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2. Person who inflicted physical injuries on his adversary
REVISED PENAL CODE
Art 255. INFANTICIDE
Elements:
1. A child is killed
2. The child is less than 3 days (72 hours) of age
3. The offender killed the child
Take note:
 When infanticide is committed to conceal dishonour of the
mother or maternal grandparents – MITIGATING
 When a child is born dead or could not sustain independent
life outside the womb – infanticide is NOT committed
 If premature baby is in the womb and the same is killed – it
is NOT abortion, but infanticide.
Art 256. INTENTIONAL ABORTION
Abortion is the killing of a fetus in the womb or its expulsion from the
womb causing its death.
Two ways of committing intentional abortion:
1. With use of violence upon pregnant woman (Abortion by
physical force – physical removal of the fetus)
* It is presumed that the woman consented
2. Without using violence (drugs/beverages)
A. With consent of the pregnant woman
B. Without consent of the pregnant woman
Elements
1. Pregnant woman
2. Violence is exerted or drugs or beverages are administered,
or offender acts upon such pregnant woman
3. The fetus dies as a result
4. It must be intentional
Art 257. UNINTENTIONAL ABORTION
Elements
1. Pregnant woman
2. Violence is used without intending an abortion
3. The violence is intentional
4. Fetus dies as a result of the violence
Knowledge of pregnancy
 Jeffrey – offender need not know that the woman was pregnant
 Carnaso – accused must have known of the pregnancy
Art 258. ABORTION BY THE WOMAN/PARENTS
Persons liable
1. The woman who consents to the abortion.
Take note: The penalty is mitigated if the purpose is to
conceal her dishonour.
2. The parents of the pregnant woman with her consent for the
purpose of concealing her dishonour.
Art 259. ABORTION BY PHYSICIAN, WIDWIFE, ETC.
Take note
 Applicable only in intentional abortion
 Physician or midwife who causes the abortion and takes
advantage of specific knowledge or skills (max penalty)
 Includes dispensing abortive
Art 260. DUEL
It must refer to a formal or regular combat previously concerted
between two parties in the presence of two or more seconds of lawful
age on each side, who make the selection of arms and fix all the other
conditions of the fight.
Persons liable
1. Person who killed his adversary (RT)
(According to the nature of the injury)
3. Combatants where no physical injuries are inflicted (AM)
Art 261. CHALLENGING TO A DUEL
Acts punished
1. Challenging to a duel
2. Inciting another to giver or accept a challenge to a duel
3. Scoffing or decrying another publicly for having refused to
accept a challenge to fight a duel.
Art 262. MUTILATION
Two kinds:
1. Intentionally mutilating another’s organ (totally or partially)
for reproduction
2. Any other mutilation (lopping off or clipping off some part of
the body)
Intent in mutilation:
Intentionally deprive another of:
A. Organ of reproduction
B. By any other part of the body
Intentional – the purpose in cutting or lopping off must be for a
definite or specific purpose, otherwise, the crime might just be serious
physical injuries.
Art 263. SERIOUS PHYSICAL INJURIES
PAR1. The victim becomes insane, an imbecile, impotent or blind
(Highest form of serious physical injuries)
PAR2. The victim:
1. Loses the use of speech, power to hear or smell
2. Loses an eye, hand, foot, arm, leg or the use of any such
member f the body
3. Becomes incapacitated for work in which he was habitually
engaged (If he is unemployed, he can never be a victim
under this – work should be habitual)
PAR3. The victim:
1. Becomes deformed (Physical ugliness permanent,
conspicuous and visible)
2. Loses any other part or use of the body
3. If the victim becomes ill or incapacitated for the
performance of the work in which he was habitually engaged
for a period of 90 days.
Take note: The 90 days need to be continuous. (But even if
you are allowed to stay home but still needs medical
attendance – still considered continuous)
PAR4. If the injuries cause illness or incapacity for labor for more than
30 days
Take note:
 Work include studies
 It is the period of medical attendance, illness or incapacity
for labor that is material
 It becomes qualified (parricide or murder), except in the
case of a parent for excessive chastisement
Art 264. ADMINISTERING INJURIOUS SUBSTANCES
Two ways of committing
1. Administering injurious substances or beverages
2. Taking advantage of weakness of mind or credulity of victim.
Take note: It MUST result in serious physical injuries.
Art 265. LESS SERIOUS PHYSICAL INJURIES
The offended party is
1. Incapacitated for labor (any kind of work), or
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2. Requires medical attendance 1. Insert penis into the mouth or anal orifice
2. Insert instrument or object into the genital or anal orifice of
Take note: For a period of 10 days/more but not more than 30 days. another (does not include the mouth)
TN: Finger should be considered as an instrument or object;
Art 266. SLIGHT PHYSICAL INJURIES If vibrator is entered into the mouth – only acts of
lasciviousness
The offended party is
1. Incapacitated for labor (any kind of work), or Take note:
2. Require medical attendance  Offender and offended party could be any person
 Rape is non-bailable
Take note: For a period of 1 to 9 days
Finger
Also committed Under the present law on rape, an insertion of one’s finger into the
1. Physical injuries do not incapacitate the victim for labor nor genital of another constitutes rape through sexual assault.
require medical attendance
2. Maltreatment is when the act of the offender does not cause Qualified rape
any injury Qualifying circumstances must be mentioned in the information

Art 266 - A. RAPE 1. With the use of a deadly weapon, or by two or more persons
2. By reason or on the occasion victim becomes insane
PAR1. MAN HAVING SEXUAL INTERCOURSE WITH A WOMAN 3. By reason or on the occasion homicide is committed
(including attempted rape)
1. Through force or intimidation 4. 10 aggravating circumstances/qualifying circumstances
2. Woman is deprived of reason/unconscious
3. By means of fraudulent machination or grave abuse of Rape with homicide
authority When by reason or on the occasion of the rape, homicide is
4. Offended party is under 12 years of old or demented committed. The main intention of the offender must be rape and
(statutory rape) homicide is committed by reason of the rape or on the occasion of the
rape.
Take note: Sexual intercourse without the consent (Promise of
marriage is not fraudulent machination – only seduction. Sweetheart theory
Just because you are lovers, doesn’t mean that rape cannot be
committed. Love is not a license for lust. The one who interposes
Gravamen of the offense
sweetheart theory must prove with clear and convincing evidence his
The gravamen of the offense of rape is sexual intercourse without
affirmative defense that it was a consensual sexual intercourse.
consent. Degree of force is immaterial. In the instant case, accused
- It is not credible on the bare testimony of the accused.
obtained carnal knowledge by the use of force, threat, intimidation.
- Is self serving
Force and intimidation is presumed if done without consent.
- Deserves scant consideration, considering that such defense
needs strong corroboration
Carnal knowledge – sexual intercourse (requires penetration)
- A sweetheart cannot be forced to have sex against her will
People v. Salarza
Time and date of commission
GR No. 117682 Girl believed that the guy was her boyfriend – not rape
The date or time the rape was committed is not an essential ingredient
because there was no force and she was conscious. Any deception
as it is the carnal knowledge through force and intimidation that is the
which the woman thought was employed was only a product of her
gravamen of the offense. Date is immaterial.
own thinking.
Place of commission
Penetration
Lust does not respect either time or place. The evil in man has no
Full or deep necessary is not necessary to consummate sexual
conscience – the beast in him bears no respect for time and place,
intercourse. It is enough that there is the slightest penetration of the
driving him to commit rape anywhere, even in places where people
male organ into the female sex organ. The mere touching my the male
congregate such as in parks, along the road, within school premises.
organ of the labia of the pudendum of the woman’s private part is
sufficient to consummate rape.
Physical injuries, not an element
Lack of lacerated wounds does not negate sexual intercourse. A freshly
Force, threat or intimidation
broken hymen is not an essential element of rape. Even the fact that
Force need not be irresistible – that degree of force necessary to bring
the hymen of the victim was still intact does not rule out the possibility
about the desired result. What is essential is that the offender
of rape.
employed sufficient force to enable him to have sexual intercourse
with the woman.
Guiding principles
Force should not be equated with lack or absence of resistance on the
1. An accusation of rape can be made with facility and while
part of the victim. Physical resistance is not an element of rape.
accusation is difficult to prove, it is even more difficult for
the accused, though innocent, to disprove.
Moral ascendancy
It can take the place of force and intimidation in certain cases like
2. Considering that in the nature of things, only two persons
incestuous rape.
are usually involved in the crime of rape the testimony of the
People v. Jimenez complainant should be scrutinized with great caution
The father’ moral ascendancy and influence over his daughter
substitutes for violation and intimidation in rape cases. 3. The evidence for the prosecution must stand or fall on its
own merits and cannot be allowed to draw strength from the
Deprived of reason or otherwise unconscious weakness of the evidence for the defense
Deprived of reason – Insane, feeblemind
Otherwise unconscious – asleep, administered a drug that deprives her Take note: Credibility become the single most important issue.
of will power.
Rape and RA 7610
Statutory rape Charging the accused with two different offenses for the same act
When the victim is under 12 years old or is demented, sexual committed on the same date against the said victim is ERRONEOUS as
intercourse with her, regardless of the presence or absence of consent it is ILLEGAL, except where the law itself so allows.
or the other three circumstances, is rape.
Sec 5 RA 7610 does not allow.
PAR2. SEXUAL ASSAULT
 If child is below 12 years old – prosecute under Art 335 of RPC
Committed by any person who:

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 If above 12 years old but below 18 – prosecute under RA 7610

“Child Abuse” Art 268. SLIGHT ILLEGAL DETENTION

Rules in Optana Accomplice considered a principal

Same penalty shall be incurred by anyone who shall furnish the place
 Victim below 12 – accused should be charged under Art 335 (Art
for the perpetration of the crime.
266-A Rape) of the RPC
Privileged mitigating circumstance
 Victim above 12 but below 18 – accused should be charged
All three must concur:
under RA 7610.
1. Voluntary release within 3 days
Art 266 - C. PARDON 2. Purpose is not attained
3. Before criminal proceedings is instituted
A subsequent valid marriage between the offender and offended party
extinguishes the criminal action or the penalty imposed. Art 269. UNLAWFUL ARREST

Take note: Purpose – to deliver the arrested person to the proper authorities.
 Does not extend to accomplices or accessories. Arrest – not authorized by law or there is no reasonable ground
 Does not extinguish all liability in case of multiple rape. therefor.

Husbands can no commit rape

Art 275. ABANDONMENT OF PERSONS IN DANGER
Marriage must be legal. Forgiveness by the wife extinguishes criminal
action or penalty imposed.
Acts punished:
Art 266 - D. PRESUMPTIONS 1. Fails to render assistance to a person in an uninhabited place
who is wounded or in danger of dying
Evidence that may be accepted in prosecution of rape: 2. Fails to help another whom he has accidentally wounded or
1. Any physical overt act manifesting resistance injured (need not be uninhabited)
2. Situations that render the victim incapable of giving consent 3. Fails to deliver a child under 7 to the authorities or his family
or take said child to a safe place

Art 277. KIDNAPPING AND SERIOUS Take note: Hit and run is just reckless imprudence.
ILLEGAL DETENTION
Additional info:
Elements
Par1 – Without detriment to himself. Not a more serious offense
1. Offender is a private individual or public authority who has Par2 – Need not be in an uninhabited place
no authority to detain somebody Par3 – Knowledge of the age of the child is immaterial. Applies to
2. Offender kidnaps, detains, or deprives another of his liberty both abandoned or lost child.
3. It is illegal
4. Any of the following circumstances are present: Art 280. QUALIFIED TRESPASS TO DWELLING
A. Detention lasts for more than 3 days
B. Committed simulating public authority
C. Serious physical injuries are inflicted on the person Elements
kidnapped or detained or threats to him are made 1. Offender is a private person
D. The person kidnapped or detained is a minor, a 2. Enters the dwelling of another
female or a public officer 3. Entry is against the will of the latte

Exception: When the kidnapped person is a minor Dwelling

and offender is any of the parents Building or structure exclusively used for rest or comfort.

Qualifying circumstances (Death penalty) Against the will

A. Ransom
PP v. Peralta
B. Victim is killed, died as a consequence of the detention,
Officer enjoyed the privilege of staying in a room. Incoming pres went
rape, torture dehumanizing acts
inside the room w/o the consent of the outgoing pres. Held: Lack of
Essence
permission must not be confused with prohibition.
The actual deprivation of the victim’s liberty, coupled with indubitable
proof of intent of the accused to effect the same.
In order that this crime may exist, it is necessary that the entrance
should be against the express or presumed prohibition of the
Ransom
occupant, and the lack of permission should not be confused with
Ransom means money, price or consideration. Ransom need not be
prohibition. This crime is committed when a person enters another’s
paid or could not have reached the relatives, provided that it could be
dwelling against the will of the occupant, but not when the entrance is
established that the kidnapping is for the purpose of extorting ransom.
effected without his knowledge or opposition.
Kidnapping with murder
Implied prohibition
- Very early in the morning
Prior to RA 7659 Heinous crimes law
- Late hour of the night
- Defendants were told to wait in the porch and owner closed
 If the accused was kidnapped for the purpose of killing him
the door behind him as he entered the room
– kidnapping with murder under Art 48 one offense is a
- Entrance through the window
necessary means of committing another.
- Door was locked with a piece of string
 If the person kidnapped (not for the purpose of killing him)
QUALIFIED TRESPASS
was killed as an afterthought – two separate crimes of
kidnapping and murder.
1. If committed with violence (Not limited to violence against
the owner – dwelling itself)
After the effectivity of RA 7659
A. Pushing door violently
B. Cutting the ribbon or string as the door’s lock
 If the person kidnapped is killed in the course of the
C. Wounding the occupant with a bolo immediately
detention – special complex crime of kidnapping with murder
after.
or homicide.

 If the purpose is really just to kill – only murder

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2. Intimidation
A. Firing a revolver in the air
B. Flourishing a bolo
US v. Abanto
Abanto entered the house of the injured party in a violent manner, and
assaulted the latter from the door to the interior of his house, and in
view of such behaviour it is not necessary that express opposition on
the part of the tenant should have preceded the forcible entry.
Art 281. OTHER FORMS OF TRESPASS
Elements
1. Enters the closed premises or fenced estate of another
2. Entrance is made while it is uninhabited
3. Prohibition is manifest
4. No permission from owner or caretaker
Art 282. GRAVE THREATS
Acts punished
1. Threatening another with a wrong amounting to a crime and
demanding money/imposing any other condition and
attaining his purpose
2. Offender does not attain his purpose
3. Threat not subject to any condition
Grave threats
Shall threaten another with infliction upon the person, honor, property
of the latter or of family.
Any wrong amounting to a crime – the condition imposed need not be
unlawful.
Qualified grave threats
If the threat be made in writing or through a middleman, the penalty
shall be imposed in its maximum period.
Grave threats not subject to a condition
It must be serious and deliberate, otherwise it may be a case of other
light threats under Art 285
Consummated
The moment the offended party obtains knowledge of the threats
made, the felony consummated.
Art 283. LIGHT THREATS
Elements
1. Threat to commit a wrong
2. Wrong does not constitute a crime
3. Demand for money or other condition is imposed, even
though not unlawful
4. The offender attains/does not attain his purpose
Art 285. OTHER LIGHT THREATS
Acts punished
1. Threatens another with a weapon or draws a weapon in a
quarrel
2. Orally threaten another, in the heat of anger, with some
harm (not) constituting a crime, without persisting in the
idea involved in the crime
3. Orally threatening another any harm not constituting a crime
Not amounting to a crime
 In grave threats – the wrong threatened amounts to a crime
which may or may not be accompanied by a condition.
 In light threats – the wrong threatened does not amount to
a crime but is always accompanied by a condition.
 In other light threats – the wrong threatened does not
amount to a crime and there is no condition.
Art 286. GRAVE COERCION
Acts punished
1. Preventing another from doing something not prohibited by
the law
2. Compelling another to do something against his will.
Means – violence, threats or intimidation
Without authority of law
In grave coercion, it is necessary that the restraint shall not be made
under the authority of law or in the exercise of any lawful right.
Art 287. LIGHT COERCIONS AND UNJUST VEXATION
LIGHT COERCION
Elements
1. Offender is a creditor
2. Seizes anything belonging to his debtor
3. By means of violence or display of material force producing
intimidation
4. Purpose is for payment of the debt
UNJUST VEXATION
Any act that unjustly annoys or vexes an innocent person even though
not productive of some physical or material harm. (TN: No violence or
intimidation)
Baleros v. PP
While the series of acts committed do not determine attempted rape,
they constitute unjust vexation punishable as light coercion under 2nd
par of Art 287 of the RPC.
ART 293. ROBBERY
Two types:
1. Robbery with violence against, or intimidation of persons
2. Robbery by the use of force upon things
Elements of robbery
1. Personal property belonging to another
2. Unlawful taking
3. Intent to gain
4. Violence against or intimidation of persons or force upon
things
Personal property
Generally, it is sufficient that the personal property is not the property
of the offender. The identity of the owner of the property taken is NOT
an element of robbery.
US v. Lahoylahoy
To permit a defendant to be convicted upon a charge of robbing one
person when the proof shows that he robbed an entirely different
person, when the first was not present, is violative of the rudimentary
principles of pleading, and in addition, is subject to the criticism that
the defendant is thereby placed in a position where he could not be
protected from a future prosecution by a plea of former conviction or
acquittal.
Taking must be unlawful
The unlawful and punishable appropriation took place subsequently to
this act, when the money appropriated was lawfully in the possession
of the accused. Consequently, the seizure in itself does not constitute
an act of unlawful taking, a necessary element for the existence of the
crime of robbery.
Taking when complete
Unlawful taking is complete once the offender gains possession of the
property.
Intent to gain
Presumed from the unlawful taking of personal property.
Violence or intimidation of persons/force upon things
The violence or intimidation employed must be against the person of
the offended party. In robbery by using force upon things, the
offender must enter the house or building.
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When both circumstances are present
Robbery which is characterized by violence or intimidation against the
person is evidently graver than ordinary robbery committed by force
upon things, because where violence or intimidation against the
person is present, there is greater disturbance to the order of society
and security of the individual.
ART 294. ROBBERY WITH VIOLENCE OR
INTIMDATION OF PERSONS
Pars 1-4 are special complex crimes (Art 48 is not applicable)
1. Robbery with homicide, rape, intentional mutilation or arson
2. Robbery with serious physical injuries
3. Robbery carried to a degree clearly unnecessary for its
commission
On the occasion or by reason
By reason of the robbery, the other crime was committed. It means
the other crime was committed in the course or because of the
robbery.
1. Facilitate the robbery or the escape of the culprit
2. To preserve the possession by the culprit of the loot
3. To prevent discovery of the commission of robbery
4. To eliminate witnesses in the commission of the crime
Robbery with homicide
Homicide includes murder, parricide and homicide.
PP v. Bajada
Homicides, murders and physical injuries committed on occasion or by
reason of the robbery are merged in the composite crime of robbery
with homicide.
Intent to commit robbery
In the special complex crime of robbery, it must be established that
the main purpose and object of the criminals was robbery and the
killing was merely incidental, resulting by reason of or on the occasion
of the robbery. The intent to commit robbery must precede the
commission of the crime.
PP v. Werba
A conviction for robbery with homicide is proper even if the homicide is
committed before, during or after the robbery. The homicide may be
committed by the malefactor at the spur of the moment or by mere
accident. Even if two or more persons are killed or a woman is raped
or physical injuries are inflicted on another on the occasion or by
reason of the robbery, there is only one special complex crime of
robbery with homicide.
Direct relation
However, essential for conviction of robbery with homicide is proof of
a direct relation, an intimate connection between the robbery and the
killing, whether the latter be prior or subsequent to the former or
whether both crimes are committed at the same time.
Principals in robbery are principals in robbery with homicide
As long as one participates in the commission of robbery, if the felony
committed is robbery with homicide, the liability is for robbery with
homicide.
Exception: When one endeavours to prevent the other crime from
being committed.
Robbery with homicide
There is NO crime of robbery with multiple homicide under the Revised
Penal Code. The crime is still robbery with homicide notwithstanding
the number of homicides committed on the occasion of a robbery.
Robbery with rape
In other words, to be liable for such crime, the offender must have the
intent to take the personal property of another under circumstances
that makes the taking one of robbery, and such intent must precede
the rape.
PP v. Torres
Robbery with rape occurs when the following elements are present:
1. Personal property is taken with violence or intimidation
against persons
2. The property taken belongs to another
3. The taking is done with animo lucrandi
4. The robbery is accompanied by rape.
Simple robbery
Eduarte is charged with the crime of simple robbery under par 5 Art
294 of the RPC. The elements of which are:
1. Intent to gain
2. Unlawful taking of personal property belonging to another
3. Violence against or intimidation of any person
With violence or intimidation
It is sufficient that the violence/intimidation is employed before the
owner is finally deprived of his property.
ART 295. QUALIFYING CIRCUMSTANCES IS
ROBBERY (SUB’S 3, 4 & 5 ONLY)
The qualifying circumstances area:
1. In an uninhabited place
2. By a band
3. Attacking a moving train, street car, motor vehicle or airship
4. Entering passenger’s compartments in a train, or in any
manner take the passengers by surprise in the respective
conveyances
ROBBERY (SUB’S ART
3, 4 & 5 ONLY)B’S
295. BAND 3, 4 & 5 ONLY)
Band – more than three armed malefactors take part in the
commission of a robbery.
Attempted robbery with homicide
In the present case, the crime of robbery remained unconsummated
because the victim refused to give his money to appellant and no
personal property was shown to have been taken. It was for this
reason that the victim was shot. Appellant can only be found guilty of
attempted robbery with homicide, thus, punishable under Art 297 of
the RPC.
Armed
The Code does not define or require any particular arms or weapons;
any weapon which by reason of its intrinsic nature or the purpose for
which it was made or used by the accused, is capable of inflicting
serious or fatal injuries upon the victim of the crime may be considered
as arms for purpose of the law on cuadrilla.
Rule when robbery is committed by a band
1. Member
2. Present at the commission of the robbery
3. Did not attempt to prevent an assault being committed by
the others
TN: Shall be guilty as principal of said assault.
Robbery with homicide by a band
There is no special complex crime of robbery in band. If robbery with
homicide is committed by a band, the indictable offense would still be
denominated as robbery with homicide, but the circumstance that it
was committed by a band is not an element of the crime but is merely
a generic aggravating circumstance which be offset by mitigating
circumstances.
Robbery by the use of force upon things
Two articles:
1. Article 299 – Robbery in an inhabited house or public
building or edifice devoted to worship
2. Article 302 – Robbery in an uninhabited place or private
building.
TN: A common element in these two articles is that the offender must
enter the house, building or edifice.
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ART 299. ROBBERY IN AN INHABITED HOUSE OR
PUBLIC BLDG OR EDIFICE FOR WORSHIP
Two subdivisions:
1. Where it is the manner of effecting entrance into the
inhabited house, public building or edifice devoted to
worship that is material.
ART 303. ROBBERY OF CEREALS, FRUITS, ETC.
Robbery of cereals, fruits, or firewood in an uninhabited place
or private building
Cereals – agricultural produce
Penalty is lower presumably upon the reason that the robbery was
committed due to extreme necessity.

2. Where what is material is the action of the accused while TN: Not applicable in robbery with violence/intimidation of persons.
inside the house, building or edifice.
ART 304. POSSESSION OF PICKLOCKS
Subdivision A
Shall enter the house or building in which the robbery is committed, by
any of the following means: The tools must be specially adopted to the commission of robbery.

1. Through an opening not intended for entrance or egress Take Note:

2. Breaking any wall, roof or floor or breaking any door or Mere possession is punishable. The maker of the tools is also liable.
window
3. Using false keys, picklocks or similar tools ART 305. FALSE KEYS
4. Using any fictitious name or pretending the exercise of
public authority
Includes:
Subdivision B 1. Tools mentioned in 304 – picklocks
Mode of entry is immaterial. Once inside, the offender: 2. Genuine keys stolen from the owner
3. Keys other than those intended by the owner for use in the
1. Breaks doors, wardrobes, chests or any other kind of locked lock
or sealed furniture or receptacle
2. Taking such furniture or object away to be broken or forced TN: This article does not define a crime. It only defines false keys.
open outside the place of the robbery Hence, mere possession is not punishable.
TN: Public building – even though not used by the government but still
owned by the government ART 306. BRIGANDS

ART 300. ROBERY IN AN UNINHABITED Elements

PLACE AND BY A BAND 1. At least 4 armed persons (band)
2. Form a band of robbers
3. Purpose:
Robbery in an inhabited house, public building or edifice devoted to A. To commit robbery in the highway
public worship if committed in an uninhabited place and by a band B. To kidnap persons for the purpose of extortion or to
shall be punished by the maximum period. obtain ransom
C. To attain by means of force or violence any other
Uninhabited place – May refer to a remote area or an uninhabited purpose
house (not a dwelling i.e. store)
Brigandage RPC
Penalty for Robbery under Art 299 is dependent on the: The act of forming a band of robbers for the purpose of committing
A. Value of the property taken robbery in the highway or kidnapping persons for the purpose of
B. Whether the offenders are armed extortion, or to obtain ransom, or for any other purposes to be
C. Whether the robbery is committed in the man structure or a attained by means of force or violence.
dependency thereof
Brigandage PD 532
ART 301. WHAT IS INHABITED HOUSE, PUBLIC Highway robbery/brigandage – seizure of any person for ransom,
BLDG, BLDG FOR PUBLIC WORSHIP extortion or the taking away of the property of another by means of
violence against or intimidation of persons or force upon things
committed by any person on any Philippine highway.
What is an inhabited house, public building, building, dedicated to
public worship and their dependencies?
ART 308. THEFT
Inhabited house
Shelter, ship or vessel constituting the dwelling of the person. Elements
1. Taking of personal property
Elements of dependency 2. Belonging to another
A. Contiguous 3. Intent to gain
B. Interior entrance 4. Without consent of the owner
C. Part of the whole 5. No violence against or intimidation of persons or force upon
things
TN: The dependency need not be devoted exclusively to rest and
comfort. Other cases of theft
1. Having found lost property, shall fail to deliver the same to
ART 302. ROBBERY IN AN UNINHABITED PLACE OR its owner or to the local authorities
PRIVATE BUILDING 2. Having maliciously damaged the property of another shall
remove or make use of the fruits or object of the damage
caused by him
The means are the same as Art 199 except for use of fictitious name 3. Enter an enclosed estate or field where trespass is forbidden
or pretending the exercise of public authority. and shall hunt or fish or gather fruits, cereals, or other forest
or farm products.
Penalty is based on the value of the property taken.
Taking
Consummated when offender takes possession of the thing.
TN: Attempted stage is possible but not frustrated.

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Taking not taking away
It is not an indispensable requisite of theft that the pickpocket or thief
carries, more or less far away, the thing taken by him from its owner.
Intent to gain and not gain
Actual gain or profit is not necessary. Gain is not limited to pecuniary
benefit but also includes the benefit which in any other sense may be
derived from the act performed. Thus, mere use of the thing which
was taken without the owner’s consent constitutes gain.
When taking is complete
From the moment the offender gains possession of the thing, even if
he has no opportunity to dispose of the same.
Need not be against the will
Prohibition is not required. It is not necessary that the taking should
be effected against the will of the owner but merely that it should be
without his consent.
Personal property
1. Includes forces of nature that has come under the control of
science. (i.e. electricity and gas)
2. Services and business is NOT included.
ART 309. PENALTIES
Penalty in theft depends on the value of the thing stolen.
Value of property stolen
The value of jewelry is not a matter of public knowledge nor is it
capable of unquestionable demonstration.
Checks – the amount of cash which may be realized upon them.
ART 310. QUALIFIED THEFT
Qualified theft
A. Committed by a domestic servant
B. With grave abuse of confidence
C. Motor vehicle
D. Mail matter
E. Large cattle
F. Coconuts taken from the premises of a plantation
G. Fish taken from a fishpond or fishery
H. Property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, any other calamity, vehicular
accident or civil disturbance
PD 533 and the RPC
PD 533 does not supersede the crime of qualified theft of large cattle
under Arts 309 and 310 under the RPC. It merely modified the
penalties provided for qualified theft of large cattle under Art 310 by
imposing stiffer penalties thereon under special circumstances.
Grave abuse of confidence
Domestic servant – always qualified
Grave abuse of confidence – must establish a high degree of
confidence reposed upon the offender by the offended party.
PD 1612 FENCING
Elements
A. Crime of robbery or theft has been committed
B. The accused, who is not a principal or accomplice in the
commission of the crime of robbery or theft – buys, receives,
keeps, conceals, sells or disposes or in any manner deals in
any article, item or anything of value which has been derived
from the proceeds of the crime of robbery or theft.
Presumption of fencing
Fencing is malum prohibitum and PD 1612 creates a prima facie
presumption of fencing from evidence of possession by the accused of
any good, article, item or anything of value which has been the subject
of robbery or theft – and prescribes a higher penalty based on the
value of the property.
ART 315. ESTAFA
A. Abuse of confidence
Subdivision 1
B. Deceit
Subdivision 2 (false pretenses and fraudulent acts)
Subdivision 3 (fraudulent means)
SPECIAL PENAL LAWS
PD 1829 OBSTRUCTION OF APPREHENSION AND
PROSECUTION OF CRIMINAL OFFENDERS
CONCEPT
Any person, who knowingly or wilfully obstructs, impedes, frustrates or
delays the apprehension of suspects and the investigation and
prosecution of criminal cases.
PUNISHABLE ACTS
1. Preventing witnesses to testify – Preventing witnesses from
testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offender by
means of bribery, misrepresentation, deceit, intimidation, force
or threats.
2. Destroying evidence – Altering, destroying, suppressing or
concealing (ADSC) any paper, record, document, or object, with
intent to impair its verity, authenticity, legibility, availability or
admissibility as evidence in any investigation of or official
proceedings in criminal cases.
3. Facilitating escape – Harboring, concealing or facilitating
(HCF) the escape of any person he knows or has reasonable
ground to believe or suspect has committed any offense under
the existing penal laws in order to prevent his arrest,
prosecution or conviction.
4. Use of fictitious names – Publicly using a fictitious name for
the purpose of concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true name for the
same purposes.
5. Delaying prosecution – Delaying the prosecution by
obstructing the services of process of court orders or disturbing
proceedings in the fiscal’s offices or courts.
6. Presentation of falsified documents – Making, presenting or
using any record, document, paper or object with knowledge of
its falsity and with intent to affect the course or outcome of the
investigation of, or official proceedings in criminal cases.
7. Accepting benefits – Soliciting, accepting or agreeing to
accept any benefit in consideration of abstaining from,
discounting or impeding the prosecution of a criminal offender.
8. Threatening to prevent appearance in investigations –
Threatening another with the infliction of any wrong upon his
person, honor or property or on any immediate member of his
family, or imposing conditions, in order to prevent such person
from appearing in the investigation of, or official proceedings in
criminal cases.
9. Misleading through false information – Giving false or
fabricated information to mislead or prevent the law
enforcement agencies from apprehending the offender.
ADDITIONAL CIRCUMSTANCES
 If any of the acts mentioned herein is penalized by any other
law with a higher penalty, the higher penalty shall be imposed.
 If any of the acts are committed by a public official or employee,
he shall suffer perpetual disqualification from holding public
office (in addition to the penalties provided)
Posadas v. Ombudsman
GR No. 131492
The absence of an arrest warrant, the absence of knowledge or
reasonable ground on the part of the accused to believe that the
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students had committed a crime, the absence of any law punishing
refusal to attend an investigation at the NBI – all show that there is
NO sufficient ground to charge the accused with obstruction of justice.
On the contrary, the circumstances show that the accused was acting
within the bounds of law in safeguarding the students’ rights.
Angeles v. Gaite
GR No. 165276
Specifically, petitioner contends that respondent’s act of going
underground obstructed the service of a court process, particularly the
warrant of arrest.
OBSTRUCTION UNDER PAR E
Petitioner is like saying that every accused in a criminal case is
committing another offense of “obstruction of justice” if and when the
warrant of arrest issued for the former offense is unserved during its
life or returned unserved after its life – and that the accused should be
charged therewith re: “obstruction of justice.
Ad infinitum
What if the warrant of arrest for the latter charge (obstruction of
justice) again unserved during its life or returned unserved?
To follow the line of thinking of the petitioner, a second charge of
obstruction of justice should be filed against the accused, and if the
warrant of arrest issued on this second charge is not served again, a
third charge of obstruction of justice should be filed against.
Therefore, the petitioner is saying that the number of charges for
obstruction of justice is counting and/or countless, unless and until the
accused is either arrested or voluntarily surrendered.
PD 1866 ILLEGAL POSSESION, MANUFACTURE, SALE AND
DISPOSITION OF FIREARMS, AMMUNITIONS OR
EXPOSIVES OR INSTRUMENTS USED IS MAKING THE SAME
Relevant laws relating to firearms
1. PD 1866 (1983)
2. PD 8294 (1997)
3. RA 9516 (2008)
4. RA 10591 (2013)
SECTION 1: FIREARMS AND AMMUNITIONS
Manufacture, sale, acquisition, disposition, or possession of firearms or
ammunition or instruments used or intended to be used in the
manufacture of firearm or ammunition
Acts punished
Unlawfully manufacture, deal in, acquire, dispose, or possess any:
PC max & P15K fine
1. Low powered firearm, (i.e. rimfire handgun, .380, .32) and
other firearm of similar firepower
2. Part of firearm, ammunition or machinery, tool or instrument
used or intended to be used in the manufacture of any
firearm or ammunition
TN: Provided that NO other crime was committed.
PM min & P30k fine
1. High powered firearms (i.e. and other firearms with firing
capability of full automatic and by burst of two or three
TN: Provided that NO other crime was committed.
In relation to other crimes
 If homicide or murder is committed with the use of an
unlicensed firearms, such use of firearm – AGGRAVATING
 If the violation of this Section is in furtherance or in connection
with the crime of rebellion, insurrection, sedition or attempted
coup d’etat, such violation shall be ABSORBED as an element of
the said crimes.
People v. Ladjaalam
A simple reading shows that if an unlicensed firearm is used in the
commission of any crime, there can be NO separate offense of simple
illegal possession of firearms. Hence, if the other crime is murder or
homicide, illegal possession of firearms is merely an aggravating
circumstance and NOT a separate offense.
If the crime committed is direct assault, illegal possession of firearm
CANNOT be deemed an aggravating circumstance.
People v. Roland Almeida
In view of the enactment of RA 8294, there can be NO separate
offense of illegal possession of firearms and ammunition if there is
ANOTHER crime committed such as in this case, illegal possession of
dangerous drugs.
Agote v. Lorenzo
 Charged with PD 1866 (1983) and COMELEC gun ban –
allegedly committed on April 27, 1996.
 Convicted on both counts on May 18, 1999
 RA 8294 was approved into law June 6, 1997
RA 8294 can be given retroactive effect if favourable to the accused.
Hence, he cannot be convicted for violation of RA 8294 if another
crime is committed at the same time (COMELEC gun ban). This is true
even if the firearm was not used in the commission of the other crime
or that the other crime has no relation to the possession of the
firearm.
Sison v. People
The judgment for petitioner’s conviction for illegal possession of
firearms must be SET ASIDE. He can no longer be held liable for such
offense since another crime was committed – rape.
Celino v. CA
 Accused was charged with illegal possession of firearms and
COMELEC Gun ban.
 He was adjudged NOT GUILTY in the gun ban charge
 For the illegal possession charge – accused filed a motion to
quash during arraignment but was denied.
 Accused filed petition with the Supreme Court
Held: When the other offense involved is one of those enumerated
under RA 8294, any information for illegal possession of firearm should
be quashed because the illegal possession would have to be tried
together with such other offense, whether considered as an
aggravating circumstance or absorbed as an element of other crimes.
Sayco v. People
Sayco was charged for possession of a 9mm pistol without the
necessary license or authority to possess. In his defense, Sayco
presented a Memorandum Receipt and a Mission Order issued by the
Philippine Army.
Held: The corpus delicti in the crime of illegal possession of firearm is
the lack of license or permit to possess or carry the firearm, as
possession itself is not prohibited by law. To establish the corpus
delicti, the prosecution must prove that (1) the firearm exists) and that
(the accused does not have the license or permit to possess/carry)
Special or confidential civilian agents who are not included in the
regular plantilla of any government agency involved in law
enforcement or receiving regular compensation are NOT EXEMPT from
the requirements under PD 1866 (license to possess firearms and
permit to carry the same outside of residence)
Officers of private or public firms
Owners, managers or officers of any public or private company who
shall wilfully or knowingly:
1. Allow any of the firearms owned by such company to be
used by any person found guilty of violating the provisions of
the preceding paragraphs.
2. Allow them to use unlicensed firearms without any legal
authority to be carried outside of their residence in the
course of their employment.
Violation even if firearm is licensed
Any person who shall carry any licensed firearm outside his resident
without any legal authority therefor. (Penalty: Arresto Mayor)
SECTION 2: PRESUMPTION
Presumption
The possession of any machinery, tool or instrument used directly in
the manufacture of firearms or ammunition by any person whose
business or employment does not lawfully deal with the manufacture
of firearms of ammunition – PRIMA FACIE evidence that such article is
intended to be used in the unlawful or illegal manufacture.
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SECTION 3: EXPLOSVE OR INCENDIARY DEVICE
Unlawful manufacture, sale, acquisition, disposition, importation or
possession of an explosive or incendiary device
Acts punished
Unlawfully manufacture, assemble, deal in, sell, acquire, dispose,
import or possess:
Any explosive or incendiary device, with knowledge of its
existence and its explosive or incendiary character capable of
producing destructive effect on objects or causing injury or
death to any person.
Examples: hand grenade, rifle grenade, pillbox bomb, Molotov
cocktail bomb, firebomb and the likes. (Penalty: RP)
Presumption of knowledge
The mere possession of any explosive or incendiary – PRIMA FACIE
evidence that the person had knowledge of the existence and the
explosive or incendiary character of the device.
Instances where there is no violation
1. Temporary, incidental, causal or harmless possession of any
explosive or incendiary device without the knowledge of its
existence or its explosive or incendiary character
2. The temporary, incidental, causal or harmless possession of
the said device is for the sole purpose of surrendering it to
the proper authorities
RA 10591 COMPREHENISVE FIREARMS
AND AMMUNITION REGULATION ACT
DEFINITIONS
Accessories – parts of a firearm which may enhance the operational
efficiency or accuracy of a firearm BUT will not constitute any of the
major or minor internal parts thereof such as laser scope, telescopic
sight and silencer.
Ammunition – complete unfixed unit consisting of a bullet,
gunpowder, cartridge case or loaded shell for use in any firearm.
Firearm – any handheld or portable weapon that expels a bullet, shot,
slug, missile or any projectile which is discharged by means of an
expansive force or gases from burning gunpowder or other form of
combustion. The barrel, frame or receiver is considered a firearm.
Imitation firearm – a replica of a firearm or other device that is so
substantially similar in coloration and overall appearance as to lead a
reasonable person to believe that such imitation is a real firearm.
Light weapons
 Class A light weapons
Caliber – does not exceed 7.62 mm
Fully automatic fire
Self-loading pistols, rifles and carbines, submachine guns,
assault rifles and light machine guns
 Class B light weapons
Caliber – exceeding 7.62 mm
Two man crew
Grenade launchers, heavy machine guns, portable anti-tank
guns, recoilless rifles, mounted grenade launchers, etc.
Major part or components of a firearm – refers to the barrel,
slide, frame, receiver, cylinder or the bolt assembly. Also includes any
part designed and intended for use in converting semi-automatic burst
to a full automatic firearm
Minor parts of a firearm – those parts other than the major parts
which are necessary to effect and complete the action of expelling a
projectile by way of combustion, except those classified as accessories.
Small arms – firearms intended for individual use or generally
considered to mean a weapon intended to be fired from the hand or
shoulder, which are not capable of fully automatic busts of discharge.
Examples: Handgun (pistol, revolver), rifle, shotgun
APPLICANT FOR A FIREARM LICENSE
1. Filipino
2. At least 21 years old
3. Gainful work
PERMIT TO CARRY
Those whose life is under actual threat or is imminent danger due to
the nature of his profession, occupation or business.
Examples:
1. Lawyers
2. CPA
3. Accredited media practitioners
4. Cashiers or bank tellers
5. Priests, ministers, rabbi, imams
6. Physicians and nurses
7. Engineers
8. Business, who by nature of their business, are exposed to
risk of being targets of criminal elements
FIREARMS THAT MAY BE REGISTERED
1. Small arms – citizens and juridical entities for ownership,
possession and concealed carry
2. Light weapons – AFP, PNP, Law enforcement agencies
authorized by the President
Provided, that private individuals who already have licenses to possess
Class A light weapons upon the effectivity of this Act shall NOT be
deprived of the privilege to continue possession the same and
renewing licenses therefor
UNLAWFUL ACQUISITION OR POSSESSION OF FIREARMS
1. Acquisition or possession of a small arms
2. Acquisition or possession of 3 or more small arms or Class A
light weapons
3. Acquisition or possession of a Class A light weapon
4. Acquisition or possession of a Class B light weapon
Penalty is one degree higher if the firearm is:
1. Loaded with ammunition or inserted with a loaded magazine
2. Fitted or mounted with laser or any gadget used to guide
the shooter to hit the target such as thermal weapon sight
and the like
3. Fitted or mounted with sniper scopes, firearm muffler or
silencer
4. Accompanied with an extra barrel
5. Converted to be capable of firing full automatic bursts
USE OF A LOOSE FIREARM IN THE COMMISSION OF A CRIME
1. Aggravating
 If inherent in the commission of a crime
 If penalty for crime is lower than penalty for illegal
possession – penalty for illegal possession is imposed
 If penalty for crime is equal to penalty for illegal possession
– Prision mayor minimum, in addition to the penalty for the
crime committed.
2. Absorbed
 In crimes of rebellion, insurrection or attempted coup d’etat.
3. Two separate and distinct offenses
 If crime is committed without the use of the loose firearm
OTHER CRIMINAL OFFENSES
1. Sec 31 – Any person licensed to own a firearm but who shall
carry the registered firearm outside his residence without any
legal authority
2. Sec 32 – Unlawful manufacture, importation, sale or disposition
of firearms or ammunition or parts thereof, machinery, tool or
instrument used or intended to be used in the manufacture of
firearms, ammunition or parts thereof.
3. Sec 33 – Arms smuggling
4. Sec 34 – Any person who shall tamper, alter or replace without
authority the barrel, frame, receiver, cylinder, including the
name of the maker, serial number or model of any firearm
USE OF AN IMITATION FIREARM
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The use of an imitation firearm in the commission of a crime shall be
considered a real firearm.
Take note: Injuries caused on the occasion of the conduct of
competition, spots, games or any recreation involving imitation fireable
shall NOT be punishable under this Act.
LIABILITY FOR PLANTING EVIDENCE
Any person who shall wilfully or maliciously insert, place or attach any
firearm or ammunition of parts thereof in the person, house, effects or
immediate vicinity of an innocent individual for the purpose of
implicating the person or imputing the commission of any violation of
the provisions of this Act to said individual – Prision Mayor max
Take note: If he is a public officer or employee – Reclusion Perpetua
Take note: There is NO need to prove each and every other act
alleged in the information to have been committed by the accused in
furtherance of the overall unlawful scheme to amass or acquire ill-
gotten wealth.
Example:
Suppose the accused is charged in information for plunder with having
committed 50 raids on the public treasury. The prosecution need not
prove all these 50 raids, it being sufficient to prove by pattern at least
2 of the raids beyond reasonable doubt, provided only that they
amounted to at least P50M.
RA 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT

PD 7080 PLUNDER DEFINITION

Government includes
CONCEPT A. National government
Plunder is the amassing, accumulating or acquiring of ill-gotten wealth B. Local government
through a combination or series of overt or criminal acts. The ill-gotten C. GOCC
wealth is in the aggregate amount or total value of at least P50M. D. All other instrumentalities of the Republic and their branches
Penalty: Reclusion Perpetua to Death Public officers include
A. Elective and appointive
OFFENDER IN PLUNDER B. Permanent and temporary
It is committed by any public officer C. Classified, unclassified or exemption service receiving
A. By himself compensation, even nominal
B. In connivance with his:
 Family Receiving any gift
 Relatives (affinity or consanguinity)
 Business associates Elements:
 Subordinates
 Other persons A. Accepting in/directly
B. From any person
Take note: However, any person who participates in the commission of C. In behalf of himself or family or relative within 4 th civil degree
the offense “contributing to the crime of plunder” shall likewise be (C/A)
punished for such offense. D. Even on occasion of a family celebration or national festivity
E. If the value of the gift is manifestly excessive
ILL-GOTTEN WEALTH
Any asset, property, business enterprise or material possession of any EXCEPT: From a member of the public officer’s immediate family
person within the purview of Section 2 hereof, acquired by him directly
or indirectly through dummies, nominees, agents, subordinates and/or SEC 3. CORRUPT PRACTICES
business associates.
1. Persuading, inducing or influencing another public
Acquired by a series or combination officer to perform an act constituting a violation of the
rules and regulations
A. Misappropriation of public funds or raids on the public treasury
B. Receiving commission or kickback in connection with any Deliberate intent
government project by reason of office RA 3019 requires deliberate intent on the part of the public official
concerned to violate those rules and regulations duly promulgated by
C. Illegal or fraudulent conveyances or disposition of assets competent authority, or to commit an offense in connection with his
belonging to the government duties. (Reyes v. Atienza)
D. Obtaining interest in any business enterprise
No violation because all indication would show that Reyes was no
E. Establishing agricultural, industrial or commercial monopolies longer interested to work as assistant assessor.
F. Taking undue advantage of official position, relationship or If I will not be transferred, I will resign. When he was not given the
connection to unjustly enrich himself to the damage of the transfer, the mayor started appointing another for his position.
people and the Republic

Take note: 2. Directly or indirectly requesting or receiving any gift,

Combination – at least two acts falling under the different categories share, percentage or benefit for himself or for any other
Series – two or more acts falling under the same category person, in connection with any contract between the
Government where the public officer in his official
ELEMENTS capacity has to intervene under the law.
Estrada v. Sandiganbayan
Offender has to interfere in his official capacity
1. Offender is a public officer who acts by himself, or in
connivance with members of his family, relatives, business Elements:
associates, subordinates or other persons 1. The offense was committed by a public officer
2. That the amasses or acquired ill-gotten wealth through a 2. He requested or received a gift
combination or series of the following overt acts (see 3. Gift was for his benefit
enumeration above) 4. He requested or received in connection with a contract with
3. That the aggregate amount or total value of the ill-gotten the government
wealth is at least P50M. 5. He has the right to intervene in such contract in his official
capacity under the law.
PROOF REQUIRED IN PLUNDER
What the prosecution needs to prove beyond reasonable doubt is only Three different acts
a number of acts sufficient to form a combination or series which
1. Demanding or requesting
would constitute a pattern and involving an amount of at least P50M.
2. Receiving
3. Demanding, requesting and receiving

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Any gift, present, share, percentage or benefit for oneself or for any
other person, in connection with any contract or transaction between
the government, wherein a public officer has to intervene under the
law in an official capacity.
Take note:
Each of these modes of committing the offense is distinct and different
from one another. Proof of existence of any of them suffices to
warrant conviction.
3. Directly or indirectly requesting or receiving any gift for
himself or from another as consideration for the
issuance of government licenses or permits
Elements
1. Public officer
2. He secured or obtained or would secure or obtain for a
person any government license or permit
3. Has in/directly requested or received from said person any
gift or other pecuniary or material benefit for himself or for
another
4. In consideration for help given or to be given.
Value of the gift is not an element
Whether the gift’s value is excessive or not, and regardless of the
occasion, so long as the gift is of pecuniary estimation. What is
important is that the gift received is in consideration for help given or
to be given by the public officer.
E. Causing any undue injury to any party, including the
Government, or giving any private party any
unwarranted benefits in the discharge of his official
functions through manifest partiality, evident bad faith,
or inexcusable negligence.
Take note: Applies to officers and employees of government
corporations charged with the grant of licenses or permits or other
concessions.
Elements
1. Public officer discharging administrative, judicial or official
functions
2. Acted with manifest partiality, evident bad faith or
inexcusable negligence
3. That his actions caused undue injury to any party or he
gives any private party unwarranted benefits
Not limited to officers charged with granting licenses/permits
I am not liable because I do not issue licenses or permits – NO! The
last sentence is intended to include those officers which under the
ordinary concept of public officers many not come within the term. It is
a strained construction of the provision to read it as applying to public
officers charged with the duty of granting licenses or permits. (Cruz v.
Sandiganbayan)
Arias doctrine
A head of office has to trust his subordinates. As long as there is
nothing apparently wrong, and should it turn out that there was some
corruption involved, the fact that the head officer signed does not
mean that he is involved.
Arias v. Sandiganbayan
It would be a bad precedent if a head or office is suddenly swept into
a conspiracy conviction simply because he did not personally examine
every detail done by his subordinates.
Property was bought at P80 per sqm. There was a valuation that the
property was only at P5 per sqm. Because of Arias’ signature in the
documents, he was included in the filing of the case. Just because
your signature appears thereon, without any other evidence that you
have any hand in the corruption – NOT SUFFICIENT to convict you
under RA 3019.
Reimbursement is not exonerating
At best, it is only mitigating.
SEC 4. PROHIBITION ON PRIVATE INDIVIDUALS
 Private individuals who have family relations or close
personal relations with a public official
 In/directly requesting or receiving gifts
 From any person who has business with the government in
which the public officer has to intervene
SEC 5. PROHIBITION ON CERTAIN RELATIVES
 President of the Philippines, the VP, Senate President or
House Speaker
 Spouse and relatives by C/A within the 3rd civil degree
 To intervene, in/directly in any business or transaction with
the Government
SEC 7. STATEMENT OF ASSETS AND LIABILITIES
Within 30 days after assuming office, on or before 15th day of April
following the close of every calendar year, as well as upon the
expiration of his term or office, or upon his registration or separation
from office.
 File a true detailed and sworn statement of assets and
liabilities, plus the statement of the amounts and sources of
his income, amount of personal and family expense and
income taxes paid for the next calendar year
Purpose: Transparency.
SEC 8. UNEXPLAINED WEALTH
 Public official who acquires during his incumbency a property
or money manifestly out of proportion to his salary and to
his other lawful income
 Properties in the name of spouse and children are taken into
consideration
 Bank deposits to be taken into consideration
 Ground of indefinite period of administrative suspension
SEC 13. SUSPENSION AND LOSS OF BENEFITS
Elements
1. Incumbent public officer
2. Criminally prosecuted – any offense involving fraud upon
government or public funds or property
3. Simple, complex, whatever stage of execution or mode of
participation
4. Pending in court – suspended from officer (max 6mos)
5. Convicted (lose all retirement or gratuity benefits)
6. Acquitted – reinstatement and entitled to salary and benefits
which he failed to receive during suspension
Covers two types of offenses
1. Any offense involving fraud on the government
2. Any offense involving public funds or property
Miranda v. Sandiganbayan
Mayor was suspended but continued to perform the functions despite
the suspension – he was charged with fraud. He said he cannot be
held responsible because it does not involve public funds
Fraud upon the government NEED NOT involve public funds
The phrase “any offense involving fraud upon government or public
funds or property” is clear and categorical. To limit the use of
“government” as an adjective that qualifies “funds” is baseless. The
word public precedes funds and distinguishes the same from private
funds.
Fraud upon the government
Any instance or act of trickery or deceit against the government. (i.e.
assuming the functions of mayor despite the suspension
Take note: Not restrictively equivalent to malversation of funds
Suspension: Ombudsman Law and LGC
Administrative complaints commenced under the OL are distinct from
those initiated under the LGC.
 Period of suspension OL – As long as 6 months
 Period of suspension LGC – 60 days
Ombudsman – immune to political pressure since it is a constitutional
body, hence can impose a longer period of preventive suspension.
(LGC may be motivated by partisan political considerations)
MISCELLANEOUS PROVISIONS
 Sec 10 – jurisdiction with the RTC
 Sec 11 – prescription is 10 years
 Sec 12 – public officers cannot resign or retire pending an
investigation or pending prosecution for violation of RA 3019
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 Sec 14 – unsolicited gifts of small insignificant as mere ordinary
token of gratitude, according to local customs or usage –
exempted.
RA 7877 ANTI-SEXUAL HARASSMENT ACT
The law does not treat all types of sexual harassment. It is limited to
sexual harassment that occurs in work, training or education
environment.
Offender
Employer, employee, manager, supervisor, agent of the employer,
teacher, instructor, professor, coach, trainer, or any other person who,
having authority influence or moral ascendancy over another in a work
or training or education environment.
Sexual harassment in general
It is committed when the offender demands, requests or otherwise
requires any sexual favour from the other, regardless of whether the
demand, request or requirement for submission is accepted by the
object of sexual harassment.
SH IN A WORK-RELATED OR EMPLOYMENT ENVIRONMENT
1. The sexual favor is:
A. Made as a condition:
 In the hiring or employment, re-employment
continued employment of said individual
 In granting said individual favourable compensation,
terms or conditions, promotions or privileges
B. The refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in any way
would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee.
2. The above acts would impair the employee’s rights or privileges
under existing labor laws or
3. The above acts would result in an intimidating, hostile, or
offensive environment for the employee.
Elements
1. He has authority, influence or moral ascendancy over
another
2. The authority, influence or moral ascendancy exists in a
working environment
3. He makes a demand, request, or requirement of a sexual
favor
Misplaced assessment of incidents
What we perceive to have been committed by respondent judge are
casual gestures of friendship and camaraderie nothing more, nothing
less. In kissing complainant, we find no indication that respondent was
motivated by malice or lewd design. Evidently, she misunderstood his
actuations and construed them as work-related sexual harassment
under RA 7877.
 A mere casual buss on the cheek is not a sexual conduct or
favor and does not fall within the purview of sexual
harassment under RA 7877.
Demand for a sexual favor need not be explicit or stated
The demand of a sexual favor need not be explicit or stated but it is
not necessary that the demand, request or requirement of a sexual
favor be articulated in a categorical oral or written statement.
Even without an explicit demand from petitioner, his act of mashing
the breast of AA was sufficient to constitute sexual harassment. Sexual
harassment in an education or training environment is committed
when the sexual advances result in an intimidating, hostile, or
offensive environment for the student, trainee or apprentice.
As a condition for continued employment or promotion
Contrary to Rayala’s claim, it is not essential that the demand, request
or requirement be made as a condition for continued employment or
for promotion to a higher position. It is enough that the respondent’s
acts result in creating an intimidating, hostile or offensive environment
for the employee.
Discerned from the acts
It is not necessary that the demand of a sexual favor be articulated in
a categorical oral or written statement. It may be discerned from the
acts of the offender holding and squeezing Domingo’s shoulders,
running his fingers across her neck and tickling her ear, giving her
money for school expense with a promise of future privileges, etc. 0 all
these acts of Rayala resound with deafening clarity the unspoken
request for a sexual favor.
Grave misconduct
Respondent was charged with knowledge of the existence of this law
and its contents, more so because he was a public servant. His act of
grabbing petitioner and attempting to kiss her without her consent was
an unmistakable manifestation of his intention to violate laws that
specifically prohibited sexual harassment in the work environment.
Duty of head or employer
1. To prevent or deter sexual harassment
2. To provide a procedure for resolution, settlement or
prosecution of sexual harassment cases
 Promulgate rules and regulations prescribing the procedure
in the investigation of sexual harassment cases and
providing administrative sanctions.
 Create a committee on decorum and investigation of sexual
harassment cases.
or
Penalties
Imprisonment of not less than 1 month nor more than 6 months, or a
fine of not less than P10, 000 nor more than P20, 000, or both at the
discretion of the court.
 Administrative sanction shall not be a bar to prosecution in
the proper courts for unlawful acts of sexual harassment
 The victim is not precluded from instituting a separate and
independent action for damages and other affirmative relief
HAZING
Hazing – an initiation rite or practice as a prerequisite for admission
into membership in a fraternity, sorority or organization by placing the
recruit in some embarrassing situation such as forcing him to do
menial, silly, foolish and similar tasks or otherwise subjecting him to
physical or psychological suffering or injury.
Organization shall include
1. Any club
2. AFP
3. PNP
4. PMA
5. Officer or Cadet Corps of the CMT or CAT
Exception
Physical, mental or psychological testing and training procedure to
determine and enhance the fitness of prospective regular members of
the AFP and PNP as approved by the Sec of National Defense and the
NPC – NOT HAZING.
Requirements
1. Prior written notice to the school authorities, head of org 7
days before the conduct of such initiation
2. Notice shall indicate the period which shall not exceed 3
days
3. Shall include the names of those subjected to such activities
4. Shall contain an undertaking that no physical violence shall
be employed by anybody during such initiation rites.
Qualifying circumstances
1. Recruitment is accompanied by force, violence, threat,
intimidation or deceit on the recruit who refused to join
2. When a recruit initially consents to join but upon learning
that hazing will be committed, is prevented from quitting
3. When the recruit having undergone hazing is prevented from
reporting to his parents, guardians through force, threat, etc
4. When hazing is committed outside of the school
5. When victim is below 12 at the time of hazing
Principals
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Officers and members of the fraternity who actually participated in the

infliction of physical harm shall be liable as principals

Included as principals
1. Parents of officers or members when hazing is committed in
their house or had knowledge of the hazing but did not
prevent the same
2. Officers, former officers, alumni who actually planned the
hazing although not present when hazing was committed
3. Officers or members who knowingly cooperated by inducing
the victims to be present
4. Advisers of a fraternity who are present during the hazing
and failed to take any action to prevent the same.

Presumption
Presence of any person during the hazing is PRIMA FACIE evidence of
participation therein as principal unless he prevented the commission
of the acts punishable therein.

Accomplices
1. Owner of the place where hazing is conducted if he had
knowledge and failed to prevent the same
2. School authorities including faculty who consented or have
actual knowledge of hazing but failed to prevent the same

Not mitigating
Any person charged shall not be entitled to the mitigating
circumstance that there was no intention to commit so grave a wrong.

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