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ART. 22, RPC.RETROACTIVE EFFECT OF PENAL LAWS. – PENAL LAWS SHALL HAVE RETROACTIVE
EFFECT INSOFAR AS THEY FAVOR THE PERSON GUILTY OF A FELONY, WHO IS NOT A HABITUAL
CRIMINAL, AS THIS TERM AS THIS TERM IS DEFINED IN RULE 5 OF ARTICLE 62 OF THIS CODE,
ALTHOUGH AT THE TIME OF THE PUBLICATION OF SUCH LAWS A FINAL SENTENCE HAS BEEN
PRONOUNCED AND THE CONVICT IS SERVING THE SAME. EXCEPTIONS TO THE TERRITORIAL
CHARACTERISTICS
1. WHEN THE OFFENDER SHALL COMMIT AN OFFENSE ON A PHILIPPINE SHIP OR AIRSHIP.
2. WHEN THE OFFENDER SHOULD FORGE OR COUNTERFEIT ANY COIN OR CURRENCY
NOTE OF THE PHILIPPINES OR OBLIGATIONS AND SECURITIES ISSUED BY THE
PHILIPPINE GOVERNMENT.
3. WHEN THE OFFENDER SHOULD BE LIABLE FOR THE ACTS CONNECTED WITH THE
INTRODUCTION INTO THE PHILIPPINES OF THE OBLIGATIONS AND SECURITIES
MENTIONED IN NUMBER TWO.
4. WHEN THE OFFENDER WHO IS A PUBLIC OFFICER OR EMPLOYEE ABROAD SHALL
COMMIT AN OFFENSE IN THE EXERCISE OF HIS FUNCTIONS.
5. WHEN THE OFFENDER SHOULD COMMIT AN OFFENSE AGAINST THE NATIONAL
SECURITIES AND THE LAWS OF NATIONS.
RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANY VESSEL WHILE WITHIN PHILIPPINE
WATERS:
1. ENGLISH RULE-
2. FRENCH RULE
ART. 2. APPLICATION OF ITS PROVISIONS. — EXCEPT AS PROVIDED IN THE TREATIES AND LAWS OF
PREFERENTIAL APPLICATION, THE PROVISIONS OF THIS CODE SHALL BE ENFORCED NOT ONLY
WITHIN THE PHILIPPINE ARCHIPELAGO, INCLUDING ITS ATMOSPHERE, ITS INTERIOR WATERS
AND MARITIME ZONE, BUT ALSO OUTSIDE OF ITS JURISDICTION, AGAINST THOSE WHO:
1. SHOULD COMMIT AN OFFENSE WHILE ON A PHILIPPINE SHIP OR AIRSHIP
2. SHOULD FORGE OR COUNTERFEIT ANY COIN OR CURRENCY NOTE OF THE PHILIPPINE
ISLANDS OR OBLIGATIONS AND SECURITIES ISSUED BY THE GOVERNMENT OF THE
PHILIPPINE ISLANDS;
3. SHOULD BE LIABLE FOR ACTS CONNECTED WITH THE INTRODUCTION INTO THESE ISLANDS OF
THE OBLIGATIONS AND SECURITIES MENTIONED IN THE PRESIDING NUMBER;
4. WHILE BEING PUBLIC OFFICERS OR EMPLOYEES, SHOULD COMMIT AN OFFENSE IN THE
EXERCISE OF THEIR FUNCTIONS; OR
5. SHOULD COMMIT ANY OF THE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF
NATIONS, DEFINED IN TITLE ONE OF BOOK TWO OF THIS CODE.
FELONIES ARE COMMITTED NOT ONLY BE MEANS OF DECEIT ( DOLO) BUT ALSO BY MEANS OF
FAULT (CULPA).
ACT- IS ANY BODILY MOVEMENT TENDING TO PRODUCE SOME EFFECTS IN THE EXTERNAL
WORLD.
MOTIVE- THE MOVING POWER WHICH IMPELS ONE TO ACTION FOR A DEFINITE RESULT.
ART. 5. DUTY OF THE COURT IN CONNECTION WITH ACTS WHICH SHOULD BE REPRESSED BUT WHICH
ARENOT COVERED BY THE LAW, AND IN CASES OF EXCESSIVE PENALTIES. — WHENEVER A COURT HAS
KNOWLEDGE OF ANY ACT WHICH IT MAY DEEM PROPER TO REPRESS AND WHICH IS NOT
PUNISHABLE BY LAW, IT SHALL RENDER THE PROPER DECISION, AND SHALL REPORT TO THE CHIEF
EXECUTIVE, THROUGH THE DEPARTMENT OF JUSTICE, THE REASONS WHICH INDUCE THE COURT TO
BELIEVE THAT SAID ACT SHOULD BE MADE THE SUBJECT OF LEGISLATION.
IN THE SAME WAY, THE COURT SHALL SUBMIT TO THE CHIEF EXECUTIVE, THROUGH THE
DEPARTMENT OF JUSTICE, SUCH STATEMENT AS MAY BE DEEMED PROPER, WITHOUT
SUSPENDING THE EXECUTION OF THE SENTENCE, WHEN A STRICT ENFORCEMENT OF THE
PROVISIONS OF THIS CODE WOULD RESULT IN THE IMPOSITION OF A CLEARL Y EXCESSIVE
PENALTY, TAKING INTO CONSIDERATION THE DEGREE OF MALICE AND THE INJURY CAUSED BY
THE OFFENSE.
DEVELOPMENT OF A CRIME
1. INTERNAL ACTS- THESE ARE THE MERE IDEAS IN THE MIND OF A PERSON
2. EXTERNAL ACTS-
a. PREPARATORY ACT- ORDINARILY NOT PUNISHABLE
b. ACTS OF EXECUTION- THEY ARE THE STAGES. ALREADY PUNISHABLE.
FORMAL CRIMES - ARE CRIMES CONSUMMATED IN ONE INSTANT. THERE IS ONLY ONE STAGE AND
THAT IS CONSUMMATED STAGE.
ART. 7. WHEN LIGHT FELONIES ARE PUNISHABLE. — LIGHT FELONIES ARE PUNISHABLE ONLY
WHEN THEY HAVE BEEN CONSUMMATED, WITH THE EXCEPTION OF THOSE COMMITTED AGAINST
PERSON OR PROPERTY.
ART. 8. CONSPIRACY AND PROPOSAL TO COMMIT FELONY. — CONSPIRACY AND PROPOSAL TO COMMIT
FELONY ARE PUNISHABLE ONLY IN THE CASES IN WHICH THE LAW SPECIALLY PROVIDES A
PENALTY THEREFOR.
A CONSPIRACY EXISTS WHEN TWO OR MORE PERSONS COME TO AN AGREEMENT CONCERNING THE
COMMISSION OF A FELONY AND DECIDE TO COMMIT IT.
THERE IS PROPOSAL WHEN THE PERSON WHO HAS DECIDED TO COMMIT A FELONY PROPOSES ITS
EXECUTION TO SOME OTHER PERSON OR PERSONS.
CONSPIRACY AND PROPOSAL TO COMMIT A FELONY- ARE PUNISHABLE ONLY IN THE CASES IN
WHICH THE LAW SPECIFICALLY PROVIDES A PENALTY THEREFORE.
CASES WHERE MERE CONSPIRACY IS ALREADY PUNISHABLE: “TRI-STAR”
1. CONSPIRACY TO COMMIT TREASON (ART.115);
2. CONSPIRACY TO COMMIT REBELLION OR INSURRECTION (ART. 136);
3. CONSPIRACY TO COMMIT SEDITION (ART. 141);
4. CONSPIRACY IN RESTRAINT OF TRADE OR COMMERCE (ART. 186)
5. CONSPIRACY TO COMMIT TERRORISM UNDER RA 9372
6. CONSPIRACY TO COMMIT ARSON UNDER PD 1613.
ART. 9. GRAVE FELONIES, LESS GRAVE FELONIES AND LIGHT FELONIES. — GRAVE FELONIES ARE
THOSE TO WHICH THE LAW ATTACHES THE CAPITAL PUNISHMENT OR PENALTIES WHICH IN ANY
OF THEIR PERIODS ARE AFFLICTIVE, IN ACCORDANCE WITH ART. 25 OF THIS CODE.
ART. 10. OFFENSES NOT SUBJECT TO THE PROVISIONS OF THIS CODE. — OFFENSES WHICH ARE OR IN
THE FUTURE MAY BE PUNISHABLE UNDER SPECIAL LAWS ARE NOT SUBJECT TO THE PROVISIONS
OF THIS CODE. THIS CODE SHALL BE SUPPLEMENTARY TO SUCH LAWS, UNLESS THE LATTER
SHOULD SPECIALLY PROVIDE THE CONTRARY.
PROVOCATION- ANY UNJUST OR IMPROPER CONDUCT ON THE PART OF THE OFFENDED PARTY
CAPABLE OF INCITING OR IRRITATING ANY ONE.
ACCIDENT REQUISITES
1. A PERSON PERFORMS A LAWFUL ACT;
2. WITH DUE CARE;
3. HE CAUSES AN INJURY TO ANOTHER;
IRRESISTIBLE FORCE- A FORCE WHICH PRODUCES SUCH AN EFFECT UPON AN INDIVIDUAL THAT,
IN SPITE OF ALL RESISTANCE, IT REDUCES HIM TO A MERE INSTRUMENT AND AS SUCH INCAPABLE
OF COMMITTING A CRIME
ABSOLUTORY CAUSES
1. ART 247. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES
2. ART. 280 (3) TRESPASS
3. ART. 332. PERSONS EXEMPT FROM CRIMINAL LIABILITY
4. ART. 20. ACCESSORIES EXEMPTED
5. ART. 6 ON SPONTANEOUS DESISTANCE
INSTIGATION – ONE WHICH TAKES PLACE WHEN A PEACE OFFICER INDUCES A PERSON TO COMMIT
A CRIME. WITHOUT THE INDUCEMENT, THE CRIME WOULD NOT BE COMMITTED. IT EXEMPTS ONE
FROM CRIMINAL LIABILITY.
VOLUNTARY SURRENDER
VOLUNTARY SURRENDER MUST BE MADE TO A PERSON IN AUTHORITY OR HIS AGENTS
A SURRENDER IS VOLUNTARY WHEN IT IS SPONTANEOUS IN SUCH A MANNER THAT IT
SHOWS THE INTEREST OF THE ACCUSED TO SURRENDER VOLUNTARILY TO THE
AUTHORITIES EITHER BECAUSE HE ACKNOWLEDGES HIS GUILT OR WISHES TO SAVE
THE AUTHORITIES THE EXPENSES INCURRED IN HIS SEARCH.
PALACE OF THE PRESIDENT, OR IN HIS PRESENCE, OR PLACES WHERE PUBLIC AUTHORITIES ARE
ENGAGED IN DUTIES, OR PLACE OF RELIGIOUS WORSHIP.
NIGHTIME- THAT PERIOD OF DARKNESS BEGINNING AT END OF DUSK AND ENDING AT DAWN.
NOT AGGRAVATING IF CRIME COMMENCED IN DAYTIME
IF THE LOCUS CRIMINIS IS LIGHTED NO AGGRAVATING OF NIGHTTIME
UNINHABITED PLACE- ONE WHERE THERE ARE NO HOUSES OR WHERE THE HOUSES ARE
SCATTERED AT A GREAT DISTANCE FROM EACH OTHER
BAND- WHENEVER MORE THAN THREE ARMED MALEFACTORS SHALL HAVE ACTED TOGETHER IN
THE COMMISSION OF AN OFFENSE, IT SHALL BE DEEMED TO HAVE BEEN COMMITTED BY A BAND.
FRAUD- INSIDIOUS WORDS OR MACHINATIONS USED TO INDUCE THE VICTIM TO ACT IN A MANNER
WHICH WOULD ENABLE THE OFFENDER TO CARRY OUT HIS DESIGN.
DISGUISE- IT INVOLVES THE DELIBERATE EFFORT OF THE ACCUSED TO CONCEAL HIS IDENTITY
IN THE COMMISSION OF THE CRIME.
USE OF SUPERIOR STRENGHT OR MEANS EMPLOYED TO WEAKEN THE DEFENSE.
TREACHERY- THERE IS TREACHERY WHEN THE OFFENDER COMMITS ANY OF THE CRIMES
AGAINST THE PERSON, EMPLOYING MEANS, METHODS OR FORMS IN THE EXECUTION THE REOF
WHICH TEND DIRECTLY AND SPECIALLY TO INSURE ITS EXECUTION, WITHOUT RISK TO HIMSELF
ARISING FROM THE DEFENSE WHICH THE OFFENDED PARTY MIGHT MAKE.
IGNOMINY- IS A CIRCUMSTANCE PERTAINING TO THE MORAL ORDER, WHICH ADDS DISGRACE AND
OBLOQUY TO THE MATERIAL INJURY CAUSED BY THE CRIME. IT IS A CIRCUMSTANCE THAT
CRUELTY- A CIRCUMSTANCE WHEREBY THE OFFENDER ENJOYS AND DELIGHTS IN MAKING HIS
VICTIM SUFFER SLOWLY AND GRADUALLY, CAUSING HIM UNNECESSARY PHYSICAL PAIN IN THE
CONSUMMATION OF HIS CRIMINAL ACT.
FOUR KINDS OF AGGRAVATING CIRCUMSTANCE: (GIS – Q)
1. GENERIC
2. INHERENT
3. QUALIFYING
4. SPECIFIC-
ART. 16. WHO ARE CRIMINALLY LIABLE — THE FOLLOWING ARE CRIMINALLY LIABLE FOR
GRAVE AND LESS GRAVE FELONIES:
1. PRINCIPALS.
2. ACCOMPLICES.
3. ACCESSORIES.
WHO ARE THE PERSONS WHO MAY BE CRIMINALLY LIABLE (DEGREE OF PARTICIPATION)
1. PRINCIPALS
2. ACCOMPLICES
3. ACCESSORIES
ART. 18. ACCOMPLICES. — ACCOMPLICES ARE THOSE PERSONS WHO, NOT BEING INCLUDED IN ART.
17, COOPERATE IN THE EXECUTION OF THE OFFENSE BY PREVIOUS OR SIMULTANEOUS ACTS.
ART. 19. ACCESSORIES. — ACCESSORIES ARE THOSE WHO, HAVING KNOWLEDGE OF THE
COMMISSION OF THE CRIME, AND WITHOUT HAVING PARTICIPATED THEREIN, EITHER AS
PRINCIPALS OR ACCOMPLICES, TAKE PART SUBSEQUENT TO ITS COMMISSION IN ANY OF THE
FOLLOWING MANNERS:
1. BY PROFITING THEMSELVES OR ASSISTING THE OFFENDER TO PROFIT BY THE EFFECTS
OF THE CRIME.
2. BY CONCEALING OR DESTROYING THE BODY OF THE CRIME, OR THE EFFECTS OR
INSTRUMENTS THEREOF, IN ORDER TO PREVENT ITS DISCOVERY.
3. BY HARBORING, CONCEALING, OR ASSISTING IN THE ESCAPE OF THE PRINCIPALS OF
THE CRIME, PROVIDED THE ACCESSORY ACTS WITH ABUSE OF HIS PUBLIC FUNCTIONS
OR WHENEVER THE AUTHOR OF THE CRIME IS GUILTY OF TREASON, PARRICIDE,
MURDER, OR AN ATTEMPT TO TAKE THE LIFE OF THE CHIEF EXECUTIVE, OR IS KNOWN
TO BE HABITUALLY GUILTY OF SOME OTHER CRIME.
ART. 20. ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY. — THE PENALTIES PRESCRIBED
FOR ACCESSORIES SHALL NOT BE IMPOSED UPON THOSE WHO ARE SUCH WITH RESPECT TO
THEIR SPOUSES, ASCENDANTS, DESCENDANTS, LEGITIMATE, NATURAL, AND ADOPTED
BROTHERS AND SISTERS, OR RELATIVES BY AFFINITY WITHIN THE SAME DEGREES, WITH THE
SINGLE EXCEPTION OF ACCESSORIES FALLING WITHIN THE PROVISIONS OF PARAGRAPH 1 OF
THE NEXT PRECEDING ARTICLE.
COMPLEX CRIME - WHEN A SINGLE ACT CONSTITUTES TWO OR MORE GRAVE OR LESS GRAVE
FELONIES, OR WHEN AN OFFENSE IS A NECESSARY MEANS FOR COMMITTING THE OTHER. (IN
WHICH CASE THE PENALTY FOR THE MORE SERIOUS CRIME SHALL BE IMPOSED IN ITS MAXIMUM
PERIOD-ART 48).
THE CIRCUMSTANCES WHICH CONSIST IN THE MATERIAL EXECUTION OF THE ACT, OR IN THE
MEANS EMPLOYED TO ACCOMPLISH IT, SHALL SERVE TO AGGRAVATE OR MITIGATE THE
LIABILITY OF ONLY THOSE PERSONS WHO HAD KNOWLEDGE OF THEM AT THE TIME OF THE
EXECUTION OF THE ACT OR THEIR COOPERATION THEREIN.
DESTIERRO - ANY PERSON SENTENCED TO DESTIERRO SHALL NOT BE PERMITTED TO ENTER THE
PLACES DESIGNATED IN THE SENTENCE, NOR WITHIN THE RADIUS THEREIN SPECIFIED, WHICH
SHALL NOT BE MORE THAN 250 AND NOT LESS THAN 25 KILOMETERS FROM THE PLACE
DESIGNATED. IF HE DOES HE MAY BE HELD LIABLE FOR EVASION OFSERVICE OF SENTENCE UNDER
ARTICLE 157 RPC.
ART. 88. ARRESTO MENOR. — THE PENALTY OF ARRESTO MENOR SHALL BE SERVED IN THE
MUNICIPAL JAIL, OR IN THE HOUSE OF THE DEFENDANT HI MSELF UNDER THE SURVEILLANCE
OF AN OFFICER OF THE LAW, WHEN THE COURT SO PROVIDES IN ITS DECISION, TAKING INTO
CONSIDERATION THE HEALTH OF THE OFFENDER AND OTHER REASONS WHICH MAY SEEM
SATISFACTORY TO IT.
THERE MUST BE A COURT STATEMENT THAT THE ACCUSED SERVE THE SENTENCE IN HIS HOUSE.
THE GROUNDS COULD BE FOR HEALTH REASONS, AND OTHERS (HUMANITARIAN)
THE TERM OF PRESCRIPTION SHALL NOT RUN WHEN THE OFFENDER IS ABSENT FROM THE
PHILIPPINE ARCHIPELAGO.
PRESCRIPTION OF PENALTIES
PENALTY PRESCRIBES IN
DEATH AND RECLUSION PERPETUA 20 YEARS
OTHER AFFLICTIVE PENALTIES 15 YEARS
CORRECTIONAL PENALTIES 10 YEARS
ARRESTO MAYOR 5 YEARS
LIGHT PENALTIES 1 YEAR
ART. 102. SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS, TAVERN KEEPERS AND PROPRIETORS OF
ESTABLISHMENTS- IN DEFAULT OF PERSONS CRIMINALLY LIABLE, INNKEEPERS,
TAVERNKEEPERS, AND ANY OTHER PERSONS OR CORPORATIONS SHALL BE CIVILLY LIABLE FOR
CRIMES COMMITTED IN THEIR ESTABLISHMENTS, IN CASES WHERE A VIOLATION OF MUNICIPAL
ART. 103. SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS- THE SUBSIDIARY LIABILITY
ESTABLISHED IN THE NEXT PRECEDING ARTICLE SHALL ALSO APPLY TO EMPLOYERS,
TEACHERS, PERSONS, AND CORPORATIONS ENGAGED IN ANY KIND OF INDUSTRY FOR FELONIES
COMMITTED BY THEIR SERVANTS, PUPILS, WORKMEN, APPRENTICES, OR EMPLOYEES IN THE
DISCHARGE OF THEIR DUTIES.
ART. 106. REPARATION- THE COURT SHALL DETERMINE THE AMOUNT OF DAMAGE, TAKING INTO
CONSIDERATION THE PRICE OF THE THING, AND ITS SPECIAL SENTIMENTAL VALUE TO THE
INJURED PARTY.
CRIMES AGAINST NATIONAL SECURITY AND LAWS OF NATIONS - SECTION 1- TREASON & ESPIONAGE (114-
117)
ELEMENTS OF TREASON:
1. THE OFFENDER IS EITHER A FILIPINO OR A RESIDENT ALIEN.
2. THERE IS A WAR WHICH INVOLVES THE PHILIPPINES.
3. THE OFFENDER EITHER: A. LEVIES WAR AGAINST THE GOVERNMENT OR B ADHERES TO
ITS ENEMIES, GIVING THEM AID OR COMFORT
ART. 118. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS. - COMMITTED BY ANY PERSON WHO,
BY UNLAWFUL OR UNAUTHORIZED ACTS, PROVOKES OR GIVES OCCASION FOR A WAR INVOLVING
OR LIABLE TO INVOLVE THE PHILIPPINES, OR EXPOSES THE FILIPINOS TO REPRISALS ON THEI R
PERSONS OR PROPERTY.
ART. 119. VIOLATION OF NEUTRALITY- COMMITTED BY ANY PERSON WHO ON THE OCCASION OF A
WAR IN WHICH THE PHILIPPINES IS NOT INVOLVED, VIOLATES ANY REGULATION ISSUED BY
COMPETENT AUTHORITY FOR THE PURPOSE OF ENFORCING NEUTRALITY
NEUTRALITY - A NATION WHICH DOES NOT TAKE PART IN THE CONTEST OF ARMS (WAR) AMONG
OTHER NATIONS IS PRACTICING NEUTRALITY.
ART. 121. FLIGHT TO ENEMY’S COUNTRY - COMMITTED BY ANY PERSON WHO OWING ALLEGIANCE TO
THE GOVERNMENT, ATTEMPTS TO FLEE OR GO TO AN ENEMY COUNTRY WHEN PROHIBITED BY
COMPETENT AUTHORITY.
SECTION 3 – PIRACY & MUTINY ON THE HIGH SEAS OR IN THE PHILIPPINE WATER.(ART 122-123)
ART. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS. –
(PAMIMIRATA AT PAG-AALSA SA KARAGATAN)-COMMITTED BY ANY PERSON WHO:
1. ATTACKS OR SEIZES A VESSEL ON THE HIGH SEAS OR I N PHILIPPINE WATERS;
2. NOT BEING A MEMBER OF ITS COMPLEMENT OR A PASSENGER, SHALL SEIZE THE WHOLE OR
PART OF THE CARGO OF SAID VESSEL, ITS EQUIPMENT, OR PERSONAL BELONGINGS OF ITS
COMPLEMENT OR PASSENGER.
3. STAGES A MUTINY ON THE HIGH SEAS OR PHILIPPINE WATERS
ELEMENTS OF PIRACY
1. A VESSEL IS ON THE HIGH SEAS OR IN PHILIPPINE WATERS;
2. THE OFFENDERS ARE NOT MEMBERS OF ITS COMPLEMENT OR PASSENGERS OF THE
VESSEL;
3. THE OFFENDERS EITHER: A. ATTACK OR SEIZE THAT VESSEL OR B. SEIZE THE WHOLE
OR PART OF THE CARGO OF SAID VESSEL, ITS EQUIPMENT OR PERSONAL BELONGINGS
OF ITS COMPLEMENT OR PASSENGERS
o HIGH SEAS - PARTS OF THE SEAS THAT ARE NOT INCLUDED IN THE EXCLUSIVE ECONOMIC
ZONE, TERRITORIAL SEA, OR IN THE INTERNAL WATERS OF THE STATE, OR ARCHIPELAGIC
WATERS OF AN ARCHIPELAGIC STATE.
o MUTINY - THE UNLAWFUL RESISTANCE TO A SUPERIOR OFFICER OR THE RAISING OF
COMMOTIONS ON BOARD A SHIP AGAINST THE AUTHORITY OF ITS COMMANDERS.
ART. 123. QUALIFIED PIRACY- PIRACY OR MUTINY BECOMES QUALIFIED WHEN:
1. WHENEVER THE PIRATES HAVE SEIZED A VESSEL BY BOARDING OR FIRING UPON THE
SAME;
2. WHENEVER THE PIRATES HAVE ABANDONED THEIR VICTIMS WITHOUT MEANS OF
SAVING THEMSELVES; OR
3. WHENEVER THE CRIME IS ACCOMPANIED BY MURDER, HOMICIDE, PHYSICAL INJURIES,
OR RAPE. (THIS IS AN EXAMPLE OF A SPECIAL COMPLE X CRIME)
ART. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES -
COMMITTED BY ANY PUBLIC OFFICER OR EMPLOYEE WHO SHALL DETAIN ANY PERSON FOR
SOME LEGAL GROUND AND SHALL FAIL TO DELIVER SUCH PERSON TO THE PROPER JUDICIAL
AUTHORITIES WITHIN THE PERIOD OF:
1. 12 HOURS - FOR CRIMES OR OFFENSES PUNISHABLE BY LIGHT PENALTIES;
2. 18 HOURS - FOR CRIMES OR OFFENSES PUNISHABLE BY CORRECTIONAL PENALTIES;
3. 36 HOURS - FOR CRIMES OR OFFENSES PUNISHABLE BY AFFLICTIVE OR CAPITAL
PENALTIES.
ART. 126. DELAYING RELEASE- COMMITTED BY ANY PUBLIC OFFICER OR EMPLOYEE WHO:
1. DELAYS THE PERFORMANCE OF A JUDICIAL OR EXECUTIVE ORDER FOR THE RELEASE OF A
PRISONER.
2. DELAYS THE SERVICE OF THE NOTICE OF SUCH ORDER TO SAID PRISONER.
3. DELAYS THE PROCEEDINGS UPON ANY PETITION FOR THE LIBERATION OF SUCH PERSON.
ART. 130. SEARCHING DOMICILE WITHOUT WITNESSES. – COMMITTED BY ANY PUBLIC OFFICER OR
EMPLOYEE WHO IN CASES WHERE SEARCH IS PROPER, SHALL SEARCH THE DOMICILE, PAPERS
OR OTHER BELONGINGS OF ANY PERSON, IN THE ABSENCE OF THE LATTER, ANY MEMB ER OF HIS
FAMILY, OR IN THEIR DEFAULT, WITHOUT THE PRESENCE OF TWO WITNESSES RESIDING IN THE
SAME LOCALITY.
ART. 131. PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEET INGS- COMMITTED BY
ANY PUBLIC OFFICER OR EMPLOYEE WHO WITHOUT LEGAL GROUND SHALL:
a. PROHIBIT OR INTERRUPT THE HOLDING OF A PEACEFUL MEETING
b. DISSOLVE A PEACEFUL MEETING;
c. HINDER ANY PERSON FROM JOINING ANY LAWFUL ASSOCIATION
d. HINDER ANY PERSON FROM ATTENDING ANY OF ITS LAWFUL MEETINGS
e. PROHIBIT OR HINDER ANY PERSON FROM ADDRESSING ALONE OR OTHERWISE, ANY
PETITION TO THE AUTHORITIES FOR THE CORRECTION OF ABUSES OR REDRESS OF
GRIEVANCES.
ART. 133. OFFENDING THE RELIGIOUS FEELINGS. - COMMITTED BY ANYONE WHO, IN A PLACE
DEVOTED TO RELIGIOUS WORSHIP OR DURING THE CELEBRATION OF A RELIGIOUS CEREMONY,
SHALL PERFORM ACTS NOTORIOUSLY OFFENSIVE TO THE FEELINGS OF THE FAITHFUL.
TITLE THREE - CRIMES AGAINST PUBLIC ORDER - CHAPTER ONE – REBELLION, COUP D’ETAT. SEDITION &
DISLOYALTY (ART 134-142)
ELEMENTS OF REBELLION:
1. THERE IS PUBLIC UPRISING AND TAKING UP ARMS AGAINST THE GOVERNMENT;
2. THE PURPOSE OF THE UPRISING IS EITHER:
a. REMOVE FROM THE ALLEGIANCE TO THE GOVERNMENT OR ITS LAWS: 1. THE
TERRITORY OF THE PHILIPPINES OR ANY PART THEREOF; OR 2. ANYBODY OF LAND,
NAVAL OR OTHER ARMED FORCES
b. DEPRIVE THE CHIEF EXECUTIVE OR CONGRESS WHOLLY OR PARTIALLY OF ANY OF
THEIR POWERS OR PREROGATIVES.
ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT REBELLION OR INSURRECTION.
(PAGSASABWATAN AT PAGPAPANAKULA SA PAGGANAP NG REBELYON O INSUREKSYON)
ART. 139. SEDITION- COMMITTED BY PERSONS WHO RISE PUBLICLY AND TUMULTUOUSLY IN
ORDER TO ATTAIN BY FORCE, INTIMIDATION OR OTHER MEANS OUTSIDE OF LEGAL METHODS
ANY OF THE FOLLOWING:
ART. 142. INCITING TO SEDITION (PAGBUBUYO UPANG ISAGAWA ANG SEDISYON) -COMMITTED BY
ANY PERSON WHO SHALL:
a. INCITE OTHERS TO THE ACCOMPLISHMENT OF ANY OF THE ACTS WHICH CONSTITUTE
SEDITION BY MEANS OF WRITING, SPEECHES, PROCLAMATIONS, AND EMBLEMS ETC.
b. UTTERING SEDITIOUS WORDS OR SPEECHES WHICH TEND TO DISTURB THE PUBLIC PEACE
c. WRITING, PUBLISHING, CIRCULATING SCURRILOUS LIBELS AGAINST THE GOVERNMENT OR
ANY OF ITS DULY CONSTITUTED AUTHORITIES WHICH TEND TO DISTURB THE PUBLIC
PEACE.
ART. 143. ACTS TENDING TO PREVENT THE MEETING OF NATIONAL ASSEMBLY AND SIMILAR BODIES.
COMMITTED BY ANY PERSON WHO BY FORCE OR FRAUD PREVENTS THE MEETING OF THE
FOLLOWING
a. NATIONAL ASSEMBLY
b. ANY OF ITS COMMITTEES OR SUB COMMITTEES
c. CONSTITUTIONAL COMMISSIONS OR ITS COMMITTEES
d. PROVINCIAL BOARD
e. CITY OR MUNICIPAL COUNCIL
ART. 144. DISTURBANCE OF PROCEEDINGS – COMMITTED BY ANY PERSON WHO DISTURBS THE
MEETINGS OF LETTERS A TOE ABOVE, OR WHILE IN THE PRESENCE OF ANY SUCH BODIES
SHOULD BEHAVE IN SUCH A MANNER AS TO INTERRUPT ITS PROCEEDINGS OR TO IMPAIR THE
RESPECT DUE IT.
ART. 146. ILLEGAL ASSEMBLIES (MGA PAGTITIPONG LABAG SA BATAS) -THE ACTS PUNISHABLE ARE:
a. STAGING A MEETING ATTENDED BY ARMED PERSONS FOR THE PURPOSE OF COMMITTING
ANY OF THE CRIMES PUNISHABLE BY THE RPC
b. STAGING A MEETING IN WHICH THE AUDIENCE WHETHER ARMED OR NOT IS INCITED TO
THE COMMISSION OF TREASON, REBELLION, SEDITION OR ASSAULT UPON A PERSON IN
AUTHORITY OR HIS AGENTS
ACTS PUNISHABLE:
1. EXISTENCE OF AN ASSOCIATION TOTALLY OR PARTIALLY ORGANIZED FOR THE PURPOSE
OF COMMITTING ANY OF THE CRIMES PUNISHABLE BY THE RPC.
2. EXISTENCE OF ASSOCIATIONS TOTALLY OR PARTIALLY ORGANIZED FOR SOME PURPOSE
CONTRARY TO PUBLIC MORALS.
CHAPTER IV - ASSAULT. & RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY & THEIR AGENTS
ART. 149. INDIRECT ASSAULTS- COMMITTED BY ANY PERSON WHO SHALL MAKE USE OF FORCE OR
INTIMIDATION UPON ANY PERSON COMING TO THE AID OF THE AUTHORITIES OR THEIR AGENTS
ON OCCASION OF THE COMMISSION OF ANY OF THE CRIMES DEFINED IN THE PRECEDING
PARAGRAPH.
ART. 150. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS COMMITTEES OR
SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR
DIVISIONS.
ACTS PUNISHABLE:
1. WITHOUT LEGAL EXCUSE, REFUSING TO OBEY SUMMONS OF THE NATIONAL ASSEMBLY,
ITS SPECIAL OR STANDING COMMITTEES AND SUBCOMMITTEES OR DIVISIONS, OR BY
ANY COMMISSION OR COMMITTEE CHAIRMAN OR MEMBER AUTHORIZED TO SUMMON
WITNESSES.
2. REFUSING TO BE SWORN OR PLACED UNDER AFFIRMATION WHILE BEING BEFORE SUCH
LEGISLATIVE OR CONSTITUTIONAL BODIES OR OFFICIAL.
3. BY REFUSING TO ANSWER ANY LEGAL INQUIRY
4. BY REFUSING TO PRODUCE ANY BOOKS, PAPERS, DOCUMENTS OR RECORDS IN HIS
POSSESSION, WHEN REQUIRED BY THEM TO DO SO IN THE EXERCISE OF THEIR
FUNCTIONS
5. BY RESTRAINING ANOTHER FROM ATTENDING AS A WITNESS IN SUCH LEGISLATIVE OR
CONSTITUTIONAL BODY
6. BY INDUCING DISOBEDIENCE TO A SUMMON OR REFUSAL TO BE SWORN BY THE ABOVE
MENTIONED BODIES OR OFFICIALS.
ART. 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH
PERSON.- COMMITTED BY ANY PERSON WHO SHALL RESIST OR SERIOUSLY DISOBEY ANY PERSON
IN AUTHORITY, OR THE AGENTS OF SUCH PERSON , WHILE ENGAGED IN THE PERFORMANCE OF
OFFICIAL FUNCTIONS.
ART. 152. PERSONS IN AUTHORITY, DEFINED (MGA TAONG MAY KAPANGYARIHAN AT MGAKAGAWAD
NG MGA TAONG MAY KAPANGYARIHAN) - ANY PERSON DIRECTLY VESTED WITH JURISDICTION,
WHETHER AS AN INDIVIDUAL OR AS A MEMBER OF SOME COURT OR GOVERNMENT
CORPORATION, BOARD, OR COMMISSION.
CHAPTER FIVE - ARTICLES 153 TO 156 ARE ALSO CLASSIFIED AS CRIMES UNDER PUBLIC DISORDERS.
ACTS PUNISHABLE:
1. CAUSING ANY SERIOUS DISTURBANCE IN A PUBLIC PLACE, OFFICE OR ESTABLISHMENT
2. INTERRUPTING OR DISTURBING PERFORMANCES, FUNCTIONS, OR GATHERING S, OR
PEACEFUL MEETINGS, IF THE ACT DOES NOT FALL UNDER ARTICLES 131 AND 132.
3. MAKING ANY OUTCRY TENDING TO INCITE REBELLION OR SEDITION IN ANY MEETING,
ASSOCIATION OR PUBLIC PLACE;
4. DISPLAYING PLACARDS OR EMBLEMS WHICH PROVOKE A DISTURBANCE OF A PUBLIC
ORDER IN SUCH PLACE;
5. BURYING WITH POMP THE BODY OF A PERSON WHO HAS BEEN LEGALLY EXECUTED.
ACTS PUNISHABLE:
1. PUBLISHING OR CAUSING TO BE PUBLISHED EITHER BY PRINTING, LITHOGRAPHY, OR
ANY MEANS OF PUBLICATION, AS NEWS ANY FALSE NEWS WHICH MAY ENDANGER
PUBLIC ORDER, OR CAUSE DAMAGE TO THE INTEREST OR CREDIT OF THE STATE.
2. BY THE SAME MEANS, OR BY UTTERANCES OR WORDS OR SPEECHES ENCOURAGING
DISOBEDIENCE TO THE LAW OR TO THE AUTHORITIES, OR PRA ISING, JUSTIFYING, OR
EXTOLLING ANY ACT PUNISHED BY LAW
3. BY MALICIOUSLY PUBLISHING OR CAUSING TO BE PUBLISHED ANY OFFICIAL
RESOLUTION OR DOCUMENT WITHOUT PROPER AUTHORITY, OR BEFORE THEY HAVE
BEEN PUBLISHED OFFICIALLY
4. BY PRINTING, PUBLISHING, OR DISTRIBUTING OR CAUSE TO BE PRINTED, PUBLISHED
OR DISTRIBUTED PAMPHLETS, PERIODICALS, OR LEAFLETS WHICH DO NOT BEAR THE
REAL PRINTER’S NAME, OR WHICH ARE CLASSIFIED AS SYNONYMOUS.
ART. 155. ALARMS AND SCANDALS. - COMMITTED BY ANY PERSON WHO SHALL:
1. WITHIN ANY TOWN OR PUBLIC PLACE, SHALL DISCHARGE ANY FIREARM, ROCKET,
FIRECRACKER, OR OTHER EXPLOSIVE CALCULATED TO CAUSE ALARM OR DANGER;
2. INSTIGATE OR TAKE AN ACTIVE PART IN ANY CHARIVARI OR OTHER DISORDERLY
MEETING OFFENSIVE TO ANOTHER OR PREJUDICIAL TO PUBLIC TRANQUILITY
3. WHILE WANDERING ABOUT AT NIGHT OR WHILE ENGAGED IN ANY NOCTURNAL
AMUSEMENTS, SHALL DISTURB THE PUBLIC PEACE; OR
4. WHO WHILE INTOXICATED OR OTHERWISE, SHALL CAUSE ANY DISTURBANCE OR
SCANDAL IN PUBLIC PLACES, AS LONG AS ARTICLE 153 IS NOT APPLICABLE
ART. 156. DELIVERING PRISONERS FROM JAIL- COMMITTED BY ANY PERSON WHO SHALL REMOVE
FROM ANY JAIL OR PENAL ESTABLISHMENT ANY PERSON CONFINED THEREIN OR SHALL HELP
THE ESCAPE OF SUCH PERSON, BY MEANS OF VIOLENCE, INTIMIDATION OR BRIBERY.
ART. 157. EVASION OF SERVICE OF SENTENCE- COMMITTED BY ANY CONVICT WHO SHALL EVADE
SERVICE OF HIS SENTENCE BY ESCAPING DURING THE TERM OF HIS IMPRISONMENT BY REASON
OF FINAL JUDGMENT
ART. 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE. - COMMITTED BY ANY CONVICT WHO
HAVING BEEN GRANTED CONDITIONAL PARDON BY THE CHIEF EXECUTIVE, SHALL VIOLATE ANY
CONDITION OF SUCH PARDON. IF THE PENALTY REMITTED BY THE GRANTING OF SUCH PARDON
BE HIGHER THAN 6 YEARS, THE CONVICT SHALL SUFFER THE UNEXPIRED PORTION OF HIS
ORIGINAL SENTENCE.
CHAPTER SEVEN - COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE.
ART. 160. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE. - ANY PERSON WHO SHALL COMMIT A FELONY AFTER HAVING BEEN
CONVICTED BY FINAL JUDGMENT, BEFORE BEGINNING TO SERVE SUCH SENTENCE, OR WHILE
SERVING THE SAME, SHALL BE PUNISHED BY THE MAXIMUM PERIOD OF THE PENALTY
PRESCRIBED BY LAW FOR THE NEW FELONY (THIS IS KNOWN AS QUASI RECIDIVISM)
ART. 161. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT, FORGING THE SIGNATURE OR
STAMP OF THE CHIEF EXECUTIVE.
ART. 163. MAKING AND IMPORTING AND UTTERING FALSE COINS-COMMITTED BY ANY PERSON WHO
SHALL MAKE, IMPORT OR UTTER FALSE COINS IN CONNIVANCE WITH COUNTERFEITERS OR
IMPORTERS.
ART. 166. FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER;
IMPORTING AND UTTERING SUCH FALSE OR FORGED NOTES AND DOCUMENTS. ACTS PUNISHABLE:
1. FORGING AND FALSIFICATION OF TREASURY OR BANK NOTES OR OTHER DOCUMENTS
PAYABLE TO BEARER.
2. IMPORTATION OF THESE FALSE OR FORGED OBLIGATIONS OR NOTES
3. UTTERING THESE FORGED OR FALSE OBLIGATION AND NOTES THE UTTERED
CONNIVING WITH THE FORGERS OR IMPORTERS
ART. 167. COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER . -
COMMITTED BY ANY PERSON WHO SHALL FORGE, IMPORT OR UTTER, IN CONNIVANCE WITH THE
IMPORTER OR FORGERS, ANY INSTRUMENT PAYABLE TO ORDER OR OTHER DOCUMENT OF
CREDIT NOT PAYABLE TO BEARER.
ART. 168. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES A ND OTHER
INSTRUMENTS OF CREDIT –COMMITTED BY ANY PERSON WHO SHALL KNOWINGLY USE OR HAVE IN
HIS POSSESSION, WITH INTENT TO USE ANY OF THE FALSE OR FALSIFIED INSTRUMENTS
REFERRED TO ABOVE.
ART. 170. FALSIFICATION OF LEGISLATIVE DOCUMENTS- COMMITTED BY ANY PERSON WHO, WITHOUT
PROPER AUTHORITY SHALL ALTER ANY BILL, RESOLUTION OR ORDINANCE ENACTED OR
APPROVED OR PENDING APPROVAL BY EITHER HOUSE OR ANY PROVINCIAL OR MUNICIPAL
BOARD OR COUNCIL
ART. 172. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS- COMMITTED
BY:
1. PRIVATE INDIVIDUAL WHO SHALL COMMIT ANY OF THE FALSIFICATIONS MENTIONED IN
THE PRECEDING ARTICLE IN ANY PUBLIC OR OFFICIAL DOCUMENT OR LETTER OF
EXCHANGE OR ANY KIND OF COMMERCIAL DOCUMENT; AND
2. ANY PERSON WHO, TO THE DAMAGE OF ANOTHER, OR WITH INTENT TO CAUSE SUCH
DAMAGE, SHALL IN ANY PRIVATE DOCUMENT SHALL COMMIT ANY OF THE ACTS OF
FALSIFICATIONS THEREIN
3. ANY PERSON WHO SHALL KNOWINGLY INTRODUCE IN EVIDENCE IN ANY JUDICIAL
PROCEEDING TO THE DAMAGE OF ANOTHER OR WHO, WITH INTENT TO CAUSE SUCH
DAMAGE, SHALL USE ANY OF THE FALSE DOCUMENTS EMBRACED IN THE PRECEDING
ARTICLE OR IN ANY OF THE SUBDIVISION OF THIS ARTICLE.
ART. 173. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE OF
SAID FALSIFIED MESSAGES.
ART. 174. FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERIT OR SERVICE, ETC. -
COMMITTED BY:
1. PHYSICIAN OR SURGEON WHO IN CONNECTION WITH THE PRACTICE OF HIS PROFESSION
, SHALL ISSUE A FALSE CERTIFICATE
2. PUBLIC OFFICER WHO SHALL ISSUE A FALSE CERTIFICATE OF MERIT OF SERVICE, GOOD
CONDUCT, OR SIMILAR CIRCUMSTANCES
3. PRIVATE PERSON WHO SHALL FALSIFY ANY OF THE ABOVE MENTIONED CERTIFICATES.
ART. 175. USING FALSE CERTIFICATE. - COMMITTED BY ANYONE WHO SHALL MAKE USE OF THE
FALSE CERTIFICATES MENTIONED IN THE NEXT PRECEDING ARTICLE.
ART. 177. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS: - COMMITTED BY ANY PERSON WHO
SHALL-
1. KNOWINGLY AND FALSELY REPRESENT HIMSELF TO BE AN OFFICER, AGENT OR
REPRESENTATIVE OF ANY DEPARTMENT OR AGENCY OF THE PHILIPPINE
GOVERNMENT OR ANY FOREIGN GOVERNMENT. (USURPATION OF AUTHORITY)
2. PERFORM ANY ACT PERTAINING TO ANY PERSON IN AUTHORITY OR PUBLIC OFFICER OF
THE PHILIPPINE GOVERNMENT OR OF A FOREIGN GOVERNMENT OR ANY AGENCY
THEREOF, UNDER PRETENSE OF OFFICIAL POSITION, AND WITHOUT BEING LAWFULLY
ENTITLED TO DO SO.
ART. 178. USING FICTITIOUS NAME AND CONCEALING TRUE NAME- COMMITTED BY ANY PERSON WHO
SHALL:
1. PUBLICLY USE A FICTITIOUS NAME FOR THE PURPOSE OF CONCEALING A CRIME,
EVADING THE EXECUTION OF A JUDGMENT, OR CAUSING DA MAGE.
2. CONCEAL HIS TRUE NAME AND OTHER PERSONAL CIRCUMSTANCES.
ART. 179. ILLEGAL USE OF UNIFORMS AND INSIGNIA- COMMITTED BY ANY PERSON WHO SHALL
PUBLICLY AND IMPROPERLY MAKE USE OF INSIGNIA, UNIFORMS, OR DRESS PERTAINING TO AN
OFFICE NOT HELD BY SUCH PERSON OR TO CLASS OF PERSONS OF WHICH HE IS NOT A MEMBER.
ART. 180. FALSE TESTIMONY AGAINST A DEFENDANT- COMMITTED BY ANY PERSON WHO SHALL GIVE
FALSE TESTIMONY AGAINST THE DEFENDANT IN ANY CRIMINAL CASE.
ART. 181. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT - COMMITTED BY ANY PERSON WHO
SHALL GIVE FALSE TESTIMONY IN FAVOR OF THE DEFENDANT.
ART. 183. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION- COMMITTED BY
ANY PERSON WHO SHALL KNOWINGLY MAKE UNTRUTHFUL STATEMENTS AND NOT BEING
INCLUDED IN THE PROVISIONS OF THE NEXT PRECEDING ARTICLES, SHALL TESTIFY UNDER
OATH, OR MAKE AN AFFIDAVIT, UPON ANY MATERIAL MATTER BEFORE A COMPETENT PERSON
AUTHORIZED TO ADMINISTER AN OATH IN CASES IN WHICH THE LAW SO REQUIRES. ELEMENTS OF
PERJURY:
1. THE ACCUSED MADE A STATEMENT UNDER OATH OR EXECUTED AN AFFIDAVIT UPON A
MATERIAL MATTER;
ART. 184. OFFERING FALSE TESTIMONY IN EVIDENCE- COMMITTED BY ANY PERSON WHO SHALL
KNOWINGLY OFFER IN EVIDENCE A FALSE WITNESS OR TESTIMONY IN ANY JUDICIAL OR
OFFICIAL PROCEEDING.
ART. 185. MACHINATIONS IN PUBLIC AUCTION- COMMITTED BY ANY PERSON WHO SHALL:
1. SOLICIT ANY GIFT OR PROMISE AS A CONSIDERATION FOR REFRAINING FROM TAKING
PART IN ANY PUBLIC AUCTION;
2. ATTEMPT TO CAUSE BIDDERS TO STAY AWAY FROM AN AUCTION BY THREATS, GIFTS,
PROMISES OR ANY OTHER ARTIFICE.
ART. 186. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF T RADE. COMMITTED BY ANY PERSON
WHO SHALL:
1. ENTER INTO ANY CONTRACT OR AGREEMENT OR SHALL TAKE PART IN ANY
CONSPIRACY OR COMBINATION, IN RESTRAINT OF TRADE OR COMMERCE OR TO
PREVENT BY ARTIFICIAL MEANS FREE COMPETITION IN THE MARKET.
2. MONOPOLIZE ANY MERCHANDISE OR OBJECT OF TRADE OR COMMERCE, OR SHALL
COMBINE WITH ANY PERSON/S TO MONOPOLIZE SAID MERCHANDISE OR OBJECT IN
ORDER TO ALTER THE PRICE THEREOF BY SPREADING FALSE RUMORS OR MAKING USE
OF ANY ARTIFICE TO RESTRAIN FREE COMPETITION IN THE MARKET.
3. BEING A MANUFACTURER, PRODUCER, OR PROCESSOR OF ANY MERCHANDISE OR
OBJECT OF COMMERCE OR AN IMPORTER OF ANY MERCHANDISE, EITHER AS
WHOLESALER OR RETAILER, SHALL COMBINE, CONSPIRE OR AGREE IN ANY MANNER
WITH ANY PERSON LIKE WISE ENGAGED IN THE MANUFACTURE, PRODUCTION,
PROCESSING, ASSEMBLING OR IMPORTATION OF SUCH MERCHANDISE OR OBJECT OF
COMMERCE FOR THE PURPOSE OF MAKING TRANSACTION PREJUDICIAL TO LAWFUL
COMMERCE, OR OF INCREASING THE MARKET PRICE.
ART. 200. GRAVE SCANDAL (MALUBHANG ISKANDALO)-COMMITTED BY ANY PERSON WHO SHALL
OFFEND AGAINST DECENCY OR GOOD CUSTOMS BY ANY HIGHLY SCANDALOUS CONDUCT NOT
EXPRESSLY FALLING WITHIN ANY ARTICLE OF THE RPC.
ART. 201. IMMORAL DOCTRINES. OBSCENE PUBLICATIONS AND EXHIBITIONS, AND INDECENT SHOWS-
COMMITTED BY ANY PERSON WHO:
1. SHALL PUBLICLY EXPOUND OR PROCLAIM DOCTRINES OPENLY CONTRARY TO PUBLIC
MORALS;
2. THE AUTHORS OF OBSCENE LITERATURE, PUBLISHED WITH THEIR KNOWLEDGE IN ANY
FORM.
3. THE EDITORS PUBLISHING SUCH LITERATURE
4. OWNERS OR OPERATORS OF ESTABLISHMENT SELLING THEM
5. THOSE WHO IN THEATERS, FAIRS, CINEMATOGRAPHS, OR ANY OTHER PLACE, EXHIBIT
INDECENT OR IMMORAL PLAYS, SCENES, ACTS OR SHOWS.
6. THOSE WHO SHALL SELL, GIVE AWAY, OR EXHIBIT FILMS, PRINTS, ENGRAVINGS,
SCULPTURES, OR LITERATURES WHICH ARE OFFENSIVE TO MORALS.
ART. 203. PUBLIC OFFICERS - ANY PERSON WHO, BY DIRECT PROVISION OF THE LAW, POPULAR
ELECTION OR APPOINTMENT BY COMPETENT AUTHORITY, SHALL TAKE PART IN THE
PERFORMANCE OF PUBLIC FUNCTIONS IN THE GOVERNMENT, OR SHALL PERFORM IN SAID
GOVERNMENT OR IN ANY OF ITS BRANCHES PUBLIC DUTIES AS AN EMPLOYEE, AGENT , OR
SUBORDINATE OFFICIAL, OF ANY RANK OR CLASS.
ART. 204. KNOWINGLY RENDERING UNJUST JUDGMENT - COMMITTED BY ANY JUDGE WHO SHALL
KNOWINGLY RENDER AN UNJUST JUDGMENT IN ANY CASE SUBMITTED TO HIM FOR DECISION.
ART. 205. JUDGMENT RENDERED THROUGH NEGLIGENCE- COMMITTED BY ANY JUDGE WHO, BY
REASON OF INEXCUSABLE NEGLIGENCE OR IGNORANCE, SHALL RENDER A MANIFESTLY UNJUST
JUDGMENT IN ANY CASE SUBMITTED TO HIM FOR DECISION.
ART. 207. MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE- COMMITTED BY A JUDGE WHO IS
GUILTY OF MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE.
ACTS PUNISHABLE:
1. AN ATTORNEY CAUSING DAMAGE TO HIS CLIENT BY MALICIOUS BREACH OF
PROFESSIONAL DUTY OR BY INEXCUSABLE NEGLIGENCE OR TOLERANCE.
2. AN ATTORNEY REVEALING ANY OF THE SECRETS OF HIS CLIENT LEARNED BY HIM IN
HIS PROFESSIONAL CAPACITY.
3. AN ATTORNEY UNDERTAKING THE DEFENSE OF THE OPPOSING PARTY IN THE SAME
CASE, WITHOUT THE CONSENT OF HIS FIRST CLIENT, AFTER HAVING UNDERTAKEN THE
DEFENSE OF THE FIRST CLIENT OR AFTER HAVING RECEIVED CONFIDENTIAL
INFORMATION FROM SAID CLIENT.
ART. 210. DIRECT BRIBERY (TUWIRANG PAGSUHOL)-COMMITTED BY A PUBLIC OFFICER WHO:
1. AGREES TO PERFORM, OR BY PERFORMING, IN CONSIDERATION OF ANY OFFE R,
PROMISE, GIFT OR PRESENT-AN ACT CONSTITUTING A CRIME, IN CONNECTION WITH THE
PERFORMANCE OF HIS OFFICIAL DUTY.
2. ACCEPTS A GIFT IN CONSIDERATION OF THE EXECUTION OF AN ACT WHICH DOES NOT
CONSTITUTE A CRIME, IN CONNECTION WITH THE PERFORMANCE OF HIS OFFICI AL
DUTY.
3. AGREEING TO REFRAIN, OR BY REFRAINING, FROM DOING SOMETHING WHICH IT IS HIS
OFFICIAL DUTY TO DO SO, IN CONSIDERATION OF A GIFT OR PROMISE.
ART. 211. INDIRECT BRIBERY- COMMITTED BY ANY PUBLIC OFFICER WHO SHALL ACC EPT GIFTS
OFFERED TO HIM BY REASON OF HIS OFFICE.
ART. 212. CORRUPTION OF PUBLIC OFFICIALS- COMMITTED BY ANY PERSON WHO SHALL HAVE MADE
THE OFFERS OR PROMISES OR GIVEN THE GIFTS OR PRESENT AS DESCRIB ED IN THE PRECEDING
ARTICLES.
ART. 213. FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES. COMMITTED BY A PUBLIC
OFFICER WHO SHALL:
ART. 217. MALVERSATION OF PUBLIC FUNDS OR PROPERTY (PAGLUSTAY NG SALAPI O MGA ARI-ARIAN
NG BAYAN)- COMMITTED BY A PUBLIC OFFICER WHO BY REASON OF THE DUTIES OF HIS OFFICE
IS ACCOUNTABLE FOR PUBLIC FUNDS OR PROPERTY WHO SHALL:
1. APPROPRIATE PUBLIC FUNDS OR PROPERTY
2. TAKE OR MISAPPROPRIATE PUBLIC FUNDS OR PROPERTY.
3. CONSENT, OR THROUGH ABANDONMENT OR NEGLIGENCE, PERMIT ANY OTHER PERSON
TO TAKE SUCH PUBLIC FUNDS OR PROPERTY.
ELEMENTS OF MALVERSATION:
1. THE OFFENDER IS A PUBLIC OFFICER;
2. HE HAD CONTROL OR CUSTODY OF FUNDS OR PROPERTY BY REASON OF THE DUTIES OF
HIS OFFICE;
3. THESE FUNDS OR PROPERTY ARE PUBLIC IN CHARACTER FOR WHICH HE IS
ACCOUNTABLE;
4. HE APPROPRIATED, MISAPPROPRIATED, TOOK, OR CONSENTED, OR THROUGH
ABANDONMENT OR NEGLIGENCE, PERMITTED ANOTHER PERSON TO TAKE THEM.
ART. 218. FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNT - COMMITTED BY ANY PUBLIC
OFFICER WHO IS REQUIRED BY LAW OR REGULATION TO RENDER ACCOUNTS TO THE
COMMISSION ON AUDIT, OR TO A PROVINCIAL AUDITOR AND WHO FAILS TO DO SO FO R A PERIOD
OF TWO MONTHS AFTER SUCH ACCOUNTS SHOULD BE RENDERED.
ART. 219. FAILURE OF RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE
COUNTRY.- COMMITTED BY A PUBLIC OFFICER WHO UNLAWFULLY LEAVES OR ATTEMPTS TO
LEAVE THE COUNTRY WITHOUT SECURING A CERTIFICATE FROM THE COA SHOWING THAT HIS
ACCOUNTS HAVE BEEN FINALLY SETTLED.
ART. 220. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY. -COMMITTED BY A PUBLIC OFFICER WHO
SHALL APPLY ANY PUBLIC FUNDS OR PROPERTY UNDER HIS ADMINISTRATION TO ANY PUBLIC
USE OTHER THAN THAT FOR WHICH SUCH FUNDS OR PROPERTY WERE APPROPRIATED BY LAW
OR ORDINANCE. ELEMENTS OF TECHNICAL MALVERSATION:
1. THE OFFENDER IS A PUBLIC OFFICER;
2. A PUBLIC FUND OR PROPERTY IS UNDER HIS ADMINISTRATION;
3. SUCH PUBLIC FUND OR PROPERTY HAS BEEN APPROPRIATED BY LAW OR ORDINANCE;
4. HE APPLIES IT TO A PUBLIC USE OTHER THAN THAT FOR WHICH SUCH FUND OR
PROPERTY HAS BEEN APPROPRIATED BY LAW OR ORDINANCE.
ART. 221. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY- COMMITTED BY ANY PUBLIC
OFFICER WHO IS UNDER OBLIGATION TO MAKE PAYMENT FROM GOVERNMENT FUNDS IN HIS
POSSESSION, WHO SHALL FAIL TO MAKE SUCH PAYMENT.
NOTE: UNDER ART 222, EVEN PRIVATE INDIVIDUALS MAY BE HELD LIABLE UNDER THE PROVISIONS
OF ARTICLES 217 TO 221 IF:
1. HE HAS CHARGE OF ANY NATIONAL, PROVINCIAL, MUNICIPAL FUNDS, REVENUE OR
PROPERTY.
2. HE IS THE ADMINISTRATOR OR DEPOSITORY OF FUNDS OR PROPERTY, ATTACHED, SEIZED
OR DEPOSITED BY PUBLIC AUTHORITY, EVEN IF SUCH PROPERTY BELONGS TO A
PRIVATE INDIVIDUAL.
ART. 223. CONNIVING WITH OR CONSENTING TO EVASION. - COMMITTED BY ANY PUBLIC OFFICER WHO
SHALL CONSENT TO THE ESCAPE OF A PRISONER IN HIS CUSTODY OR CHARGE.
ART. 224. EVASION THROUGH NEGLIGENCE- COMMITTED BY A PUBLIC OFFICER WHO IS CHARGED
WITH THE CUSTODY OR CONVEYANCE OF A PRISONER AND THE PRISONER ESCAPED THROUGH
HIS NEGLIGENCE.
ART. 225. ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER. -
COMMITTED BY ANY PRIVATE PERSON TO WHOM THE CONVEYANCE OR CUSTODY OF A PRISONER
OR PERSON UNDER ARREST SHALL HAVE BEEN CONFIDE4D, WHO SHALL COMMIT ANY OF THE
OFFENSES MENTIONED IN THE TWO PRECEDING ARTICLES.
ART. 227. OFFICER BREAKING SEAL- COMMITTED BY ANY PUBLIC OFFICER CHARGED WITH THE
CUSTODY OF PAPERS OR PROPERTY SEALED BY PROPER AUTHORITY, WHICH SHALL BREAK THE
SEALS OR PERMIT THEM TO BE BROKEN.
ART. 228. OPENING OF CLOSED DOCUMENTS- COMMITTED BY ANY PUBLIC OFFICER WHO WITHOUT
PROPER AUTHORITY, SHALL OPEN OR SHALL PERMIT TO BE OPENED ANY CLOSED PAPERS,
DOCUMENTS, OR OBJECTS ENTRUSTED TO HIS CUSTODY.
ACTS PUNISHABLE:
1. REVEALING ANY SECRETS KNOWN TO THE PUBLIC OFFICER BY REASON OF HIS
OFFICIAL DUTY.
2. DELIVERING WRONGFULLY PAPERS OR COPIES OF PAPERS WHICH HE MAY HAVE
CHARGE AND WHICH SHOULD NOT BE PUBLISHED.
ART. 230. PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL - COMMITTED BY ANY
PUBLIC OFFICER TO WHOM THE SECRETS OF PRIVATE INDIVIDUAL SHALL BECOME KNOWN BY
REASON OF HIS OFFICE WHO SHALL REVEAL SUCH SECRETS.
ART. 231. OPEN DISOBEDIENCE- COMMITTED BY ANY JUDICIAL OR EXECUTIVE OFFICER WHO
SHALL OPENLY REFUSE TO EXECUTE THE JUDGMENT, DECISION OR ORDER O \F ANY SUPERIOR
AUTHORITY MADE WITHIN THE SCOPE OF JURISDICTION OF THE LATTER AND ISSUED WITH ALL
LEGAL FORMALITIES.
ART. 232. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY
INFERIOR OFFICER- COMMITTED BY A PUBLIC OFFICER, WHO HAS SUSPENDED THE EXECUTION OF
THE ORDERS OF HIS SUPERIOR, SHALL DISOBEY SUCH SUPERIORS AFTER THE LATTER HAVE
DISAPPROVED THE SUSPENSION.
ART. 233. REFUSAL OF ASSISTANCE- COMMITTED BY A PUBLIC OFFICER, WHO TO THE DAMAGE OF
THE PUBLIC INTEREST OR TO A THIRD PERSON, UPON DEMAND FROM COMPETENT AUTHORITY,
SHALL FAIL TO LEND HIS COOPERATION TOWARDS THE ADMINISTRATION OF JUSTICE OR OTHER
PUBLIC SERVICE.
ART. 234. REFUSAL TO DISCHARGE ELECTIVE OFFICE. - COMMITTED BY ANY PERSON WHO HAVING
BEEN ELECTED BY ELECTION, SHALL REFUSE WITHOUT LEGAL MOTIVE TO BE SWORN IN OR TO
DISCHARGE THE DUTIES OF SAID OFFICE.
ART. 236. ANTICIPATION OF DUTIES OF A PUBLIC OFFICE- COMMITTED BY ANY PERSON WHO SHALL
ASSUME THE PERFORMANCE OF THE DUTIES AND POWERS OF ANY PUBLIC OFFICE OR
EMPLOYMENT WITHOUT FIRST BEING SWORN IN OR HAVING GIVEN THE BOND REQUIRED BY
LAW.
ART. 237. PROLONGING PERFORMANCE OF DUTIES AND POWERS.- COMMITTED BY A PUBLIC OFFICER
WHO SHALL CONTINUE TO EXERCISE THE DUTIES AND POWERS OF HIS OFFICE, EMPLOYMENT OR
COMMISSION BEYOND THE PERIOD PROVIDED BY LAW OR REGULATIONS.
ART. 238. ABANDONMENT OF OFFICE OR POSITION. - COMMITTED BY ANY PUBLIC OFFICER WHO,
BEFORE, THE ACCEPTANCE OF HIS RESIGNATION, SHALL ABANDON HIS OFFICE TO THE
DETRIMENT OF THE PUBLIC SERVICE.
ART. 239. USURPATION OF LEGISLATIVE POWERS- COMMITTED BY A PUBLIC OFFICER WHO SHALL
ENCROACH THE POWERS OF THE LEGISLATIVE BRANCH OF THE GOVERNMENT BY MAKING
RULES AND REGULATIONS BEYOND THE SCOPE OF HIS AUTHORITY, OR BY ATTEMPTING TO
REPEAL A LAW OR SUSPENDING ITS EXECUTION.
ART. 240. USURPATION OF EXECUTIVE FUNCTIONS- COMMITTED BY ANY JUDGE WHO SHALL ASSUME
ANY POWER PERTAINING TO THE EXECUTIVE AUTHORITIES, OR SHALL OBSTRUCT THE LATTER
IN THE EXERCISE OF THEIR POWERS.
ART. 241. USURPATION OF JUDICIAL FUNCTIONS- COMMITTED BY ANY OFFICERS OF THE EXECUTIVE
BRANCH WHO SHALL ASSUME JUDICIAL POWERS OR SHALL OBSTRUCT THE EXECUTION OF ANY
ORDER OR DECISION RENDERED B7Y ANY JUDGE WITHIN HIS JURISDICTION.
ART. 242. DISOBEYING REQUEST FOR DISQUALIFICATION- COMMITTED BY ANY PUBLIC OFFICER, WHO
BEFORE THE QUESTION OF JURISDICTION IS DECIDED, SHALL CONTINUE ANY PROCEEDING
AFTER HAVING BEEN LAWFULLY REQUIRED TO REFRAIN FROM SO DOING.
ART. 243. ORDERS OR REQUESTS BY EXECUTIVE OFFICERS UPON JUDICIAL AUTHORITY- COMMITTED BY
ANY EXECUTIVE OFFICERS WHO SHALL ADDRESS ANY ORDER OR SUGGESTION TO ANY JUDICIAL
AUTHORITY WITH RESPECT TO ANY CASE OR BUSINESS COMING WITHIN THE EXCLUSIVE
JURISDICTION OF COURTS.
ART. 246. PARRICIDE. – ANY PERSON WHO SHALL KILL HIS FATHER, MOTHER OR CHILD,
WHETHER LEGITIMATE OR ILLEGITIMATE, OR ANY OF HIS ASCENDANTS, OR DESCENDANTS, OR
HIS SPOUSE, SHALL BE GUILTY OF PARRICIDE AND SHALL BE PUNISHED BY THE PENALTY OF
RECLUSION PERPETUA TO DEATH.
ELEMENTS OF PARRICIDE:
1. A PERSON IS KILLED;
2. ACCUSED KILLED THE DECEASED;
3. THE DECEASED IS THE LEGITIMATE OR ILLEGITIMATE FATHER, MOTHER OR CHILD, OR
LEGITIMATE ASCENDANT OR LEGITIMATE DESCENDANT OR LEGITIMATE SPOUSE OF THE
ACCUSED.
ART. 247. DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES. - ANY
LEGALLY MARRIED PERSON WHO, HAVING SURPRISED HIS SPOUSE IN THE ACT OF COMMITTING
SEXUAL INTERCOURSE WITH ANOTHER PERSON, SHALL KILL ANY OF THEM OR BOTH OF THEM
IN THE ACT OR IMMEDIATELY THEREAFTER, SHALL INFLICT UPON THEM ANY SERIOUS
PHYSICAL INJURY SHALL SUFFER THE PENALTY OF DESTIERRO .
1. IF HE SHALL INFLICT UPON THEM PHYSICAL INJURIES OF ANY OTHER KIND HE SHALL
BE EXEMPTED FROM PUNISHMENT.
2. THESE RULES SHALL BE APPLICABLE, UNDER THE SAME CIRCUMSTANCE, TO PARENTS,
WITH RESPECT TO THEIR DAUGHTERS UNDER 18 YEARS OF AGE, AND THEIR SEDUCER,
WHILE THE DAUGHTERS ARE LIVING WITH THEIR PARENTS.
3. ANY PERSON WHO SHALL PROMOTE OR FACILITATE THE PROSTITUTION OF HIS WIFE OR
DAUGHTER, OR SHALL OTHERWISE HAVE CONSENTED TO THE INFIDELITY OF THE
OTHER SPOUSE SHALL NOT BE ENTITLED TO THE BENEFITS OF THIS ARTICLE.
ART. 248. MURDER (ASSASINATO) - ANY PERSON, WHO, NOT FALLING WITHIN THE PROVISIONS OF
ARTICLE 246, SHALL KILL ANOTHER, SHALL BE GUILTY OF MURDER AND SHALL BE PUNISHED BY
RECLUSION PERPETUA TO DEATH IF COMMITTED WITH ANY OF THE FOLLOWING ATTENDANT
CIRCUMSTANCES.
a. WITH TREACHERY
b. TAKING ADVANTAGE OF SUPERIOR STRENGTH
c. WITH THE AID OF ARMED MEN
d. EMPLOYING MEANS TO WEAKEN DEFENSE
e. EMPLOYING MEANS OR PERSONS TO INSURE OR AFFORD IMPUNITY
f. IN CONSIDERATION OF PRICE REWARD OR PROMISE
g. BY MEANS OF INUNDATION
h. BY MEANS OF FIRE
i. BY MEANS OF POISON
j. BY MEANS OF EXPLOSION
k. BY MEANS OF SHIPWRECK
l. BY MEANS OF STRANDING OF A VESSEL
m. BY MEANS OF DERAILMENT OR ASSAULT UPON A RAILROAD
n. BY MEANS OF FALL OF AN AIRSHIP
o. BY MEANS OF MOTOR VEHICLE
p. BY THE USE OF OTHER MEANS INVOLVING GREAT WASTE AND RUIN
q. ON THE OCCASION OF ANY OF THE CALAMITIES ENUMERATED IN LETTERS G -P.
r. ON THE OCCASION OF AN EARTHQUAKE
s. ON THE OCCASION OF ERUPTION OF VOLCANO
t. ON THE OCCASION OF DESTRUCTIVE CYCLONE
u. ON THE OCCASION OF EPIDEMIC
v. ON THE OCCASION OF ANY OTHER PUBLIC CALAMITY
w. WITH EVIDENT PREMEDITATION
x. WITH CRUELTY (BY DELIBERATELY AND INHUMANLY AUGMENTING THE SUFFERING OF
THE VICTIM)
y. BY OUTRAGING OR SCOFFING AT THE PERSON OR CORPSE OF A PERSON.
ELEMENTS OF MURDER:
1. A PERSON WAS KILLED;
2. THE ACCUSED KILLED THE DECEASED;
3. THE KILLING WAS ATTENDED BY ANY OF THE QUALIFYING CIRCUMSTANCE MENTIONED IN
ARTICLE 248; THE KILLING IS NOT PARRICIDE, INFANTICIDE OR HOMICIDE.
ART. 249. HOMICIDE- IS A CRIME COMMITTED BY ANY PERSON WHO SHALL KILL ANOTHER
WITHOUT THE ATTENDANCE OF ANY OF THE CIRC UMSTANCES MENTIONED IN ARTICLE 248.
HOMICIDE, DEFINED- THE UNLAWFUL KILLING OF ANOTHER BUT WHICH IS NOT PARRICIDE,
MURDER OR INFANTICIDE.
ELEMENTS OF HOMICIDE:
1. A PERSON WAS KILLED;
2. THE ACCUSED KILLED THE DECEASED;
ACCIDENTAL HOMICIDE, DEFINED- THIS IS A HOMICIDE THAT RESULTS WHEN THE DEATH OF A
PERSON IS BROUGHT ABOUT BY A LAWFUL ACT PE RFORMED WITH PROPER CARE AND SKILL
AND ABSENCE OF CRIMINAL INTENT.
ARTICLE 253. GIVING ASSISTANCE TO SUICIDE- IS COMMITTED BY ANY PERSON WHO SHALL ASSIST
ANOTHER TO COMMIT SUICIDE, OR LENDING HIS ASSISTANCE TO ANOTHER TO THE EXTENT OF
DOING THE KILLING HIMSELF.
ART. 255. INFANTICIDE- IS THE KILLING OF A CHILD LESS THAN THREE (3) DAYS OLD.
ELEMENTS OF INFANTICIDE:
1. A CHILD LESS THAN 3 DAYS OLD (72 HOURS OLD OR LESS) IS KILLED;
2. THE ACCUSED KILLED SAID CHILD.
ART. 256. INTENTIONAL ABORTION - IS COMMITTED BY ANY PERSON WHO SHALL INTENTIONALLY
CAUSE AN ABORTION BY:
1. USING VIOLENCE UPON THE PERSON OF THE PREGNANT WOMAN; OR
2. ACTING WITHOUT THE CONSENT OF THE WOMAN BUT WITHOUT USING VIOLENCE;
3. ACTING WITH THE CONSENT OF THE WOMAN
ART. 257. UNINTENTIONAL ABORTION- COMMITTED BY ANY PERSON WHO SHALL CAUSE AN
ABORTION BY VIOLENCE, BUT UNINTENTIONALLY
ART. 259. ABORTION PRACTICED BY WOMAN HERSELF OR BY HER PARENTS- THIS IS COMMITTED BY A
WOMAN WHO SHALL PRACTICE AN ABORTION UPON HERSELF OR SHALL CONSENT THAT ANY
OTHER PERSON SHOULD DO SO.
DUEL - IS A COMBAT AGREED BETWEEN TWO PARTIES IN THE PRESENCE OF SECONDS WHO
MAKES THE SELECTION OF ARMS.
LIABILITIES IN A DUEL
IF THE ADVERSARY IS KILLED RECLUSION TEMPORAL
PHYSICAL INJURIES CONSULT ARTICLE 263 -266
NO PHYSICAL INJURIES WHATSOEVER WAS BOTH COMBATANTS SHALL SUFFER ARRESTO
COMMITTED MAYOR
LIABILITY OF SECONDS THEY ARE CONSIDERED AS ACCOMPLICES
ART. 261. CHALLENGING TO A DUEL- COMMITTED BY ANY PERSON WHO SHALL CHALLENGE
ANOTHER, OR INCITE ANOTHER TO GIVE OR ACCEPT A CHALLENGE TO A DUEL, OR SHALL SCOFF
AT OR DECRY ANOTHER PUBLICLY FOR REFUSING TO ACCEPT A CHALLENGE TO FIGHT A DUEL.
ART. 262. MUTILATION - COMMITTED BY ANY PERSON WHO SHALL INTENTIONALLY MUTILATE
ANOTHER BY DEPRIVING HIM, EITHER TOTALLY OR PARTIALLY, OF SOME ESSENTIAL ORGAN OF
REPRODUCTION. ANY OTHER INTENTIONAL MUTILATION IS ALSO PUNISHED (KNOWN AS
MAYHEM)
ART. 263. SERIOUS PHYSICAL INJURIES- COMMITTED BY ANY PERSON WHO SHALL WOUND, BEAT OR
ASSAULT ANOTHER CAUSING THE OFFENDED PARTY TO BECOME:
1. INSANE, IMBECILE, IMPOTENT OR BLIND;
ART. 265. LESS SERIOUS PHYSICAL INJURIES- COMMITTED BY ANY PERSON WHO SHALL INFLICT
INJURIES UPON ANOTHER WHICH SHALL INCAPACITATE THE OFFENDED PARTY FOR LABOR FOR
10 DAYS ORMORE, OR SHALL REQUIRE MEDICAL ATTENDANCE FOR THE SAME PERIOD.
ART. 266. SLIGHT PHYSICAL INJURIES- COMMITTED BY ANY PERSON WHO SHALL INFLICT PHYSICAL
INJURY UPON ANOTHER WHICH SHALL INCAPACITATE ANOTHER FOR LABOR FROM 1-9 DAYS OR
SHALL REQUIRE MEDICAL ATTENDANCE FOR THE SAME PERIOD OR ANY INJURY WHICH DOES
NOT PREVENT THE OFFENDED PARTY FROM ENGAGING IN HIS HABITUAL WORK NOR REQUIRE
MEDICAL ATTENDANCE, OR SHALL ILL TREAT ANOTHER BY DEED WITHOUT CAUSING ANY
INJURY (MALTREATMENT).
ART. 266-C EFFECT OF PARDON -THE SUBSEQUENT VALID MARRIAGE BETWEEN THE PARTIES
SHALL EXTINGUISH THE CRIMINAL ACTION OR THE PENALTY IMPOSED. THE FORGIVENESS BY
THE WIFE SHALL EXTINGUISH THE CRIMINAL ACTION OR THE PENALTY.
ART. 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION- COMMITTED BY ANY PERSON WHO SHALL
KIDNAP OR DETAIN ANOTHER, OR IN ANY OTHER MANNER SHALL DEPRIVE HIM OF HIS
LIBERTY.
ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION:
1. A PERSON KIDNAPS OR DETAINS ANOTHER, OR DEPRIVES ANOTHER OF LIBERTY;
2. THE OFFENDER MUST BE A PRIVATE INDIVIDUAL;
3. ANY OF THE FOLLOWING CIRCUMSTANCE MUST BE PRESENT:
a. THE KIDNAPPING OR DETENTION MUST LAST FOR MORE THAN 3 DAYS;
b. THE KIDNAPPING WAS DONE SIMULATING PUBLIC AUTHORITY;
c. ANY SERIOUS PHYSICAL INJURIES ARE INFLICTED UPON THE PERSON
KIDNAPPED OR THREATS TO KILL HIM ARE MADE.
d. THE VICTIM IS A MINOR, FEMALE OR A PUBLIC OFFICER.
ART. 268. SLIGHT ILLEGAL DETENTION- COMMITTED BY ANY PRIVATE INDIVIDUAL WHO SHALL
COMMIT THE CRIMES DESCRIBED IN ART
267 WITHOUT THE ATTENDANCE OF ANY OF THE CIRCUMSTANCES THEREIN MENTIONED.
ART. 269. UNLAWFUL ARREST- COMMITTED BY ANY PERSON WITHOUT BEING AUTHORIZED BY
LAW, OR WITHOUT REASONABLE GROUND SHALL ARREST OR DETAIN ANOTHER FOR THE
PURPOSE OF DELIVERING HIM TO THE PROPER AUTHORITIES.
ART. 270. KIDNAPPING AND FAILURE TO RETURN A MINOR- COMMITTED BY ANY PERSON WHO, BEING
ENTRUSTED WITH THE CUSTODY OF A MINOR, SHALL DELIBERATELY FAIL TO RESTORE THE
LATTER TO HIS PARENTS OR GUARDIANS.
ART. 271. INDUCING A MINOR TO ABANDON HOME- COMMITTED BY ANYONE WHO SHALL INDUCE A
MINOR TO ABANDON THE HOME OF HIS PARENTS OR GUARDIANS OR THE PERSONS ENTRUSTED
WITH HIS CUSTODY.
ART. 275. ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONES OWN VICTIM -
COMMITTEE BY ANYONE WHO SHALL FAIL:
1. TO RENDER ASSISTANCE TO PERSON WHOM HE SHALL FIND IN AN UNINHABITED PLACE
WOUNDED OR IN DANGER OF DYING
2. TO RENDER ASSISTANCE TO ANOTHER WHOM HE HAS ACCIDENTALLY WOUNDED OR
INJURED
3. FAIL TO DELIVER AN ABANDONED CHILD UNDER 7 WHOM HE FOUND TO HIS PARENTS
OR AUTHORITIES.
ART. 276. ABANDONING A MINOR- COMMITTED BY ANYONE WHO SHALL ABANDON A CHILD UNDER 7
YEARS OF AGE, THE CUSTODY OF WHICH IS INCUMBENT UPO N HIM.
ART. 277. INDIFFERENCE OF PARENTS- COMMITTED BY THE PARENTS WHO SHALL NEGLECT THEIR
CHILDREN BY NOT GIVING THEM THE EDUCATION WHICH THEIR STATION IN LIFE REQUIRES
AND FINANCIAL CONDITIONS PERMIT.
ART. 282. GRAVE THREATS (MALUBHANG PANANAKOT)- COMMITTED BY ANY PERSON WHO SHALL,
THREATEN ANOTHER WITH THE INFLICTION UPON THE PERSON, HONOR, OR PROPERTY OF THE
LATTER OR OF HIS FAMILY OF ANY WRONG AMOUNTING TO A CRIME. ELEMENTS OF GRAVE
THREATS ONE (WHERE OFFENDER ATTAINED HIS PURPOSE):
1. THE OFFENDER THREATENS ANOTHER WITH THE INFLICTION UPON THE LATTER’S
PERSON, HONOR OR PROPERTY, OR UPON HIS FAMILY OF ANY WRONG.
2. THE WRONG AMOUNTS TO A CRIME;
3. THERE IS DEMAND FOR MONEY OR THAT ANY OTHER CONDITION IS IMPOSED, EVEN
THOUGH NOT UNLAWFUL;
4. THE OFFENDER ATTAINS HIS PURPOSE.
ART. 283. LIGHT THREATS- IS THREAT TO COMMIT A WRONG NOT CONSTITUTING A CRIME, A CRIME
MADE IN THE MANNER EXPRESSED IN SUBDIVISION ONE OF ARTICLE 282.
ART. 284. BOND FOR GOOD BEHAVIOR- THE PERSON MAKING THE THREATS MAY BE REQUIRED TO
GIVE BAIL NOT TO MOLEST THE PERSON THREATENED, IF HE SHALL FAIL TO GIVE SUCH BAIL, HE
SHALL BE SENTENCED TO DESTIERRO.
ART. 285. OTHER LIGHT THREATS- COMMITTED BY ANY PERSON WHO SHALL:
1. THREATEN ANOTHER WITH A WEAPON, OR DRAW SUCH WEAPON IN A QUARREL UNLESS
IT BE A LAWFUL SELF DEFENSE
2. ORALLY THREATEN ANOTHER WITH SOME HARM CONSTITUTING A CRIME, WHO BY
SUBSEQUENT ACTS SHOWS THAT HE DID NOT PERSIST IN THE IDEA INVOLVED IN THE
THREAT.
ART. 287. LIGHT COERCION- COMMITTED BY ANY PERSON WHO BY MEANS OF VIOLENCE, SHALL
SEIZE ANYTHING BELONGING TO HIS DEBTOR FOR THE PURPOSE OF APPLYING THE SAME TO
THE PAYMENT OF DEBT. ANY OTHER COERCION OR UNJUST VEXATION IS ALSO PUNISHED.
ART. 288. OTHER SIMILAR COERCIONS. (COMPULSORY PURCHASE OF MERCHANDISE AND PAYMENT OF
WAGES BY TOKENS) COMMITTED BY ANYONE WHO SHALL COMPEL HIS EMPLOYEE OR LABORERS
TO PURCHASE MERCHANDISE OR COMMODITIES OF ANY KIND.
ROBBERY, (PAGNANAKAW) DEFINED- IS A CRIME COMMITTED BY ANY PERSON WHO, WITH INTENT
TO GAIN, SHALL TAKE THE PERSONAL PROPERTY BELONGING TO ANOTHER, BY MEANS OF
VIOLENCE AGAINST OR INTIMIDATION OF ANY PERSON, OR USING FORCE UPON ANYTHING.
ART. 299 ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP
(ROBBERY BY THE USE OF FORCE UPON THINGS)
ART. 304. POSSESSION OF PICKLOCKS OR SIMILAR TOOLS- COMMITTED BY ANY PERSON WHO SHALL
HAVE IN HIS POSSESSION OR SHALL MAKE PICKLOCKS OR SIMILAR TOOLS SPECIALLY ADOPTED
TO THE COMMISSION OF THE CRIME OF ROBBERY
ART. 306. BRIGANDS (TULISAN) - WHEN MORE THAN THREE ARMED PERSONS FORM A BAND OF
ROBBERS FOR THE PURPOSE OF EXTORTION OR TO OBTAIN RANSOM OR FOR ANY OTHER
PURPOSE TO BE ATTAINED BY MEANS OF FORCE AND VIOLENCE THEY SHALL BE DEEMED TO BE
HIGHWAY ROBBERS OR BRIGANDS.
ART. 308. THEFT (PANG-UUMIT) - COMMITTED BY ANY PERSON WHO WITH INTENT TO GAIN BUT
WITHOUT VIOLENCE AGAINST, OR INTIMIDATION OF PERSONS NOR FORCE UPON THINGS, SHALL
TAKE PERSONAL PROPERTY OF ANOTHER WITHOUT THE LATTER’S CONSENT.
ELEMENTS OF THEFT:
1. THERE IS A TAKING OF PERSONAL PROPERTY;
ART. 311. THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM
ART. 313. ALTERING BOUNDARIES OR LANDMARKS- COMMITTED BY ANY PERSON WHO SHALL ALTER
THE BOUNDARY MARKS OR MONUMENTS OF TOWNS, PROVINCES, OR ESTATES, OR ANY OTHER
MARKS INTENDED TO DESIGNATE THE BOUNDARIES OF THE SAME
ART. 314. FRAUDULENT INSOLVENCY- COMMITTED BY ANY PERSON WHO SHALL ABSCOND WITH HIS
PROPERTY TO THE PREJUDICE OF HIS CREDITORS
ESTAFA IS COMMITTED BY ANY PERSON WHO SHALL DEFRAUD ANOTHER BY ANY OF THE
FOLLOWING MEANS:
1. WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE:
a. BY ALTERING THE SUBSTANCE, QUANTITY, OR QUALITY OF ANYTHING OF VALUE
WHICH THE OFFENDER SHALL DELIVER BY VIRTUE OF AN OBLIGATION TO DO SO, EVEN
THOUGH SUCH OBLIGATION BE BASED ON AN IMMORAL OR ILLEGAL CONSIDERATION;
b. BY MISAPPROPRIATING OR CONVERTING, TO THE PREJUDICE OF A NOTHER, MONEY,
GOODS, OR OTHER PERSONAL PROPERTY, RECEIVED BY THE OFFENDER IN TRUST, OR
ON COMMISSION, OR FOR ADMINISTRATION, OR UNDER ANY OTHER OBLIGATION
INVOLVING THE DUTY TO MAKE DELIVERY OF, OR TO RETURN THE SAME, EVEN
THOUGH SUCH OBLIGATION BE TOTALLY OR PARTIALLY GUARANTEED BY A BOND; OR
BY DENYING HAVING RECEIVED SUCH MONEY, GOODS, OR OTHER PROPERTY;
c. BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE OF THE OFFENDED PARTY IN
BLANK, AND BY WRITING ANY DOCUMENT ABOVE SUCH SIGNATURE IN BLANK, TO THE
PREJUDICE OF THE OFFENDED PARTY OR ANY THIRD PERSON.
ART. 317. SWINDLING A MINOR- COMMITTED BY ANY PERSON WHO SHALL TAKE ADVANTAGE OF
THE INEXPERIENCE, OR EMOTIONS OR FEELINGS OF A MINOR TO HIS DETRIMENT
ART. 318. OTHER DECEITS- COMMITTED BY ANY PERSON WHO FOR PROFIT OR GAIN, SHALL
INTERPRET DREAMS, MAKE FORECASTS, TELL FORTUNES, OR TAKE ADVANTAGE OF THE
CREDULITY OF THE PUBLIC
ART. 327. MALICIOUS MISCHIEF (SADYANG PAMIMINSALA) - COMMITTED BY ANY PERSON WHO
SHALL DELIBERATELY CAUSE TO THE PROPERTY OF ANOTHER DAMAGE NOT FALLING WITHIN
THE TERMS OF THE PRECEDING CHAPTER.
ART. 317. SWINDLING A MINOR- COMMITTED BY ANY PERSON WHO SHALL TAKE ADVANTAGE OF
THE INEXPERIENCE AND EMOTIONS OF A MINOR BY INDUCING HIM TO ASSUME ANY OBLIGATION
OR TO GIVE ANY RELEASE OR EXECUTE ANY TRANSFER OF ANY PROPERTY RIGHT IN
CONSIDERATION OF SOME LOAN OF MONEY CREDIT, OR OTHER PERSONAL PROPERTY TO THE
DETRIMENT OF THE MINOR.
ART. 318. OTHER DECEITS- COMMITTED BY ANY PERSON WHO SHALL DEFRAUD OR DAMAGE
ANOTHER BY ANY OTHER DECEIT NOT MENTIONED IN THE PRECEDING ARTICLE.
IT IS ALSO COMMITTED BY ANY PERSON WHO FOR PROFIT OR GAIN SHALL INTERPRET
DREAMS, MAKE FORECAST OR FORTUNES, OR TAKE ADVANTAGE OF THE CREDULITY OF THE
PUBLIC IN ANY OTHER SIMILAR MANNER.
ART. 320. DESTRUCTIVE ARSON- COMMITTED BY ANY PERSON WHO SHALL BURN:
1. ONE OR MORE BUILDING OR EDIFICES;
2. ANY BUILDING OF PRIVATE OR PUBLIC OWNERSHIP;
3. ANY TRAIN, SHIP OR VESSEL, AIRSHIP OR AIRPLANE;
4. ANY BUILDING, FACTORY, WAREHOUSE INSTALLATION WHICH ARE DEVOTED TO THE
SERVICE OF PUBLIC UTILITIES;
5. ANY BUILDING THE BURNING OF WHICH IS FOR CONCEALING OR DESTROYING
EVIDENCE OF ANOTHER VIOLATION OF LAW, OR CONCEALING BANKRUPTCY OR
DEFRAUDING CREDITORS OR TO COLLECT FROM INSURANCE.
6. ANY ARSENAL, SHIPYARD, MILITARY POWDER OR FIREWORKS FACTORY OR MUSEUM
OF THE GOVERNMENT;
7. IN AN INHABITED PLACE, ANY STOREHOUSE OR FACTORY OF INFLAMMABLE OR
EXPLOSIVE MATERIALS.
ART. 330. DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION- COMMITTED BY ANY PERSON
WHO SHALL DAMAGE ANY RAILWAY, TELEGRAPH OR TELEPHONE LINES.
ART. 333. ADULTERY- COMMITTED BY ANY MARRIED WOMAN WHO SHALL HAVE SEXUAL
INTERCOURSE WITH A MAN NOT HER HUSBAND AND BY THE MAN WHO HAS CARNAL
KNOWLEDGE OF HER, KNOWING HER TO BE MARRIED.
ELEMENTS OF ADULTERY:
1. THE OFFENDER IS A MARRIED WOMAN;
2. SHE HAS SEXUAL INTERCOURSE WITH A MAN NOT HER HUSBAND;
3. AS TO THE MAN WHOM SHE HAD SEXUAL INTERCOURSE WITH, HE MUST KNOW HER TO
BE MARRIED.
ELEMENTS OF CONCUBINAGE:
1. THE OFFENDER (MAN) MUST BE MARRIED;
2. HE COMMITTED ANY OF THE FOLLOWING:
a. KEEPING A MISTRESS IN THE CONJUGAL DWELLING.
b. HAVING SEXUAL INTERCOURSE UNDER SCANDALOUS CIRCUMSTANCES WITH A
WOMAN NOT HIS WIFE.
c. COHABITING WITH HER IN ANY OTHER PLACE.
3. AS REGARDS THE WOMAN OFFENDER (CONCUBINE) SHE MUST KNOW HIM TO BE
MARRIED.
ART. 336. ACTS OF LASCIVIOUSNESS (MGA AKTANG MALALASWA) - COMMITTED BY ANY PERSON WHO
SHALL COMMIT ANY ACT OF LASCIVIOUSNESS UPON OTHER PERSONS OF EITHER SEX, UNDER
THE CIRCUMSTANCES MENTIONED IN THE CRIME OF RAPE.
ART. 339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY- COMMITTED BY
THE SAME PERSONS AND UNDER THE SAME CIRCUMSTANCES AS THOSE PROVIDED IN ARTICLE 337
AND 338.
ART. 340. CORRUPTION OF MINORS- COMMITTED BY ANY PERSON WHO SHALL PROMOTE OR
FACILITATE THE PROSTITUTION OR CORRUPTION OF PERSONS UNDER AGE TO SATISFY THE LUST
OF ANOTHER.
ART. 341. WHITE SLAVE TRADE (PAGBILI NG LAMAN)- COMMITTED BY ANY PERSON WHO, IN ANY
MANNER, OR UNDER ANY PRETEXT, SHALL ENGAGE IN THE BUSINESS OR SHALL PROFIT BY
PROSTITUTION OR SHALL ENLIST THE SERVICES OF ANY OTHER FOR THE PURPOSE OF
PROSTITUTION.
ART. 342. FORCIBLE ABDUCTION (PAGPILIT NA PAG-AGAW SA BABAE)- THE ABDUCTION OF ANY
WOMAN AGAINST HER WILL AND WITH LEWD DESIGNS.
ABDUCTION - TAKING AWAY OF A WOMAN FOR THE PURPOSE OF MARRYING OR CORRUPTING HER.
ART. 344. PROSECUTION OF THE CRIMES OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE
AND ACTS OF LASCIVIOUSNESS
ART. 347. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD (PAGPAPANGGAP SA PAGKAPANGANAK, ANG PAGPAPALIT
NG ISANG BATA NG IBA AT PAGTATAGO O PAG-ABANDONA SA ISANG LEHITIMONG BATA.
ART. 348. USURPATION OF CIVIL STATUS (PAG-ANGKIN NG ESTADO SIBIL) - COMMITTED BY ANY
PERSON WHO SHALL USURP THE CIVIL STATUS OF ANOTHER.
ART. 349. BIGAMY- COMMITTED BY ANY PERSON WHO SHALL CONTRACT A SECOND OR
SUBSEQUENT MARRIAGE BEFORE THE FORMER MARRIAGE HAS BEEN LEGALLY DISSOLVED, OR
BEFORE THE ABSENT SPOUSE HAS BEEN DECLARED PRESUMPTIVELY DEAD.
ELEMENTS OF BIGAMY:
1. THE OFFENDER IS LEGALLY MARRIED TO ANOTHER;
2. THE MARRIAGE HAS NOT BEEN LEGALLY DISSOLVED, IN CASE THE OTHER SPOUSE IS
ABSENT, THE ABSENTEE COULD NOT BE PRESUMED DEAD YET AND THERE IS NO
JUDICIAL DECLARATION TO THAT EFFECT YET;
3. THE OFFENDER CONTRACTS A SECOND OR SUBSEQUENT MARRIAGE;
4. THE SECOND OR SUBSEQUENT MARRIAGE MUST HAVE ALL THE ESSENTIAL REQUISITES
FOR VALIDITY.
ART. 350. MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAW.-COMMITTED BY ANY PERSON WHO
SHALL CONTRACT MARRIAGE KNOWING THAT THE REQUIREMENTS OF THE LAW HAVE NOT BEEN
COMPLIED WITH OR THAT THE MARRIAGE IS IN DISREGARD OF LEGAL IMPEDIMENT.
ART. 359. SLANDER BY DEED (PANINIRANG PURING KILOS)- COMMITTED BY ANY PERSON WHO
SHALL PERFORM ANY ACT NOT INCLUDED IN TITLE 13, WHICH SHALL CAST DISHONOR,
DISCREDIT, OR CONTEMPT UPON ANOTHER PERSON
ART. 361. PROOF OF TRUTH- IN PROSECUTIONS FOR LIBEL PROOF OF TRUTH MAY BE GIVEN IN
EVIDENCE AND IF IT APPEARS THAT THE MATTER CHARGED AS LIBELOUS IS TRUE AND THAT IT
WAS PUBLISHED WITH GOOD MOTIVES AND FOR JUSTIFIABLE ENDS, THE DEFENDANT SHALL BE
ACQUITTED.
CLASSIFICATION OF EVIDENCE
1. OBJECT OR REAL OR AUTOPTIC EVIDENCE OR PHYSICAL EVIDENCE OR TANGIBLE
EVIDENCE- THAT WHICH IS DIRECTLY ADDRESSED TO THE SENSES OF THE COURT AND
CONSISTS OF TANGIBLE THINGS EXHIBITED IN COURT.
2. TESTIMONIAL EVIDENCE- THAT WHICH IS SUBMITTED TO THE COURT THROUGH THE
TESTIMONY OR DEPOSITION OF A WITNESS. IT IS THAT WHICH DIRECTLY COMES OUT
OF THE WITNESS’S MOUTH, ORAL OR WRITTEN, SUCH AS DEPOSITIONS AND
AFFIDAVITS.
3. RELEVANT EVIDENCE- EVIDENCE HAVING ANY VALUE IN REASON AS TENDING TO
PROVE ANY MATTER PROVABLE IN AN ACTION.
4. MATERIAL EVIDENCE- EVIDENCE DIRECTED TO PROVE A FACT IN ISSUE AS DETERMINED
BY THE RULES OF SUBSTANTIVE LAW AND PLEADING.
5. COMPETENT EVIDENCE- EVIDENCE THAT IS NOT EXCLUDED BY THE RULES, STATUTE OR
THE CONSTITUTION.
6. DIRECT EVIDENCE- THAT WHICH PROVES THE FACT IN DISPUTE WITHOUT THE AID OF
ANY INFERENCE OR PRESUMPTION.
7. CIRCUMSTANTIAL EVIDENCE- THE PROOF OF FACT OR FACTS FROM WHICH, TAKEN
EITHER SINGLY OR COLLECTIVELY, THE EXISTENCE OF THE PARTICULAR FACT IN
DISPUTE MAY BE INFERRED AS A NECESSARY OR PROVABLE CONSEQUENCE.
8. CUMULATIVE EVIDENCE- EVIDENCE OF THE SAME KIND AND TO THE SAME STATE OF
FACTS.
9. CORROBORATIVE EVIDENCE- ADDITIONAL EVIDENCE OF A DIFFERENT CHARACTER TO
THE SAME POINT.
10. EXPERT EVIDENCE- THE TESTIMONY OF ONE POSSESSING IN REGARD TO A PARTICULAR
SUBJECT OR DEPARTMENT OF HUMAN ACTIVITY, KNOWLEDGE NOT USUALLY
ACQUIRED BY OTHER PERSONS.
11. PRIMA FACIE EVIDENCE- THAT WHICH STANDING ALONE, UNEXPLAINED OR
UNCONTRADICTED, IS SUFFICIENT TO MAINTAIN THE PROPOSITION AFFIRMED.
12. PRIMARY EVIDENCE- THAT WHICH THE LAW REGARDS AS AFFORDING THE GREATEST
CERTAINTY OF THE FACT IN QUESTION
13. SECONDARY EVIDENCE OR SUBSTITUTIONARY EVIDENCE- THAT WHICH IS INFERIOR TO
THE PRIMARY EVIDENCE AND IS PERMITTED ONLY WHEN THE BEST EVIDENCE IS NOT
AVAILABLE.
14. POSITIVE EVIDENCE- WHEN A WITNESS AFFIRMS THAT A FACT DID OR DID NOT OCCUR.
15. NEGATIVE EVIDENCE- WHEN A WITNESS STATES HE DID NOT SEE OR KNOW OF THE
OCCURRENCE OF A FACT.
16. DOCUMENTARY EVIDENCE- IT CONSISTS OF WRITINGS OR ANY MATERIAL CONTAINING
LETTERS, WORDS, NUMBERS, FIGURES, SYMBOLS OR OTHER MODES OF WRITTEN
EXPRESSIONS OFFERED AS PROOF OF THEIR CONTENTS.
17. ELECTRONIC EVIDENCE- DOCUMENT OR INFORMATION RECEIVED, RECORDED,
TRANSMITTED, STORED, PROCESSED OR PRODUCED ELECTRONICALLY.
18. FORGOTTEN EVIDENCE- EVIDENCE WHICH WAS NOT PRESENTED IN COURT BECAUSE OF
OVERSIGHT OR FORGETFULNESS OF A PARTY OR COUNSEL.
19. EXCULPATORY EVIDENCE- THAT EVIDENCE WHICH WILL EXCUSE A PERSON FROM AN
ALLEGED FAULT OR CRIME.
20. EVIDENCE ALIUNDE OR EXTRANEOUS EVIDENCE- EVIDENCE FROM OUTSIDE OR ANOTHER
SOURCE.
21. INCULPATORY EVIDENCE- IS EVIDENCE WHICH HAS THE TENDENCY TO IMPLICATE OR
INCRIMINATE A PERSON.
22. SELF-SERVING EVIDENCE- ONE MADE BY THE PARTY TO FAVOR HIS OWN INTEREST. IT IS
ONE MADE BY A PARTY OUT OF COURT.
23. OPINION EVIDENCE – EVIDENCE GIVEN BY AN ORDINARY PERSON REGARDING OF WHAT
HE THINKS.
24. REBUTTAL EVIDENCE- EVIDENCE THAT WILL CONTRADICT THE OTHER PARTY’S
EVIDENCE
SEC. 2.SCOPE. — THE RULES OF EVIDENCE SHALL BE THE SAME IN ALL COURTS AND IN ALL TRIALS AND
HEARINGS, EXCEPT AS OTHERWISE PROVIDED BY LAW OR THESE RULES.
SEC. 4.RELEVANCY; COLLATERAL MATTERS. — EVIDENCE MUST HAVE SUCH A RELATION TO THE
COLLATERAL MATTERS- ARE FACTS AND CIRCUMSTANCES OTHER THEN THE FACTS IN ISSUE
WHICH ARE BEING OFFERED IN EVIDENCE AS BASES FOR INFERENCE AS TO THE EXISTENCE OR
NON-EXISTENCE OF A FACT IN ISSUE.
RULE 129
SECTION 1.JUDICIAL NOTICE, WHEN MANDATORY. — A COURT SHALL TAKE JUDICIAL NOTICE, WITHOUT
THE INTRODUCTION OF EVIDENCE, OF:
THE EXISTENCE AND TERRITORIAL EXTENT OF STATES,
THEIR POLITICAL HISTORY,
FORMS OF GOVERNMENT AND SYMBOLS OF NATIONALITY,
THE LAW OF NATIONS,
THE ADMIRALTY AND MARITIME COURTS OF THE WORLD AND THEIR SEALS,
THE POLITICAL CONSTITUTION AND HISTORY OF THE PHILIPPINES,
THE OFFICIAL ACTS OF LEGISLATIVE, EXECUTIVE AND JUDICIAL DEPARTMENTS OF THE
PHILIPPINES, THE LAWS OF NATURE,
THE MEASURE OF TIME, AND
THE GEOGRAPHICAL DIVISIONS.
JUDICIAL NOTICE- THE COGNIZANCE OF CERTAIN FACTS WHICH JUDGES MAY PROPERLY TAKE ACT
ON WITHOUT PROOF BECAUSE THEY ALREADY KNOW THEM.
SEC. 2.JUDICIAL NOTICE, WHEN DISCRETIONARY. — A COURT MAY TAKE JUDICIAL NOTICE OF
MATTERS WHICH ARE:
1. OF PUBLIC KNOWLEDGE, OR
2. ARE CAPABLE TO UNQUESTIONABLE DEMONSTRATION, OR
3. OUGHT TO BE KNOWN TO JUDGES BECAUSE OF THEIR JUDICIAL FUNCTIONS.
SEC. 3.JUDICIAL NOTICE, WHEN HEARING NECESSARY. — DURING THE TRIAL, THE COURT, ON ITS
OWN INITIATIVE, OR ON REQUEST OF A PARTY, MAY ANNOUNCE ITS INTENTION TO TAKE
JUDICIAL NOTICE OF ANY MATTER AND ALLOW THE PARTIES TO BE HEARD THEREON.
AFTER THE TRIAL, AND BEFORE JUDGMENT OR ON APPEAL, THE PROPER COURT, ON ITS OWN
INITIATIVE OR ON REQUEST OF A PARTY, MAY TAKE JUDICIAL NOTICE OF ANY MATTER AND
ALLOW THE PARTIES TO BE HEARD THEREON IF SUCH MATTER IS DECISIVE OF A MATERIAL
ISSUE IN THE CASE. (N)
SEC. 4.JUDICIAL ADMISSIONS. — AN ADMISSION, VERBAL OR WRITTEN, MADE BY THE PARTY IN THE
COURSE OF THE PROCEEDINGS IN THE SAME CASE, DOES NOT REQUIRE PROOF. THE ADMISSION
MAY BE CONTRADICTED ONLY BY:
SHOWING THAT IT WAS MADE THROUGH PALPABLE MISTAKE OR
THAT NO SUCH ADMISSION WAS MADE.
RULE 130
RULES OF ADMISSIBILITY
SECTION 1.OBJECT AS EVIDENCE. — OBJECTS AS EVIDENCE ARE THOSE ADDRESSED TO THE SENSES
OF THE COURT. WHEN AN OBJECT IS RELEVANT TO THE FACT IN ISSUE, IT MAY BE EXHIBITED
TO, EXAMINED OR VIEWED BY THE COURT.
OBJECT EVIDENCE (REAL EVIDENCE/AUTOPTIC EVIDENCE) IS TANGIBLE THING
SUBMITTED TO THE COURT FOR INSPECTION, EXHIBITION OR DEMONSTRATION.
SEC. 3.ORIGINAL DOCUMENT MUST BE PRODUCED; EXCEPTIONS. — WHEN THE SUBJECT OF INQUIRY IS
THE CONTENTS OF A DOCUMENT, NO EVIDENCE SHALL BE ADMISSIBLE OTHER THAN THE
ORIGINAL DOCUMENT ITSELF, EXCEPT IN THE FOLLOWING CASES:
a. WHEN THE ORIGINAL HAS BEEN LOST OR DESTROYED, OR CANNOT BE PRODUCED IN
COURT, WITHOUT BAD FAITH ON THE PART OF THE OFFEROR;
b. WHEN THE ORIGINAL IS IN THE CUSTODY OR UNDER THE CO NTROL OF THE PARTY
AGAINST WHOM THE EVIDENCE IS OFFERED, AND THE LATTER FAILS TO PRODUCE IT
AFTER REASONABLE NOTICE;
c. WHEN THE ORIGINAL CONSISTS OF NUMEROUS ACCOUNTS OR OTHER DOCUMENTS
WHICH CANNOT BE EXAMINED IN COURT WITHOUT GREAT LOSS OF TIME AND THE FAC T
SOUGHT TO BE ESTABLISHED FROM THEM IS ONLY THE GENERAL RESULT OF THE
WHOLE; AND
d. WHEN THE ORIGINAL IS A PUBLIC RECORD IN THE CUSTODY OF A PUBLIC OFFICER OR IS
RECORDED IN A PUBLIC OFFICE
SECONDARY EVIDENCE
SEC. 5.WHEN ORIGINAL DOCUMENT IS UNAVAILABLE. — WHEN THE ORIGINAL DOCUMENT HAS BEEN
LOST OR DESTROYED, OR CANNOT BE PRODUCED IN COURT, THE OFFEROR, UPON PROOF OF ITS
EXECUTION OR EXISTENCE AND THE CAUSE OF ITS UNAVAILABILITY WITHOUT BAD FAITH ON
HIS PART, MAY PROVE ITS CONTENTS BY:
A COPY(ANY MACHINE COPY), OR
BY A RECITAL OF ITS CONTENTS IN SOME AUTHENTIC DOCUMENT, OR
BY THE TESTIMONY OF WITNESSES IN THE ORDER STATED.
SEC. 7. EVIDENCE ADMISSIBLE WHEN ORIGINAL DOCUMENT IS A PUBLIC RECORD . — WHEN THE
ORIGINAL OF DOCUMENT IS IN THE CUSTODY OF PUBLIC OFFICER OR IS RE CORDED IN A PUBLIC
OFFICE, ITS CONTENTS MAY BE PROVED BY A CERTIFIED COPY ISSUED BY THE PUBLIC OFFICER
IN CUSTODY THEREOF.
SEC. 8.PARTY WHO CALLS FOR DOCUMENT NOT BOUND TO OFFER IT . — A PARTY WHO CALLS FOR THE
PRODUCTION OF A DOCUMENT AND INSPECTS THE SAME IS NOT OBLIGED TO OFFER IT AS
EVIDENCE.
PAROL EVIDENCE RULE
SEC. 9.EVIDENCE OF WRITTEN AGREEMENTS. — WHEN THE TERMS OF AN AGREEMENT HAVE BEEN
REDUCED TO WRITING, IT IS CONSIDERED AS CONTAINING ALL THE TERMS AGREED UPON AND
THERE CAN BE, BETWEEN THE PARTIES AND THEIR SUCCESSORS IN INTEREST, NO EVIDENCE OF
SUCH TERMS OTHER THAN THE CONTENTS OF THE WRITTEN AGREEMENT.
HOWEVER, A PARTY MAY PRESENT EVIDENCE TO MODIFY, EXPLAIN OR ADD TO THE TERMS OF
WRITTEN AGREEMENT IF HE PUTS IN ISSUE IN HIS PLEADING:
a. AN INTRINSIC AMBIGUITY, MISTAKE OR IMPERFECTION IN THE WRITTEN AGREEMENT;
b. THE FAILURE OF THE WRITTEN AGREEMENT TO EXPRESS THE TRUE INTENT AND
AGREEMENT OF THE PARTIES THERETO;
c. THE VALIDITY OF THE WRITTEN AGREEMENT; OR
d. THE EXISTENCE OF OTHER TERMS AGREED TO BY THE PARTIES OR THEIR SUCCESSORS
IN INTEREST AFTER THE EXECUTION OF THE WRITTEN AGREEMENT.
QUALIFICATION OF WITNESSES
QUALIFICATION OF A WITNESS:
ALL PERSONS WHO CAN PERCEIVE AND PERCEIVING, AND
CAN MAKE KNOWN THEIR PERCEPTION TO OTHERS MAY BE WITNESSES.
TYPES OF WITNESSES:
BIASED WITNESS- ON WHO BECAUSE OF HIS RELATION TO THE CAUSE OR TO THE PARTIES IS
SUCH THAT HE HAS AN INCENTIVE TO EXAGGERATE OR GIVE FALSE COLOR TO HIS
STATEMENTS, OR TO SUPPRESS OR PERVERT THE TRUTH, OR TO STATE WHAT IS FALSE.
COMPETENT WITNESS- ONE WHO IS NOT LEGALLY DISQUALIFIED FROM TESTIFYING IN
COURTS OF JUSTICE, BY REASON OF MENTAL INCAPACITY, INTERESTS OR THE COMMISSION
OF CRIMES, OR OTHER CAUSE RENDERING HIM EXCLUDED FROM TESTIFYING.
DISHONEST WITNESS- A WITNESS WHO PROFESSES TO REMEMBER THINGS UPON WHICH HE
CANNOT BE READILY BE CONTRADICTED AND WHO DECLARES THAT HE FORGETS THOSE
UPON WHICH HE WOULD BE OPEN TO CONTRADICTION. HE USUALLY TAKES REFUGE
BEHIND THE SHELTER AFFORDED BY THE PHRASE “I DON’T REMEMBER”.
INSTRUMENTAL WITNESSES- A WITNESS WHO ATTESTS TO THE EXECUTION OF A WILL OR
TESTAMENT AND AFFIRMS THE FORMALITIES ATTENDANT TO SAID EXEC UTION.
CREDIBLE WITNESS- ONE WHOSE TESTIMONY IS WORTH OF CREDIT AND BELIEF. ONE WHO IS
NOT DISQUALIFIED TO TESTIFY BY MENTAL INCAPACITY, CRIME OR OTHER CAUSES.
COMPETENT WITNESS- ONE WHO HAS ALL THE QUALIFICATIONS TO TESTIFY. THUS HE CAN
PERCEIVE AND CAN MAKE KNOWN HIS PERCEPTION TO OTHERS REGARDLESS OF POLITICAL
OR RELIGIOUS BELIEF OR INTEREST AND CONVICTION OF A CRIME.
DEAF AND MUTES ARE COMPETENT WITNESSES WHEN: THEY CAN UNDERSTAND THE NATURE OF AN
OATH, CAN COMPREHEND FACTS THEY ARE GOING TO TESTIFY ON, AND CAN COMMUNICATE
THEIR IDEAS THROUGH QUALIFIED INTERPRETER.
A MENTAL RETARDATE IS STILL QUALIFIED WITNESS IF HE CAN MAKE KNOWN HIS PERCEPTIONS
TO OTHERS.
THE TWO TESTS TO DETERMINE THE INSANITY OF A PERSON ARE:
TEST OF COGNITION- WHEN THE ACCUSED COMMITTED THE CRIME WHILE UNDER COMPLETE
DEPRIVATION OF INTELLIGENCE. WE FOLLOW THIS RULE IN DETERMINING INSANITY.
TEST OF VOLITION- WHEN THE ACCUSED COMMITTED THE CRIME WHILE THERE IS TOTAL
DEPRIVATION OF THE FREEDOM OF WILL.
SEC. 25.PARENTAL AND FILIAL PRIVILEGE. — NO PERSON MAY BE COMPELLED TO TESTIFY AGAINST
HIS PARENTS, OTHER DIRECT ASCENDANTS, CHILDREN OR OTHER DIRECT DESCE NDANTS.
ALTERI NOCERE NON DEBET RULE, WHICH MEANS “THINGS DONE BETWEEN STRANGERS SHOULD
NOT INJURE THOSE WHO ARE NOT PARTIES TO THEM.”
SEC. 31.ADMISSION BY PRIVIES. — WHERE ONE DERIVES TITLE TO PROPERTY FROM ANOTHER, THE
ACT, DECLARATION, OR OMISSION OF THE LATTER, WHILE HOLDING THE TITLE, IN RELATION TO
THE PROPERTY, IS EVIDENCE AGAINST THE FORMER.
REQUISITES OF CONFESSION:
1. CONFESSION MUST BE EXPRESS AND CATEGORICAL;
2. CONFESSION MUST BE INTELLIGENT;
3. CONFESSION MUST BE VOLUNTARILY GIVEN;
4. THERE MUST BE NO VIOLATION OF ARTICLE III SEC. 12 OF THE CONSTITUTION.
SEC. 34.SIMILAR ACTS AS EVIDENCE. — EVIDENCE THAT ONE DID OR DID NOT DO A CERTAIN THING
AT ONE TIME IS NOT ADMISSIBLE TO PROVE THAT HE DID OR DID NOT DO THE SAME OR SIMILAR
THING AT ANOTHER TIME; BUT IT MAY BE RECEIVED TO PROVE A SPECIFIC INTENT OR
KNOWLEDGE; IDENTITY, PLAN, SYSTEM, SCHEME, HABIT, CUSTOM OR USAGE, AND THE LIKE. (RES
INTER ALIOS ACT ALTERI NOCERI NON DEBET -PART II)
TESTIMONIAL KNOWLEDGE
SEC. 43.ENTRIES IN THE COURSE OF BUSINESS. — ENTRIES MADE AT, OR NEAR THE TIME OF
TRANSACTIONS TO WHICH THEY REFER, BY A PERSON DECEASED, OR UNABLE TO TESTIFY, WHO
WAS IN A POSITION TO KNOW THE FACTS THEREIN STATED, MAY BE RECEIVED AS PRIMA FACIE
EVIDENCE, IF SUCH PERSON MADE THE ENTRIES IN HIS PROFESSIONAL CAPACITY OR IN THE
PERFORMANCE OF DUTY AND IN THE ORDINARY OR REGULAR COURSE OF BUSINESS OR DUTY.
SEC. 45.COMMERCIAL LISTS AND THE LIKE. — EVIDENCE OF STATEMENTS OF MATTERS OF INTEREST
TO PERSONS ENGAGED IN AN OCCUPATION CONTAINED IN A LIST, REGISTER, PERIODICAL, OR
OTHER PUBLISHED COMPILATION IS ADMISSIBLE AS TENDING TO PROVE THE TRUTH O F ANY
RELEVANT MATTER SO STATED IF THAT COMPILATION IS PUBLISHED FOR USE BY PERSONS
ENGAGED IN THAT OCCUPATION AND IS GENERALLY USED AND RELIED UPON BY THEM
THEREIN.
PARTS OF THE RES GESTAE - THESE ARE STATEMENTS MADE BY A PERSON WHILE A STARTLING
OCCURRENCE IS TAKING PLACE OR IMMEDIATELY PRIOR OR SUBSEQUENT THERETO WITH
RESPECT TO THE CIRCUMSTANCES THEREOF, MAY BE GIVEN IN EVIDENCE. SO ALSO A
STATEMENT ACCOMPANYING AN EQUIVOCAL ACT MATERIAL TO THE ISSUE AND GIVING IT LEGAL
SIGNIFICANCE MAY BE RECEIVED AS PART OF THE RES GESTAE.
ENTRIES IN THE COURSE OF BUSINESS REQUISITES (BUSINESS ENTRIES RULE OR SHOP BOOK RULE)
1. THE PERSON MADE AN ENTRY;
2. THAT PERSON IS EITHER DEAD OR UNABLE TO TESTIFY
3. THE ENTRIES WERE MADE AT OR NEAR THE TIME OF THE TRANSACTION
4. THE ENTRANT WAS IN A POSITION TO KNOW THE FACTS STATED THEREIN
5. THE ENTRIES WERE MADE IN HIS PROFESSIONAL CAPACITY OR PERFORMANCE OF
LEGAL, MORAL OR RELIGIOUS DUTIES.
OPINION RULE
SEC. 48.GENERAL RULE. — THE OPINION OF WITNESS IS NOT ADMISSIBLE, EXCEPT AS INDICATED
IN THE FOLLOWING SECTIONS.
SEC. 50.OPINION OF ORDINARY WITNESSES. — THE OPINION OF A WITNESS FOR WHICH PROPER
BASIS IS GIVEN, MAY BE RECEIVED IN EVIDENCE REGARDING —
a. THE IDENTITY OF A PERSON ABOUT WHOM HE HAS ADEQUATE KNOWLEDGE;
b. A HANDWRITING WITH WHICH HE HAS SUFFICIENT FAMILIARITY; AND
c. THE MENTAL SANITY OF A PERSON WITH WHOM HE IS SUFFICIENTLY ACQUAINTED.
THE WITNESS MAY ALSO TESTIFY ON HIS IMPRESSIONS OF THE EMOTION, BEHAVIOR, CONDITION
OR APPEARANCE OF A PERSON.
CHARACTER EVIDENCE
IN CRIMINAL CASES:
1. THE ACCUSED MAY PROVE HIS GOOD MORAL CHARACTER WHICH IS PERTINENT TO THE
MORAL TRAIT INVOLVED IN THE OFFENSE CHARGED.
2. UNLESS IN REBUTTAL, THE PROSECUTION MAY NOT PROVE HIS BAD MORAL CHARACTER
WHICH IS PERTINENT TO THE MORAL TRAIT INVOLVED IN THE OFFENSE CHARGED.
3. THE GOOD OR BAD MORAL CHARACTER OF THE OFFENDED PARTY MAY BE PROVED IF IT
TENDS TO ESTABLISH IN ANY REASONABLE DEGREE THE PROBABILITY OR
IMPROBABILITY OF THE OFFENSE CHARGED.
PREPONDERANCE OF EVIDENCE- IT MEANS THAT THE TESTIMONY ADDUCED BY ONE SIDE IS MORE
CREDIBLE AND CONCLUSIVE THAN THAT OF THE OTHER, OR THE EVIDENCE AS A WHOLE,
ADDUCED BY ONE SIDE IS SUPERIOR TO THE OTHER. IT IS NOT MEANT THE MERE NUMERICAL
CLEAR AND CONVINCING EVIDENCE- IS EVIDENCE MORE THAN PREPONDERANCE OF EVIDENCE BUT
LESS THAN PROOF BEYOND REASONABLE DOUBT. IT IS THE QUANTUM REQUIRED TO PROVE
INSANITY, PATERNITY OR FILIATION, SELF-DEFENSE AMONG OTHERS.
EXAMINATION OF WITNESSES
THIS IS THE RIGHT OF THE PERSON AGAINST SELF INCRIMINATION. BUT IT IS NOT SELF
EXECUTING OR AUTOMATICALLY OPERATIONAL. IT MUST BE CLAIMED. OTHERWISE IT IS
CONSIDERED WAIVED, AS BY FAILURE TO CLAIM IT AT THE APPROPRIATE TIME. HENCE, THE
ACCUSED MUST ACTIVELY INVOKE IT. THE PROPER TIME TO INVOKE IT IS WHEN A QUESTION
CALLING FOR INCRIMINATING ANSWER IS ASKED. NOTE ALSO THAT IT APPLIES TO TESTIMONIAL
COMPULSION ONLY.
(5)NOT TO GIVE AN ANSWER WHICH WILL TEND TO DEGRADE HIS REPUTATION, UNLESS IT TO BE THE
VERY FACT AT ISSUE OR TO A FACT FROM WHICH THE FACT IN ISSUE WOULD BE PRESUMED. BUT A
WITNESS MUST ANSWER TO THE FACT OF HIS PREVIOUS FINAL CONVICTION FOR AN OFFENSE.
SEC. 4.ORDER IN THE EXAMINATION OF AN INDIVIDUAL WITNESS. — THE ORDER IN WHICH THE
INDIVIDUAL WITNESS MAY BE EXAMINED IS AS FOLLOWS;
a. DIRECT EXAMINATION BY THE PROPONENT; (ALSO KNOWN AS EXAMINATION IN CHIEF)
b. CROSS-EXAMINATION BY THE OPPONENT;
c. RE-DIRECT EXAMINATION BY THE PROPONENT;
d. RE-CROSS-EXAMINATION BY THE OPPONENT.
SEC. 6.CROSS-EXAMINATION; ITS PURPOSE AND EXTENT. — UPON THE TERMINATION OF THE DIRECT
EXAMINATION, THE WITNESS MAY BE CROSS-EXAMINED BY THE ADVERSE PARTY AS TO MANY
MATTERS STATED IN THE DIRECT EXAMINATION, OR CONNECTED THEREWITH, WITH
SUFFICIENT FULLNESS AND FREEDOM TO TEST HIS ACCURACY AND TRUTHFULNESS AND
FREEDOM FROM INTEREST OR BIAS, OR THE REVERSE, AND TO ELICIT ALL IMPORTANT FACTS
BEARING UPON THE ISSUE.
SEC. 7.RE-DIRECT EXAMINATION; ITS PURPOSE AND EXTENT. —AFTER THE CROSS-EXAMINATION OF
THE WITNESS HAS BEEN CONCLUDED, HE MAY BE RE-EXAMINED BY THE PARTY CALLING HIM,
TO EXPLAIN OR SUPPLEMENT HIS ANSWERS GIVEN DURING THE CROSS -EXAMINATION. ON RE-
DIRECT-EXAMINATION, QUESTIONS ON MATTERS NOT DEALT WITH DURING THE CROSS -
EXAMINATION, MAY BE ALLOWED BY THE COURT IN ITS DISCRETION.
SEC. 9.RECALLING WITNESS. — AFTER THE EXAMINATION OF A WITNESS BY BOTH SIDES HAS BEEN
CONCLUDED, THE WITNESS CANNOT BE RECALLED WITHOUT LEAVE OF THE COURT. THE COURT
WILL GRANT OR WITHHOLD LEAVE IN ITS DISCRETION, AS THE INTERESTS OF JUSTICE MAY
REQUIRE.
SEC. 10. LEADING AND MISLEADING QUESTIONS. — A QUESTION WHICH SUGGESTS TO THE WITNESS
THE ANSWER WHICH THE EXAMINING PARTY DESIRES IS A LEADING QUESTION. IT IS NOT
ALLOWED, EXCEPT:
a. ON CROSS EXAMINATION;
b. ON PRELIMINARY MATTERS;
A MISLEADING QUESTIONIS ONE WHICH ASSUMES AS TRUE A FACT NOT YET TESTIFIED TO BY THE
WITNESS, OR CONTRARY TO THAT WHICH HE HAS PREVIOUSLY STATED. IT IS NOT ALLOWED.
SEC. 12. PARTY MAY NOT IMPEACH HIS OWN WITNESS. — EXCEPT WITH RESPECT TO WITNESSES
REFERRED TO IN PARAGRAPHS D (UNWILLING OR HOSTILE WITNESS) AND E (WITNESS WHO IS
ADVERSE PARTY) OF SECTION 10, THE PARTY PRODUCING A WITNESS IS NOT ALLOWED TO
IMPEACH HIS CREDIBILITY.
SEC. 17.WHEN PART OF TRANSACTION, WRITING OR RECORD GIVEN IN EVIDENCE, THE REMAINDER,
ADMISSIBLE. — WHEN PART OF AN ACT, DECLARATION, CONVERSATION, WRITING OR RECORD IS
GIVEN IN EVIDENCE BY ONE PARTY, THE WHOLE OF THE SAME SUBJECT MAY BE INQUIRED INTO
BY THE OTHER, AND WHEN A DETACHED ACT, DECLARATION, CONVERSATION, WRITING OR
RECORD IS GIVEN IN EVIDENCE, ANY OTHER ACT, DECLARATION, CONVERSATION, WRITING OR
RECORD NECESSARY TO ITS UNDERSTANDING MAY ALSO BE GIVEN IN EVIDENCE. (THIS IS KNOWN
AS THE OPEN YOUR DOOR POLICY OR THE COMPLETENESS RULE).
LEADING QUESTIONS - IT IS A QUESTION WHICH SUGGESTS TO THE WITNESS THE ANSWER WHICH
THE EXAMINING PARTY DESIRES TO HEAR. IT IS ONE BY WHICH THE ANSWER OF A WITNESS
MAY BE RATHER AN ECHO TO THE QUESTION THAN A GENUINE RECOLLECTION OF EVENTS. AS A
GENERAL RULE LEADING QUESTIONS ARE NOT ALLOWED.
EXCEPTIONS TO THE RULE THAT LEADING QUESTIONS ARE NOT ALLOWED
(IN THE FOLLOWING CASES LEADING QUESTIONS ARE NOW ALLOWED)
1. ON CROSS EXAMINATION;
2. ON PRELIMINARY MATTERS;
3. WHEN THERE IS DIFFICULTY IN GETTING FROM IGNORANT OR CHILD WITNESS, OR
DEAF MUTE WITNESS A DIRECT AND INTELLIGIBLE ANSWER.
4. UNWILLING OR HOSTILE WITNESS
5. WITNESS WHO IS AN ADVERSE PARTY
MISLEADING QUESTION DEFINED- IT IS ONE WHICH ASSUMES AS TRUE A FACT NOT YET TESTIFIED
TO BY THE WITNESS, OR CONTRARY TO THAT WHICH HE HAS PREVIOUSLY STATED. MISLEADING
QUESTIONS ARE NOT ALLOWED.
SEC. 20. PROOF OF PRIVATE DOCUMENT. — BEFORE ANY PRIVATE DOCUMENT OFFERED AS
AUTHENTIC IS RECEIVED IN EVIDENCE, ITS DUE EXECUTION AND AUTHENTICITY MUST BE
PROVED EITHER:
a. BY ANYONE WHO SAW THE DOCUMENT EXECUTED OR WRITTEN; LIBRARY
b. BY EVIDENCE OF THE GENUINENESS OF THE SIGNATURE OR HANDWRITING OF THE
MAKER.
ANY OTHER PRIVATE DOCUMENT NEED ONLY BE IDENTIFIED AS THAT WHICH IT IS CLAIMED TO
BE.
SEC. 24. PROOF OF OFFICIAL RECORD. — THE RECORD OF PUBLIC DOCUMENTS REFERRED TO IN
PARAGRAPH (A) OF SECTION 19, WHEN ADMISSIBLE FOR ANY PURPOSE, MAY BE EVIDENCED BY 1.
AN OFFICIAL PUBLICATION THEREOF OR 2. BY A COPY ATTESTED BY THE OFFICER HAVING THE
SEC. 26.IRREMOVABILITY OF PUBLIC RECORD. — ANY PUBLIC RECORD, AN OFFICIAL COPY OF WHICH
IS ADMISSIBLE IN EVIDENCE, MUST NOT BE REMOVED FROM THE OFFICE IN WHICH IT IS KEPT,
EXCEPT UPON ORDER OF A COURT WHERE THE INSPECTION OF THE RECORD IS ESSENTIAL TO
THE JUST DETERMINATION OF A PENDING CASE.
SEC. 29.HOW JUDICIAL RECORD IMPEACHED. — ANY JUDICIAL RECORD MAY BE IMPEACHED BY
EVIDENCE OF: (A) WANT OF JURISDICTION IN THE COURT OR JUDICIAL OFFICER, (B) COLLUSION
BETWEEN THE PARTIES, OR (C) FRAUD IN THE PARTY OFFERING THE RECORD, IN RESPECT TO
THE PROCEEDINGS.
SEC. 32.SEAL. — THERE SHALL BE NO DIFFERENCE BETWEEN SEALED AND UNSEALED PRIVATE
DOCUMENTS INSOFAR AS THEIR ADMISSIBILITY AS EVIDENC E IS CONCERNED.
SEC. 34.OFFER OF EVIDENCE. — THE COURT SHALL CONSIDER NO EVIDENCE WHICH HAS NOT BEEN
FORMALLY OFFERED. THE PURPOSE FOR WHICH THE EVIDENCE IS O FFERED MUST BE
SPECIFIED.
SEC. 35.WHEN TO MAKE OFFER. — AS REGARDS THE TESTIMONY OF A WITNESS, THE OFFER MUST
BE MADE AT THE TIME THE WITNESS IS CALLED TO TESTIFY.
DOCUMENTARY AND OBJECT EVIDENCE SHALL BE OFFERED AFTER THE PRESENTATION OF A PARTY'S
TESTIMONIAL EVIDENCE. SUCH OFFER SHALL BE DONE ORALLY UNLESS ALLOWED BY THE COURT TO BE
DONE IN WRITING.
AN OFFER OF EVIDENCE IN WRITING SHALL BE OBJECTED TO WITHIN THREE (3) DAYS AFTER
NOTICE UNLESS A DIFFERENT PERIOD IS ALLOWED BY THE COURT.
SEC. 38.RULING. — THE RULING OF THE COURT MUST BE GIVEN IMMEDIATELY AFTER THE
OBJECTION IS MADE, UNLESS THE COURT DESIRES TO TAKE A REASONABLE TIME TO INFORM
ITSELF ON THE QUESTION PRESENTED; BUT THE RULING SHALL ALWAYS BE MADE DURING THE
TRIAL AND AT SUCH TIME AS WILL GIVE THE PARTY AGAINST WHOM IT IS MADE AN
OPPORTUNITY TO MEET THE SITUATION PRESENTED BY THE RULING.
THE REASON FOR SUSTAINING OR OVERRULING AN OBJECTION NEED NOT BE STATED. HOWEVER, IF THE
OBJECTION IS BASED ON TWO OR MORE GROUNDS, A RULING SUSTAINING THE OBJECTION ON ONE OR
SOME OF THEM MUST SPECIFY THE GROUND OR GROUNDS RELIED UPON.
SEC. 39.STRIKING OUT ANSWER. — SHOULD A WITNESS ANSWER THE QUESTION BEFORE THE
ADVERSE PARTY HAD THE OPPORTUNITY TO VOICE FULLY ITS OBJECTION TO THE SAM E, AND
SUCH OBJECTION IS FOUND TO BE MERITORIOUS, THE COURT SHALL SUSTAIN THE OBJECTION
AND ORDER THE ANSWER GIVEN TO BE STRICKEN OFF THE RECORD.
ON PROPER MOTION, THE COURT MAY ALSO ORDER THE STRIKING OUT OF ANSWERS WHICH ARE
INCOMPETENT, IRRELEVANT, OR OTHERWISE IMPROPER.
SEC. 2. PROOF BEYOND REASONABLE DOUBT. — IN A CRIMINAL CASE, THE ACCUSED IS ENTITLED TO
AN ACQUITTAL, UNLESS HIS GUILT IS SHOWN BEYOND REASONABLE DOUBT. PROOF BEYOND
REASONABLE DOUBT DOES NOT MEAN SUCH A DEGREE OF PROOF, EXCLUDING POSSIBILITY OF
ERROR, PRODUCES ABSOLUTE CERTAINLY. MORAL CERTAINLY ONLY IS REQUIRED, OR THAT
DEGREE OF PROOF WHICH PRODUCES CONVICTION IN AN UNPREJUDICED MIND.
SEC. 6.POWER OF THE COURT TO STOP FURTHER EVIDENCE. — THE COURT MAY STOP THE
INTRODUCTION OF FURTHER TESTIMONY UPON ANY PARTICULAR POINT WHEN THE EVIDENCE
UPON IT IS ALREADY SO FULL THAT MORE WITNESSES TO THE SAME POINT CANNOT BE
REASONABLY EXPECTED TO BE ADDITIONALLY PERSUASIVE. BUT THIS POWER SHOULD BE
EXERCISED WITH CAUTION.
SEC. 7.EVIDENCE ON MOTION. — WHEN A MOTION IS BASED ON FACTS NOT APPEARING OF RECORD
THE COURT MAY HEAR THE MATTER ON AFFIDAVITS OR DEPOSITION PRESENTED BY THE
RESPECTIVE PARTIES, BUT THE COURT MAY DIRECT THAT THE MATTER BE HEARD WHOLLY OR
PARTLY ON ORAL TESTIMONY OR DEPOSITIONS.
CORPUS DELICTI- CORPUS DELICTI MEANS THAT A CRIME HAS BEEN COMMITTED. IT IS NOT
CORRECT TO SAY THAT CORPUS DELICTI REFERS TO THE BODY OF A MURDERED PERSON.
CREDIBILITY OF WITNESS- REFERS TO THE INTEGRITY, DISPOSITION AND INTENTION TO TELL THE
TRUTH IN THE TESTIMONY HE HAS GIVEN.
AT THE PLACE WHERE THE ACT WAS COMMITTED AT THE TIME OF ITS COMMISSION.
CRIMINAL PROCEDURE - IS THE METHOD PRESCRIBED BY LAW FOR THE APPREHENSION AND
PROSECUTION OF PERSONS ACCUSED OF ANY CRIMINAL OFFENSE, AND FOR THEIR PUNISHMENT,
IN CASE OF CONVICTION.
JURISDICTION - IS THE AUTHORITY TO HEAR AND TRY A PARTICULAR OFFENSE AND IMPOSE THE
PUNISHMENT FOR IT. THE GENERAL RULE IS THAT THE JURISDICTION OF A COURT IS
DETERMINED BY (1) THE GEOGRAPHICAL LIMITS OF THE TERRITORY OVER WHICH IT PRESIDES,
AND (2) THE ACTIONS (CIVIL AND CRIMINAL) IT IS EMPOWERED TO HEAR AND DECIDE.
JURISDICTION IS CONFERRED BY LAW (BP 129, AS AMENDED).
SPECIAL COURTS:
1. THE SANDIGANBAYAN - KNOWN AS THE GRAFT COURT, IT IS A COLLEGIATE SPECIAL
COURT WITH LIMITED JURISDICTION.
2. THE COURT OF TAX APPEALS - KNOWN AS THE TAX COURT, IT IS ALSO A COLLEGIATE
SPECIAL COURT VESTED WITH JURISDICTION TO REVIEW DECISIONS OF THE
COMMISSIONER OF CUSTOMS AND COMMISSIONER OF INTERNAL REVENUE. ITS
DECISIONS ARE APPEALABLE TO THE COURT OF APPEALS.
1. METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS:
a. EXCLUSIVE ORIGINAL JURISDICTION OVER ALL VIOLATIONS OF CITY OR MUNICIPAL
ORDINANCES COMMITTED WITHIN THEIR RESPECTIVE TERRITORIAL JURISDICTION;
b. EXCLUSIVE ORIGINAL JURISDICTION OVER ALL OFFENSES PUNISHABLE WITH
IMPRISONMENT NOT EXCEEDING SIX (6) YEARS IRRESPECTIVE OF THE AMOUNT OF
FINE, AND REGARDLESS OF OTHER IMPOSABLE ACCESSORY OR OTHER PENA LTIES,
INCLUDING THE CIVIL LIABILITY ARISING FROM SUCH OFFENSES OR PREDICATED
4. SUPREME COURT: APPELLATE JURISDICTION OVER CASES DECIDED BY THE COURT OF APPEALS
AND EXCLUSIVE APPELLATE JURISDICTION OVER CASES DECIDED BY THE REGIONAL TRIAL
COURTS WHEN THE PENALTY IMPOSED BY IT IS DEATH (AUTOMATIC REVIEW), RECLUSION
PERPETUA, OR LIFE IMPRISONMENT.
5. SANDIGANBAYAN:
EXCLUSIVE ORIGINAL JURISDICTION IN ALL CASES INVOLVING:
a. VIOLATION OF RA 3019, AS AMENDED, OTHERWISE KNOWN AS THE ANTI -GRAFT AND
CORRUPT PRACTICES ACT, RA 1379 OTHERWISE KNOWN AS FORFEITURE IN FAVOR OF
THE STATE ANY PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY
PUBLIC OFFICER OR EMPLOYEE, AND CHAPTER II, SECTION 2, TITLE VII OF THE
REVISED PENAL CODE.
b. OTHER OFFENSES OR FELONIES COMMITTED BY PUBLIC OFFICERS AND EMPLOYEES IN
RELATION TO THEIR OFFICE, INCLUDING THOSE EMPLOYED IN THE GOVERNMENT -
OWNED OR CONTROLLED CORPORATIONS, WHETHER SIMPLE OR COMPLEXED WITH
OTHER CRIMES, WHERE THE PENALTY PRESCRIBED BY LAW IS HIGHER THAN PRISION
CORRECCCIONAL OR IMPRISONMENT FOR SIX (6) YEARS, OR A FINE OF P6,000.00:
PROVIDED, HOWEVER, THAT OFFENSES OR FELONIES MENTIONED IN THIS
PARAGRAPH WHERE THE PENALTY PRESCRIBED BY LAW DOES NOT EXCEED PRISION
CORRECCIONAL OR IMPRISONMENT FOR SIX (6) YEARS OR A FINE OF P6,000.00 SHALL BE
TRIED BY THE PROPER REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURT,
MUNICIPAL TRIAL COURT AND MUNICIPAL CIRCUIT TRIAL COURT.
c. OFFICIAL OF THE EXECUTIVE BRANCH OCCUPYING THE POSITIONS OF REGIONAL
DIRECTOR AND HIGHER, OTHERWISE CLASSIFIED AS SALARY GRADE 27 AND HIGHER,
SPECIALLY INCLUDING: (1) PROVINCIAL GOVERNOR, VICE GOVERNOR AND MEMBERS
OF THE SP; (2) MAYOR, VICE MAYOR AND MEMBERS OF THE SP/SB; (3) OFFICIAL OF THE
DIPLOMATIC SERVICE OCCUPYING THE POSITION OF THE CONSUL OR HIGHER; (4)
ARMY AND AIR FORCE COLONELS AND NAVY CAPTAINS; (5) PROVINCIAL DIRECTOR OF
THE PNP AND THOSE HOLDING THE RANK OF SENIOR SUPERINTENDENT; (6) CITY AND
PROVINCIAL PROSECUTORS OR FISCALS; (7) PRESIDENT, DIRECTORS, TRUSTEES OR
MANAGERS OF GOVERNMENT-OWNED CORPORATIONS, ETC.
IF THE ACCUSED IS POSSESSING A SALARY GRADE LOWER THAN GRADE 27, THEN HIS CASE SHALL
BE BROUGHT TO THE PROPER REGULAR COURT. HOWEVER, APPEAL OF THE DECISION BY THE
ACCUSED CAN BE FILED WITH THE SANDIGANBAYAN.
JURISDICTION OVER THE SUBJECT MATTER IS DETERMINED BY THE STATUTE IN FORCE AT THE
TIME OF THE COMMENCEMENT OF THE ACTION AND NOT AT THE TIME OF ITS COMMISSION EVEN
IF THE PENALTY THAT MAY BE IMPOSED AT THE TIME OF ITS COMMISSION IS LESS AND DOES NOT
FALL UNDER THE COURT’S JURISDICTION.
2. IT MUST HAVE JURISDICTION OVER THE TERRITORY WHERE THE OFFENSE WAS COMMITTED; IT IS
DETERMINED BY THE ALLEGATIONS IN THE COMPLAINT OR INFORMATION AS TO THE PLACE OF
THE COMMISSION OF CRIME AND THIS DETERMINES, IN THE FIRST INSTANCE, WHETHER SAID
COURT HAS JURISDICTION TO TRY THE CASE.
3. IT MUST HAVE JURISDICTION OVER THE PERSON OF THE ACCUSED. JURISDICTION OVER THE
PERSON OF THE ACCUSED IS ACQUIRED UPON HIS ARREST OR VOLUNTARY APPEARANCE IN
COURT. VOLUNTARY APPEARANCE IN COURT IS ACCOMPLISHED EITHER BY HIS PLEADING TO
THE MERITS (FILING A MOTION TO QUASH, APPEARING FOR ARRAIGNMENT, OR ENTERING
TRIAL) OR BY FILING BAIL.
STAGES IN CRIMINAL ACTION:
1. POLICE INVESTIGATION
2. PRELIMINARY INVESTIGATION
3. ARRAIGNMENT
4. PRE-TRIAL
5. TRIAL
6. JUDGMENT
7. NEW TRIAL OR RECONSIDERATION
8. APPEAL
ARRAIGNMENT - IS THE FIRST STAGE IN A CRIMINAL ACTION PROPER. IT SHALL BE HELD WITHIN
THIRTY (30) DAYS FROM THE DATE THE COURT ACQUIRES JURISDICTION OVER THE PERSON OF
THE ACCUSED OR AFTER THE ACCUSED HAS BEEN ARRESTED. IN CASE THE ACCUSED IS
DETAINED (BECAUSE HE CANNOT AFFORD BAIL OR HIS OFFENSE IS NON-BAILABLE), HIS CASE IS
GIVEN PREFERENCE IN THE SCHEDULING OF THE ARRAIGNMENT WHICH SHALL BE HELD
WITHIN TEN (10) DAYS FROM THE DATE OF THE RAFFLE, PRE-TRIAL WHICH SHALL BE HELD
WITHIN TEN (10) DAYS AFTER ARRAIGNMENT AND TRIAL WHICH SHALL COMMENCE WITHIN 30
DAYS FROM RECEIPT OF THE PRE-TRIAL ORDER.
TRIAL - FOLLOWS MORE OR LESS THE SAME PATTERN AS IN CIVIL ACTIONS. THE PROSECUTION
COMMENCES THE PRESENTATION OF EVIDENCE, THE ACCUSED FOLLOWS, AND THE PROSECUTION
MAY PRESENT REBUTTAL EVIDENCE AND THE ACCUSED SUR-REBUTTAL EVIDENCE. THE
PARTIES MAY ALSO PRESENT WRITTEN ARGUMENTS OR MEMORANDA AFTER WHICH THE CASE IS
DEEMED SUBMITTED FOR DECISION.
JUDGMENT - SHALL BE RENDERED WITHIN NINETY (90) DAYS AFTER THE CASE IS SUBMITTED FOR
DECISION. UNLIKE IN CIVIL CASE- WHERE THE JUDGMENT IS PROMULGATED BY ITS DELIVERY
BY THE JUDGE TO THE CLERK OF COURT, WHO THEREAFTER SENDS COPIES TO THE PARTIES -
THE JUDGMENT IN CRIMINAL ACTIONS IS PROMULGATED BY READING IT TO THE ACCUSED IN
OPEN COURT. THIS IS DONE ON A DATE AND TIME SCHEDULED BY THE COURT OF WHICH THE
ACCUSED SHALL HAVE REASONABLE NOTICE.
WHO MUST PROSECUTE CRIMINAL ACTIONS? - ALL CRIMINAL ACTIONS MUST BE PROSECUTED BY THE
PROSECUTOR, AND IN CASE THE COMPLAINANT HIRED A PRIVATE LAWYER TO PROSECUTE THE
CASE, HE CAN BE UNDER THE STRICT SUPERVISION OF THE GOVERNMENT PROSECUTOR.
THE CRIMES OF ADULTERY AND CONCUBINAGE SHALL NOT BE PROSECUTED EXCEPT UPON A
COMPLAINT FILED BY THE OFFENDED SPOUSE AND THAT BOTH GUILTY PARTIES MUST BE
INCLUDED IN THE CHARGE IF THEY ARE BOTH ALIVE.
THE COMPLAINT OR INFORMATION MUST CHARGE BUT ONE OFFENSE EXCEPT IN COMPLEX
CRIMES.
VENUE OF (A) COMPLEX CRIMES; (B) CONTINUING CRIMES; AND (C) CRIME COMMENCED AND
CONSUMMATED IN ONE PROVINCE AND CONTINUED IN ANOTHER:
1. THE VENUE OF COMPLEX CRIMES IS THE MUNICIPALITY OR TERRITORY WHERE THE
OFFENSE WAS COMMITTED OR ANY OF THE ESSENTIAL INGREDIENTS THEREOF TOOK
PLACE.
2. THE VENUE OF CONTINUING CRIMES IS THE MUNICIPALITY OR TERRITORY WHERE
SOME OF THE ACTS MATERIAL AND ESSENTIAL TO THE CRIMES AND REQUISITE TO
THEIR CONSUMMATION OCCUR IN ONE PROVINCE AND SOME IN ANOTHER, IN OTHER
WORDS, IN ANY ONE OF SEVERAL PLACES.
3. IN CRIMES COMMENCED IN ONE PROVINCE AND CONSUMMATED IN ANOTHER, THE
VENUE IS IN EITHER PROVINCE.
PROSECUTION OF CIVIL ACTION FOR THE RECOVERY OF CIVIL LIABILITY – IS, AS A RULE, IMPLIEDLY
INSTITUTED WITH THE CRIMINAL ACTION EXCEPT WHEN THERE IS (A) WAIVER OF CIVIL ACTION;
(B) RESERVATION OF RIGHT TO FILE SEPARATE CIVIL ACTION; AND (C) PRIOR FILING OF SEPARATE
CIVIL ACTION.
IF THE COMPLAINANT RESERVED HIS RIGHT TO INSTITUTE CIVIL ACTION SEPARATELY, THEN
THE CRIMINAL ACTION SHALL FIRST BE HEARD AND ONLY AFTER IT IS TERMINATED THAT THE
CIVIL ACTION SHALL BE HEARD.
THE EXTINCTION OF CRIMINAL ACTION DOES NOT CARRY WITH IT EXTINCTION OF CIVIL
RESPONSIBILITY EXCEPT WHEN THE EXTINCTION PROCEEDS FROM A DECLARATION IN A FINAL
JUDGMENT THAT THE FACT FROM WHICH THE CIVIL ACTION MIGHT ARISE DID NOT EXIST.
LIKEWISE, ABSOLVING THE ACCUSED FROM CIVIL LIABILITY DOES NOT BAR CRIMINAL
PROSECUTION.
WHEN WARRANT OF ARREST MAY ISSUE: WITHIN 10 DAYS FROM THE FILING OF THE COMPLAINT
OR INFORMATION, THE JUDGE SHALL PERSONALLY EVALUATE THE RESO LUTION OF THE
PROSECUTOR AND ITS SUPPORTING EVIDENCE AND IF HE FINDS PROBABLE CAUSE, HE SHALL
ISSUE A WARRANT OF ARREST, OR A COMMITMENT ORDER IF THE ACCUSED HAS ALREADY BEEN
WHEN WARRANT OF ARREST NOT NECESSARY: A WARRANT OF ARREST SHALL NOT ISSUE IF THE
ACCUSED IS ALREADY UNDER DETENTION PURSUANT TO A WARRANTLESS ARREST OR IS FOR AN
OFFENSE PENALIZED BY FINE ONLY.
ARREST - IS DEFINED AS THE TAKING OF A PERSON INTO CUSTODY IN ORDER THAT HE MAY BE
BOUND TO ANSWER FOR THE COMMISSION OF AN OFFENSE.
WHEN AND HOW IS ARREST EFFECTED: IT IS EFFECTED OR MADE ON ANY DAY AND AT ANY TIME
OF THE DAY OR NIGHT BY AN ACTUAL RESTRAINT OF THE PERSON TO BE ARRESTED, OR BY HIS
SUBMISSION TO THE CUSTODY OF THE PERSON MAKING THE ARREST.
BAIL - IS DEFINED AS THE SECURITY GIVEN FOR THE RELEASE OF A PERSON IN CUSTODY OF THE
LAW, FURNISHED BY HIM OR A BONDSMAN, TO GUARANTEE HIS APPEARANCE BEFORE ANY
COURT. (SEC 13, 1987 PHILIPPINE CONSTITUTION)
WHEN BAIL MAY BE CANCELLED OR DENIED: IF THE PENALTY IMPOSED BY THE TRIAL COURT IS
IMPRISONMENT EXCEEDING 6 YEARS BUT NOT MORE THAN 20 YEARS, THE ACCUSED SHALL BE
DENIED BAIL OR HIS BAIL CANCELLED UPON SHOWING BY THE PROSECUTION, WITH NOTICE TO
THE ACCUSED, OF THE FOLLOWING OR OTHER CIRCUMSTANCES:
1. THE ACCUSED IS A RECIDIVIST, QUASI-RECIDIVIST, OR HABITUAL DELINQUENT, OR
HAS COMMITTED THE CRIME AGGRAVATED BY THE CIRCUMSTANCE OF REITERATION;
2. HE HAS PREVIOUSLY ESCAPED FROM LEGAL CONFINEMENT, EVADED SENTENCE, OR
VIOLATED THE CONDITIONS OF HIS BAIL WITHOUT VALID JUSTIFICATION;
3. HE COMMITTED THE OFFENSE WHILE UNDER PROBATION, PAROLE, OR CONDITIONAL
PARDON;
4. THE CIRCUMSTANCES OF HIS CASE INDICATE THE PROBABILITY OF FLIGHT IF
RELEASED ON BAIL;
5. THERE IS UNDUE RISK THAT HE MAY COMMIT ANOTHER CRIME DURING THE
PENDENCY OF THE APPEAL.
CAPITAL OFFENSE - IS DEFINED AS AN OFFENSE WHICH, UNDER THE LAW EXISTING AT THE TIME
OF ITS COMMISSION AND OF THE APPLICATION FOR ADMISSION TO BAIL, MAY BE PUNISHED WITH
DEATH.
WHEN BAIL IS NOT REQUIRED (RA 6036): BAIL SHALL NOT BE REQUIRED IN CASES OF VIOLATION OF
MUNICIPAL OR CITY ORDINANCES AND IN CRIMINAL OFFENSES WHEN THE PRESCRIBED
PENALTY FOR SUCH OFFENSES IS NOT HIGHER THAN ARRESTO MAYOR AND/OR A FINE OF TWO
THOUSAND PESOS OR BOTH EXCEPT WHEN THE ACCUSED:
1. IS CAUGHT COMMITTING THE OFFENSE IN FLAGRANTE;
2. CONFESSED OF THE COMMISSION OF THE OFFENSE;
3. HAS PREVIOUSLY ESCAPED FROM LEGAL CONFINEMENT;
4. HAS VIOLATED HIS UNDERTAKING TO REPORT TO THE CLERK OF COURT;
5. IS RECIDIVIST OR HABITUAL DELINQUENT;
6. COMMITS OFFENSE WHILE ON PAROLE OR UNDER CONDITIONAL PARDON;
7. HAS PREVIOUSLY BEEN PARDONED BY THE MAYOR FOR VIOLATION OF ORDINANCE FOR
AT LEAST TWO TIMES.
ARRAIGNMENT– CONSISTS OF: (1) A READING IN OPEN COURT BY THE JUDGE OR CLERK OF COURT
OF THE COMPLAINT OR INFORMATION IN THE LANGUAGE OR DIALECT KNOWN TO THE ACCUSED;
(2) ASKING THE ACCUSED WHETHER HE PLEADS GUILTY OR NOT GUILTY; AND(3) FURNISHING
THE ACCUSED A COPY OF THE COMPLAINT OR INFORMATION WITH THE LIST OF WITNESSES.
MOTION TO QUASH – IS A MOTION FILED WITH THE TRIAL COURT BEFORE ARRAIGNMENT OR WITH
THE PROSECUTOR DURING PRELIMINARY INVESTIGATION. THE GRANTING OF A MOTION TO
QUASH, EXCEPT ON GROUNDS OF PRESCRIPTION AND DOUBLE JEOPARDY, MAY RESULT IN THE
COURT ORDERING THE AMENDMENT OF THE COMPLAINT OR INFORMATION, OR THE DISMISSAL
OF THE CASE AND THE FILING OF A NEW ONE, OR IF NEW INFORMATION IS FILED WITHIN THE
SPECIFIED PERIOD, THE DISCHARGE OF THE ACCUSED FROM CUSTODY IF DETAINED.
PROVISIONAL DISMISSAL OF CRIMINAL CASE: SHALL BE ORDERED BY THE COURT ONLY WHEN
THERE IS EXPRESS CONSENT OF THE ACCUSED AND WITH NOTICE TO THE OFFENDED PARTY.
INSTANCE: WHEN THE PROSECUTION FAILS TO PRESENT ITS EVIDENCE.
STAGES OF PRE-TRIAL:
1. PRELIMINARY CONFERENCE – IS A PROCEEDING CONDUCTED BY THE CLERK OF COURT
WHICH CONSISTS, AMONG OTHERS, MARKING OF EXHIBITS, NUMBER AND NAMES OF
WITNESSES TO BE PRESENTED AND ASKING THE PARTIES WHETHER THERE IS
POSSIBILITY OF AMICABLE SETTLEMENT. THEREAFTER, THE CLERK OF COURT SHALL
PREPARE MINUTES OF THE PROCEEDINGS TO BE SIGNED BY THE COUNSE L AND THE
PARTIES AND SUBMITTED TO THE COURT.
2. PRE-TRIAL CONFERENCE – IS CONDUCTED BY THE JUDGE OF THE COURT WHERE THE
CASE HAS BEEN FILED.
SUBJECTS OF PRE-TRIAL CONFERENCE:
1. PLEA BARGAINING
2. STIPULATION OF FACTS
3. MARKING FOR IDENTIFICATION OF EVIDENCE OF THE PARTIES
4. WAIVER OF OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
5. MODIFICATION OF THE ORDER OF TRIAL IF THE ACCUSED ADMITS THE CHARGE BUT
INTERPOSES A LAWFUL DEFENSE
6. SUCH OTHER MATTERS AS WILL PROMOTE A FAIR AND EXPEDITIOUS TRIAL OF THE
CRIMINAL AND CIVIL ASPECTS OF THE CASE.
AFTER THE PRE-TRIAL CONFERENCE, THE JUDGE SHALL ISSUE ORDER STATING ALL THE
PROPOSALS AND ADMISSIONS OF THE PARTIES AND ALL OTHER MATTERS SUBJECT OF THE PRE -
TRIAL.
FORMS OF TRIAL:
1. JOINT TRIAL - IS THE TRIAL OF 2 OR MORE PERSONS FOR THE SAME OR SIMILAR
OFFENSES CONDUCTED WITHIN THE FRAMEWORK OF ONE TRIAL.
2. CONSOLIDATED TRIAL - IS THE TRIAL OF 2 OR MORE ACTIONS INVOLVING OFFENSES
FOUNDED ON THE SAME FACTS OR INVOLVING COMMON QUESTIONS OF FACTS OR LAW
OR FORMING PART OF SERIES OF OFFENSES OF SIMILAR CHARACTER CONDUCTE D
WITHIN THE FRAMEWORK OF ONE PROCEEDING.
3. SEPARATE TRIAL - IS THE INDIVIDUAL TRIAL OF EACH OF SEVERAL PERSONS JOINTLY
ACCUSED OF AN OFFENSE.
ORDER OF TRIAL:
1. PROSECUTION SHALL PRESENT EVIDENCE TO PROVE THE CHARGE
2. ACCUSED MAY PRESENT EVIDENCE TO PROVE HIS DEFENSE
3. BOTH THE PROSECUTION AND THE ACCUSED IN THAT ORDER MAY RESPECTIVELY
PRESENT REBUTTAL EVIDENCE/ADDITIONAL EVIDENCE AND SUR-REBUTTAL
EVIDENCE
4. BOTH PARTIES IN THAT ORDER SHALL FORMALLY OFFER EXHIBITS AND REST ITS
RESPECTIVE CASES
5. THE CASE SHALL BE SUBMITTED FOR DECISION
TIME LIMIT OF TRIAL: TRIAL ONCE COMMENCED SHALL CONTINUE FROM DAY TO DAY AS FAR AS
PRACTICABLE AND, UNLESS POSTPONED FOR A REASONABLE PERIOD OF TIME FOR GOOD CAUSE
AND JUSTIFIABLE DELAYS, SHALL BE TERMINATED WITHIN 180 DAYS.
REMEDY WHERE ACCUSED IS NOT BROUGHT TO TRIAL WITHIN THE TIME LIMIT: THE INFORMATION
MAY BE DISMISSED ON MOTION OF THE ACCUSED ON THE GROUND OF DENIAL OF HIS RIGHT TO
SPEEDY TRIAL.
DISCHARGE OF ACCUSED TO BE STATE WITNESS: WHEN TWO OR MORE PERSONS ARE JOINTLY
CHARGED WITH THE COMMISSION OF ANY OFFENSE, ONE OR MORE OF THEM, WITH THEIR
CONSENT, MAY BE DISCHARGED FROM THE CHARGE AND BE A STATE WITNESS. DISCHARGE OF
ACCUSED TO BE STATE WITNESS IS TANTAMOUNT TO ACQUITTAL.
REOPENING OF THE CASE: AT ANY TIME BEFORE FINALITY OF THE JUDGMENT OF CONVICTION,
THE JUDGE MAY MOTU PROPRIO OR UPON MOTION, WITH HEARING IN EITHER CASE, REOPEN
THE PROCEEDINGS TO AVOID MISCARRIAGE OF JUSTICE. THE PROCEEDINGS SHALL BE
TERMINATED WITHIN 30 DAYS FROM THE ORDER GRANTING IT.
JUDGMENT - IS DEFINED AS THE ADJUDICATION BY THE COURT THAT THE ACCUSED IS GUILTY OR
NOT GUILTY OF THE OFFENSE CHARGED AND THE IMPOSITION ON HIM OF THE PROPER PENALTY
AND CIVIL LIABILITY, IF ANY.
WHEN ACCUSED FAILS TO APPEAR DURING THE SCHEDULED PROMULGATION: THE PROMULGATION
SHALL BE MADE BY RECORDING THE JUDGMENT IN THE CRIMINAL DOCKET AND SERVING THE
ACCUSED A COPY THEREOF AT HIS LAST KNOWN ADDRESS OR THRU HIS COUNSEL. HOWEVER, IF
THE JUDGMENT IS FOR CONVICTION, THE ACCUSED SHALL LOSE AVAILABLE REMEDIES AND THE
COURT SHALL ORDER HIS ARREST. WITHIN 15 DAYS FROM PROMULGATION OF THE JUDGMENT,
HOWEVER, THE ACCUSED MAY SURRENDER AND FILE A MOTION FOR LEAVE OF COURT TO AVAIL
OF THE REMEDIES, STATING THE REASONS FOR HIS ABSENCE AT THE SCHEDULED
PROMULGATION.
ENTRY OF JUDGMENT - MEANS THE RECORDING OF THE JUDGMENT OR ORDER IN THE BOOK OF
ENTRIES OF JUDGMENT BY THE CLERK OF COURT CONTAINING THE DISPOSITIVE PART OF THE
JUDGMENT WHEN NO APPEAL OR MOTION FOR NEW TRIAL IS MADE.
FINALITY OF JUDGMENT: IT SHALL BECOME FINAL AFTER THE LAPSE OF 15 DAYS WITHOUT THE
ACCUSED FILING AN APPEAL.
MOTION FOR NEW TRIAL OR RECONSIDERATION – IS ONE FILED WITH THE COURT BY THE ACCUSED
AT ANY TIME BEFORE JUDGMENT OF CONVICTION BECOMES FINAL. OR, ON ITS OWN INITIATIVE,
WITH THE CONSENT OF THE ACCUSED, THE COURT MAY ORDER NEW TRIAL OR
RECONSIDERATION.
GROUND FOR RECONSIDERATION: ERRORS OF LAW OR FACT IN THE JUDGMENT WHICH REQUIRES
NO FURTHER PROCEEDINGS.
APPEAL - IS A LEGAL REMEDY WHEREBY A PARTY SEEKS FOR A REVIEW BY A SUPERIOR COURT
THE JUDGMENT RENDERED BY THE TRIAL COURT. IT IS DONE BY THE ACCUSED IF CONVICTED.
IF ACQUITTED, THE STATE CANNOT APPEAL ON THE GROUND OF DOUBLE JEOPARDY.
MODES OF APPEAL:
1. ORDINARY APPEAL - IS A MATTER OF RIGHT AND IS NORMALLY MADE SIMPLY BY FILING
OF A NOTICE OF APPEAL WITH THE COURT WHOSE JUDGMENT IS SOUGHT TO BE
REVIEWED.
2. PETITION FOR REVIEW - LIKE ORDINARY APPEALS, MAY RAISE BOTH QUESTIONS OF FACT
AS WELL AS OF LAW. BUT UNLIKE ORDINARY APPEALS, APPEALS BY PETITION FOR
REVIEW ARE NOT A MATTER OF RIGHT, BUT OF DISCRETION.
3. PETITION FOR REVIEW ON CERTIORARI - IS NOT A MATTER OF RIGHT. THE SC WILL
EXERCISE APPELLATE JURISDICTION ONLY IF IT DEEMS IT PROPER, IN ITS DISCRETION.
ONLY PURE QUESTIONS OF LAW MAY BE RAISED.
4. AUTOMATIC APPEAL - WHEN DEATH PENALTY HAS BEEN IMPOSED
WHEN APPEAL IS TAKEN: AN APPEAL MUST BE TAKEN WITHIN 15 DAYS FROM PROMULGATION OF
THE JUDGMENT OR FROM NOTICE OF THE FINAL ORDER APPEALED FROM. THIS PERIOD FOR
PERFECTING AN APPEAL SHALL BE SUSPENDED FROM THE TIME A MOTION FOR NEW TRIAL OR
RECONSIDERATION IS FILED UNTIL NOTICE OF THE ORDER OVERRULING THE MOTION HAS BEEN
SERVED UPON THE ACCUSED OR HIS COUNSEL AT WHICH TIME THE BALANCE OF THE PERIOD
BEGINS TO RUN.
SEARCH WARRANT - IS DEFINED AS AN ORDER IN WRITING ISSUED IN THE NAME OF THE PEOPLE
OF THE PHILIPPINES, SIGNED BY A JUDGE AND DIRECTED TO A PEACE OFFICER, COMMANDING
HIM TO SEARCH FOR PERSONAL PROPERTY DESCRIBED THEREIN AND BRING IT BEFORE THE
COURT.
PROBABLE CAUSE - IS DEFINED AS SUCH FACTS AND CIRCUMSTANCES WHICH LED A REASONABLE,
DISCREET AND PRUDENT MIND OR MAN TO BELIEVE THAT THE OFFENSE HAS BEEN COMMITTED
AND THAT THE OBJECTS SOUGHT IN CONNECTION WITH THE OFFENSE ARE IN THE PLACE
SOUGHT TO BE SEARCHED.
VALIDITY OR LIFETIME OF SEARCH WARRANT: IT IS VALID FOR 10 DAYS FROM ITS DATE.
THEREAFTER, IT SHALL BE VOID.
INSTANCES WHEN PERSON MAY BE SEARCHED EVEN WITHOUT SEARCH WARRANT (WARRANTLESS
SEARCH):
1. SEARCH INCIDENT TO LAWFUL ARREST;
2. CONSENTED WARRANTLESS SEARCH;
3. SEARCH IN PLAIN VIEW;
4. SEARCH BASED ON PROBABLE CAUSE;
5. SEARCH OF MOVING VEHICLES;
6. SEARCH OF VESSELS AND AIRCRAFTS FOR VIOLATION OF CUSTOM LAWS.
PROVISIONAL REMEDIES IN CRIMINAL CASES - ARE AVAILABLE ONLY IN CONNECTION WITH THE
CIVIL ACTION ATTACHED WITH THE CRIMINAL ACTION.
RULES ON SUMMARY PROCEDURE – IS ONE WHICH COVERS CASES UNDER THE EXCLUSIVE
JURISDICTION OF MTC, MTCC AND MCTC.