DE LA SALLE UNIVERSITY

COLLEGE OF LAW

CRIMINAL LAW 2

RENATO M. PAMBID

Course coverage

The course covers Book Two of the Revised Penal Code, titled Crimes and
Penalties, covers Articles 114 365 thereof, and amendments thereto.
Several special penal laws will also be discussed. There are fifteen (15) titles
in Book II of the Revised Penal Code, with the various crimes classified into
fourteen (14) titles. Discussions will focus on the definition of crimes, their
nature, elements and qualifying circumstances.

Bases of grades

Passing grade is 75%. Thirty percent (30%) of the final grade shall be based
on Class Performance, thirty percent (30%) on the Mid-Term Examinations,
and forty percent (40%) on the Final Examinations. Class performance
consists of recitations, writing assignments and quizzes.

Course outline

INTRODUCTION TO CRIMINAL LAW II

Coverage of Criminal Law !!

Review of Basic Concepts in Criminal Law

I. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

A. Crimes against national security

Treason and espionage

1. Treason (Art. 114)

Rep. Act No. 7659
Rep. Act No. 9346
Laurel v. Misa, 77 Phil. 856 (1947)
People v. Manayao, 78 Phil. 721 (1947)
People v. Perez, 83 Phil. 314 (1949)
People v. Prieto, 80 Phil. 138 (1948)
People v. Adriano, 78 Phil. 561 (1947)

2. Conspiracy and proposal to commit treason (Art. 115)

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 3. Misprision of treason (Art. 116)

4. Espionage (Art. 117)

Commonwealth Act No. 616

B. Crimes against the law of nations

Provoking war and disloyalty in case of war

5. Inciting to war or giving motives for reprisals (Art. 118)

6. Violation of neutrality (Art. 119)

7. Corresponding with hostile country (Art. 120)

8. Flight to enemy's country (Art. 121)

Piracy and mutiny on the high seas or in Philippine Waters

9. Piracy in general and mutiny on the high seas or in Philippine

waters (Art. 122)

10. Qualified piracy (Art. 123)

Pres. Decree No. 532

Rep. Act No. 7659
People v. Lol-lo and Saraw, 43 Phil 19 (1922)
People v. Rodriguez, 135 SCRA 485 (1985)
People v. Siyoh, 141 SCRA 356 (1986)
People v. Tulin, G.R. No. 111709, 30 August 2001, 364 SCRA
11 (2001)

11. Hijacking
Rep. Act No. 6235

II. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

A. Arbitrary detention and expulsion

1. Arbitrary detention (Art. 124)

RULES OF COURT, Rule 113, sec. 1, 2
RULES OF COURT, Rule 113, sec. 5
Milo v. Salanga, 152 SCRA 113 (1987)
People v. Burgos, 144 SCRA 1 (1986)
Umil v. Ramos, 187 SCRA 311 (1990)

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 2. Delay in the delivery of detained persons to the proper judicial
authorities (Art. 125)
Exec. Order No. 272
RULES OF COURT, Rule 112, sec. 7
See also Rep. Act No. 7438
Sayo v. Chief of Police, 80 Phil. 859 (1948)
Medina v. Orozco, 18 SCRA 1168 (1966)
Jasper Agbay v. The Honorable Deputy Ombudsman for the
Military, et.al., G.R. No. 134503, 2 July 1999
Soria v. Desierto, G.R. Nos. 153524-25, 31 January 2005

3. Delaying release (Art. 126)

4. Expulsion (Art. 127)

B. Violation of domicile

5. Violation of domicile (Art. 128)

6. Search warrants maliciously obtained and abuse in the service

of those legally obtained (Art. 129)
RULES OF COURT, Rule 126
Stonehill v. Diokno, 20 SCRA 383 (1967)
Burgos v. Chief of Staff, 133 SCRA 800 (1984)

7. Searching domicile without witnesses (Art. 130)

C. Prohibition, interruption, and dissolution of peaceful meetings

8. Prohibition, interruption, and dissolution of peaceful meetings

(Art. 131)

D. Crimes against religious worship

9. Interruption of religious worship (Art. 132)

10. Offending the religious feelings (Art. 133)

People v. Mandoriao, 51 OG 4619 (1955)
People v. Baes, 68 Phil. 203 (1939)
People v. Tengson, 67 OG 1552
People v. Nanoy, 69 OG 8043

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 III. CRIMES AGAINST PUBLIC ORDER

A. Rebellion, coup d'etat, sedition, and disloyalty

1. Rebellion or insurrection (Art. 134)

Rep. Act No. 6968
People v. Lovendioro, 250 SCRA 389 (1995)
People v. Dasig, 221 SCRA 549 (1993)
Umil v. Ramos, supra
People v. Hernandez, 99 Phil. 515 (1956)
People v. Geronimo, 100 Phil. 90 (1956)
Enrile v. Salazar, 186 SCRA 217 (1990)
Ponce Enrile v. Amin, 189 SCRA 573 (1990)
Sanlakas, et.al.v. Angelo Reyes, et.al., G.R. Nos. 159085,
159103,
159185, 159196, 3 February 2004, Read only the
Separate Opinion of Justice Consuelo Ynares-Santiago

2. Coup detat (Art. 134-A)

3. Conspiracy and proposal to commit coup d'tat, rebellion or

insurrection (Art. 136)

4. Disloyalty of public officers or employees (Art. 137)

5. Inciting to rebellion or insurrecion (Art. 138)

6. Sedition (Art. 139)

People v. Cabrera, 43 Phil. 64 (1922)

7. Conspiracy to commit sedition (Art. 141)

8. Inciting to sedition (Art. 142)

U.S. v. Tolentino, 5 Phil 682 (1906)
Espuelas v. People, 90 Phil. 524 (1951)
Umil v. Ramos, supra

B. Crimes against popular representation

8. Acts tending to prevent the meeting of Congress and similar

bodies (Art. 143)

9. Disturbance of proceedings of Congress or similar bodies (Art.

144)

10. Violation of parliamentary immunity (Art. 145)

Martinez v. Morfe, 44 SCRA 22 (1972)

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C. Illegal assemblies and associations

11. Illegal assemblies (Art. 146)

Batas Pambansa Blg. 880

12. Illegal associations (Art. 147)

Illegal possession of firearms

Pres. Decree No. 1866

Rep. Act No. 8294
People v. Quijada, 259 SCRA 225 (1996)
People v. Ringor, Jr., 320 SCRA 342 (1999)
R. A. 10591

D. Assault upon, and resistance and disobedience to persons in

authority and their agents

13. Direct assaults (Art. 148)

People v. Beltran, 138 SCRA 521 (1985)
People v. Dollantes, 151 SCRA 592 (1987)

14. Indirect assaults (Art. 149)

15. Disobedience to summons issued by Congress, its committees,

etc., by the constitutional commissions, its committees, etc.
(Art. 150)

16. Resistance and disobedience to a person in authority or the

agents of such person (Art. 151)

E. Public disorders

17. Tumults and other disturbances of public order (Art. 153)

18. Unlawful use of means of publication & unlawful utterances

(Art. 154)

19. Alarms and scandals (Art. 155)

20. Delivering prisoners from jails (Art. 156)

Alberto v. De la Cruz, 98 SCRA 406 (1980)
Elements: 1.) That there is a person confined in a jail or penal
establishment 2.) That the offender removes therefrom such person or
helps the escape of such person (Qualifying Circumstance:

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F. Evasion of service of sentence

21. Evasion of service of sentence (Art. 157)

Tanega v. Masakayan, 19 SCRA 564 (1967)
People v. Abilong, 82 Phil. 172 (1948)

22. Evasion of service of sentence on the occasion of disorder,

conflagrations, earthquakes, or other calamities (Art. 158)

23. Other cases of evasion of service of sentence [violation of

conditional pardon] (Art. 159)
Torres v. Gonzales, 152 SCRA 272 (1987)

G. Commission of another crime during service of penalty imposed

for another previous offense

24. Commission of another crime during service of penalty imposed

for another previous offense (Art. 160)
People v. Dioso, 132 SCRA 616 (1984)

IV. CRIMES AGAINST PUBLIC INTEREST

A. Forgeries

Forging the seal of the Government of the Philippine Islands, the

signature or stamp of the Chief Executive

1. Counterfeiting the great seal of the Government of the Republic

of the Philippines, forging the signature or stamp of the Chief
Executive (Art. 161)

2. Using forged signature or counterfeiting seal or stamp (Art. 162)

Counterfeiting Coins

3. Making and importing and uttering false coins (Art. 163)

People v. Kong Leon, 48 OG 664

4. Mutilation of coins, importation and uttering of mutilated coins

(Art. 164)
Pres. Decree No. 247

5. Selling of false or mutilated coins, without connivance (Art. 165)

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Forging treasury or bank notes, obligations and securities;
importing and uttering false or forged notes, obligations and
securities

6. Forging treasury or bank notes or other documents payable to

bearer, importing and uttering of such false or forged notes and
documents (Art. 166)
Del Rosario v. People, 3 SCRA 650
People v. Galano, 54 OG 5897

7. Counterfeiting, importing and uttering instruments payable to

bearer (Art. 167)

8. Illegal possession and use of forged treasury or bank notes and

other instruments of credit (Art. 168)

Falsification of legislative, public, commercial, and private

documents, and wireless, telegraph, and telephone messages

9. Falsification of legislative documents (Art. 170)

10. Falsification by public officer, employee or notary or ecclesiastic

minister (Art. 171) (MEMORIZE THE 8 KINDS OF
FALSIFICATION)

11. Falsification by private individuals and use of falsified

documents (Art. 172)

Falsification
People v. Romualdez, 57 Phil. 148
Berdadio v. CA, 103 SCRA 567
Luague v. CA, 112 SCRA 97
Cabigas v. People, 152 SCRA 18
People v. Sandaydiego, 81 SCRA 120
Siquian v. People, 171 SCRA 223
People v. Villalon, 192 SCRA 521

Use of falsified documents

People v. Dava, 202 SCRA 62

12. Falsification of wireless, cable, telegraph and telephone

messages and use of said falsified messages (Art. 173)

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 Falsification of medical certificates, certificates of merit or
service and the like

13. False medical certificates, false certificates of merit or service

(Art. 174)

14. Using false certificates (Art. 175)

Manufacturing, importing and possession of instruments or

implements intended for the commission of falsification

15. Manufacturing and possession of instruments or implements for

falsification (Art. 176)

B. Other Falsities

Usurpation of authority, rank, title, and improper use of names,

uniforms and insignia

16. Usurpation of authority or official functions (Art. 177)

People v. Cortez, 73 OG 10056
Gigantoni v. People, 162 SCRA 158

17. Using fictitious name and concealing true name (Art. 178)
Commonwealth Act No. 142
Legamia v. IAC, 131 SCRA 478

18. Illegal use of uniforms or insignia (Art. 179)

Rep. Act No. 75
Rep. Act No. 493

False testimony

19. False testimony against a defendant (Art. 180)

20. False testimony favorable to the defendant (Art. 181)

21. False testimony in civil cases (Art. 182)

22. False testimony in other cases and perjury in solemn

affirmation (Art. 183)
Diaz v. People, 191 SCRA 86

23. Offering false testimony in evidence (Art. 184)

C. Frauds

Machinations, monopolies and combinations

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 24. Machinations in public auctions (Art. 185)
Quano v. Court of Appeals, 188 SCRA 799

25. Monopolies and combinations in restraint of trade (Art. 186)

Frauds in commerce and industry

26. Importation and disposition of falsely marked articles or

merchandise made of gold, silver, or other precious metals or
their alloys (Art. 187)

27. Substituting and altering trade marks and trade names or

service marks (Art. 188)

28. Unfair competition and fraudulent registration of trade mark or

trade name, or service mark; fraudulent designation of origin,
and false description (Art. 189)

V. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

(Republic Act No. 9165 or the Dangerous Drugs Act of 2002)
People of the Philippines v. Edelma Lagata, G.R. No. 135323, 25
June 2003
People v. Bongcarawan, 384 SCRA 525, 531 (2002)
People v. Hedishi Suzuki, G.R. No. 120670, 23 October 2003
People v. Casimiro, 383 SCRA 390 (2002)
People v. Chua, 396 SCRA 657 (2003)

VI. CRIMES AGAINST PUBLIC MORALS

A. Gambling and Betting

R.A. 9287
Pres. Decre No. 1602
Letter of Instruction 816

1. Importation, sale and possession of lottery tickets or

advertisements (Art. 196)

2. Betting in sports contests (Art. 197)

3. Illegal betting on horse races

4. Illegal cockfighting (Art. 199)

B. Offenses Against Decency and Good Customs

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 5. Grave scandal (Art. 200)

6. Immoral doctrines, obscene publications and exhibitions,

and indecent shows (Art. 201)
Pres. Decree No. 960, as amended by Pres. Decree No. 969
People v. Kottinger, 45 Phil. 352 (1924)
People v. Aparici, 52 OG 249
People v. Padan, 101 Phil 749 (1957)

7. Vagrants and prostitutes (Art. 202)

Pres. Decree No. 1563
R.A. 9208

VII. CRIMES COMMITTED BY PUBLIC OFFICERS

A. Malfeasance and Misfeasance in Office

Dereliction of duty

1. Knowingly rendering unjust judgment (Art. 204)

2. Judgment rendered through negligence (Art. 205)

3. Unjust interlocutory order (Art. 206)

4. Malicious delay in the administration of justice (Art. 207)

5. Prosecution of offenses; negligence and tolerance (Art.

208)

6. Betrayal of trust by an attorney or solicitor; Revelation of

secrets (Art. 209)

Bribery

7. Direct bribery (Art. 210)

- The act need not necessarily be unjust, the mere fact that a
public officer asks for a consideration is a crime in itself.

8. Indirect bribery (Art. 211)

9. Qualified bribery (Art. 211-A

10. Corruption of public officials (Art. 212)

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 Manipon v. Sandiganbayan, 143 SCRA 267- Sheriff, asked for a bribe,
to lift the garnishment on Dominguezs bank account. GUILTY of Direct
Bribery

(1) That the accused is a public officer; [sheriff] (2) That he

received directly or through another some gift or present, offer or
promise; [1000php bribe money](3) That such gift, present or
promise has been given in consideration of his commission of
some crime, or any act not constituting a crime, or to refrain from
doing something which it is his official duty to do, and [it was
his official duty to execute labor arbiters decision](4) That the
crime or act relates to the exercise of his functions as a public
officer. The promise of a public officer to perform an act or to
refrain from doing it may be express or implied. [Manipon
refused to lift the garnishment of Dominguezs account without
first paying him money]

Dacumas v. Sandiganbayan, 195 SCRA 833

(1) That the accused is a public officer; [Revenue Examiner BIR]

(2) That he received directly or through another some gift or

present, offer or promise; [Received payment in Rizal Cafe
Makati in relation to work]

(3) That such gift, present or promise has been given in

consideration of his commission of some crime, or any act not
constituting a crime, or to refrain from doing something which it
is his official duty to do, and [As Tax examiner]

(4) That the crime or act relates to the exercise of his functions
as a public officer. The promise of a public officer to perform an
act or to refrain from doing it may be express or implied. [Settling
of Tax Liability of R. Revilla]

Pres. Decree No. 46

Pres. Decree No. 749

B. Frauds and Illegal Exactions and Transactions

11. Frauds against the public treasury and similar offenses

(Art. 213)

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 12. Other frauds (Art. 214)

13. Prohibited transactions (Art. 215)

14. Possession of prohibited interest by a public officer (Art.

216)

B. Malversation of Public Funds or Property

-IN Malversation, the burden of evidence shifts. Once a
public officer fails to account a property in his custody,
there is already a presumption of malversation.

15. Malversation of public funds or property (Art. 217)

Labatagos v. Sandiganbayan, 183 SCRA 415 (Pregnant Cashier,
misappropriation) Not even for personal use
Malversation consists not only in misappropriation or
converting public funds or property to ones personal use but
also by knowingly allowing others to make use of or
misappropriate them.

Estepa v. Sandiganbayan, 182 SCRA 269

The crime of malversation of public funds includes

abandonment or negligence that shall permit any other person
to take such public funds or property (Art 217,RPC)

Ilogon v. Sandiganbayan, 218 SCRA 766

All that is necessary for conviction in malversation is proof that
the accountable officer had received public funds and that he
did not have them in his possession when demand therefore as
made. There is even no need of direct evidence of personal
misappropriation as long as there is a shortage in his account
and petitioner cannot satisfactorily explain the same.

The fact also that petitioner fully settled the amount of

P188,003.10 later is of no moment. The return of funds

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malversed is not a defense. It is neither an exempting
circumstance nor a ground for extinguishing the accused's
criminal liability. At best, it is a mitigating circumstance.

Azarcon v. Sandiganbayan, 268 SCRA 747

The National Internal Revenue Code only grants the BIR the
power to designate a private person as a depository, and this it
did when it required petitioner Azarcon to sign a receipt for the
distrained truck

This designation, however, does not make Azarcon a public

officer. The NIRC does not grant the BIR such an authority.
The power to designate depositories cannot be stretched to
include a power to appoint public officers.Since Azarcon was
not a public officer, the Sandiganbayan had no jurisdiction
over his case.

The information does not charge Azarcon of being a co-

principal, accomplice or accessory to a public officer
committing an offense Sandiganbayans jurisdiction. under the
Sandiganbayans jurisdiction.

16. Failure of accountable officer to render accounts (Art.

218)

17. Failure of a responsible public officer to render accounts

before leaving the country (Art. 219)

18. Illegal use of public funds or property (Art. 220)

19. Failure to make delivery of public funds or property (Art.

221)

D. Infidelity of Public Officers

Infidelity in the custody of prisoners

20. Conniving with or consenting to evasion (Art. 223)

Rodillas v. Sandiganbayan, 161 SCRA 347

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The negligence referred to in the third element is such definite
laxity as all but amounts to a deliberate non- performance of
duty on the part of the guard. It is evident that petitioner acted
negligently and beyond the scope of his authority when he
permitted his charge to create the situation which led to her
escape.
21. Evasion through negligence (Art. 224)

22. Escape of prisoner under the custody of a person not a

public officer (Art. 225)

Infidelity in the custody of documents

23. Removal, concealment or destruction of documents (Art.

226)

24. Officer breaking seal (Art. 227)

25. Opening of closed documents (Art. 228)

Revelation of secrets

26. Revelation of secrets by an officer (Art. 229)

27. Public officer revealing secrets of private individual (Art.

230)

E. Other Offenses or Irregularities by Public Officers

Disobedience, refusal of assistance and maltreatment of

prisoners

28. Open disobedience (Art. 231)

29. Disobedience to order of superior officer, when said order

was suspended by inferior officer (Art. 232)

30. Refusal of assistance (Art. 233)

31. Refusal to discharge elective office (Art. 234)

32. Maltreatment of prisoners (Art. 235)

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 Anticipation, prolongation and abandonment of the duties
and powers of public office

33. Anticipation of duties of a public office (Art. 236)

34. Prolonging performance of duties and powers (Art. 237)

35. Abandonment of office or position (Art. 238)

Usurpation of powers and unlawful appointments

36. Usurpation of legislative powers (Art. 239)

37. Usurpation of executive functions (Art. 240)

38. Usurpation of judicial functions (Art. 241)

39. Disobeying request for disqualification (Art. 242)

40. Orders or requests by executive officers to any judicial

authority (Art. 243)

41. Unlawful appointments (Art. 244)

Abuses against chastity

42. Abuses against chastity (Art. 245)

Graft and corruption

Rep. Act No. 1379
Almeda v. Perez, 5 SCRA 970
Almeda contends that the amendments to the petition (i.e.
counts of newly-discovered items allegedly unlawfully
acquired) are not valid without a separate prior investigation.

Cabal v. Kapunan, 6 SCRA 1059

Republic v. IAC, 172 SCRA 296 [172 SCRA 295 [1989].

Rep. Act No. 3019 (see also Rep. Act No. 6713)
Jaravata v. Sandiganbayan, 127 SCRA 363
Trieste v. Sandiganbayan, 145 SCRA 508
Mejorada v. Sandiganbayan, 151 SCRA 399

Plunder
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 Rep. Act No. 7080
Estrada vs. Sandiganbayan GR No. 148560 November 19, 2001
Organo vs. Sandiganbayan GR Ni. 136916 December 14, 1999

VIII. CRIMES AGAINST PERSONS

A. Destruction of Life

Parricide, murder, homicide

1. Parricide (Art. 246)

People v. Jumawan, 116 SCRA 739
People v. Tomotorgo, 136 SCRA 238

2. Death or physical injuries inflicted under exceptional

circumstances (Art. 247)
People v. Abarca, 153 SCRA 735

3. Murder (Art. 248)

4. Homicide (Art. 249)

People v. Buensuceso, 132 SCRA 143
People v. Pugay, 167 SCRA 439

5. Death caused in a tumultuous affray (Art. 251)

6. Physical injuries inflicted in a tumultuous affray (Art.

252)

7. Giving assistance to suicide (Art.253)

8. Discharge of firearms (Art. 254)

Infanticide and abortion

9. Infanticide (Art. 255)

10. Intentional abortion (Art. 256)

11. Unintentional abortion (Art. 257)

People v. Salufrania, 159 SCRA 439

12. Abortion practiced by the woman herself or by her parents

(Art. 258)

13. Abortion practiced by a physician or midwife and

dispensing of abortives (Art. 259)
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 Duel

14. Duel (Art. 260)

15. Challenging to a duel (Art. 261)

B. Physical Injuries

16. Mutilation (Art. 262)

17. Serious physical injuries (Art. 263)

18. Administering injurious substances or beverages (Art.

264)

19. Less serious physical injuries (Art. 265)

20. Slight physical injuries and maltreatment (Art. 266)

C. Rape

21. Rape (Art. 266-A)

Rep. Act No. 8353

People v. Orita, 184 SCRA 105- No such thing as frustrated Rape, Perfect penetration not
essential to deem the act of rape as consummated, any penetration is sufficient to warrant
a conviction.

People v. Mangalino, 182 SCRA 329- In Statutory rape, proof of intimidation or lack of
force is immaterial, proof of entrance to the labia of the male organ is sufficient.
b

People v. Villapana, 161 SCRA 72 -(1) An accusation for rape can be made with facility; it is

difficult to prove it but more difficult for the person accused, though innocent, to disprove

it; (2) In view of the intrinsic nature of the crime of rape where two persons are usually

involved, the testimony of the complainant must be scrutinized with extreme caution; and

(3) The evidence for the prosecution must stand or fall on its own merits, and cannot be

allowed to draw strength from the weakness of the evidence for the defense

The evidentiary rule is that in crimes against chastity, the testimony of the injured woman

should not be received with precipitate credulity; and when the conviction depends at any

vital point upon her uncorroborated testimony, it should not be accepted unless her

sincerity and candor are free from suspicion.

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Behavior of accused on witness stand as if crime charged were not serious gives an

impression of incredibility to his defense to rape charge.

People v. Balvuena, 129 SCRA 10 - The testimony of the victim, whose chastity has not
been questioned, is generally accorded credence because such offended party would not
have fabricated facts that could bring shame and dishonor on her.

People v. Castro 196 SCRA 679- SUMMARY: Castro raped his niece by making her stand
on the toilet bowl. Castro denied this and claims he was at school at the time of the rape.
The court held that he was guilty.DOCTRINE: Perfect penetration is not essential for the
offense of consummated rape.

People v. Ateneo, 196 SCRA 357- Sexual intercourse with a woman with a mentality of a
child below 12 years old constitutes rape, even if force and intimidation are absent.
Circumstance (Iv) does not only pertain to chornological age but also to mental age.

Hazing
Rep. Act No. 8049

IX. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

A. Crimes Against Liberty

Illegal detention

1. Kidnapping and serious illegal detention (Art. 267)

People v. Tomio, 202 SCRA 77
People v. Mercado, 131 SCRA 501
People v. Del Socorro, 182 SCRA 359 (cf. RA 7610)
People v. Padica, 221 SCRA 362
People v. Ramos, G.R. No. 118570, Oct. 12, 1998

2. Slight illegal detention (Art. 268)

3. Unlawful arrest (Art. 269)

Kidnapping of minors

4. Kidnapping and failure to return a minor (Art. 270)

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 People v. CA, 198 SCRA 186

5. Inducing a minor to abandon his home (Art. 271)

Slavery and servitude

6. Slavery (Art. 272)

7. Exploitation of child labor (Art. 273)

8. Services rendered under compulsion in payment of debts

(Art. 274)

B. Crimes Against Security

Abandonment of helpless persons and exploitation of

minors

9. Abandonment of persons in danger and abandonment of

one's own victim (Art. 275)
Lamera v. CA, 198 SCRA 186

10. Abandoning a minor (Art. 276)

11. Abandonment of minor by person entrusted with his

custody; indifference of parents (Art. 277)

12. Exploitation of minors (Art. 278)

Trespass to dwelling

13. Qualified trespass to dwelling (Art. 280)

14. Other forms of trespass (Art. 281)

Threats and coercion

15. Grave threats (Art. 282)

Timoner v. People, 125 SCRA 830
Lee v. CA, 201 SCRA 405

16. Light threats (Art. 283)

17. Other light threats (Art. 285)

18. Grave coercions (Art. 286)

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 19. Light coercions (Art. 287)

Unjust vexation
People v. Reyes, 60 Phil. 369
People v. Anonuevo, 36 OG 2018

20. Other similar coercions (Art. 288)

21. Formation, maintenance and prohibition of combination

of capital or labor through violence or threats (Art. 289)

C. Discovery and Revelation of Secrets

22. Discovering secrets through seizure of correspondence

(Art. 290)

23. Revealing secrets with abuse of office (Art. 291)

24. Revelation of industrial secrets (Art. 292)

X. CRIMES AGAINST PROPERTY

A. Robbery in General

1. Robbery with violence against or intimidation of persons

(Art. 294)

2. Robbery with physical injuries, committed in an

uninhabited place and by a band, or with the use of
firearm on a street, road or alley Art. 295)

3. Attempted and frustrated robbery committed under

certain circumstances (Art. 297)

4. Execution of deeds by means of violence or intimidation

(rt. 298)

5. Robbery in an inhabited house or public building or

edifice devoted to worship (Art. 299)

6. Robbery in an uninhabited place and by a band (Art. 300)

7. Robbery in an uninhabited place or in a private building

(Art. 302)

8. Robbery of cereals, fruits, or firewood in an uninhabited

place or private building (Art. 303)
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 Robbery
Napolis v. Court of Appeals, 43 SCRA 301
People v. Biruar, 130 SCRA 513

Robbery with homicide

People v. Mangulabnan, 99 Phil. 992
People v. Calixtro, 123 SCRA 369
People v. Pecato, 151 SCRA 14
People v. Tapales, 93 SCRA 134
People v. Quiones, 183 SCRA 747

Robbery with rape

People v. Patola, 141 SCRA 401
People v. Dinola, 183 SCRA 493
People v. Moreno, 220 SCRA 292

Robbery with physical injuries

People v. Salvilla, 184 SCRA 671

Robbery in band
People v. Apduhan, 24 SCRA 798

Robbery by use of force upon things

People v. Jaranilla, 55 SCRA 563

9. Possession of picklocks or similar tools (Art. 304)

10. False keys (Art. 305)

B. Brigandage

11. Brigandage (Art. 306)

12. Aiding and abetting a band of brigands (Art. 307)

Highway Robbery
Pres. Decree No. 532
People v. Puno, 219 SCRA 85
People v. Pulusan, G.R. No. 110037, May 21, 1998

C. Theft

13. Theft (Art. 308)

People v. Gulinao, 179 SCRA 774
Santos v. People, 181 SCRA 487

14. Qualified Theft (Art. 310)

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 Empelis v. IAC, 132 SCRA 398

Carnapping
R.A. No 10883
Rep. Act No. 6539
People v. De la Cruz, 183 SCRA 763
Izon v. People, 107 SCRA 118

Cattle rustling
Pres. Decree No. 533
Taer v. CA, 186 SCRA 598
Ordonio v. CA, 199 SCRA 873

Theft of electricity; illegal water, electric or telephone

connections
Pres. Decree No. 401
Rep. Act No. 7832
Rep. Act No. 8041

Illegal fishing
Rep. Act No. 8550, sec. 86 et seq.
Hizon v. CA, 265 SCRA 517

Illegal logging
Pres. Decree No. 330
Pres. Decree No. 705, sec. 68
Mustang Lumber, Inc. v. CA, June 19, 1996

Fencing
Pres. Decree No. 1612

15. Theft of the property of the National Library and National

Museum Art. 311)

D. Usurpation

16. Occupation of real property or usurpation of real rights in

property (Art. 312)

17. Altering boundaries or landmarks (Art. 313)

E. Culpable Insolvency

18. Fraudulent insolvency (Art. 314)

E. Swindling and Other Deceits

19. Swindling (estafa) (Art. 315)

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 Through unfaithfulness or abuse of confidence
Saddul v. CA, 192 SCRA 277

Trust receipts
Pres. Decree No. 115
Allied Banking Corp. v. Ordoez, 192 SCRA 246
Lee v. Rodil, 175 SCRA 100

Through false pretenses, fraudulent acts or means

Celino v. CA, 163 SCRA 97
Abejuela v. People, 200 SCRA 806
Koh Tieck Heng v. People, 192 SCRA 533
People v. Ong, 204 SCRA 942

Bouncing checks
Batas Pambansa Blg. 22
Nierras v. Dacuycuy, 181 SCRA 1
People v. Gorospe, 157 SCRA 154
Que v. People, 154 SCRA 160
People v. Nitafan, 215 SCRA 79
Lim Lao v. CA, 274 SCRA 572
Idos v. CA, G.R. No. 110782, Sept. 25, 1998

20. Other forms of swindling (Art. 316)

21. Swindling a minor (Art. 317)

22. Other deceits (Art. 318)

Villaflor v. CA, 192 SCRA 680
Veloso v. Sandiganbayan, 187 SCRA 504

Swindling by syndicate
Pres. Decree No. 1689

F. Chattel Mortgage

23. Removal, sale or pledge of mortgaged property (Art. 319)

G. Arson and Other Crimes Involving Destruction

24. Destructive arson (Art. 320)

25. Other forms of arson (Art. 321)

26. Cases of arson not included in the preceding articles (Art.

322)

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 27. Arson of property of small value (Art. 323)

28. Crimes involving destruction (Art. 324)

29. Burning one's own property as means to commit arson

(Art. 325)

30. Setting fire to property exclusively owned by the offender

(Art. 326)

31. In cases where death resulted as a consequence of arson

(Art. 326-A)

H. Malicious Mischief

32. Malicious mischief (Art. 327)

Caballes v. DAR, 168 SCRA 247
PD 1728

33. Special cases of malicious mischief (Art. 328)

34. Other mischiefs (Art. 329)

35. Damage and obstruction to means of communication (Art.

330)

36. Destroying or damaging statues, public monuments or

paintings (Art. 331)

XI. CRIMES AGAINST CHASTITY

A. Adultery and Concubinage

1. Adultery (Art. 333)

2. Concubinage (Art. 334)

B. Acts of Lasciviousness

3. Acts of lasciviousness (Art. 336)

People v. Famularcano, 43 OG 1721

C. Seduction, Corruption of Minors, and White Slave Trade

4. Qualified seduction (Art. 337)

People v. Fontanilla, 23 SCRA 1227
Babanto v. Zoza 120 SCRA 844
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 Perez v. CA, 168 SCRA 236

5. Simple seduction (Art. 338)

6. Acts of lasciviousness with the consent of the offended party

(Art. 339)

7. Corruption of minors (Art. 340)

Child prostitution
Rep. Act No. 7610 sec. 5 and 6

8. White slave trade (Art. 341)

D. Abduction

9. Forcible abduction (Art. 342)

10. Consented abduction (Art. 343)

Abduction; forcible abduction with rape

People v. Sunpongco, 163 SCRA 222
People v. Jose, 37 SCRA 450
People v. Alburo, 184 SCRA 655
People v. Godines, 196 SCRA 765

Prosecution of private offenses

Pilapil v. Ibay-Somera, 174 SCRA 653

XII. CRIMES AGAINST THE CIVIL STATUS OF PERSONS

A. Simulation of Births and Usurpation of Civil Status

1. Simulation of births, substitution of one child for another and

concealment or abandonment of a legitimate child (Art. 347)
People v. Sangalang, 74 OG 5977

2. Usurpation of civil status (Art. 348)

B. Illegal Marriages

3. Bigamy (Art. 349)

People v. Aragon, 100 Phil. 1033
Mercado v. Tan, 337 SCRA 122 (2000)
Morigo v. People, 422 SCRA 376 (2004)
Tenebro v. Court of Appeals, 423 SCRA 272 (2004)
CIV. CODE, art. 40

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 4. Marriage contracted against provisions of law (Art. 350)
Cosca v. Palaypayon, 237 SCRA 249 (1994)
Sermonia v. Court of Appeals, 233 SCRA 155 (1994)

5. Premature marriage (Art. 351)

6. Performance of illegal marriage ceremony (Art. 352)

XIII. CRIMES AGAINST HONOR

A. Libel

1. Libel by means of writings or similar means (Art. 355)

Vasquez v. Court of Appeals, 314 SCRA 460 (1999)
Brillante v. Court of Appeals, 440 SCRA 541 (2004)
Alonzo v. Court of Appeals, 241 SCRA 51 (1995)
Gonzales v. Arcilla, 203 SCRA 609 (1991)
Sazon v. Court of Appeals, 255 SCRA 692 (1996)
Flor v. People, 454 SCRA 440 (2005)
Borjal v. Court of Appeals, 301 SCRA 1 (1999)
Santos v. Court of Appeals, 203 SCRA 110 (1991)
Bulletin Publishing Corp. v. Noel, 167 SCRA 255 (1988)
Agustin v. Pamintuan, 467 SCRA 601 (2005)

2. Threatening to publish and offer to prevent such publication for

a compensation (Art. 356)

3. Prohibited publication of acts referred to in the course of official

proceedings (Art. 357)

4. Slander (Art. 358)

Victorio v. Court of Appeals, 173 SCRA 645 (1989)
Gonzales v. Arcilla, 203 SCRA 609, 614 (1991)
Balite v. People, 18 SCRA 280 (1966)
Larobis v. Court of Appeals, 639, 642 (1993)
Reyes v. People, 27 SCRA 686
People v. Pelayo, 64 OG 1991
People v. Prieto, 71 OG 3251
People v. Mendoza, 75 OG 5607
People v. Judge Orcullo, 111 SCRA 609

5. Slander by deed (Art. 359)

B. Incriminatory Machinations

6. Incriminating innocent person (Art. 363)

People v. Alagao, 16 SCRA 879
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 7. Intriguing against honor (Art. 364)
Tak Ng vs. Republic of the Philippines, 106 Phil. 727 (1959)
Betguen v. Masangcay, 238 SCRA 475 (1994)

Wiretapping
Rep. Act No. 4200
Ganaan v. Intermediate Appellate Court, 145 SCRA 112 (1986)
Ramirez v. Court of Appeals, 248 SCRA 590 (1995)

XIV. QUASI-OFFENSES

1. Imprudence and negligence (Art. 365)

Batas Pambansa Blg. 129, section 32, par. 2

Quizon v. The Justice of the Peace of Pampanga, et.al., 97 Phil.
342 (1955)
People v. Faller, 67 Phil. 529 (1939)
Carillo v. People, 229 SCRA 386 (1994)
Gan v. Court of Appeals, 165 SCRA 378 (1988)
Ibabao v. People, 132 SCRA 217 (1984)
People v. Buan, 22 SCRA 1383 (1968)
Buerano v. Court of Appeals, 115 SCRA 217 (1982)
Cuyos v. Garcia, 160 SCRA 302 (1988)

rmp/20160120
Thanks to Prof. DPCalica, Prof. AMuyot, LBReyes

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