,000 2. The act of preventing by force must be made at the time the
something not prohibited by law offended party was doing or about to do the act to be prevented
2. By compelling another, by means of violence, threats or intimidation, to do something Penalty next higher in 3. If the act was already done when violence is exerted, the crime is
against his will, whether it be right or wrong degree violation of right unjust vexation.
of suffrage; or committed 4. Compelling another to do something includes the offenders act of
Elements: to compel another to doing it himself while subjecting another to his will
1. That a person prevented another from doing something not prohibited by law, or that he perform any religious act; 5. When the complainant is in actual possession of a thing, even if he
compelled him to do something against his will, be it right or wrong or committed to prevent has not right to that possession, compelling him by means of
2. That the prevention or compulsion be effected by violence, threats or intimidation another from performing violence to give up possession, even by owner, is grave coercion
3. That the person that restrained the will and liberty of another had not the authority of law any religious act 6. Not intimidation by display of force, if arms are not used
or the right to do so, or, in other words, that the restraint shall not be made under 7. The force or violence must be immediate, actual or imminent
authority of law or in the exercise of lawful right 8. There is no grave coercion when the accused acts in good faith in
Coercion Distinguished from Illegal Detention: performance of duty
- illegal detention requires actual confinement or restraint of the person 9. Purpose of Law enforce the principle that no person may take the
law into his own hands
10. Coercion is consummated even if the offended party did not accede
to the purpose of the coercion
287 1. That the offender must be a creditor A Mayor in minimum and 1. Actual physical violence need not be employed
Light Coercions 2. That he seizes anything belonging to his debtor fine equivalent to value of 2. Unjust vexation includes any human conduct which, although not
3. That the seizure of the thing be accomplished by means of violence or a display of thing, but in no case less productive or some physical or material harm would, however,
material force producing intimidation than P75 unjustly annoy or vex an innocent person
4. That the purpose of the offender is to apply the same to the payment of the debt A Menor or a fine P5- 3. There is no violence or intimidation in unjust vexation
P200, or both any other 4. Difference between grave and light coercion: use of violence
coercion or unjust 5. When the act of the accused has no connection with previous acts
vexation of violence, it is only unjust vexation

288 1. By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or A Mayor or a fine ranging 1. Laborers or employees have the right to receive just wages in legal
Other Similar compelling of the laborer or employee of the offender to purchase merchandise or from P200 - P500, or both tender
Coercions commodities of any kind 2. Inducing an employee to give up any part of his wages by force,
a. That the offender is any person, agent or officer of any association or corporation stealth, intimidation, threat or by any other means is unlawful under
b. That he or such firm or corporation has employed laborers or employees the Labor Code, not under the RPC
c. That he forces or compels, directly or indirectly, or knowingly permits to be forced
or compelled, any of his or its laborers or employees to purchase merchandise or
commodities of any kind from him or from said firm or corporation
2. By paying wage due his laborer or employee by means of tokens or objects other than
the legal tender currency of the Philippines, unless expressly requested by such laborer
or employee
a. That the offender pays the wages due a laborer or employee employed by him by
means of tokens or objects
b. That those tokens or objects are other than the legal tender currency of the
Philippines
c. That such employee or laborer does not expressly request that he be paid by
means of tokens or objects

289 1. That the offender employs violence or threats, in such a degree as to compel or force A Mayor and a fine not 1. The act should not be a more serious offense, otherwise it shall be
F o r m a t i o n , the laborers or employers in the free and legal exercise of their industry or work exceeding P300 punished under another article
Maintnance, and 2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike 2. Peaceful picketing is part of freedom of speech and is not prohibited
Prohibition of of laborers or lockout of employers 3. Employing violence or making threats by picketers may make them
Combina-tion of liable for coercion
Capital or Labor 4. Preventing employee from joining any registered labor organization
is punished under the LC and not under the RPC

290 1. That the offender is a private individual or even a public officer not in the exercise of his PC in minimum and 1. Seize to place in the control of someone a thing or to give him the
Discovery of Secrets official functions medium and a fine note possession thereof
Thru Seizure of 2. That he seizes the papers or letters of another exceeding P500 if 2. There must be a taking possession of papers or letters of another,
Correspondence 3. That the purpose is to discover the secrets of such another person offender reveals secrets even for a short time only
4. That offender is informed of the contents of the papers or letters seized 3. The purpose of the offender must be to discover the secrets of
A Mayor and a fine not another
Exception: Article 290 not applicable to parents, guardians, or persons entrusted with the exceeding P500 if 4. The offender must be informed of contents of papers or letters
custody of minors with respect to papers or letters of the children or minors placed under offender shall not reveal 5. This article does not require that the offended party be prejudiced
their care or custody, or to spouses with respect to the papers or letters of either of them such secrets 6. Qualifying Circumstance: revealing the secret
7. Distinguished from Public Officer Revealing Secrets of Private
Individual (Article 230):
a. Article 230 public officer comes to know secrets by reason
of his office
b. Article 290 private individual who seizes papers of another
to discover secrets of latter

291 1. That offender is a manager, employee or servant A Mayor and fine not 1. Secrets must be learned by reason of their employment
Revealing Secrets 2. That he learns of the secrets of his principal or master in such capacity exceeding P500 2. The secrets must be revealed by the offender
with Abuse of Office 3. That he reveals such secrets 3. If the offender does not reveal the secrets, the crime is not
committed
4. Damage is not necessary under this article

292 1. That offender is a person in charge, employee or workman of a manufacturing or PC minimum and medium 1. Secrets must relate to manufacturing processes
Revelation of industrial establishment and a fine not exceeding 2. The act constituting the crime is revealing the secret of the industry
Industrial Secrets 2. That the manufacturing or industrial establishment has a secret of the industry which the P500 or employer
offender has learned 3. Revelation may be made after employee has ceased to be
3. The offender reveals such secrets connected with the establishment
4. That prejudice is caused to the owner 4. Prejudice is an essential element of the offense
293 Classification: 1. The property taken must be personal property and not real property.
Who are Guilty of 1. Robbery with violence against, or intimidation of persons (RVAIP) 2. Prohibitive articles may be subject matter of robbery
Robbery 2. Robbery with the use of force upon things (RFUT) 3. The property must belong to another
a. Robbery in Inhabited House or Public Building or Edifice devoted to Public 4. Ownership is not necessary; the possession of property is sufficient
Worship 5. Naming of the owner is a matter of essential description of the crime
b. Robbery in Uninhabited House or in a Private Building of robbery with homicide and not in RVAIP or RFUT
6. The personal property is taken against will of owner
Elements of Robbery in General: 7. Taking must be unlawful
1. That there be personal property belonging to another 8. Unlawful Taking is complete:
2. That there is unlawful taking of that property a. RVAIP from moment offender gains possession of the thing
3. That the taking must be with intent to gain b. RFUT thing must be taken out of building
4. That there is violence against or intimidation of any person, or force upon anything 9. Taking means depriving offended party of ownership of thing taken
with character of permanency
Those Guilty of Robbery Any person who, with intent to gain, shall take any personal 10. Intent to gain is presumed from unlawful taking of personal property
property belonging to another, by means of violence against or intimidation of any person, or 11. Intent to gain and personal property belonging to another must
using force upon anything, shall be guilty of robbery concur
12. Violence must be against person of offended party and not upon
Distinctions Between Effects of Employment of VAIAP and those of use FUT: thing taken
1. Whenever violence against or intimidation of any person is used, the taking is always 13. Intimidation need not be threat of bodily harm
robbery; If there is no violence or intimidation, but only FUT, taking is robbery if force is 14. General Rule: Violence or intimidation must be present before
used to either enter building or to break doors, etc. taking personal property is complete
Exception: When violence results in (1) homicide, (2) rape, (3)
2. In RVAIP, value of personal property is immaterial; penalty depends on: intentional mutilation, or (4) any of the serious physical injuries
a. result of violence used penalized in par. 1 and 2 of Art. 263, taking of personal property is
b. existence of intimidation only complexed with any of those crimes under Art. 294, even if taking
was already complete when violence was used by the offender
3. In RFUT, the penalty is based on: 15. Taking of property need not be immediately after the intimidation
a. Value of property taken 16. R.A. 6539 is the law applicable when property taken in robbery is a
b. On whether or not the offenders carry arms motor vehicle

In RFUT in an uninhabited building, the penalty is based on the value of the property
taken
294 Acts Punished: RP to death paragraph Robbery with Homicide
Robbery with 1. When by reason or on occasion of robbery, crime of homicide is committed 1 (no. 1 and 2) 1. Crime defined in this article is a special complex crime
Violence Against or 2. When robbery is accompanied by rape or intentional mutilation or arson 2. On the occasion or by reason means that it must be committed in
Intimidation of 3. When by reason or on occasion of such robbery, any of the physical injuring resulting in RT medium to RP the course of or because of the robbery
Persons insanity, imbecility, impotency or blindness is inflicted paragraph 2 (no. 3) 3. Robbery and homicide are separate offenses, when the homicide
4. When by reason or on occasion of such robber, any of the physical injuries resulting in was not committed on occasion or by reason of robbery
loss of use of speech or the power to hear or to smell, or the loss of an eye, a hand, a RT paragraph 3 4. Homicide should be understood in general sense
foot, an arm, or a leg or the loss of the use of any such member or incapacity for the (no. 4) 5. Juridical concept of robbery with homicide does not limit taking of
work in which the injured person is theretofore habitually engaged is inflicted life to 1 single victim or to ordinary homicide all homicides or
5. If the violence or intimidation employed in the commission of the robbery is carried to a PM maximum to RT murders are merged in the composite, integrated whole that is
degree clearly unnecessary for the commission of the crime medium paragraph 4 robbery with homicide so long as all the killings were perpetrated by
6. When in the course of its execution, the offender shall have inflicted upon any person (no. 5 and 6) reason or on the occasion of the robbery
not responsible for the commission of the robbery any of the physical injuries in 6. There is no such crime as robbery with murder
consequence of which the person injured becomes deformed or loses any other member PC maximum to PM 7. Robbery with homicide in dwelling does not require that RFUT is
of his body or loses the use thereof or becomes ill or incapacitated for the performance medium paragraph 5 first committed
of the work in which he is habitually engaged for more than 90 days or the person (no. 7) 8. An intent to take personal property belonging to another with intent
injured becomes ill or incapacitated fro labor for more than 30 days to gain must precede killing
7. If the violence employed by the offender does not cause any of the serious physical 9. Homicide may precede robbery or may occur after robbery
injuries defined in Art. 263, or if the offender employs intimidation only 10. The killing of any person by reason of or on occasion of robbery is
punished by highest penalty regardless of the person killed, and
Requisites of Robbery under Second Case of Paragraph 4: even if death supervened due to an accident.
1. That any of the physical injuries defined in paragraphs 3 and 4 of Art. 263 was inflicted in 11. Where homicide is not proved, the crime is only robbery and vice
the course of the robbery versa
2. That any of them was inflicted upon any person not responsible for the commission of 12. An accessory to robbery with homicide must have knowledge of the
the robbery commission of both crimes to be liable, not just robbery

RVAIP under Paragraph 5 of Art. 294 Robbery with Rape

- known as simple robbery, because the violence against any person does not result in 1. Even if the rape is committed at another place, it is still robbery with
homicide, rape, intentional mutilation, or any serious physical injuries that give rise to a rape
special complex crime 2. There is no such crime as robbery with attempted rape, because
Threats to Extort Money Distinguished from Robbery Thru Intimidation: robbery cannot be a necessary means to commit attempted rape or
1. Both, there is intimidation by offender vice versa
2. Both, purpose is identical: to obtain gain 3. When taking of personal property is an independent act following
3. In robbery, intimidation is actual and immediate; In threats, intimidation is conditional or defendants failure to consummate the rape, there are 2 crimes:
future theft and attempted rape
4. In robbery, intimidation is personal; In threats, it may be done thru an intermediary 4. Additional rapes committed on same occasion of robbery will not
5. In robbery, intimidation is directed only to person of victim; In threats, intimidation may increase penalty
refer to person, honor or property of offended party or that of his family 5. If rape and homicide with robbery co-exist, the rape will be
6. In robbery, gain of culprit is immediate; in threats, gain is not immediate considered as an aggravating circumstance

Robbery with Violence Distinguished from Grave Coercion: Robbery Under Paragraph 5:
1. Both, there is violence used by offender 1. Violence/intimidation need not be present at any time before or at
2. In robber, there is intent to gain; in grave coercion, there is not such element exact moment when object taken
2. Reason: Asportation is a complex fact, a whole divisible into parts,
Robbery and Bribery Distinguished: a series of acts, in course of which personal violence/intimidation
1. Robbery if victim did not commit a crime and is intimidated with arrest and/or may be injected
prosecution to deprive him of his personal property; Bribery when victim has committed 3. In robbery with intimidation, there must be acts done by the accused
a crime and give money or gift to avoid arrest or prosecution which, either by their own nature or by reason of the circumstances
2. In robbery, victim is deprived of money/property by force or intimidation; in bribery, he under which they are executed, inspire fear in person against whom
parts with money/property in a sense voluntarily they are directed

295 Qualifying Circumstances in RVAIP: Maximum period of 1. Any of the qualifying circumstances must be alleged
Robbery with 1. in an uninhabited place, or proper penalties 2. Being qualifying, it cannot be offset by a generic mitigating
Physical Injuries, 2. by a band, or circumstance
c o m m i t t e d 3. by attacking a moving train, street car, motor vehicle or airship, or 3. The intimidation with use of firearm qualifies only robbery on a
Uninhabited Place 4. by entering passengers compartments in a train, or in any manner taking the street, road, etc.
and by a band, or use passengers thereof by surprise in the respective conveyances 4. Article 295 does not apply to robbery with homicide, or rape, or
of Firearm 5. on a street, road, highway, or alley, and the intimidation is made with the use of firearms serious physical injuries under par. 1 or Art. 263
296 Outline: Maximum period of 1. To avoid liability, there must be proof that he made an endeavor to
Definition of a Band 1. When at least 4 armed malefactors take part in commission of a robbery, it is deemed to corresponding penalty prevent the assault committed by another member of the band, in
and Penalty Incurred be committed by a band provided by law, without order that he may not be held liable for such assault
2. When any of the arms used in the commission of robber is not licensed, the penalty prejudice to criminal 2. Clubs are considered as arms
upon ALL the malefactors shall be the maximum period of corresponding penalty liability for illegal 3. When the robbery was not committed by a band, the robber who did
provided by law, without prejudice to criminal liability for illegal possession of such possession of such not take part in the assault by another is not liable for that assault
unlicensed firearms unlicensed firearms 4. When robbery was not by a band and homicide was not determined
3. Any member of a band who was present at the commission of a robbery by the band, by the accused when they plotted the crime, the one who did not
shall be punished as principal of any of the assaults committed by the band, unless it be participate in the killing is liable for robbery only
shown that he attempted to prevent the same 5. When there is conspiracy to commit homicide and robbery, all the
conspirators, even if less than 4 armed men, are liable for special
Requisites for Liability for Acts of the Other Members of the Band: complex crime of robbery with homicide
1. That he was a member of the band 6. Member must be present at the commission of the robbery to be
2. That he was present at commission of a robbery by that band held liable
3. That the other members of the band committed an assault 7. Proof of conspiracy not necessary when 4 or more armed persons
4. That he did not attempt to prevent the assault committed robbery
8. Use of firearm, whether licensed or unlicensed, in making the
intimidation is a qualifying circumstance in any of the paragraphs 3,
4 and 5 of Art. 294 is committed on a street, etc.

297 RT m a x i m u m t o R P, 1. Homicide is used in its generic sense

Attempted and unless homicide 2. Penalty is the same, whether attempted or frustrated
Frustrated Robbery committed shall deserve a 3. Not attempted or frustrated if there is not overt act of robbery
Committed Under higher penalty under the 4. Robbery with Homicide and attempted or frustrated robbery with
C e r t a i n RPC Homicide are special complex crimes
Circumstances 5. Article 48 is applicable when offense committed is attempted or
frustrated robbery with serious physical injuries

337 1. Offended party is a virgin, which is presumed if she is unmarried and of good reputation 1. People vs. Balbar (direct assault and act of lasciviousness in a
Qualified Seduction 2. that she must be over 12 and under 18 years of age classroom where offended party conduct her classes) the
3. that the offender has sexual intercourse with her presence or absence of lewd designs is inferred from the nature of
4. That there is abuse of authority, confidence or relationship on the part of the offender the acts themselves and the environmental circumstances.
Considering the manner, place and time under which the acts were
done, lewd designs can be hardly attributed to Balbar.
2. US vs. SUAN there is no seduction when the offended party had
other illicit relationships with other men. SEDUCTION lies on the
chaste character or the woman.

338 1. That the offended party is over 12 and under 18 years of age A Mayor 1. If the girl is under 12, the crime is rape; if she is over 18, and there
Simple Seduction 2. That she must be of good reputation, single or widow is no force or intimidation or she is not unconscious or otherwise
3. That the offender has sexual intercourse with her deprived of reason, there is no crime, even if deceit was used
4. That it is committed by means of deceit 2. Virginity of the offended party is not required
3. There must be sexual intercourse, otherwise, the crime is acts of
lasciviousness
4. A man is liable though willing to marry girl seduced by him
5. Promise of marriage by a married man or after sexual intercourse is
not seduction
6. There is no continuing offense of seduction
7. Purpose: to punish the seducer
8.

339 1. That the offender commits acts of lasciviousness or lewdness A Mayor 1. Male cannot be offended party in this crime
Acts of 2. That the acts are committed upon a woman who is a virgin or single or widow of good 2. It is necessary that crime is committed under circumstances which
Lasciviousness with reputation, under 18 years of age but over 12 years, or a sister or descendant would make it qualified or simple seduction had there been sexual
Consent of Offended regardless of her reputation or age intercourse, instead of acts of lewdness only
Party 3. That the offender accomplishes the acts by abuse of authority, confidence, relationship, 3. Distinguished from Acts of Lasciviousness (336)
or deceit a. Both treat of acts of lasciviousness
b. Art. 336 acts are committed under circumstances which, had
there been carnal knowledge, would amount to rape
c. Art. 339 acts of lasciviousness are committed under the
circumstances which, had there been carnal knowledge,
would amount to either qualified seduction or simple seduction
340 1. Offender is person under age PM to satisfy lust of 1. Habituality or abuse of authority or confidence is not necessary
Corruption of Minors 2. Person promotes or facilitates prostitution or corruption of person under age another 2. One who casts for his own lust is not liable here
3. Purpose is to satisfy lust of another 3. Single act without abuse of authority or confidence is now a crime
In addition, TAD public 4. Not necessary that unchaste acts have been done
officer or employee 5. Victim must be of good reputation, not a prostitute, or corrupted
person
6. A mere proposal will consummate offense

341 Acts Penalized: PC medium and 1. One of the mentioned acts is sufficient to constitute the offense
White Slave Trade 1. Engaging in business of prostitution maximum 2. Habituality is not a necessary element
2. Profiting by prostitution 3. Person engaged in the business of prostitution need not be owner
3. Enlisting services of women for the purpose of prostitution of the house
4. Maintainer or manager of house of ill-repute need not be present
therein at time of raid or arrest to be liable

342 1. That the person abducted is any woman, regardless of her age, civil status, or reputation RT 1. Woman abducted may be married
Forcible Abduction 2. That the abduction is against her will 2. Virginity is not an essential element of this crime
3. That the abduction is with lewd designs 3. Crimes against Chastity where age and reputation are immaterial:
rape, acts of lasciviousness agains the will or without the consent of
offended party, qualified seduction of sister or descendant, and
forcible abduction
4. When female is under 12, it is not necessary that she be taken
against her will
5. Sexual intercourse is not necessary
6. Lewd designs may be shown by the conduct of the accused
7. when there are several defendants, it is enough that one has lewd
designs
8. Husband is not liable for abduction of wife
9. Nature of Crime: violative of individual liberty of abducted, her
honor and reputation and public order
10. Distinguished from Grave Coercion:
a. In both there is violence or intimidation by offender
b. Grave Coercion no element of lewd design
11. Distinguished from

343 1. That the offender must be a virgin PC minimum and medium 1. If offender is under 12, it is forcible abduction.
Consented Abduction 2. That she must be over 12 and under 18 years of age 2. The taking away of the girl need not be with some character of
3. That the taking away of the offended praty must withoher consent after solicitation or permanency
cajolery from the offender 3. Abductor need not actually and personally have taken the abducted
4. That the taking away of the offended party must be with lewd designs female from her parents home, or induced her to abandon it; it is
sufficient that he was instrumental in her escape
Purpose of Law: prescribe punishment for the disgrace to her family and the alarm caused 4. When there was no solicitation of cajolery and no deceit and the girl
therein voluntarily went with man, there is no crime committed even if they
had sexual intercourse
Virginity is not to be understood in a material a sense as to exclude the idea of abduction of a 5. Actual sexual intercourse is not necessary, since the important
virtuous woman of good reputation element is merely lewd designs
344 1. Adultery and concubinage must be prosecuted upon complaint signed by the offended 2. The court motu proprio can dismiss the case for failure of the
Prosecution of party aggrieved party to file the proper complaint
Crimes of Adultery, 2. Seduction, abduction or acts of lasciviousness must be prosecuted upon complaint 3. Rape may be prosecuted de oficio
Concubinage, signed by: 4. Imputation of crime of prostitution against a woman can be
Abduction, Rape, and a. Offended party, prosecuted de oficio.
Acts of b. Her parents, 5. Adultery or Concubinage
Lasciviousness c. Grandparents, or a. Only offended spouse can file the complaint
d. Guardians in the order in which they are named above b. Both parties, if both alive, must be included in complaint
c. Both parties must be included even if one of them is not guilty
Underlying Principle why Crimes against Chastity Cannot be Prosecuted de oficio: out of 6. Seduction, Abduction or Acts of Lasciviousness
consideration for the offended woman and her family who might prefer to suffer the outrage a. The right to file action granted to parents, grandparents or
in silence rather than go thru with the scandal of a public trial guardian shall be exclusive of all other persons and shall be
exercise successively
Guardian legal, not natural guardian, that is, guardian legally appointed in accordance with b. It is exclusive, because if the parent, for example, refuse to
the provision of the law file, the grandparents cannot file the complaint
c. When offended party is a minor, her parents may file
complaint
Pardon in Crimes of Chastity: d. When offended party is of age, and she is complete
- only offended party may pardon possession of her mental and physical faculties, she alone
- Pardon of offended party who is a minor must have concurrence of parents can file the complaint
(except: when she has no parents) e. The father, if living, is not necessarily preferred to the mother
- Condonation is not pardon in concubinage or adultery; any act of infidelity in filing the complaint
subsequent to condonation constitutes a new offense 7. Complaint must be filed in court, not with the fiscal
8. Rape complexed with another crime (a public crime) need not be
1. Adultery or Concubinage bars prosecution of crime signed by offended woman
- effective if made: 9. Actual Marriage with offended party
a. Before the institution of the criminal action, and a. Extinguishes criminal action or remits the penalty already
b. Both offenders must be pardoned by both parties imposed
2. Acts of Lasciviousness, Seduction and Abduction bars prosecution of crime b. Benefits the co-principals, accomplices and accessories
a. must be EXPRESS 10. Marriage between parties guilty of adultery or concubinage does not
b. Before the institution of criminal action extinguish the criminal action

345 Seduction or Abduction: 1. Under the RPC, there is no civil liability for acts of lasciviousness
Civil Liability of 1. To indemnify the offended woman 2. Reasons for Indemnity in Adultery or Concubinage:
Persons Guilty of 2. To acknowledge offspring, unless the law should prevent him form doing so acknowledgment of offspring is not legally possible, support is not
Crimes Against 3. In every case, to support the offspring included, because the person who give birth, if at all, is one of the
Chastity offenders and not the offended party
Adultery or Concubinage 3. Moral damages are recoverable by both offended party and her
- Indemnify damages caused to offended spouse parents
4. Under the Family Code, since children are classified as legitimate or
illegitimate, the man (adultery or concubinage) should now be
sentenced to support offspring, in addition to indemnity

346 Persons Liable Penalties prescribed in Crimes Embraces in Chapters 2, 3 and 4:

Liability of - cooperate as accomplices but are punished as principals: Chapters 2, 3, 4 1. Acts of Lasciviousness
A s c e n d a n t s , 1. Ascendants Te a c h e r s T S D 2. Qualified Seduction
Guardians, Teachers 2. Guardian maximum to PSD 3. Simple Seduction
or Other Persons 3. Curators Other Person Special 4. Acts of lasciviousness with the consent of the offended party
Entrusted with 4. Teachers, and disqualification from filling 5. Corruption of minors
Custody 5. Any other person, who cooperates as accomplice with abuse of authority or confidential office of guardian 6. White slave trade
relationship 7. Forcible Abduction
8. Consented Abduction

365 1. Offended party must choose the civil liability

Imprudence and
Neligence