CHAPTER THREE *If the taxpayer should pay an amount larger than or different from that is fixed by law,
nt larger than or different from that is fixed by law, the crime is
Frauds and Illegal Exactions and Transactions
ARTICLE 213. Frauds Against the Public Treasury and Similar Offenses.
Acts Punished
1. By entering into an agreement with any interested party or speculator or making use of any other
scheme, to defraud the Government, in dealing with any person with regard to furnishing supplies, the
making of contracts, or the adjustment or settlement of accounts relating to public property or funds
2. By demanding, directly or indirectly, the payment of sums different from or larger than those
authorized by law, in the collection of taxes, licenses, fees, and other imposts
3. By failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him
officially, in the collection of taxes, licenses, fees and other imposts
4. By collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects
of a nature different from that provided by law, in the collection of taxes, licenses, fees and other
imposts.
Elements of frauds against public treasury
(Par. 1)
: Persons liable:
1. That the offender be a public officer;
2. That he should have taken advantage of his office, that is, he intervened in the transaction in his
official capacity;
3. That he entered into an agreement with any interested party or speculator or madeuse of any other
scheme with regard to
a. Furnishing supplies b. The making of contracts, or c. The adjustment or settlement of
accounts relating to public property or funds; 4. That the accused had intent to defraud the Government
*This crime can is consummated by mere entering into an agreement because it is not necessary that
government is actually defrauded by reason of transaction, intent is enough.
Elements of illegal exactions
(Pars. 2-4)
: Acts punished:
1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other
imposts;
2. He is guilty of any of the following acts or omissions:
a. Demanding, directly or indirectly, the payment of sums different from or larger than those
authorized by law; or
b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected
by him officially; or
c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or
objects of a nature different from that provided by law.
presumed to have been consummated, mere demand is enough. However if the demand for greater fess
was by means of deceit the crime should be estafa.
* When collecting officer fails to issue a receipt he shall be liable of this crime.
*BIR and customs not applicable.
ARTICLE 214. Other Frauds.
1. That the offender is a public officer; 2. That he takes advantage of his official position; 3. That he
commits any of the frauds or deceits enumerated in
Arts. 315 to 318 estafa, other forms of swindling, swindling
ARTICLE 215. Prohibited Transactions.
Elements
1. offender is appointive officer
2. he becomes interested, directly or indirectly, in any transaction of exchange or
speculation.
3. Transaction take place within the territory subject to his jurisdiction
4. he becomes interested in the transaction during his incumbency.
*Purchasing stocks or shares as an investment, not a violation.
ARTICLE 216. Possession of Prohibited Interest by a Public Officer
1. Public officer who, directly or indirectly, became interested in any contract or business in
which it was his official duty to intervene.
2. 2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract
or transaction connected with the estate or property in the appraisal, distribution or
adjudication of which they had acted.
3. Guardians and executors with respect to the property belonging to their wards or the estate.
*actual fraud is not necessary, the thing that is punished is the possibility of committing it. When there
is intervention of the transaction it must be by virtue of his office.
CHAPTER FOUR
Malversation of Public Funds or Property
ARTICLE 217. Malversation of Public Funds or Property — Presumption of Malversation. —
1. By appropriating public funds or property.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or negligence, permitting any other person to take such
public funds or property.
4. By being otherwise guilty of the misappropriation or malversation of such funds or property.
Common elements:
1. That the offender be a public officer. 2. That he had custody or control of funds or property by
reason of the duties of his office 3. That those funds or property were public funds or property
 for which he was accountable 4. That he appropriated, took, misappropriated or consented, or
through abandonment or negligence, permitted another person to take them.
*defense in good faith not available in this crime except when made through negligence, presumption
of malversation.
*If without authority to part with [physical possession unless upon order of immediate superior or the
offender had no authority to receive money pertaining to the government, they are not liable under this
crime.
*things which are seized from persons not authorized t possess it, and under the custody of peace
officer, it becomes public property.
*Complex crime of Malversation through falsification of public document by reckless negligence
*damage not necessary to be present.
ARTICLE 218. Failure of Accountable Officer to Render Accounts.
1. That the offender is a public officer, whether in the service or separated therefrom. 2. That he must
be an accountable officer for public funds or property. 3. That he is required by law or regulation to
render accounts to the Commission on Audit, or to a provincial auditor. 4. That he fails to do so for a
period of two months after such accounts should be rendered.
Malversation of Public Funds by Private Individual:
1. When a private person conspired with a public officer to commit malversation. 2. When he is an
accomplice or accessory. 3. Where a private person was constituted a custodian in whatever capacity
even without a public officer involved and he misappropriated the same.
ARTICLE 219. Failure of a Responsible Public Officer to Render Accounts Before Leaving the
Country.
1. That the offender is a public officer; 2. That he must be an accountable officer for public funds or
property; 3. That he must have unlawfully left (or be on the point of leaving) the Philippines without
securing from the Commission on Audit a certificate showing that his accounts have been finally
settled
ARTICLE 220. Illegal Use of Public Funds or Property
1. That the offender is a public officer; 2. That there is a public fund or property under his
administration; 3. That such public fund or property has been appropriated by law or ordinance; 4. That
he applies the same to a public use other than that for which such funds or property has been
appropriated by law or ordinance.
ARTICLE 221. Failure to Make Delivery of Public Funds or Property.
Acts Punished
1. By failing to make payment by a public officer who is under obligation to make such payment from
Government funds in his possession.
Elements:
a. Public officer has government funds in his possession. b. He is under obligation to make payment
from such funds. c. He fails to make the payment, maliciously.
2. By refusing to make delivery by a public officer who has been ordered by competent authority to
deliver any property in his custody or under his administration
ARTICLE 222. Officers Included in the Preceding Provisions.
Private individuals who may be liable under Art. 217-221:
1. Private individuals who, in any capacity whatsoever, have charge of any national, provincial or
municipal funds, revenue or property
2. Administrator, depository of funds or property attached, seized, or deposited by public authority
even if such property belongs to a private individual(example: sheriffs and receivers)
CHAPTER FIVE
Infidelity of Public Officers
SECTION ONE
Infidelity in the Custody of Prisoners
ARTICLE 223. Conniving With or Consenting to Evasion.
1. That the offender is a public officer; 2. That he had in his custody or charge, a prisoner, either
detention prisoner or prisoner by final judgment; 3. That such prisoner escaped from his custody; 4.
That he was in connivance with the prisoner in the latterÕs escape.
Classes of prisoner involved:
1. If the fugitive has been sentenced by final judgment to any penalty. 2. If the fugitive is held only as
detention prisoner for any crime or violation of law or municipal ordinance
*Leniency or laxity not infidelity, relaxation of imprisonment does.
ARTICLE 224. Evasion Through Negligence
1. That the offender is a public officer; 2. That he is charged with the conveyance or custody of a
prisoner, either detention prisoner or prisoner by final judgment; 3. That such prisoner escapes through
his negligence.
*what is punished in evasion through negligence is deliberate non performance of duties as guard.
*the recapture of the prisoner does not exculpate the negligent officer.
ARTICLE 225. Escape of Prisoner Under the Custody of a Person Not a Public Officer.
1. That the offender is a private person
2. That the conveyance or custody of a prisoner or person under arrest is confided to him;
3. That the prisoner or person under arrest escapes;
4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape
takes place through his negligence.
*not applicable if the private person is the one that originally arrested the person and he consented its
escape.
SECTION TWO
Infidelity in the Custody of Documents
ARTICLE 226. Removal, Concealment or Destruction of Documents
1. That the offender be a public officer; 2. That he removes, conceals or destroys documents or papers;
3. That the said documents or papers should have been entrusted to such public officer by reason of his
office; 4. That damage, whether serious or not, to a third party or to the public interest should have
been caused.
*This applies only to those public officers who have been officially entrusted with the documents.
*retaining the mail in the post office is guilty of this.
ARTICLE 227. Officer Breaking Seal.
1. That the offender is a public officer; 2. That he is charged with the custody of papers or property; 3.
That these papers or property are sealed by proper authority; 4. That he breaks the seals or permits
them to be broken
*Damage or intent to cause is not necessary
ARTICLE 228. Opening of Closed Documents
1. That the offender is a public officer. 2. That any closed papers, documents, or objects are
entrusted to his custody. 3. That he opens or permits to be opened said closed papers,
documents, or objects. 4. That he does not have the proper authority
* Act should not fall under Art. 227. No damage or intent is required.
SECTION THREE
Revelation of Secrets
ARTICLE 229. Revelation of Secrets by an Officer.
Acts punished:
1. By revealing any secret known to the offending public officer by reason of his official capacity. 2.
By delivering wrongfully papers or copies of papers of which he may have charge and which should
not be published.
Elements of No. 1:
1. That the offender is a public officer; 2. That he knows of the secret by reason of his official capacity;
3. That he reveals such secret without authority or justifiable reasons; 4. That damage, great or small,
be caused to public interest.
Elements of No. 2:
1. That the offender is a public officer; 2. That he has charge of papers; 3. That those papers should not
be published; 4. That he delivers those papers or copies thereof to a third person; 5. That the delivery is
wrongful; and 6. That damage be caused to public interest.
ARTICLE 230. Public Officer Revealing Secrets of Private Individual.
1. That the offender is a public officer; 2. That he knows of the secrets of a private individual by reason
of his office; 3. That he reveals such secrets without authority or justifiable reason.
CHAPTER SIX
Other Offenses or Irregularities by Public Officers
SECTION ONE
Disobedience, Refusal of Assistance and Maltreatment of Prisoners
ARTICLE 231. Open Disobedience.
1. That the offender is a judicial or executive officer; 2. That there is a judgment, decision or order of
a superior authority; 3. That such judgment, decision or order was made within the scope of the
jurisdiction of the superior authority and issued with all legal formalities; 4. That the offender without
any legal justification openly refuses to execute said judgment, decision or order, which he is duty
bound to obey
ARTICLE 232. Disobedience to Order of Superior Officer, When Said Order Was Suspended by
Inferior Officer.
1. That the offender is a public officer; 2. That an order is issued by his superior for execution; 3. That
he has for any reason suspended the execution of such order; 4. That his superior disapproves the
suspension of the execution of the order; 5. That the offender disobeys his superior despite the
disapproval of the suspension
*it does not apply if the order of the superior is illegal
ARTICLE 233. Refusal of Assistance.
1. That the offender is a public officer. 2. That a competent authority demands from the offender that
he lends his cooperation towards the administration of justice or other public service. 3. That the
offender fails to do so maliciously
*upon demand of competent authority.
ARTICLE 234. Refusal to Discharge Elective Office.
1. That the offender is elected by popular election to a public office; 2. That he refuses to be sworn in
or to discharge the duties of said office; and 3. That there is no legal motive for such refusal to be
sworn in or to discharge the duties of said office.
ARTICLE 235. Maltreatment of Prisoners.
1. That the offender is a public officer or employee; 2. That he has under his charge a prisoner
convicted by final judgment or a detention prisoner; 3. That he maltreats such prisoner in
either of the following manners: a. By overdoing himself in the correction handling of a
prisoner or detention prisoner under his charge either: i. by the imposition of punishments not
authorized by the regulations, or ii. by inflicting such punishments (those authorized) in a
cruel and humiliating manner; or b. By maltreating such prisoner to extort a confession or to
obtain some information from the prisoner.
SECTION TWO
Anticipation, Prolongation and Abandonment of the Duties and Powers of Public Office
ARTICLE 236. Anticipation of Duties of a Public Office.
1. That the offender is entitled to hold a public office or employment, either by election or
appointment; 2. That the law requires that he should first be sworn in and/or should first give a bond; 3.
That he assumes the performance of the duties and powers of such office; 4. That he has not taken his
oath of office and/or given the bond required by law
ARTICLE 237. Prolonging Performance of Duties and Powers.
1. That the offender is holding a public office; 2. That the period provided by law, regulations or
special provisions for holding such office, has already expired; 3. That he continues to exercise the
duties and powers of such office.
ARTICLE 238. Abandonment of Office or Position.
1. That the offender is a public officer; 2. That he formally resigns from his position; there must be
written or formal resignation 3. That his resignation has not yet been accepted; 4. That he abandons his
office to the detriment of the public service.
Qualifying circumstance when the abandonment of the office has for its purpose to evade the discharge
of the duties of preventing, prosecuting or punishing any of the crimes falling within Title 1 and
Chapter 1 Title 3 of Book 2 of this Code
*must be written or formal resignation
SECTION THREE
Usurpation of Powers and Unlawful Appointments
ARTICLE 239. Usurpation of Legislative Powers.
1. That the offender is an executive or judicial officer;
2. That he: a. Makes general rules or regulations beyond the scope of his authority or b. b. Attempts to
repeal a law or c. Suspends the execution thereof
ARTICLE 240. Usurpation of Executive Functions.
1. That the offender is a judge; 2. That he: a. Assumes a power pertaining to the executive authorities;
or b. Obstructs the executive authorities in the lawful exercise of their powers
ARTICLE 241. Usurpation of Judicial Functions.
1. That the offender is an officer of the executive branch of the Government 2. That he: a. Assumes
judicial powers; or b. Obstructs the execution of any order or decision rendered by any judge within his
jurisdiction.
ARTICLE 242. Disobeying Request for Disqualification.
1. That the offender is a public officer; 2. That a proceeding is pending before such public officer; 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; 5. That he
continues the proceeding
ARTICLE 243. Orders or Requests by Executive Officers to Any Judicial Authority.
1. That the offender is an executive officer; 2. That he addresses any order or suggestion to any
judicial authority; 3. That the order or suggestion relates to any case or business coming within the
exclusive jurisdiction of the courts of justice
ARTICLE 244. Unlawful Appointments.
1. That the offender is a public officer; 2. That he nominates or appoints a person to a public office; 3.
That such person lacks the legal qualifications therefore; 4. That the offender knows that his nominee
or appointee lacks the qualification at the time he made the nomination or appointment
SECTION FOUR
Abuses Against Chastity
ARTICLE 245. Abuses Against Chastity — Penalties.
Ways of committing abuses against chastity:
1. By soliciting or making immoral or indecent advances to a woman interested in the matters
pending before the offending officer for decision, or with respect to which he is required to
submit a report to or consult with a superior officer. 2. By soliciting or making immoral or
indecent advances to a woman under the offenders custody. 3. By soliciting or making
immoral or indecent advances to the wife, daughter, sister or relative within the same degree
by affinity of any person in the custody of the offending warden or officer.
Elements:
 1. That the offender is a public officer; 2. That he solicits or makes immoral or indecent advances
to a woman; 3. That such woman must be: a. Interested in matters pending before the offender for
decision, or with respect to which he is required to submit a report to or consult with a superior
officer; or b. Under the custody of the offender who is a warden or other public officer directly
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
TITLE EIGHT
Crimes Against Persons
CHAPTER ONE
Destruction of Life
SECTION ONE
Parricide, Murder, Homicide
ARTICLE 246. Parricide.
1. That a person is killed; 2. That the deceased is killed by the accused; and 3. That the deceased is the
father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other
descendant, or the legitimate spouse, of the accused.
Cases of parricide when the penalty shall NOT be reclusion perpetua to death:
Parricide through negligence (Art. 365).
Parricide by mistake (Art. 249).
Parricide under exceptional circumstances (Art. 247).
The child should not be less than 3 days old; otherwise the crime is infanticide Art. 255
*the father, mother, child be legitimate or illegitimate, however if it is a wife or, ascendant or
descendant must be legitimate. If between brothers and sisters, that should be murder or homicide.
*Complex crime, Parricide through reckless imprudence.
ARTICLE 247. Death or Physical Injuries Inflicted Under Exceptional Circumstances.
1. That a legally married person or a parent surprises his spouse or his daughter, the latter under 18
years of age and living with him, in the act of committing sexual intercourse with another person; 2.
That he or she kills any or both of them, or inflicts upon any or both of them any serious physical
injury, in the act or immediately thereafter; and 3. That he has not promoted or facilitated the
prostitution of his wife or daughter, or that he or she has not consented to the infidelity of others
1. That the daughter be under 18 years old, and 2. that she is living with her parents
*Killing a wifes paramour, cannot enter into a conditional plea of guilty and be sentenced immediately
to destierro, the court must receive evidence on the circumstances surrounding the killing.
*Accused must be legally married person.
*not applicable when the accused did not see his spouse in the act of sexual intercourse, however it is
enough that the circumstances show reasonably that the carnal act is being committed or has just been
committed.
*sexual intercourse does not include preparatory acts.
*killing or inflicting serious physical injures must be that discovery, the escape the pursuit and the
killing must all form part of one continuous act.
ARTICLE 248. Murder.
Murder-unlawful killing of any person which is not parricide or infanticide, provided that any of the
following circumstances is present:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employs means
to weaken the defense, or of means or persons to insure or afford impunity;
2.In consideration of a price, reward or promise;
3By means of inundation, fire, poison, shipwreck, stranding of a vessel, derailment or assault upon a
railroad, fall of an airship, by means of motor vehicles , or with the use of any other means involving
great waste and ruin;
4.On occasion of any calamities enumerated in the preceding paragraph, or of an earthquake, eruption
of a volcano, destructive cyclone, epidemic, or any other public calamity;
5.With evident premeditation; or
6. With cruelty, by deliberately and Inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.(As amended by RA No. 7659)
*the offender must have intent to kill to be liable for under if it is committed through fire.
Elements:
1. That a person was killed; 2. That the accused killed him; 3. That the killing was attended by any of
the qualifying circumstances mentioned in
Art.248; and 4. That the killing is not parricide or infanticide.
Rules for the application of the circumstances which qualify the killing to murder:
1. That murder will exist with only one of the circumstances described in
Art. 248.
2. Where there are more than one qualifying circumstance present, only one will qualify the killing,
with the rest to be considered as generic aggravating circumstances.
3. That when the other circumstances are absorbed or included in one qualifying circumstance, they
cannot be considered as generic aggravating.
4. That any of the qualifying circumstances enumerated in Art. 248 must be alleged in the information.
*Outraging at the corpse victim are: 1. anal intercourse after killing 2. weighing or tying with nylon
and wire 3. when it was cut or chopped. 4. mere decapitation of the head.
ARTICLE 249. Homicide.
1. That a person was killed; 2. That the accused killed him without any justifying circumstance; 3. That
the accused had the intention to kill, which is presumed; and 4. That the killing was not attended by
any of the qualifying circumstances of murder, or by that of parricide or infanticide.
*intent to kill is conclusively presumed when death resulted however it is only important to prove
attempted or frustrated.
*No offense of frustrated homicide through imprudence.
*When the wounds that caused death inflicted by two persons, if not in conspiracy, each one of them is
guilty of homicide.
*When mortally wounded then the victim choose to commit suicide, still liable
Complex crime of homicide through negligence. A foulblow in a legal boxing match

ARTICLE 250. Penalty for Frustrated Parricide, Murder or Homicide.
*if the attempt shall be against the life of the chief executive is punishable by death
ARTICLE 251. Death Caused in a Tumultuous Affray.
1. That there be several persons; 2. That they did not compose groups organized for the common
purpose of assaulting and attacking each other reciprocally, otherwise, they may be held liable as co-
conspirators; 3. That these several persons quarreled and assaulted one another in a confused and
tumultuous manner; 4. That someone was killed in the course of the affray; 5. That it cannot be
ascertained who actually killed the deceased; and 6. That the person or persons who inflicted serious
physical injuries or who used violence can be identified.
Persons liable:
1. The person or persons who inflicted the serious physical injuries are liable. 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
*if the group is known this crime is not applicable
*when there was confusion in the fight and the person who inflicted the wounds could not be identified
the crime is death caused in a tumultuous affray.
*the victim need not be one of the participants in the affray.
ARTICLE 252. Physical Injuries Inflicted in a Tumultuous Affray.
1. That there is a tumultuous affray as referred to in Art. 251;
2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of
a less serious nature only; 3. That the person responsible therefore cannot be identified; and 4. That all
those who appear to have used violence upon the person of the offended party are known
*the victim must be a participant
*only th one who use violence is liable.
ARTICLE 253. Giving Assistance to Suicide.
Acts punished:
1. By assisting another to commit suicide, whether the suicide is consummated or not; 2. By lending
his assistance to another to commit suicide to the extent of doing the killing himself
*does not make any reference to the relation of the offender
*Commiting a suicide is not a felony
ARTICLE 254. Discharge of Firearms.
1. That the offender discharges a firearm against or at another person; and 2. That the offender has no
intention to kill that person.
*if it is not discharged at a person this crime is not applicable
*There must be no intent to kill, it is also negatived by distance of 200 yards between the offender and
victim
SECTION TWO
Infanticide and Abortion
ARTICLE 255. Infanticide.
Elements:
1. That a child was killed; 2. That the deceased child was less than three days (72 hours) of age; and 3.
That the accused killed the said child.
Person liable in Intentional Abortion
1. The person who intentionally caused the abortion under Art. 256; 2. The pregnant woman if she
consented under Art. 258
ARTICLE 256. Intentional Abortion.
Ways of Committing Intentional Abortion:
1. By using any violence upon the person of the pregnant woman; 2. By acting, without using violence
and without the consent of the woman (by administering drugs or beverages upon such pregnant
woman without her consent; and 3. By acting, with the consent of the pregnant woman, by
administering drugs or beverages.
Elements:
1. That there is a pregnant woman; 2. That violence is exerted, or drugs or beverages administered, or
that the accused otherwise acts upon such pregnant woman; 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; and 4. That the abortion is intended
*Fetus must die, no crime of frustrated abortion
*fetus is over 6 months
ARTICLE 257. Unintentional Abortion.
1. That there is a pregnant woman; 2. That violence is used upon such pregnant woman without
intending an abortion; 3. That the violence is intentionally exerted; and 4. That as a result of the
violence, the fetus dies, either in the womb or after having been expelled therefrom
*unintentional abortion is punishable when it is caused by violence, not by poison
*Complex crime: homicide with unintentional abortion/parricide
ARTICLE 258. Abortion Practiced by the Woman Herself or by Her Parents.
1. That there is a pregnant woman who has suffered an abortion; 2. That the abortion is intended; and
3. That the abortion is caused by;
a. The pregnant woman herself; b. Any other person, with her consent; or c. Any of her
parents, with her consent, for the purpose of concealing her dishonor
ARTICLE 259. Abortion Practiced by a Physician or Midwife and Dispensing of Abortives.
Elements:
1. That there is a pregnant woman who has suffered an abortion; 2. That the abortion is intended; 3.
That the offender, who must be a physician or midwife, causes, or assists in causing the abortion; and
4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.
As to PHARMACISTS, the ELEMENTS are:
1. That the offender is a pharmacist; 2. That there is no proper prescription from a physician; and 3.
That the offender dispenses any abortive
a. That there be castration, that is, mutilation of organs necessary for generation, such as penis
or ovarium; and b. That the mutilation is caused purposely and deliberately, that is, to deprive
the offended party of some essential organ for reproduction. 2. By intentionally making other
mutilation, that is, by lopping or clipping off any part of the body of the offended party, other
than the essential organ for reproduction, to deprive him of that part of the body (mayhem)
*Castration must be made purposely

SECTION THREE ARTICLE 263. Serious Physical Injuries.

Duel
How committed:
1. By wounding; 2. By beating; 3. By assaulting; or 4. By administering injurious substance.
ARTICLE 260. Responsibility of Participants in a Duel.
Serious physical injuries
Acts punished: 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical
injuries inflicted;
1. By killing one’ adversary in a duel; 2. By inflicting upon such adversary physical injuries; and 3. By 2. When the injured person;
making a combat although no physical injuries have been inflicted. a. Loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a
leg; b. Loses the use of any such member; or c. Becomes incapacitated for the work in which he was
Persons liable: therefore habitually engaged, in consequence of the physical injuries inflicted.
3. When the person injured - a. Becomes deformed, or b. Loses any other member of his body, or c.
Loses the use thereof, or d. Becomes ill or incapacitated for the performance of the work in which he
1. The person who killed or inflicted physical injuries upon his adversary or both combatants in any was habitually engaged for more than 90 days, in consequence of the physical injuries inflicted.
other case, as principals. 2. The seconds, as accomplices. 4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not
be more than 90 days), as a result of the physical injuries inflicted.
ARTICLE 261. Challenging to a Duel
Requisites of deformity:
Acts Punished 1. Physical ugliness; 2. Permanent and definite abnormality; and 3. Must be conspicuous and visible.
1. By challenging another to a duel; 2. By inciting another to give or accept a challenge to a duel; and
3. By scoffing or decrying another publicly for having refused to accept a challenge to fight a duel.
Qualifying Circumstances:
1. Offense committed against persons enumerated in the crime of parricide. 2. With the attendance of
Persons liable:
circumstance which qualify the crime to murder.
1. Challenger 2. Instigators
*there must be no intent to kill
CHAPTER TWO
*loss of one incisor is not deformity, however if it is front teeth it is.
Physical Injuries
*there is no incapacity if the injured party could still engage in his work although less effectively than
before.
ARTICLE 262. Mutilation.
ARTICLE 264. Administering Injurious Substances or Beverages
Two kinds: 1. That the offender inflicted upon another any serious physical injury; 2. That it was done by
knowingly administering to him any injurious substances or beverages or by taking advantage
1. By intentionally mutilating another by depriving him, either totally or partially, of some essential of his weakness of mind or credulity; and 3. That he had no intent to kill
organ for reproduction (castration). *this crime does not apply when the physical injuries that result are less serious or slight

Elements: ARTICLE 265. Less Serious Physical Injuries.

 1. The offended party is incapacitated for labor for 10 days or more but not more than 30 days, or
needs attendance for the same period; and 2. The physical injuries must not be those described in
the preceding articles.
Qualified Less Serious Physical Injuries:
1. A fine not exceeding P500, in addition to
arresto mayor, shall be imposed for less serious physical injuries when: a. There is manifest intent
to insult or offend the injured person; or b. There are circumstances adding ignominy to the
offense. 2. A higher penalty is imposed when the victim is either: a. The offenderÕs parent,
ascendant, guardian, curator or teacher; or b. Persons of rank or persons in authority, provided the
crime is not direct assault.
The law includes 2 subdivisions, to wit:
1. The inability for work; and 2. The necessity for medical attendance
ARTICLE 266. Slight Physical Injuries and Maltreatment.
Kinds:
1. Physical injuries which incapacitated the offended party from one to nine days, or required medical
attendance during the same period; 2. Physical injuries which did not prevent the offended party from
engaging in his habitual work or which did not require medical attendance; and 3. Ill-treatment of
another by deed without causing any injury.
ANTI-HAZING LAW (R.A. No. 8049) Hazing s an initiation rite or practice as a prerequisite for
admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or
applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly,
foolish, and similar activities or otherwise subjecting him to physical or psychological suffering or
injury. acts are punishable: All acts so long as it caused physical injuries at the very least.
Persons liable:
1. Officers and members of the fraternity, sorority or organization who actually participated in the
infliction of physical harm shall be liable as principals if the person subjected to hazing suffers any
conducted shall be liable as an accomplice physical injury or dies as a result thereof.
2. Owner of the place where the hazing is when he has actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same from occurring.
3. Parents shall be liable as principals when they have actual knowledge of the hazing conducted in the
home of one of the officers or members of the fraternity, sorority or organization, but failed to prevent
the same.
4. School authorities and faculty members shall be liable as accomplices - when they consent to the
hazing or have actual knowledge thereof, but failed to take any action to prevent the same from
occurring.
5. Officers, former officers or alumni of the organization, group, fraternity or sorority shall be liable as
principals-if they actually planned the hazing, although not present when the acts constituting the
hazing were committed.
6. Officers or members of the organization, group, fraternity or sorority shall be liable as principals
- if they knowingly cooperated in carrying out the hazing by inducing the victim to be present thereat.
7. The fraternity or sorority adviser shall be liable as principal
- if he was present when the acts constituting the hazing were committed and failed to take any action
to prevent the same.
RAPE
ART. 266-A ANTI-RAPE LAW
Classification of Rape
1. Traditional Rape under Art. 335-carnal knowledge with a woman against her will; in this case, the
offender is always a man and the offended party is always a woman. 2. Sexual Assault underR.A.
8353-this is committed when the offender inserts his penis to another persons mouth or anal orifice or
by inserting an instrument or object into the genital or anal orifice of another person. The offender and
the offender can either be a man or a woman in the case of the insertion of any instrument or object.
How rape is committed:
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a. Through force, threat or intimidation; b. When the offended party is deprived of reason or otherwise
unconscious; c. By means of fraudulent machinations or grave abuse of authority; d. When the
offended party is under twelve (12) years of age or is demented, even though none of the
circumstances mentioned above be present.
Elements:
a. That the offender is a man; b. That the offender had carnal knowledge of a woman; c. That
such act is accomplished under any of the following circumstances: i. By using force or
intimidation, or ii. When the woman is deprived of reason or otherwise unconscious, or iii. By
means of fraudulent machination or grave abuse of authority, or iv. When the woman is under
12 years of age or demented.
2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit
an act of sexual assault by inserting his penis into another persons mouth or anal orifice of another
person, or any instrument or object, into the genital or anal orifice of another person.
Elements:
a. That the offender commits an act of sexual assault; b. That the act of sexual assault is
committed by any of the following means: i. By inserting his penis into another persons
mouth or anal orifice; ii. By inserting any instrument or object into the genital or anal orifice
of another person c. That the act of sexual assault is accomplished under any of the
circumstances enumerated under the first act of committing rape.
*Slightest penetration is enough to consummate rape, however if its just grazing on the surface it is not
sufficient
*Freshly broken hymen is not an essential element
*a verbal refusal is not conclusive evidence of resistance
Moral ascendancy or influence isa a substitute for the element of physical force or intimidation
*Resignation is not consent
*statutory rape=12 years old below
*character of the offended party is immaterial
ARTICLE 266-B QUALIFIED RAPE Rape under both acts of committing it is qualified by the
following:
Note:
Rape is punishable by death if it falls under any of 4-14 circumstances.
1. When rape is committed with the use of a deadly weapon or by two or more persons;
2. When by reason or occasion of rape, the victim has become insane;
3. When the rape is attempted and a homicide is committed by reason of or on the occasion of
rape (special complex crime);
4. When by reason of or on occasion of rape, homicide is committed (special complex crime)
5. When the victim is under 18 years of age and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse
of the parent of the victim;
6. When the victim is under the custody of the police or military authorities or any law enforcement or
penal institution;
7. When the rape is committed in full view of the spouse, parent, or any of the children or other
relatives within the third civil degree of consanguinity;
8. When the victim is a religious engaged in legitimate religious vocation or calling and is personally
known to be such by the offender before or at the time of the commission of the crime;
9. When the victim is a child below 7 years old;
10. When the offender knows that he is afflicted with HIV/AIDS or any other sexually transmissible
disease and the virus or disease is transmitted to the victim;
11. When committed by any member of the AFP or para-military units thereof of the PNP or any law
enforcement agency or penal institution, when the offender took advantage of his position to facilitate
the commission of the crime;
12. When by reason or on the occasion of the rape, the victim has suffered permanent physical
mutilation or disability;
13. When the offender knew of the pregnancy of the offended party at the time of the commission of
the crime;
14. When the offender knew of the mental disability, emotional disorder and/or physical disability of
the offended party at the time of the commission of the crime.

ARTICLE 266-C EFFECT OF PARDON Effects of pardon:

1. The subsequent valid marriage between the offender and the offended party shall extinguish: a. The
criminal action or b. The penalty already imposed. 2. The subsequent forgiveness of the wife to the
legal husband shall extinguish the criminal action or the penalty, PROVIDED that the crime shall not
be extinguished or the penalty shall not be abated if the marriage is void ab initio.
(This is an exception to the rule that forgiveness by the offended party shall not extinguish the penal
action in crimes against person)

ARTICLE 266-D PRESUMPTIONS Evidence which may be accepted in the prosecution of rape:

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